FEDERAL DISTRICT ARCHIVE
Eastern District of Oklahoma
Press releases recorded for this federal judicial district.
Federal Jury Convicts Ardmore Resident of Involuntary Manslaughter in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Jonathan Ray Higginbotham, Jr, age 22, of Ardmore, Oklahoma was found guilty by a federal jury of Involuntary Manslaughter in Indian Country.
The jury trial began with testimony on Tuesday, May 17, 2022, and concluded on Thursday, May 19, 2022, with the guilty verdict.The evidence presented at trial proved that on January 19, 2021, the defendant fired a 9mm Hi-Point carbine killing George Powell in a private residence in the City of Ardmore.
The guilty verdict was the result of an investigation by the Federal Bureau of Investigation and the Ardmore Police Department.
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 Carter County, within the boundaries of the Chickasaw 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 in Oklahoma City, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Higginbotham was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorneys Patrick Flanigan and Casey Richmond represented the United States.
Federal Jury Convicts Illegal Alien of Sexual Abuse and Firearms OffensesRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Edgar Rene Garcia-Limon, age 34, was found guilty by a federal jury of Aggravated Sexual Abuse in Indian Country, Abusive Sexual Contact in Indian Country, Felon in Possession of Firearm, and Illegal Reentry of Previously Removed Alien.
The jury trial began with testimony on Tuesday, May 17, 2022, and concluded on Wednesday, May 18, 2022, with the guilty verdicts.
During the trial, the United States presented evidence the defendant sexually abused a female child. The sexual abuse began when the victim was four years old and continued until age 11. The United States also presented evidence the defendant is a felon and was in possession of two firearms. Finally, the United States presented evidence the Defendant, who is an alien from Mexico, illegally returned to the United States after having been previously removed from the United States.
The guilty verdicts were the result of an investigation by the Tulsa Police Department, Muscogee (Creek) Nation Lighthorse Police, Homeland Security Investigations & Immigration and Customs Enforcement, 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 Okmulgee County, within the boundaries of the Muscogee (Creek) Nation Reservation, and within the Eastern District of Oklahoma.
The Honorable Robert C. Brack, United States District Judge out of the United States District Court for the District of New Mexico, 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 the completion of the report. Garcia-Limon was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorneys Benjamin D. Traster and Julie Mazur represented the United States.
Patrick Dwayne Murphy Sentenced to Life Imprisonment for 1999 Murder in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Patrick Dwayne Murphy, age 53, of Vernon, Oklahoma was sentenced to life imprisonment after being found guilty by a federal jury of Murder – Second Degree in Indian Country, Murder in Indian Country in Perpetration of Kidnapping, and Kidnapping Resulting in Death. The life sentences on each count were ordered to run concurrently.
Murphy was originally tried and convicted in 2000 in the District Court of McIntosh County, Oklahoma. Murphy challenged his murder conviction arguing that the State of Oklahoma did not have jurisdiction to prosecute him because he is a member of a federally recognized Indian tribe and Congress had never disestablished the Muscogee (Creek) reservation. The United States Court of Appeals for the Tenth Circuit agreed and vacated Murphy’s conviction. The State of Oklahoma appealed the decision to the United States Supreme Court. While the United States Supreme Court was considering Oklahoma’s appeal, the Court handed down its ruling in McGirt v. Oklahoma which affirmed the Tenth Circuit’s ruling regarding Murphy.
As a result, Murphy was charged in federal court and convicted by a federal jury in August 2021. During the trial, the United States presented evidence that two days before the murder the defendant stated he would kill George Jacobs. On August 28, 1999, the defendant found George Jacobs and Jacobs’ friend, M.S., driving on a road in rural McIntosh County. The defendant chased after M.S. and George Jacobs in his vehicle and ultimately forced M.S. and George Jacobs to stop. The defendant, along with two others, attacked George Jacobs. After beating and kicking him, the defendant cut Jacob’s throat with a knife and cut off his penis and testicles. The next day, deputies of the McIntosh County Sheriff’s Department and agents with the Oklahoma State Bureau of Investigation apprehended and arrested the defendant.
“After more than twenty years, justice has been restored to the George Jacobs family,” said United States Attorney Christopher J. Wilson. “Although the life sentences imposed by the Court will not take away the family’s pain and sorrow, they can take solace knowing the defendant will be held accountable for the heinous crimes he committed. I am grateful for the tireless work of the Oklahoma State Bureau of Investigation, the Federal Bureau of Investigation, and our team at the U.S. Attorney’s Office in reinvestigating and successfully prosecuting the defendant decades after his vicious acts.”
"The nature and circumstances of the defendant's brutal killing of George Jacobs are beyond description, and inescapable in the eyes of justice," said Special Agent in Charge Edward Gray of the FBI Oklahoma City Field Office. "For his crimes, Patrick Murphy will now spend the rest of his life behind the bars of a federal prison cell. It’s our sincerest hope that this sentencing, through the perseverance of those who worked this case, brings justice and closure to George’s family.”
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. Murphy 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 Jarrod Leaman and Robert Reeves prosecuted the case on behalf of the United States.
