Eastern District of Oklahoma

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Jimmy Ray Robinson, age 55, of Choctaw County, Oklahoma, was sentenced to the statutory maximum 24 months in federal prison for one count of Abusive Sexual Contact in Indian Country.  Robinson pleaded guilty to the offense in August 2022.

The evidence in this case established that in September of 2020, Robinson intentionally touched a child over the clothing in a sexual manner.  The victim disclosed the abuse and provided details during a forensic interview.

On August 24, 2022, Robinson pleaded guilty to one count of Abusive Sexual Contact in Indian Country.  Robinson was immediately remanded to the custody of the U.S. Marshal to await sentencing.

The Federal Bureau of Investigation conducted the investigation.

“Let today’s sentence send the message that those who prey on Oklahoma’s children will be found and prosecuted to the fullest extent of the law,” said FBI Oklahoma City Special Agent in Charge Edward J. Gray. “The FBI and our law enforcement partners remain committed to ensuring the safety of our communities, especially our most vulnerable citizens."

“Cases like this are especially troubling and heart-wrenching,” said United States Attorney Christopher J. Wilson. “I am thankful for the work of the Federal Bureau of Investigation and the United States Attorney’s Office to see to it the defendant was brought to justice.”

Prosecutors brought this case as part of Project Safe Childhood.  Project Safe Childhood is a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse.  Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood draws on federal, state, and local agencies to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.justice.gov/psc.

The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted this case because the defendant is a member of a federally recognized Indian tribe and the crimes occurred in Choctaw County, within the boundaries of the Choctaw Nation Reservation and the Eastern District of Oklahoma.

The Honorable Bernard M. Jones, U.S. District Judge in the United States District Court for the Western District of Oklahoma, presided over the sentencing in Muskogee.  Robinson will remain in custody pending transportation to a designated United States Bureau of Prisons facility to serve his non-paroleable sentence of incarceration.  Upon completion of his term of imprisonment, Robinson will serve a life term of supervised release under Federal supervision.

Assistant United States Attorney Edith Singer represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Dr. Bryan Andrew Blanck, a Doctor of Podiatric Medicine (DPM) who formerly owned and operated the Valley View Foot and Ankle Center, located in Ada, Oklahoma, has agreed to pay $7,000,000.00 to the United States to resolve allegations he violated provisions of the False Claims Act (FCA).

The settlement resolves allegations that Dr. Blanck submitted false claims to the VA Choice/Patient-Centered Community Care programs for excessive medical services and for higher levels of service than what were medically reasonable or necessary for veterans receiving bioengineered skin substitutes and skin substitute related treatment.

The Department of Veterans Affairs, Veterans Health Administration (VHA), provides integrated health care to U.S. Military Veterans in the United States through VA Medical Centers and VA Outpatient Clinics. VHA provides health care services similar to traditional hospitals.  Veterans enrolled in VA health care have the option to receive care at the VA or at health care facilities within the local community. TriWest oversees the scheduling, claims processing and billing functions for veterans receiving care in the community. Dr. Blanck accepted and treated veterans at the Valley View Foot and Ankle Clinic.

An audit conducted by the VA revealed that from February 14, 2017 – June 14, 2018, Dr. Blanck was the #1 billing podiatrist out of 4,014 podiatrists nationwide in VA Choice and accounted for 23.7% of total podiatrist billings in the VA Choice program. During the same time period, Dr. Blanck was the #1 billing provider out of 280,073 individual providers in the entire VA Choice program across the nation. These high billing numbers sparked an investigation by the VA-Office of Inspector General. Based on the investigation, it was alleged Dr. Blanck misrepresented the seriousness of patients’ wounds to Tri-West in order to obtain authorization to administer bioengineered skin substitutes and copy and pasted medical notes as justification for his billing. For skin substitutes to be used, a detailed treatment history is required of standard wound care for a minimum of four weeks. At the end of the minimum four weeks, documentation must be shown as to why standard wound care has failed and it is necessary to use skin substitutes. It was alleged Dr. Blanck regularly administered skin substitutes without performing standard preliminary wound care and billed the VA Choice program for these medically unnecessary services.

“Protecting the citizens of our district against unscrupulous health care providers who do not play by the rules is a priority for my office,” said United States Attorney Christopher J. Wilson. “Billing for and receiving payment for medically unnecessary and inappropriate levels of care is wrong and a waste of taxpayer dollars. The False Claims Act is a valuable weapon in the government’s arsenal to combat these types of abuses.”

“Subjecting veterans to unnecessary medical procedures at the expense of the taxpayer cannot be tolerated. Such activities put at risk VA’s ability to provide timely, quality health care within the local community,” said Special Agent in Charge Kris Raper with the Department of Veterans Affairs Office of the Inspector General’s South Central Field Office. “The VA OIG will continue to work with our law enforcement partners to ensure the integrity of VA’s programs and services.”

This civil settlement illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $26.7 billion through False Claims Act cases, with more than $16.8 billion of that amount recovered in cases involving fraud against federal health care programs.

This case was a coordinated effort among the United States Attorney’s Office for the Eastern District of Oklahoma and the Office of the Inspector General of Veteran Affairs. The lawsuit is captioned United States v. Bryan Blanck, Case No. 6:23-cv-00003-JAR (E.D. Okla.).

Assistant United States Attorneys Michael O'Malley and Clay Compton represented the United States.

The claims settled or pursued by the government are only allegations; there has been no determination of liability.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announces that Terrell Eugene Delozier, age 39, of Ada, Oklahoma, was sentenced to 46 months for domestic violence, 46 months for assault with a dangerous weapon, and 57 months for child neglect on March 29, 2023.  The sentences will run concurrently.

The charges arose from an investigation by the Ada Police Department, the Chickasaw Lighthorse Police Department, and the Federal Bureau of Investigation.

On February 15, 2022, Delozier pleaded guilty to one count of Domestic Violence in Indian Country, one count of Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, and one count of Child Neglect in Indian Country stemming from a single incident on April 28, 2021, where he assaulted and threatened a former intimate partner in front of her children.

The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted this case because the victims are members of a federally recognized Indian tribe and the crimes occurred in Pontotoc County, which is within the boundaries of the Chickasaw Nation Reservation and the Eastern District of Oklahoma.

“Domestic violence is a scourge which impacts and destabilizes all segments of society, including our Tribal Nations.  Today’s sentencing of Terrell Delozier for domestic violence affords safety to his victims and ensures that crimes against intimate partners and children continue to be taken seriously in the Eastern District of Oklahoma,” said United States Attorney Christopher J. Wilson.

"The severe assault by Terrell Delozier will have long-lasting effects on his victims, including young children, who should never have to endure such violence,” said FBI Oklahoma City Special Agent in Charge Edward J. Gray. “The FBI will continue to work with our law enforcement partners to aggressively pursue these cases and ensure justice is met for violent offenders.”

The Honorable Bernard M. Jones, II, U.S. District Judge in the United States District Court for the Western District of Oklahoma, presided over the hearings in Muskogee. Delozier was remanded to the custody of the U.S. Marshal at the conclusion of sentencing.  He will remain in custody pending transportation to a designated United States Bureau of Prisons facility to serve his sentence of incarceration.

Assistant United States Attorney Cameron McEwen represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced that Joseph Stanley Harjo, age 40, of Muskogee, Oklahoma, was sentenced to life in federal prison for Aggravated Sexual Abuse in Indian Country.  Harjo was found guilty of the offense by a federal jury in November 2021.

At trial, the United States presented evidence that in June 2016, Harjo sexually abused a six-year-old child.  Days later, the child disclosed the abuse and provided further details during a forensic interview.  Five additional witnesses testified at trial that Harjo sexually assaulted each of them when they were between the ages of four and twelve.

The case was investigated by the Muskogee Police Department and the Federal Bureau of Investigation.

“The defendant is clearly a sexual predator, and the life sentence imposed by the Court ensures he will never be able to victimize another child,” said United States Attorney Christopher J. Wilson. “I am thankful for the cooperative efforts of our law enforcement partners in this case. Their investigative work enabled my Assistant United States Attorneys to pursue the prosecution of the defendant and deliver justice to those he victimized.”

“Our children are our most vulnerable citizens, and we will do everything in our power to protect them by getting predators like Harjo off the street,” said FBI Oklahoma City Special Agent in Charge Edward J. Gray. “His life sentence stands as a testament to the dedication and collaboration of the FBI, the Muskogee Police Department, the Oklahoma Department of Human Services, and the U.S. Attorney’s Office to ensure justice is served for victims of the most serious crimes in Indian Country.”

The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant is a member of a federally recognized Indian tribe and the crime occurred in Muskogee County, within the boundaries of the Muscogee (Creek) Nation Reservation, and within the Eastern District of Oklahoma.

The Honorable Ronald A. White, U.S. District Judge of the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the sentencing hearing.  Harjo was remanded to the custody of the United States Marshal to await transportation to a United States Bureau of Prisons facility to serve his non-paroleable sentence.

Assistant United States Attorneys Anthony Marek and Morgan Muzljakovich represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Leiloni Blake Smith, age 30, of Tahlequah, Oklahoma was found guilty by a federal jury of eight counts of Aggravated Sexual Abuse of a Child in Indian Country; two counts of Sexual Exploitation of a Child; and one count of Possession of Certain Material Involving the Sexual Exploitation of a Minor.

The jury trial began on Monday, March 20, 2023, and concluded on Tuesday, March 21, 2023, with the guilty verdicts.

During the trial, the United States presented evidence that an investigation began in 2020 based on CyberTips received from the National Center for Missing and Exploited Children.  Those CyberTips indicated that an individual in the Tahlequah area was uploading child sexual abuse materials through an online provider.  Gregory Neil Bias was identified, located, and arrested in January of 2022 for those offenses.  During the investigation, electronic devices including the cell phones of Smith and Bias were seized and examined. Investigators discovered videos depicting the aggravated sexual abuse of two children. 

The guilty verdicts were the result of an investigation by the Oklahoma State Bureau of Investigation, Federal Bureau of Investigation, and Homeland Security Investigations.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.  For more information about Internet safety education, please visit www.justice.gov/psc and click on the tab "resources."

The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendants in this case are members of a federally recognized Indian tribe and the crimes occurred in Cherokee County, within the boundaries of the Cherokee Nation Reservation and within the Eastern District of Oklahoma.

The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial of Smith and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Smith was remanded to the custody of the United States Marshal pending the imposition of sentencing.

The co-defendant in this case, Gregory Neil Bias, age 39, entered pleas of guilty on January 18, 2023 to nine counts of Aggravated Sexual Abuse of a Child in Indian Country; two counts of Sexual Exploitation of a Child; two counts of Possession of Certain Material Involving the Sexual Exploitation of a Minor; one count of Receipt of Certain Material Involving the Sexual Exploitation of a Minor; one count of Distribution of Certain Material Involving the Sexual Exploitation of a Minor; and one count of Felon in Possession of Firearm.  Completion of a presentence report was previously ordered for Bias and he is in the custody of the United States Marshal pending the imposition of sentencing.

Assistant United States Attorneys Edith Singer and Kyra Jenner represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Kent Matthew Stapp, age 34, of Okmulgee County, Oklahoma was found guilty by a federal jury of one count of Felon in Possession of a Firearm & Ammunition. The jury trial began on Monday, March 13, 2023, and concluded on the same day with the guilty verdict.

During the trial, the United States presented evidence that on February 11, 2022, local law enforcement in Okmulgee, Oklahoma stopped Kent Matthew Stapp’s vehicle for a traffic violation and discovered that he had outstanding arrest warrants. When officers attempted to arrest Stapp, he tried to flee. Officers were able to prevent Stapp’s escape and take him into custody. The evidence included body camera footage of the arrest, wherein the defendant, a convicted felon, was shown to be in possession of a firearm and ammunition.

The guilty verdict was the result of an investigation by the Okmulgee County Sheriff’s Office, the Okmulgee Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case due to the federal crime of a felon in possession of a firearm and ammunition and because the defendant in this case is a member of a federally recognized Indian tribe and the crime occurred in Okmulgee County, within the boundaries of the Muscogee (Creek) Nation Reservation and within the Eastern District of Oklahoma.

The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Stapp was remanded to the custody of the United States Marshal pending the imposition of sentencing.

Assistant United States Attorneys Genevieve Ozark and Jarrod Leaman represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Brett Dewayne Cole, age 33, of Ringold, Oklahoma was found guilty by a federal jury of two counts of Aggravated Sexual Abuse in Indian Country and one count of Abusive Sexual Contact of a Child in Indian Country. The jury trial began on Monday, March 6, 2023, and concluded on Tuesday, March 7, 2023.

During the trial, the United States presented evidence that the defendant engaged in sexual acts with a minor victim, who had not reached the age of 12, on at least two occasions from January of 2019 through May of 2019.

The guilty verdicts were the result of an investigation by the Federal Bureau of Investigation and the McCurtain County Sheriff’s Office.

The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the victim in this case is a member of a federally-recognized Indian tribe and the crimes occurred in McCurtain County, within the boundaries of the Choctaw Nation Reservation and within the Eastern District of Oklahoma.

The Honorable John F. Heil, III, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Cole was remanded to the custody of the United States Marshal pending the imposition of sentencing.

Assistant United States Attorneys Hannah Jones and Casey Richmond represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Sean Paul Baker, age 30, of Henryetta, Oklahoma was found guilty by a federal jury of two counts of Aggravated Sexual Abuse in Indian Country and one count of Sexual Abuse of a Minor in Indian Country. The jury trial began on Monday, March 6, 2023, and concluded on Wednesday, March 8, 2023.

During the trial, the United States presented evidence that, for a 6-year period, the defendant, Sean Paul Baker, repeatedly engaged in sexual acts with a child under the age of 12.

The guilty verdicts were the result of an investigation by the Muscogee (Creek) Nation Lighthorse Tribal Police Department and the Federal Bureau of Investigation.

The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant in this case is a member of a federally-recognized Indian tribe and the crimes occurred in Okmulgee County, within the boundaries of the Muscogee (Creek) Nation Reservation and within the Eastern District of Oklahoma.

The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Baker was remanded to the custody of the United States Marshal pending the imposition of sentencing.

Assistant United States Attorneys Caila M. Cleary and Nicole Paladino represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Geovanta Ty'Kearon Lee, age 21, of Ardmore, Oklahoma, was found guilty by a federal jury on charges of (1) Cyberstalking, (2) Assault with a Dangerous Weapon with Intent to Do Bodily Harm in Indian Country, (3) Use, Carry, Brandish, and Discharge of a Firearm During and in Relation to a Crime of Violence, (4) Receipt of Material Involving the Sexual Exploitation of a Minor, and (5) Possession of Material Involving the Sexual Exploitation of a Minor in Indian Country. The jury trial began on Monday, February 27, 2023, and concluded on Wednesday, March 1, 2023.

During the trial, the United States presented evidence that on February 23, 2022, in Ardmore, Lee followed a vehicle driven by the victim.  When the victim stopped, Lee exited his vehicle holding a firearm. Lee discharged the firearm when the victim began to drive away, striking the trunk on the driver’s side. The bullet was stopped by an amplifier in the trunk. Lee fled the scene after the shooting. In the month after the assault, Lee engaged in a course of conduct, using Facebook and phone calls, to intimidate and harass the victim.  Phones recovered from the Defendant’s bedroom were searched as part of the investigation and contained evidence the Defendant received and possessed a video depicting sexual exploitation of a minor.

The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the Defendant is a member of a federally-recognized Indian tribe and the crimes occurred in Carter County, within the boundaries of the Chickasaw Nation Reservation and within the Eastern District of Oklahoma.

The guilty verdicts were the result of investigations by the Ardmore Police Department, Chickasaw Lighthorse Police Department, and the Federal Bureau of Investigation.

The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Lee was remanded to the custody of the United States Marshal pending the imposition of sentencing.

Assistant United States Attorney Patrick Flanigan and Special Assistant United States Attorney Dwight Artis represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Roslyn Melodie Haile, age 64, of Ardmore, Oklahoma entered a guilty plea to an Information charging her with one count of Bank Fraud in violation of Title 18, United States Code, Section 1344(2) and one count of Tax Fraud, in violation of Title 26, United States Code, Section 7206(1). Bank Fraud is punishable by up to 30 years of imprisonment, a fine up to $1,000,000.00, or both. Tax Fraud is punishable by up to 3 years of imprisonment, a fine up to $250,000.00, or both.

The Information alleged that on or about June 27, 2018, in the Eastern District of Oklahoma, the defendant, Roslyn Melodie Haile, for the purpose of executing or attempting to execute a scheme or artifice to obtain money, funds, credits, assets, securities, or other property under the custody and control of BancFirst, the defendant knowingly embezzled funds from the More Foundation’s BancFirst account by means of false or fraudulent pretenses, representation or promises.  The Information further alleged that on September 9, 2019, in the Eastern District of Oklahoma and elsewhere, the defendant willfully made and subscribed a false 2018 Form 1040, U.S. Individual Tax Return, which contained and was verified by a written declaration that it was made under the penalties of perjury and which the defendant did not believe to be true and correct as to every material matter, in that she knowingly failed to report $63,490.54 of income.

As part of the plea hearing, the defendant acknowledged that beginning prior to 2017 and continuing through in and around June 2021, she served as the Executive Director of the More Foundation, a charitable foundation based in Ardmore, Oklahoma.  The defendant admitted that between in and around 2017 and in and around May 2021, she embezzled funds from the More Foundation and that her actions resulted in a total loss of $428,271.26 to the More Foundation.  The defendant further acknowledged that her failure to report her true income on her taxes resulted in loss to the U.S. Treasury of $120,777.02.

The charges arose from an investigation by the Federal Bureau of Investigation and IRS-Criminal Investigations.

The Honorable Jason A. Robertson, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.

Assistant United States Attorney Kara Traster represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that McAlester residents, Billy James Menees, age 29, and Ashley Dawn Marie Schardein, age 27, were both found guilty by a federal jury of one count of Child Abuse in Indian Country and one count of Child Neglect in Indian Country.

The jury trial began with testimony on Tuesday, February 14, 2023 and concluded on Thursday, February 23, 2023 with the guilty verdicts.

During the trial, the United States presented evidence that beginning in January of 2019 Billy Menees and his live-in girlfriend, Ashley Schardein, began the systematic abuse and neglect of a child victim in their care.

The guilty verdicts were the result of an investigation by the McAlester Police Department, the District Attorney’s Office for District 18, the Oklahoma State Bureau of Investigation, and the Federal Bureau of Investigation.

The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the victim in this case is a member of a federally recognized Indian tribe and the crimes occurred in Pittsburg County, within the boundaries of the Choctaw Nation Reservation, and within the Eastern District of Oklahoma.

The Honorable Timothy D. DeGiusti, U.S. Chief District Judge of the United States District Court for the Western District of Oklahoma, in Oklahoma City, presided over the trial and ordered the completion of the presentence reports. The sentencings will be scheduled following completion of the reports and the Defendants will remain in custody of the United States Marshal until then.

Assistant United States Attorneys Nicole Paladino and Caila M. Cleary represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Michael David Patton, age 30, of Wewoka, Oklahoma entered a guilty plea to an Information charging him with Murder in Indian Country – Second Degree, which is punishable by up to life imprisonment, a fine up to $250,000.00, or both.