Federal Jury Convicts Muskogee County Resident of Sexually Abusing A Child Under Twelve in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Bradley Wayne Morris, age 36, of Muskogee, Oklahoma was found guilty by a federal jury of two counts of Aggravated Sexual Abuse in Indian Country and two counts of Abusive Sexual Contact of a Child in Indian Country.
The jury trial began with testimony on Monday, May 2, 2022, and concluded on Thursday, May 5, 2022, with the guilty verdicts. Based on the verdicts, the defendant is facing a mandatory minimum sentence of 30 years up to life imprisonment.
During the trial, the United States presented evidence that between January 2018 and February 2020, the defendant sexually abused a child under the age of 12.
The guilty verdicts were the result of an investigation by the Muskogee 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 victim in this case is a member of a federally recognized Indian tribe 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 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. Morris was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorneys James Montoya and Hannah Jones represented the United States.
Federal Jury Convicts Broken Arrow Resident of Voluntary Manslaughter in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Martha Christine Simpson, age 45, of Broken Arrow, Oklahoma was found guilty by a federal jury of Voluntary Manslaughter in Indian Country.
The jury trial began with testimony on Monday, May 2, 2022, and concluded on Wednesday, May 4, 2022, with the guilty verdict.
During the trial, the United States presented evidence that during the early morning hours of July 15, 2019, Jabaica Tecumseh and Tommy Tecumseh came to Martha Simpson’s Broken Arrow home. Jabaica Tecumseh and Tommy Tecumseh beat and kicked Martha Simpson’s boyfriend, Trevor Richardson. Martha Simpson then stabbed Richardson with a knife.
Richardson’s body was wrapped in a blanket and loaded in the trunk of his own vehicle. Jabaica Tecumseh drove the vehicle from the crime scene and later burned the body at a remote location in Okmulgee County. After the killing, Simpson cleaned up the crime scene.
The guilty verdict was the result of an investigation by the Broken Arrow 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 crime occurred in Wagoner 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. Simpson was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorney William Cosner and Assistant United States Attorney Michael Mazur represented the United States.
Federal Jury Convicts Pontotoc County Resident of Involuntary Manslaughter in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Lloyd Ray Hatley, age 67, of Ada, Oklahoma was found guilty by a federal jury of Involuntary Manslaughter in Indian Country.
The jury trial began with testimony on Tuesday, April 26, 2022, and concluded on Friday, April 29, 2022, with the guilty verdict.
During the trial, the United States presented evidence that, on February 22, 2017, Lloyd Ray Hatley was driving a pickup truck on State Highway One in Pontotoc County. Travelling at a high rate of speed, and failing to devote his full time and attention to driving, he crashed directly into the rear of a Pontiac Grand Am driven by Gay Ott and occupied by passengers Mary Nappa and Stephen Ott. The collision killed Mary Nappa and caused great bodily injury to Gay Ott, who passed away in 2020.
The guilty verdict was the result of an investigation by the Oklahoma Highway Patrol 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 Pontotoc County, within the boundaries of the Chickasaw 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 in Oklahoma City, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Hatley was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorney Kevin Gross and Special Assistant United States Attorney Lauren Ibanez represented the United States.
Federal Jury Convicts Broken Arrow Resident of Offenses Relating to the Exploitation of A MinorRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Heather Nicole Bycroft, age 37, of Broken Arrow, Oklahoma was found guilty by a federal jury of one count 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 with testimony on Monday, April 25, 2022, and concluded on Tuesday, April 26, 2022, with the guilty verdicts. Based on the verdicts, the defendant is facing up to thirty years of imprisonment.
During the trial, the United States presented evidence that on July 4th, 2015, Heather Nicole Bycroft, together with her husband, Jason Cory Bycroft, created visual depictions of sexually explicit conduct involving a six year old girl. At the time of her arrest in 2021, Heather Bycroft was working as a first grade teacher at Bixby Public Schools.
The guilty verdicts were the result of an investigation by the Broken Arrow Police Department and the Federal Bureau of Investigation.
The Honorable Timothy D. DeGiusti, U.S. District Judge in the United States District Court for the Western District of Oklahoma, in Muskogee, presided over the trial and ordered the completion of a presentence report. The sentencing will be scheduled following completion of the report. Heather Bycroft was remanded to the custody of the United States Marshal pending the imposition of sentencings.
Prior to Heather Bycroft’s trial, her codefendant, Jason Cory Bycroft entered a guilty plea to two counts of Sexual Exploitation of a Child and two counts of Possession of Certain Material involving the Sexual Exploitation of a Minor. His sentencing will be scheduled following the completion of a presentence report.
Assistant United States Attorney Morgan Muzljakovich and Assistant United States Attorney Hannah Jones represented the United States.
District Court Appoints Christopher J. Wilson as United States Attorney for the Eastern District of OklahomaRead the Press Release
MUSKOGEE, OKLAHOMA - Christopher J. Wilson has been appointed by the United States District Court as United States Attorney for the Eastern District of Oklahoma. Chief Judge Ronald A. White administered the oath to Wilson who will serve until a presidentially appointed Senate confirmed U.S Attorney is named.