The Information alleged that on or about October 19, 2022, the defendant, with malice aforethought, did unlawfully kill the victim. During the plea hearing, the defendant admitted he entered a residence in Wewoka, Oklahoma by force and stabbed the victim over ten times while the victim was sleeping.

The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant is a member of a federally recognized Indian tribe and the crime occurred in Seminole County, within the boundaries of the Seminole Nation Reservation and within the Eastern District of Oklahoma.

The charges arose from an investigation by the Seminole Lighthorse Police Department, Seminole County Sheriff’s Office, and the Federal Bureau of Investigation.

The Honorable Gerald L. Jackson, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report. The defendant was remanded into the custody of the United States Marshal pending imposition of sentencing.

Assistant United States Attorney Casey Richmond represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Austin Dean McMahan, age 24, of Okmulgee, Oklahoma entered a guilty plea to an Information charging him with two counts of Murder in Indian Country – Second Degree, punishable by up to life imprisonment, a fine up to $250,000.00, or both.

The Information alleged that on or about April 7, 2020, the defendant unlawfully, with malice aforethought, shot and killed two victims. During the plea hearing, the defendant admitted that he picked up a handgun and unlawfully shot the first victim in her head and then shot the second victim numerous times throughout his body. The defendant committed these murders while in their home in Okmulgee, Oklahoma.

The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the Defendant is a member of a federally recognized Indian tribe and the crimes occurred in Okmulgee County, within the boundaries of the Muscogee (Creek) Nation Reservation and within the Eastern District of Oklahoma.

The charges arose from an investigation by the Okmulgee Police Department and the Federal Bureau of Investigation.

The Honorable Jason A. Robertson, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.

Assistant United States Attorney Casey Richmond and Department of Justice Criminal Division Organized Crime and Gang Section Trial Attorney Cesar Rivera-Giraud represented the United States.

WASHINGTON – An enrolled member of the Seminole Nation of Oklahoma and member of the Indian Brotherhood (IBH), a prison-based gang active in Oklahoma, was sentenced today to 210 months imprisonment for his role in a homicide that took place in 2015 within Indian country in Oklahoma.

On March 9, 2022, John Douglas Knight, 43, of Seminole, Oklahoma, pleaded guilty to Second Degree Murder in Indian Country for the 2015 murder of Scotty Candler. According to court documents, in May 2015, Knight and another man received orders from the IBH to question Scotty Candler about a prior homicide. Candler actually had no involvement with the prior homicide.  Knight and another individual went to Candler’s residence carrying firearms with the purpose of questioning and assaulting Candler. Knight knocked on Candler’s door. Candler opened the door to his residence and his two dogs ran out. According to the other man and a third man who drove the getaway car but did not observe the killing, John Knight then went into the residence and shot Candler once in the head, killing him. After killing Candler, John Knight and the other man ran from the location and disposed of the firearms before they were picked up.

Knight was sentenced by District Judge John F. Heil, III of the United States District Court for the Eastern District of Oklahoma to 210 months imprisonment.

Assistant Attorney General Kenneth A. Polite, Jr., of the Justice Department’s Criminal Division, United States Attorney Christopher J. Wilson of the Eastern District of Oklahoma, Assistant Director Luis Quesada of the FBI’s Investigative Division, and Special Agent in Charge Edward Gray of the FBI’s Oklahoma City Field Office made the announcement.

The Federal Bureau of Investigation and the Oklahoma State Bureau of Investigation investigated the case.

Trial Attorneys Rami Badawy and Brian Morgan of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Zach Parsons of the Eastern District of Oklahoma prosecuted the case.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Tyler Cheyenne Ned, age 27, of Ardmore, Oklahoma, was sentenced to 140 months’ imprisonment after pleading guilty to two counts of Robbery in Indian Country, one count of Attempted Robbery in Indian Country, and one count of Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence.

The evidence showed that on or about May 17, 2021, the defendant walked up to three people smoking on the front porch of a home.  The defendant produced a handgun and demanded that they empty their pockets.  Two of the three then turned over items to the defendant.  Not satisfied, the defendant asked if that was all they had, fired the gun into the ground, and said that he could or would take them out.  The defendant fled after someone opened the front door.

The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the offenses because the defendant in this case is a member of a federally-recognized Indian tribe and the crimes occurred in Ardmore, Oklahoma, within the boundaries of the Chickasaw Nation Reservation, and within the Eastern District of Oklahoma.

The case was the result of an investigation by the Ardmore Police Department and the Federal Bureau of Investigation.

The Honorable John F. Heil, III, U.S. District Judge of the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the sentencing hearing. Ned was remanded to the custody of the United States Marshal to await commitment to a United States Bureau of Prisons facility to serve his non-paroleable sentence of incarceration.

Assistant United States Attorney Kevin Gross represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Dustin Kyle Marris, age 34, of Okemah, Oklahoma, was sentenced to 282 months’ imprisonment after being found guilty by a federal jury on November 3, 2021, of Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country; Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence; Possession with Intent to Distribute Methamphetamine; and Felon in Possession of a Firearm. Marris was sentenced to an additional 12 months’ imprisonment for Escape from Custody.

The trial evidence showed that on or about November 9, 2020, a deputy with the Okmulgee County Sheriff’s Office attempted to conduct a traffic stop on the defendant for speeding. The defendant failed to comply and accelerated to speeds over 100 miles per hour. Shortly after the pursuit began, the defendant leaned out the driver’s side door, pointed a handgun at the deputy and fired 3-4 shots. The defendant, a convicted felon, was prohibited from possessing a firearm. Within a few minutes, the defendant crashed his car into a ditch and fled on foot. Law enforcement pursued the defendant but was unable to locate him. The following day, officers located and arrested the defendant. During a search of the defendant, officers found four baggies of methamphetamine weighing 49.38 grams.

On November 13, 2021, only ten days after being convicted of the November 2020 offenses, the defendant and another inmate escaped from federal custody at the Okmulgee County Detention Center in Okmulgee.  They were apprehended the following day.

The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the November 2020 offenses because the defendant in this case is a member of a federally-recognized Indian tribe and the crimes occurred in Okmulgee County, within the boundaries of the Muscogee (Creek) Nation Reservation, and within the Eastern District of Oklahoma.

The case was the result of an investigation by the Okmulgee County Sheriff’s Office and the Federal Bureau of Investigation.

“The lengthy sentence imposed by the Court is fitting punishment,” said United States Attorney Christopher J. Wilson. “Methamphetamine and firearms are a dangerous combination. Thankfully, the Okmulgee County Deputy was not injured or killed during the attempted stop and pursuit. Marris has been a violent criminal the majority of his adult life and obviously has no respect for the law or law enforcement. Protecting the public and our law enforcement partners from dangerous offenders will continue to be a priority for the United States Attorney’s Office.”

“The FBI focuses its investigative resources on offenders who pose the greatest safety risk to the public, especially those like Marris who show a blatant disregard for the law and for human life,” said FBI Oklahoma City Special Agent in Charge Edward J. Gray. “Thanks to our combined efforts with the Okmulgee County Sheriff’s Office and the U.S. Attorney’s Office, another violent criminal has been removed from our community.”

The Honorable Ronald A. White, U.S. District Judge of the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the sentencing hearing. Marris was remanded to the custody of the United States Marshal to await commitment to a United States Bureau of Prisons facility to serve his non-paroleable sentence of incarceration.

Special Assistant United States Attorney Nathaniel Walters, Assistant United States Attorney Kevin Gross, and Department of Justice Criminal Division Organized Crime and Gang Section Trial Attorney Brian Lynch represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Michael Allen Farris, age 50, of Bunch, Oklahoma, was sentenced to 135 months’ imprisonment for being found guilty by jury trial of five counts of Sexual Abuse of a Minor in Indian Country. The jury trial began with testimony on Monday, November 29, 2021, and concluded on Wednesday, December 1, 2021, with the guilty verdicts.

Evidence at trial showed that between June 2019 and August 2019, the defendant sexually assaulted the 13-year-old victim.

The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant in this case is a member of a federally recognized Indian tribe and the crimes occurred in Sequoyah County, within the boundaries of the Cherokee Nation Reservation, and within the Eastern District of Oklahoma.

The case was the result of an investigation by the Sequoyah County Sheriff’s Office, the Oklahoma State Bureau of Investigation, and the Federal Bureau of Investigation.

“The Defendant, a 46-year-old man at the time, used his position of trust to repeatedly molest and abuse his 13-year-old victim.  The sentence imposed will ensure he is held accountable for taking advantage of that trust,” said United States Attorney Christopher J. Wilson.  “No child should ever experience the pain and suffering the Defendant brought upon the victim in this case.”

“The FBI and our law enforcement partners will do everything in our power to protect our most vulnerable citizens and get predators like Farris off the street,” said FBI Oklahoma City Special Agent in Charge Edward J. Gray. “We will continue to combine resources and investigative efforts to ensure the safety of the children in our communities.”

The Honorable Timothy D. DeGiusti, U.S. Chief District Judge of the United States District Court for the Western District of Oklahoma, in Oklahoma City, presided over the sentencing hearing. Farris was remanded to the custody of the United States Marshal to await commitment to a United States Bureau of Prisons facility to serve his non-paroleable sentence of incarceration.

Assistant United States Attorneys Anthony Marek and Morgan Muzljakovich represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Nelson Onaro, age 61, of McAlester, Oklahoma entered a guilty plea to Count Six of a Superseding Information which charged him with six counts of Unlawful Distribution and Dispensing of a Controlled Substance in violation of Title 21 U.S.C §§ 841(a)(1) and 841(b)(1)(C), punishable by up to 20 years of imprisonment, a fine up to $1,000,000 or both.

Dr. Onaro was initially charged by a federal grand jury in September 2020 with twenty-four counts of Unlawful Distribution and Dispensing of Controlled Substances. During the hearing, Onaro admitted to writing a prescription for the controlled substance Adderall for one of his staff members with the understanding that the staff member would fill the prescription and deliver the pills back to Onaro for his personal use.

As part of the plea agreement, Onaro has agreed to surrender his Oklahoma medical license.

The charges arose from a long-term investigation by the Drug Enforcement Administration, the United States Department of Justice Healthcare Fraud Strikeforce, and the Oklahoma Bureau of Narcotics.

The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.  The defendant was released on a personal recognizance bond pending sentencing.

Department of Justice Trial Attorneys Dan Griffin and Christopher Jason, and Assistant United States Attorney Ryan Conway represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Leslie Shannon Mack, age 53, of Hulbert, Oklahoma entered a guilty plea to an Information charging her with Theft or Bribery Concerning Programs Receiving Federal Funds, in violation of Title 18, United States Code, Section 666(a)(1)(A), punishable by up to 10 years of imprisonment, a fine up to $250,000.00, or both.

The Information alleged that between in and around June 2019 through on or about October 26, 2021, in the Eastern District of Oklahoma, the defendant, Leslie Shannon Mack, the former Treasurer of the Hulbert Public School, did embezzle, steal, obtain by fraud, and otherwise without authority knowingly convert to the use of any person other than the rightful owner and intentionally misapply, property valued at $5,000.00 or more, and that was owned by and was under the care, custody, and control of the Hulbert Public School District.

During the plea hearing, the defendant admitted that she issued excess payroll payments to herself, above and beyond her authorized salary, that she issued payments to another individual, above and beyond that individual’s authorized salary, and that she allowed another individual access to the financial accounting system.  The defendant further acknowledged that these actions resulted in a loss to the Hulbert Public School District of more than $550,000, but less than $1,500,00.00.

The charges arose from an investigation by the Oklahoma State Bureau of Investigation and the United States Department of Education – Office of Inspector General.

The Honorable Gerald L. Jackson, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.  The defendant was released on a personal recognizance bond pending sentencing.

Assistant United States Attorney Kara Traster represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Matthew Onesimo Armstrong, age 33, of Seminole, Oklahoma, was sentenced for his role in two separate homicides. Armstrong was sentenced to life in prison for Murder and Kidnapping and 10 years imprisonment for Possession and Distribution of Methamphetamine, to run concurrently, in connection with the murder of Nicole Owl. Armstrong was also sentenced to 10 years imprisonment for Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country and 10 years imprisonment for Use, Carry, and Discharge of a Firearm During and in Relation to a Crime of Violence, to run consecutively, in connection with the murder of Scotty Candler.

The charges arose from investigations by the Seminole Nation Lighthorse Police Department, Seminole County Sheriff’s Office, Oklahoma State Bureau of Investigation, and the Federal Bureau of Investigation.

On October 20, 2021, Matthew Onesimo Armstrong, 33, of Seminole, Oklahoma, pleaded guilty to Murder in Indian Country, Kidnapping, and Possession with Intent to Distribute Methamphetamine for the 2017 murder of Nicole Owl. According to court documents, in 2017, Armstrong was involved in the smuggling of methamphetamine and other contraband for the Indian Brotherhood into various prisons. Sometime during the weekend of April 14-16, 2017, Armstrong had a dispute with Nicole Owl who was staying with Armstrong at his residence. On April 16, Armstrong and another individual took Owl into a wooded area behind Armstrong’s residence and Armstrong tied Nicole Owl to a tree.  Armstrong and the other individual then left Nicole Owl tied to the tree for several hours into the evening. Armstrong, with a rifle, and the other individual then returned to the tree where Nicole Owl was tied.  Armstrong asked the other individual if he wanted to shoot Nicole Owl. The other individual said “No.” Armstrong then shot Nicole Owl twice, killing her.

On October 20, 2021, Armstrong also pleaded guilty to a two count Information charging him with Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country and Use, Carry, and Discharge of a Firearm During and in Relation to a Crime of Violence, for his role in the 2015 murder of Scotty Candler. According to court documents, in May 2015, Armstrong received orders from the Indian Brotherhood to question Scotty Candler about an unrelated homicide. Armstrong and another individual went to Scotty Candler’s residence carrying firearms. Scotty Candler opened the door to his residence and his two dogs ran out. Armstrong fired two shots outside Scotty Candler’s home.  According to Armstrong, the other individual then went inside and shot Scotty Candler, killing him.

The United States Attorney’s Office for the Eastern District of Oklahoma, along with the Criminal Division’s Human Rights and Special Prosecutions Section, prosecuted these cases because the defendant is a member of a federally recognized Indian tribe and the crimes occurred in Seminole County, within the boundaries of the Seminole Nation Reservation and within the Eastern District of Oklahoma.

“Today’s sentencing of Matthew Armstrong to life imprisonment ensures that a violent member of the Indian Brotherhood will be held accountable for his involvement in the deaths of two victims and that he will never step outside the confines of a federal penitentiary to victimize others in the Eastern District of Oklahoma or elsewhere,” said United States Attorney Christopher J. Wilson.

“Matthew Armstrong is a callous and violent criminal who left permanent scars on his community and the families of his victims,“ said FBI Oklahoma City Special Agent in Charge in Edward J. Gray. “Thanks to the partnership and hard work of all law enforcement agencies involved in this investigation, he will spend the rest of his life in prison.”

“OSBI Agents, Analysts, and Criminalists worked tirelessly with our partners at the FBI,U.S. Attorney’s Office, and the Justice Department’s Criminal Division to ensure justice for Ms. Owl,” said OSBI Director Aungela Spurlock. “The investigation and prosecution of Armstrong is an example of law enforcement in Oklahoma, post the Supreme Court McGirt ruling, working together on behalf of victims of violent crime. We look forward to the success of these continued partnerships.”

The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearings. Armstrong will remain in custody pending transportation to a designated United States Bureau of Prisons facility to serve his non-paroleable sentence of incarceration.

Trial Attorneys Rami Badawy and Brian Morgan of the Criminal Division’s Human Right and Special Prosecution Section and Assistant United States Attorney Zack Parsons represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that to Paula Amber Chisholm, age 37, of McAlester, Oklahoma, was found guilty by a federal jury of Child Abuse in Indian Country.

The jury trial began with testimony on Monday, January 9, 2023 and concluded on Thursday, January 12, 2023 with the guilty verdict.

During the trial, the United States presented evidence that on December 3, 2019, a five-year-old child was rushed to the hospital after school officials became concerned about the child's physical state and demeanor at school. During a medical evaluation it was revealed the child had multiple wounds, abrasions, and bruises from head to toe and was extremely malnourished.  Chisholm was the primary caregiver at the time the abuse.  During the subsequent investigation, the child and another witness named the defendant as the person responsible for causing the injuries.

The guilty verdict was the result of an investigation by the McAlester Police Department and the Federal Bureau of Investigation.

The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant is a member of a federally recognized Indian tribe and the crime occurred in Pittsburg County, within the boundaries of the Choctaw Nation Reservation, and within the Eastern District of Oklahoma.

The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Chisholm was remanded to the custody of the United States Marshal pending the imposition of sentencing.

Assistant United States Attorney Morgan Muzljakovich and Assistant United States Attorney Hannah Jones represented the United States.
 

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Earl McAlister, age 55, of Stilwell, Oklahoma, was sentenced to life imprisonment and 5 years of supervised release for Murder in Indian Country – Second Degree. The charges arose from an investigation by the Federal Bureau of Investigation and the Adair County Sheriff’s Office.

The defendant previously entered a guilty plea to an Information filed in August 2022 alleging that on or about November 17, 2019, within the Eastern District of Oklahoma, in Indian Country, the defendant, Earl McAlister, a non-Indian, with malice aforethought, did unlawfully kill Randolph England, an Indian, in violation of Title 18, United States Code, Sections 1111(a), 1151, 1152, and 2. The investigation revealed that McAlister shot England two times. After which, McAlister along with others drove to his “compound,” placed the victim’s body on a burn pile with tires and set him on fire until nothing was left but bone fragments and teeth. McAlister then dumped the victim’s remains down a ravine in a plastic container. Investigators were able to identify the victim by comparing dental records.

The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the victim in this case was a member of a federally recognized Indian tribe and the crime occurred in Adair County, within the boundaries of the Cherokee Nation Reservation and within the Eastern District of Oklahoma.

“The life sentence imposed by the Court is fitting punishment for the defendant’s vicious acts,” said United States Attorney Christopher Wilson. “I am thankful for the cooperative efforts of local, state, and federal law enforcement in working this case. Investigating and prosecuting violent crimes like this one will continue to be a priority for the United States Attorney’s Office.”

“The murder of Randolph England was senseless and horrific, but today’s sentencing ensures the defendant will remain safely away from the public for the rest of his life,” said FBI Oklahoma City Special Agent in Charge Edward J. Gray. “The FBI will continue to work closely with our law enforcement partners to investigate the most serious crimes in Indian Country.”

The Honorable David Cleveland Joseph, U.S. District Judge from the United States District Court for the Western District of Louisiana, temporarily assigned to the Eastern District of Oklahoma, presided over the hearing. McAlister will remain in custody pending transportation to a designated United States Bureau of Prisons facility to serve his non-paroleable sentence of incarceration.

Assistant United States Attorney Cameron McEwen represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Patrick Wayne McHenry, age 29, of Muskogee, Oklahoma, was found guilty by a federal jury of Conspiracy to Commit Kidnapping, Kidnapping, Carjacking, Robbery in Indian Country, and the Carry/Use of a Firearm During and in Relation to a Crime of Violence.

The jury trial began with testimony on Monday, December 19, 2022 and concluded on Wednesday, December 21, 2022 with the guilty verdicts.

During the trial, the United States presented evidence that beginning on or around September 11, 2021, and continuing until September 13, 2021, McHenry kidnapped and assaulted the victim, B.N., in Muskogee, then transported B.N. to Braggs, Oklahoma where he locked B.N. in a shed.  The victim was bound with rope and tape but managed to escape and run to a neighboring house for help.  When law enforcement arrived, they observed the victim had multiple injuries, was still partially bound with rope, and very emotional.  The United States also presented evidence that on September 12, 2021, McHenry robbed and carjacked C.J. at a motel in Muskogee, while possessing a sawed-off shotgun.

The guilty verdicts were the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Muskogee County Sheriff’s Office, and Muskogee Police Department.

The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because one of the victims is a member of a federally recognized Indian tribe, McHenry used a cell phone and the internet to facilitate the kidnapping, and the crimes occurred in Muskogee County, within the boundaries of the Muscogee (Creek) Nation Reservation, and within the Eastern District of Oklahoma.

The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. McHenry was remanded to the custody of the United States Marshal pending the imposition of sentencing.

Assistant United States Attorneys Erin Cornell and Casey Richmond represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Valliant, Oklahoma residents, Joseph Barton Milligan, (a/k/a Jody Milligan), age 52, and Kerensa Chantay Milligan, age 47, were each sentenced to 30 months in the U.S. Bureau of Prisons after they entered guilty pleas to an Information charging them with twenty counts each of Failure to Account and Pay Over Employment Tax.

The Information to which the defendants pled guilty alleged that beginning in January 2015, they collected payroll taxes from the employees of their jointly operated trucking company, Joseph Milligan Trucking, Inc.  The defendants were jointly responsible for filing the employment tax returns and paying over the taxes due to the Internal Revenue Service (“IRS”), including federal income, Medicare, and Social Security taxes.  The defendants willfully chose not to pay the taxes collected from their employees to the IRS for the years 2015 through 2019.  As part of the plea agreement, the defendants admitted the total unpaid amount to the IRS was more than $1.8 million.

The criminal charges arose from an investigation by the IRS-Criminal Investigations after the defendants had previously been assessed a civil penalty by the IRS for failing to pay over more than $346,000 in payroll taxes in 2007 and 2008.

The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the sentencing hearing.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that on Monday, December 5, 2022, Jory L. Bullard, of McCurtain County, Oklahoma entered a guilty plea to a Superseding Indictment charging him with one count of Child Abuse in Indian Country.

The defendant pled guilty to willfully and maliciously injuring an eleven-month-old child on June 18, 2019.

The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the victim is eligible for membership in a federally recognized Indian tribe and the crimes occurred in McCurtain County, within the boundaries of the Choctaw Nation Reservation and the Eastern District of Oklahoma.

The guilty plea was the result of an investigation by the Broken Bow Police Department and the Federal Bureau of Investigation.

The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the defendant’s plea and ordered the completion of a presentence report. Sentencing will be scheduled in front of the Honorable Ronald A. White, U.S. District Court Judge, following completion of the report. Bullard was remanded to the custody of the United States Marshal pending the imposition of sentencing.

Assistant United States Attorneys Morgan Muzljakovich and Sarah McAmis represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Roy Lee Roberts, Jr, age 37, of Krebs, Oklahoma, was found guilty by a federal jury of two counts of Aggravated Sexual Abuse in Indian Country and one count of Sexual Abuse of a Minor in Indian Country.

The jury trial began with testimony on Monday, November 14, 2022, and concluded on Wednesday, November 16, 2022, with the guilty verdicts.

During the trial, the United States presented evidence that the defendant sexually abused two minors in 2017-2018.  One victim was under the age of 12 and the second victim was between the ages of 12 and 16.  Both victims appeared in Court, detailed the abuse they endured, and clearly identified Roberts as their abuser.

The guilty verdicts were the result of an investigation by the Federal Bureau of Investigation and the Pittsburg County Sheriff’s Office.

The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant in this case is a member of a federally recognized Indian tribe and the crimes occurred in Pittsburg County, within the boundaries of the Choctaw Nation Reservation, and within the Eastern District of Oklahoma.

The Honorable David Cleveland Joseph, U.S. District Judge from the United States District Court for the Western District of Louisiana, temporarily assigned to the Eastern District of Oklahoma, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Roberts was remanded to the custody of the United States Marshal pending the imposition of sentencing.

Assistant United States Attorneys Edith A. Singer and Hannah Jones represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Daniel Lewis Moon, age 25, of Muskogee, Oklahoma, was found guilty by a federal jury of Arson.

The jury trial began with testimony on Tuesday, November 8, 2022, and concluded on Wednesday, November 9, 2022, with the guilty verdict.

During the trial, the United States presented evidence that on March 28, 2020, Moon, a disgruntled employee of the Dollar General store in Porter, Oklahoma, maliciously set a fire inside the store. The fire caused extensive damage to the building and its contents. The store’s surveillance video revealed the Defendant was the only person in the area of the store where the fire began. The video also disproved the Defendant’s claim to investigators he was in another part of the store at the time the fire was set.

The guilty verdict was the result of an investigation by the Wagoner Country Sheriff’s Office, the Oklahoma State Fire Marshal’s Office, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the property damaged in this case belonged to a business engaged in activity involving interstate commerce and the crime occurred in Wagoner County, within the Eastern District of Oklahoma.

The Honorable Charles B. Goodwin, U.S. District Judge in the United States District Court for the Western District of Oklahoma, sitting in Oklahoma City, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. 

Assistant United States Attorneys Patrick Flanigan and Kristiana Dietzel represented the United States. 
 

WASHINGTON – The Justice Department announced today that Kendall Morgan, 44, the former undersheriff of the Le Flore County Sheriff’s Department (LCSO) in Le Flore County, Oklahoma, pleaded guilty to a criminal civil rights violation for using unlawful force on an arrestee.

According to court documents, on Jan. 25, 2017, while acting in his official capacity as LCSO’s undersheriff, Morgan willfully assaulted an individual identified as D.P. by repeatedly striking D.P. while D.P. was in handcuffs and not resisting arrest. The assault deprived D.P. of his right to be free from unreasonable force, did not further a legitimate law enforcement purpose, and resulted in bodily injury to D.P.

“This defendant, an experienced law enforcement officer, is being held accountable for unlawfully injuring a handcuffed man who was not resisting arrest and unable to defend himself,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department is committed to prosecuting any officer who violates their position and authority by using excessive force without cause.”

“Every citizen is entitled to be treated fairly and law enforcement officers should be models of this very important principle,” said U.S. Attorney Christopher Wilson for the Eastern District of Oklahoma. “The defendant’s actions in this case were illegal, immoral, and unethical and justice demands he face the consequences for his acts.”

“Mr. Morgan’s actions not only violated the civil rights of his victim, but compromised the public’s trust in the law enforcement system,” said Special Agent in Charge Edward J. Gray of the FBI Oklahoma City Field Office. “The FBI is committed to holding those who abuse their authority accountable and safeguarding the civil liberties of all Americans.”

Morgan faces a maximum sentence of 10 years in prison, three years of supervised release and a fine of up to $250,000. A sentencing hearing has not yet been set.

Assistant Attorney General Clarke, U.S. Attorney Wilson and Special Agent in Charge Gray made the announcement.

The FBI Oklahoma City Field Office investigated the case. Assistant U.S. Attorney Jarrod Leaman for the Eastern District of Oklahoma and Trial Attorney Avner Shapiro of the Civil Rights Division are prosecuting the case.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Lance Keith Maytubby, Sr., age 54, of Calera, Oklahoma, was found guilty by a federal jury of three counts of Aggravated Sexual Abuse in Indian Country and one count of  Abusive Sexual Contact in Indian Country.

The jury trial began with testimony on Tuesday, October 25, 2022, and concluded on Friday, October 28, 2022, with the guilty verdicts.

During the trial, the United States presented evidence that the defendant sexually assaulted two victims who were each under 12 years of age at the time of the crimes.

The guilty verdicts were the result of an investigation by the Calera Police Department and the Federal Bureau of Investigation.

The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant in this case is a member of a federally recognized Indian tribe and the crimes occurred in Bryan County, within the boundaries of the Choctaw Nation Reservation, and within the Eastern District of Oklahoma.

The Honorable Scott L. Palk, U.S. District Judge in the United States District Court for the Western District of Oklahoma, sitting in Oklahoma City, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Maytubby was remanded to the custody of the United States Marshal pending imposition of sentencing.

Assistant United States Attorneys Anthony C. Marek and Nicole Paladino represented the United States.

MUSKOGEE, OKLAHOMA - On Monday, October 17, 2022, law enforcement officials gathered at the Choctaw Nation Headquarters in Durant, Oklahoma, for the 2022 Choctaw Nation of Oklahoma Law Enforcement Summit. The event was co-hosted by the Choctaw Nation and the United States Attorney’s Office for the Eastern District of Oklahoma. The goal of the summit was to provide law enforcement and prosecutors serving within the territorial boundaries of the Choctaw Nation an opportunity to discuss the continuing changes in Indian Country jurisdiction and to focus on continued collaboration between local, state, tribal and federal agencies.

“On behalf of the Choctaw Nation of Oklahoma, thank you to United States Attorney’s Office for the Eastern District of Oklahoma,” said Kara Bacon, Tribal Prosecutor, CNO.  “This summit and other opportunities like this give our local law enforcement community—drawn from tribal, local, state, and federal agencies—an opportunity to dialogue and develop best practices as federal Indian law and policy evolves.”

“My sincere thanks to Choctaw Nation Chief Gary Batton and the Choctaw Nation Department of Public Safety for providing a wonderful venue for the summit,” said United States Attorney Christopher Wilson. “It was great to have representatives from local police departments, sheriff departments, Choctaw Nation Tribal Police, state law enforcement agencies, federal law enforcement agencies, district attorney offices, Choctaw Nation tribal prosecutors, and federal prosecutors in the same room. Together, we utilized this opportunity to strengthen coordination and communication which is critically important to accomplish our common mission of promoting public safety, holding criminals accountable, and obtaining justice for victims.”

The summit featured panelists and presenters from the Bureau of Alcohol, Tobacco, Firearms & Explosives; Bureau of Indian Affairs; Bryan County Sheriff’s Office; Choctaw Nation of Oklahoma; District Attorney Offices (Districts 16, 18, and 19); Federal Bureau of Investigation; Homeland Security Investigations; Idabel Police Department; McAlester Police Department; Oklahoma State Bureau of Investigation; Poteau Police Department; United States Attorney’s Office and U.S. Drug Enforcement Administration. The format included panel discussions addressing topics such as:

• Indian Country Jurisdiction, Concurrent Jurisdiction, & Federal/Tribal/State Authority;
• Law Enforcement Authority in Indian Country;
• Concurrent Jurisdiction following the U.S. Supreme Court’s Oklahoma v. Castro-Huerta decision on June 29, 2022;
• Law Enforcement Authority in Indian Country;
• Law enforcement and prosecutorial responses to crimes within the Choctaw Nation; and
• Savanna’s Act, Ida’s Law and the expansion of Violence Against Women Act Reauthorization Act of 2022;

and presentations on arson, firearms, and illegal narcotics offenses.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Troy Allen Stevenson, age 22, of Sequoyah County, Oklahoma was found guilty by a federal jury of Involuntary Manslaughter in Indian Country for the July 17, 2021, shooting of his father.

The jury trial began with testimony on Tuesday, October 11, 2022, and concluded on Thursday, October 13, 2022, with the guilty verdict.

The guilty verdict was the result of an investigation by the Sequoyah County Sheriff’s Office, the Cherokee Nation Marshal Service, and the Federal Bureau of Investigation.

The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant is a member of a federally-recognized Indian tribe and the crime occurred in Sequoyah County, within the boundaries of the Cherokee Nation Reservation, and within the Eastern District of Oklahoma.

The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report.  Stevenson was remanded to the custody of the United States Marshal pending the imposition of sentencing.

Assistant United States Attorney Kevin Gross and Assistant United States Attorney Derick Blakely represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Pamela Kathryn Conley, age 60, of Catoosa, Oklahoma, was indicted by the federal grand jury on 42 counts of Aiding and Assisting in the Preparation of False Income Tax Returns.

The Federal Indictment alleges that Conley prepared 42 federal income tax returns for 16 individuals that contained false and fraudulent deductions for medical expenses, charitable contributions, casualty theft losses, real property and property taxes, mortgage-interest payments, and job-related expenses.

The charges resulted from an investigation by the Internal Revenue Service – Criminal Investigations.

The named individual has been charged with a federal crime or crimes by the return of an Indictment by the Grand Jury.  A grand jury Indictment does not constitute evidence of guilt.  A grand jury Indictment is a method of bringing formal charges against the defendant.  A defendant is presumed innocent of the charges and may not be found guilty unless evidence establishes guilt beyond a reasonable doubt.  United States Sentencing Guidelines may be considered, upon conviction, by the sentencing court in determining appropriate punishment.  Federal prison sentences are non-paroleable.

Special Assistant United States Attorney Michael Pahl, who is on detail to the Eastern District of Oklahoma from the Department of Justice’s Tax Division, represents the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that David Leroy Earls, age 36, of Tuskahoma, Oklahoma, was sentenced to 140 months imprisonment and 5 years of supervised release for three counts of Sexual Abuse in Indian Country. Each count is ordered to run concurrently. The charges arose from an investigation by the Federal Bureau of Investigation.

The defendant was previously convicted by a federal jury. At the trial, the evidence proved Earls sexually abused the victim, who could not legally consent to sexual activity.

In addition to the 140 months of incarceration within the Bureau of Prisons, Earls must register as a sex offender upon his release from prison, he cannot live with or be alone with a minor without prior approval, he must submit to a sex offender or mental health treatment program as recommended, including polygraphs to make sure he is in compliance, and he must submit to a search of his person, home, or computer.

The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant in this case is a member of a federally recognized Indian tribe and the crimes occurred in Pushmataha County, within the boundaries of the Choctaw Nation Reservation, and within the Eastern District of Oklahoma.

“The defendant exploited and sexually assaulted the victim whom he knew to be mentally and emotionally challenged,” said United States Attorney Christopher J. Wilson. “Earls’ callous acts warrant the punishment imposed by the Court.”

“David Earls’ crimes were predatory and there is no question the sentencing is just,” said FBI Oklahoma City Special Agent in Charge Edward J. Gray. “The FBI will continue to work alongside our law enforcement partners to investigate the most egregious crimes in Indian Country and provide justice for the victims.”

The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Earls will report to a United States Bureau of Prisons facility to serve his non-paroleable sentence of incarceration.

Assistant United States Attorney Sarah McAmis represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Sebron Dejuan Brown, age 36, of Muskogee, Oklahoma, was sentenced to 48 months imprisonment and 3 years of supervised release for one count of Conspiracy to Commit Odometer Tampering, two counts of Odometer Tampering, and one count of Conspiracy to Commit Wire Fraud.

The Second Superseding Indictment alleged that from December 2016 through May 2017, Brown purchased high mileage vehicles and caused the odometers to be rolled back, which artificially and significantly inflated the vehicles’ value.  In many instances, the defendant altered the odometers to display several hundred thousand miles lower than the true readings.  After tampering with the odometers, Brown recruited others to engage in a conspiracy to stage vehicle collisions and submit fraudulent insurance claims.  As a result of these fraudulent insurance claims orchestrated by Brown and his co-conspirators, the investigation revealed insurance carriers substantially overpaid for property damage to the vehicles, along with fabricated personal injury claims.

The charges resulted from an investigation by the Federal Bureau of Investigation (FBI) and National Highway Traffic Safety Administration (NHTSA), with the assistance of the National Insurance Crime Bureau (NICB).  This investigation developed after representatives from multiple insurance companies noticed a pattern of suspicious claims within the Eastern District of Oklahoma.  Through this investigation, federal agents uncovered an extensive and elaborate scheme to commit odometer and insurance fraud.

"The defendant’s scheme endangered the public and defrauded multiple insurance companies,” said United States Attorney Christopher J. Wilson. “I am thankful for the collaborative investigation by the FBI, NHTSA, and NICB. Through their efforts, the mastermind of this criminal conspiracy was identified and brought to justice.”

“Odometer fraud is a crime, plain and simple, so I applaud the court’s decision,” said NHTSA Acting Administrator Ann Carlson. “We continue to work toward keeping everyone safe on the roads, and the investigation and criminal prosecution of large-scale interstate odometer fraud is a part of those efforts. These types of fraud schemes keep older, less-safe, gas-guzzling vehicles on the nation’s highways, and victimize those who need reliable transportation to support their families. This case is an example of our commitment to ensuring justice for the victims and protecting the public.”  The NHTSA estimates that odometer fraud in the United States results in consumer losses of more than $1 billion annually.  Individuals with information relating to odometer tampering should call NHTSA’s odometer fraud hotline at (800) 424-9393 or (202) 366-4761.  More information on odometer fraud is available on the NHTSA website at https://www.nhtsa.gov/equipment/odometer-fraud and tips on detecting and avoiding odometer fraud are available at http://www.nhtsa.gov/staticfiles/nvs/pdf/811284.pdf.

The Honorable David Cleveland Joseph, U.S. District Judge from the United States District Court for the Western District of Louisiana, temporarily assigned to the Eastern District of Oklahoma, presided over the hearing. Brown will report to a United States Bureau of Prisons facility to serve his non-paroleable sentence of incarceration.

Assistant United States Attorneys Michael Cooper and Jarrod Leaman represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Ryan Christopher Dill, age 35, of Ada, Oklahoma, entered guilty pleas to Count One: Aggravated Sexual Abuse in Indian Country and Count Three: Assault Resulting in Serious Bodily Injury in Indian Country of the federal indictment.

The indictment alleged that on or about December 25, 2021, the defendant sexually assaulted a victim using force and by placing the victim in fear she would be subjected to death, serious bodily injury, or kidnapping. The indictment further alleged that the defendant assaulted the victim causing her serious bodily injury.

The charges arose from an investigation by the Ada Police Department and the Federal Bureau of Investigation.

The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant is a member of a federally recognized Indian tribe and the crimes occurred in Pontotoc County, within the boundaries of the Chickasaw Nation Reservation, and within the Eastern District of Oklahoma.

The Honorable Jason A. Robertson, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the pleas and ordered the completion of a presentence investigation report. Sentencing by the United States District Judge will be scheduled following completion of the report. Dill was remanded to the custody of the United States Marshal pending the imposition of sentencing.

Assistant United States Attorneys Anthony C. Marek and Caila M. Cleary represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Shonda Lynette Johnson, age 51, of Fort Towson, Oklahoma was found guilty by a federal jury of Voluntary Manslaughter.

The jury trial began with testimony on Tuesday, September 27, 2022 and concluded on Thursday, September 29, 2022 with the guilty verdict.

During the trial, the United States presented evidence that on November 17, 2019, Shonda Johnson stabbed the victim Jamie Williams with a filet knife causing him to die.  When questioned by law enforcement, the Defendant lied on numerous occasions claiming she was not involved in the death of Mr. Williams.

The guilty verdict was the result of an investigation by the Choctaw County Sheriff's Office, the Oklahoma State Bureau of Investigation, and the Federal Bureau of Investigation.

The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant in this case is a member of a federally recognized Indian tribe and the crime occurred in Choctaw County, within the boundaries of the Choctaw Nation Reservation, and within the Eastern District of Oklahoma.

The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Johnson was remanded to the custody of the United States Marshal pending the imposition of sentencing.

Assistant United States Attorneys Jordan Howanitz and Kevin Cheung represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Dustin Kane Adams, age 42, of Troy, Oklahoma entered a guilty plea to Abusive Sexual Contact in Indian Country, in violation of Title 18, United States Code, Sections 2244(a)(5), 2246(3), 1151 & 1152, punishable by up to twenty-two years of imprisonment.

The Indictment alleged that beginning in March of 2015 and continuing until January of 2018, Dustin Adams, did knowingly engage in and cause sexual contact with a child who had not obtained the age of 12 years.

The charges arose from an investigation by the Johnston County Sheriff’s Department and the Federal Bureau of Investigation.

The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the victim is a member of a federally recognized Indian tribe and the crimes occurred in Johnston County, within the boundaries of the Chickasaw Nation Reservation, and within the Eastern District of Oklahoma.

The Honorable John F. Heil, III, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.

Special Assistant United States Attorneys Alan Metzger and Debra Barnett represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Nathan Dale Smith, age 32, of Pontotoc County, Oklahoma was found guilty by a federal jury of one count of Sexual Abuse of a Minor in Indian Country and one count of Abusive Sexual Contact in Indian Country. The jury trial began on Tuesday, September 6, 2022, and concluded on Wednesday, September 7, 2022.

During the trial, the United States presented evidence that Nathan Dale Smith sexually abused a female child under the age of 16 over the course of two years. Once the abuse was disclosed, the Defendant sent an incriminating text message to the victim’s mother apologizing for his actions.

The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the Defendant is a member of a federally recognized Indian tribe and the crimes occurred in Pontotoc County, within the boundaries of the Chickasaw Nation Reservation and the Eastern District of Oklahoma.

The guilty verdicts were the result of an investigation by the Ada Police Department and the Federal Bureau of Investigation.

The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Smith was remanded to the custody of the United States Marshal pending the imposition of sentencing.

Assistant United States Attorneys Morgan Muzljakovich and Nicole Paladino represented the United States.

MUSKOGEE, OKLAHOMA - OKLAHOMA CITY – On Tuesday, September 6, 2022, law enforcement officials gathered in Sulphur, Oklahoma, for the 2022 Chickasaw Nation Public Safety Summit.  The Chickasaw Nation and United States Attorney’s Offices for the Western and Eastern Districts of Oklahoma co-hosted the event.  The Summit envisioned to embrace collaboration on jurisdictional changes in Indian Country, and to answer questions and discuss procedures following recent court rulings that have impacted Indian Country in Oklahoma.

“This Public Safety Summit served as an opportunity to reflect on what has been achieved and engage in a dialogue on how we can work together to accomplish even more,” said Chickasaw Nation Governor Bill Anoatubby. “While changing circumstances may affect the manner in which we carry out our criminal justice duties, our shared commitment to the pursuit of justice remains unchanged.  Working relationships among Tribal, State, and Federal law enforcement agencies and the working relationships of those agencies with Tribal, State, and Federal courts are built on that shared commitment. Through collaboration and cooperation, we are stronger, more equipped, and better able to plan and respond to the needs of our citizens.”

"The changing landscape of criminal jurisdiction in Oklahoma has posed some challenges for law enforcement,” said United States Attorney Christopher Wilson for the Eastern District of Oklahoma. “This summit provided an excellent opportunity for local, state, tribal, and federal law enforcement agencies and prosecutors working within the Chickasaw Nation to meet together and focus on ways to ensure we are accomplishing our common mission to protect and serve.”

“We came together with the common resolve and commitment to protect public safety in the Chickasaw Nation, hold offenders accountable, and secure justice for victims of crime,” said U.S. Attorney Robert Troester for the Western District of Oklahoma.  “This discussion of important jurisdictional issues and addressing questions and issues raised by one another greatly enhanced the coordination, cooperation, and communication that is critically necessary between federal, state, local, and tribal officials going forward.”

The Summit included nearly 90 participants from the Chickasaw Nation, federal prosecutors, federal law enforcement, state law enforcement, tribal law enforcement, District Attorney’s Offices, Sheriffs’ Offices, and Police Departments operating within the Chickasaw Nation. The format included various panel discussions to address topics such as the following:

• Indian Country jurisdiction following the Oklahoma Court of Criminal Appeals decision in Bosse v. Oklahoma on October 7, 2011, which applied the U.S. Supreme Court McGirt v. Oklahoma decision to the Chickasaw Nation.
• Concurrent Jurisdiction following the U.S. Supreme Court’s Oklahoma v. Castro-Huerta decision on June 29, 2022.
• Law Enforcement Authority in Indian Country.
• Law enforcement and prosecutorial responses to crimes within the Chickasaw Nation.
• Updates in federal law and related programs.
• Public Safety services provided by the Chickasaw Nation.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Kevin Ray Ward, age 37, and Anthony Juan Armenta, age 32, both of McCurtain County, were found guilty by a federal jury of one count of Assault Resulting in Serious Bodily Injury in Indian Country, two counts of Assault with a Dangerous Weapon with Intent to Do Bodily Harm in Indian Country, and one count of Use, Carry and Brandish of a Firearm during and in Relation to a Crime of Violence.

The jury trial began with testimony on Tuesday, August 16, 2022, and concluded on Friday, August 19, 2022, with the guilty verdicts.

During the trial, the United States presented evidence that on May 24, 2020, three young men, 17, 19, and 24, returned from fishing on the Mountain Fork River in McCurtain County, when they were confronted by the Defendants.  During the confrontation, the Defendants shot at all three of the victims, hitting one twice in the abdomen.  The Defendants also beat one of the victims with a pipe, a tire tool, and a pistol.

The guilty verdicts were the result of an investigation by the Idabel Police Department, McCurtain County Sheriff’s Office, and the Federal Bureau of Investigation.

The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendants in this case are members of a federally recognized Indian tribe and the crimes occurred in McCurtain County, within the boundaries of the Choctaw Nation Reservation, and within the Eastern District of Oklahoma.

The Honorable Patrick R. Wyrick, U.S. District Judge in the United States District Court for the Western District of Oklahoma, sitting in Oklahoma City, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Ward and Armenta were remanded to the custody of the United States Marshal pending the imposition of sentencing.

Assistant United States Attorneys Benjamin D. Traster and Nicole Paladino represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that George McEntire Smith, age 22, of Wagoner, Oklahoma was found guilty by a federal jury of one count of Murder in the First Degree in Indian Country and one count of Causing the Death of a Person by Use of a Firearm During and in Relation to a Crime of Violence.

The jury trial began with testimony on Monday, August 1, 2022, and concluded on Friday, August 5, 2022, with the guilty verdicts. Based on the verdicts, the defendant is facing a mandatory minimum sentence of life imprisonment.

During the trial, the United States presented evidence that on April 8, 2021, a 69-year-old male was shot and killed inside his residence in Wagoner. The physical evidence indicated that the victim was shot twice in the back of the head, at a relatively close distance, with a .25-caliber firearm. The Defendant told responding officers that he was with the victim when unknown intruders entered the residence, shot the victim, then fled. Subsequent investigation revealed that the Defendant was in possession of a .25-caliber firearm several hours before the victim was killed and that Defendant’s account of how the killing occurred was inconsistent with the physical evidence at the scene.

The guilty verdicts were the result of an investigation by the Wagoner Police Department, the Muscogee (Creek) Nation Lighthorse Police, the Oklahoma State Bureau of Investigation, and the Federal Bureau of Investigation.

The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the Defendant in this case is a member of a federally recognized Indian tribe and the crimes occurred within the boundaries of the Muscogee (Creek) Nation Reservation.

The Honorable Timothy D. DeGiusti, U.S. Chief District Judge of the United States District Court for the Western District of Oklahoma, in Oklahoma City, presided over the trial and ordered the completion of a presentence report. The sentencing will be scheduled following completion of the report and the Defendant will remain in custody of the United States Marshal until then.

Assistant United States Attorneys James Montoya and Casey Richmond represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Aaron Richard Eubanks, age 32, of Tahlequah, Oklahoma, was found guilty by a federal jury of five counts of Aggravated Sexual Abuse in Indian Country.

The jury trial began with testimony on Tuesday, August 2, 2022, and concluded on Friday, August 5, 2022, with the guilty verdicts.

During the trial, the United States presented evidence that between January of 2020 and February of 2021, Aaron Richard Eubanks engaged in sexual acts with a minor victim, who had not reached 10 years of age, on at least five occasions. Further, the United States presented evidence that in February of 2021, Aaron Richard Eubanks engaged in sexual acts with a second minor victim, who had not reached the age of 11 at the time of the abuse.

The guilty verdicts were the result of an investigation by the Cherokee County Sheriff’s Office and the Federal Bureau of Investigation.

The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant in this case is a member of a federally recognized Indian tribe and the crimes occurred in Adair and Cherokee Counties, within the boundaries of the Cherokee Nation Reservation, and within the Eastern District of Oklahoma.

The Honorable Charles B. Goodwin, U.S. District Judge in the United States District Court for the Western District of Oklahoma, sitting in Oklahoma City, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Eubanks was remanded to the custody of the United States Marshal pending the imposition of sentencing.

Assistant United States Attorneys Caila M. Cleary and Anthony C. Marek represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Stetson Bruce, age 33, of Antlers, Oklahoma, was found guilty by a Federal jury of two counts of Aggravated Sexual Abuse in Indian Country.

The jury trial began with testimony on Tuesday, July 19, 2022, and concluded on Thursday, July 21, 2022, with the guilty verdicts.

During the trial, the United States presented evidence that on more than one occasion during the time period of May 1, 2018, to May 31, 2020, the defendant sexually abused a five-year-old child. The evidence further revealed that on at least one occasion, another child witnessed the abuse.

The guilty verdicts were the result of an investigation by the Pushmataha County Sheriff’s Office, the Choctaw Nation Tribal Police, and the Federal Bureau of Investigation.

The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant is a member of a federally recognized Indian tribe and the crimes occurred in Pushmataha County, within the boundaries of the Choctaw Nation Reservation, and within the Eastern District of Oklahoma.

The Honorable Bernard M. Jones, II, U.S. District Judge in the United States District Court for the Western District of Oklahoma, sitting in Oklahoma City, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Bruce was remanded to the custody of the United States Marshal pending the imposition of sentencing.

Assistant United States Attorneys Anthony C. Marek and Hannah Jones represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Anthony Brian Walker, age 40, of Ada, Oklahoma was found guilty by a federal jury of one count of Murder in Indian Country, in violation of Title 18, United States Code, Sections 1111(a), 1151, and 1153.  The jury trial began on Monday, July 18, 2022 and concluded on Wednesday, July 20.  Based on the jury’s verdict, the Defendant is facing a mandatory minimum sentence of life imprisonment.

During the trial, the United States presented evidence that on November 21, 2021, the Defendant intentionally killed Jason “Bubba” Edward Hubbard, Jr. by stabbing him in the heart while Mr. Hubbard was sitting in a vehicle in the drive-thru of the Karry Out Korner in Ada, Oklahoma.

The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the Defendant is a member of a federally-recognized Indian tribe and the crime occurred in Pontotoc County, within the boundaries of the Chickasaw Nation and the Eastern District of Oklahoma.

The guilty verdict was the result of an investigation by the Federal Bureau of Investigation and the Chickasaw Nation Lighthorse Police Department.

The Honorable Ronald A. White, U.S. District Judge for the United States District Court for the Eastern District of Oklahoma, sitting in Muskogee, Oklahoma, presided over the trial and ordered the completion of a presentence report.  Sentencing will be scheduled following the completion of the report. Walker was remanded to the custody of the United States Marshal pending the sentencing hearing.

Assistant United States Attorney Cameron McEwen and Special Assistant United States Attorney Erin McKenzie represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Jacob Lance Pritchett, age 32, of Cherokee County, Oklahoma was found guilty by a federal jury of Aggravated Sexual Abuse and Abusive Sexual Contact in Indian Country. The jury trial began on Tuesday, July 5, 2022, and concluded on Friday, July 8.

During the trial, the United States presented evidence that the Defendant sexually abused a child on multiple occasions when the victim was six to nine years of age. The United States also presented evidence that on one occasion the Defendant sexually abused a second victim when the child was in the fifth grade.

The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the Defendant is a member of a federally-recognized Indian tribe and the crimes occurred in Cherokee County, within the boundaries of the Cherokee Nation Reservation and the Eastern District of Oklahoma.

The guilty verdicts were the result of an investigation by the Cherokee Nation Marshal Service and the Federal Bureau of Investigation.

The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Pritchett was remanded to the custody of the United States Marshal pending the imposition of sentencing.

Assistant United States Attorneys Morgan Muzljakovich and Nicole Paladino represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that William Clayton Brown, age 39, of McIntosh County, Oklahoma was found guilty by a federal jury of Murder in Indian Country, in violation of Title 18, United States Code, Sections 1111(a), 1151, and 1153. The jury trial began on Tuesday, July 5, 2022, and concluded on Thursday, July 7. Based on the jury’s verdict, the Defendant is facing a mandatory minimum sentence of life imprisonment.

During the trial, the United States presented evidence that on October 19, 2019, the Defendant, a validated member of the Indian Brotherhood (IBH) prison gang, killed Mark Lawhead, his cellmate at the Oklahoma State Penitentiary in McAlester, by beating and strangling him. The evidence adduced at trial indicated that the Defendant committed the murder to improve his standing and reputation within the IBH.

The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the Defendant is a member of a federally-recognized Indian tribe and the crime occurred in Pittsburg County, within the boundaries of the Choctaw Nation and the Eastern District of Oklahoma.

The guilty verdict was the result of an investigation by the Oklahoma Department of Corrections Office of Inspector General and the Federal Bureau of Investigation.

The Honorable Jodi W. Dishman, U.S. District Judge for the United States District Court for the Western District of Oklahoma, sitting in Oklahoma City, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following the completion of the report. Brown was remanded to the custody of the United States Marshal pending the sentencing hearing.

Assistant United States Attorneys James Montoya and Casey Richmond represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Tyler Jay Mullins, age 44, of Ada, Oklahoma, was found guilty by a federal jury of Murder in Indian Country, in violation of Title 18, United States Code, Sections 1111(a), 1151, and 1153, and Causing the Death and Murder of a Person in the Course of a Violation of Title 18 U.S.C. § 924(c), in violation of Title 18, United States Code, Section 924(j)(1).

The jury trial began with testimony on Monday, June 27, 2022, and concluded on Thursday, June 30, 2022, with the guilty verdict.

During the trial, the United States presented evidence that in the early morning hours of April 20, 2002, the defendant severely beat his ex-girlfriend, Rachel Woodall. The defendant wrapped her in a tarp, put her into the trunk of his car, and drove her to a gravel/sand pit in rural Seminole County. The defendant placed the tarp-wrapped victim into a hole, shot her three times, and buried the body in the hole. The Medical Examiner determined Woodall died from the gun shots. After initially denying responsibility for Woodall’s death, on April 21, 2002, the defendant took law enforcement to where her body was located. A search of the scene also revealed 9mm shell casings in close proximity to the victim’s body.

The guilty verdict was the result of an investigation by the Oklahoma State Bureau of Investigation and the Federal Bureau of Investigation.

The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant in this case is a member of a federally recognized Indian tribe and the crime occurred in Seminole County, within the boundaries of the Seminole Nation Reservation, and within the Eastern District of Oklahoma.

The Honorable Charles B. Goodwin, U.S. District Judge in the United States District Court for the Western District of Oklahoma, sitting in Oklahoma City, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Mullins was remanded to the custody of the United States Marshal pending the imposition of sentencing.

Assistant United States Attorneys Patrick Flanigan and Dean Burris represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Joshua Thomas Smith, age 41, of Vian, Oklahoma, was found guilty by a Federal jury of Aggravated Sexual Abuse of a Child in Indian Country.

The jury trial began with testimony on Monday, June 27, 2022, and concluded on Wednesday, June 29, 2022, with the guilty verdict.

During the trial, the United States presented evidence that Joshua Thomas Smith sexually abused a child under the age of twelve from December of 2017 through March of 2018.

The guilty verdict was the result of an investigation by the Sequoyah County Sheriff’s Office and the Federal Bureau of Investigation.

The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant is a member of a federally recognized Indian tribe and the crime occurred in Sequoyah County, within the boundaries of the Cherokee Nation Reservation, and within the Eastern District of Oklahoma.

The Honorable Bernard M. Jones, II, U.S. District Judge in the United States District Court for the Western District of Oklahoma, sitting in Oklahoma City, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Smith was remanded to the custody of the United States Marshal pending the imposition of sentencing.

Assistant United States Attorneys Edith Singer and Hannah Jones represented the United States.

This morning the United States Supreme Court issued its decision in Oklahoma v. Castro-Huerta. This decision holds that the State of Oklahoma has concurrent jurisdiction with the federal government to prosecute non-Indians who commit crimes against Indian victims within Indian Country.

“Today’s decision does not diminish the United States’ trust responsibility to our tribal partners,” said United States Attorneys Christopher J. Wilson, Clinton J. Johnson, and Robert J. Troester. “The United States Attorney’s Offices in the Eastern, Northern, and Western Districts of Oklahoma will continue to enforce federal law in Indian Country. We will also continue to coordinate and cooperate with our state, local, and tribal law enforcement partners as well as state and tribal prosecutors to promote public safety and provide justice to all Oklahomans in Indian Country.”

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Stewart Wayne Coffman, age 59, of Idabel, Oklahoma, was found guilty by a federal jury of Second-Degree Murder in Indian Country and Assault with a Dangerous Weapon with Intent to Do Bodily Harm in Indian Country.

The jury trial began with testimony on Tuesday, June 14, 2022, and concluded on Thursday, June 16, 2022, with the guilty verdicts.

During the trial, the United States presented evidence that on October 5, 2017, Stewart Wayne Coffman murdered Joe Freeman Battiest Jr. with a metal pipe, at Coffman’s residence in Idabel, Oklahoma.

The guilty verdicts were the result of an investigation by the Idabel Police Department, the Oklahoma State Bureau of Investigation, and the Federal Bureau of Investigation.

Coffman was originally charged in October 2017 and convicted in October 2018 of First Degree Manslaughter in the District Court of McCurtain County, Oklahoma. Pursuant to the United States Supreme Court ruling in McGirt v. Oklahoma, the state conviction was reversed for lack of jurisdiction because the victim, Joe Freeman Battiest, Jr., was a member of a federally recognized Indian tribe and the crime occurred within the boundaries of the Choctaw Nation Reservation. Consequently, the defendant was charged and prosecuted in the United States District Court for the Eastern District of Oklahoma.

The Honorable Eric F. Melgren, U.S. District Judge in the United States District Court for the District of Kansas, sitting in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Coffman was remanded to the custody of the United States Marshal pending the imposition of sentencing.

Assistant United States Attorneys William Cosner and Erin Cornell represented the United States.