“I am honored and grateful to the District Court judges for allowing me to continue serving as United States Attorney for the Eastern District of Oklahoma,” said Wilson. “I am blessed to lead a talented and dedicated team at the U.S. Attorney’s Office, and it remains our goal to work closely with our law enforcement partners to protect the people of the Eastern District and hold federal offenders accountable.”
Wilson became Acting United States Attorney for the Eastern District on March 1, 2021. Attorney General Merrick Garland then appointed Wilson on December 26, 2021, to be the Interim U.S. Attorney for a period of 120 days. Prior to his designation as Acting U.S. Attorney, Wilson was the First Assistant United States Attorney and previously served as Chief of the Criminal Division.
Wilson has been an Assistant United States Attorney for the Eastern District of Oklahoma since April 2006. As a federal prosecutor, he handled a wide variety of criminal matters including terrorism, violent crime, firearms, white collar, public corruption, narcotics, and child exploitation. Wilson served as the Eastern District’s Anti-Terrorism Advisory Council Coordinator (ATAC), National Security Cyber Specialist (NSCS), Computer Hacking and Intellectual Property Coordinator (CHIP), Project Safe Childhood Coordinator (PSC), Elder Justice Coordinator (EJC), District Security Manager (DOSM), and Crisis Management Coordinator (CMC). In 2018, Wilson received the Executive Office of United States Attorneys Director’s Award for Superior Performance in Indian Country.
Wilson, a life-long resident of Oklahoma, received his Bachelor of Science degree from Oklahoma Christian College in 1986, graduating summa cum laude, and his Juris Doctor with Distinction degree from the University of Oklahoma College of Law in 1989. Wilson’s career as a criminal prosecutor began in 1991 as an Assistant District Attorney in Pittsburg County, Oklahoma. He served as the First Assistant for Oklahoma’s 18th Prosecutorial District (Pittsburg and Haskell counties) for two District Attorneys and was the elected District Attorney for District 18 from January 2003 to April 2006.
Individual Sentenced on Kidnapping and Weapons Charges Connected to Murder in Indian CountryRead the Press Release
A member of the Seminole Nation of Oklahoma was sentenced today to more than 12 years in prison for his conduct in connection with a homicide that took place in 2017 within Indian Country in Oklahoma. The defendant was sentenced to 155 months for kidnapping and 120 months for being a felon in possession of a firearm, to run concurrently, followed by five years’ supervised release.
According to court documents, Nicholas Earl Faulkner, 32, of Holdenville, Oklahoma, pleaded guilty to kidnapping and being a felon in possession of a firearm in May 2019. According to his plea, in April 2017, Faulkner was living with co-defendant Matthew Armstrong, who was involved in smuggling contraband into various prisons and jails for the Indian Brotherhood (IBH), a prison-based Indian gang active in Oklahoma.
According to court documents, on April 16, 2017, at Armstrong’s residence, Armstrong had a dispute over drugs with the victim, who was also staying at the home. Armstrong and Faulkner took the victim into the woods behind the residence where Armstrong tied her to a tree. Faulkner brought Armstrong the binding materials, at Armstrong’s direction. Faulkner and Armstrong left the victim tied to the tree for several hours and then returned with a rifle. Armstrong shot the victim twice killing her. Faulkner then took the gun and left the area at the direction of Armstrong.
Armstrong pleaded guilty in October 2021 to murder in Indian country, kidnapping and possession with intent to distribute methamphetamine. He will be sentenced at a later date and faces a maximum penalty of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney Christopher J. Wilson of the Eastern District of Oklahoma, and Special Agent in Charge Edward Gray of the FBI’s Oklahoma City Field Office made the announcement.
The FBI 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.
Holdenville Resident Sentenced on Kidnapping and Weapons Charges Connected to Murder in Indian CountryRead the Press Release
WASHINGTON – A member of the Seminole Nation of Oklahoma was sentenced today to more than 12 years in prison for his conduct in connection with a homicide that took place in 2017 within Indian Country in Oklahoma. The defendant was sentenced to 155 months for kidnapping and 120 months for being a felon in possession of a firearm, to run concurrently, followed by five years’ supervised release.
According to court documents, Nicholas Earl Faulkner, 32, of Holdenville, Oklahoma, pleaded guilty to kidnapping and being a felon in possession of a firearm in May 2019. According to his plea, in April 2017, Faulkner was living with co-defendant Matthew Armstrong, who was involved in smuggling contraband into various prisons and jails for the Indian Brotherhood (IBH), a prison-based Indian gang active in Oklahoma.
According to court documents, on April 16, 2017, at Armstrong’s residence, Armstrong had a dispute over drugs with the victim, who was also staying at the home. Armstrong and Faulkner took the victim into the woods behind the residence where Armstrong tied her to a tree. Faulkner brought Armstrong the binding materials, at Armstrong’s direction. Faulkner and Armstrong left the victim tied to the tree for several hours and then returned with a rifle. Armstrong shot the victim twice killing her. Faulkner then took the gun and left the area at the direction of Armstrong. Faulkner and Armstrong later purchased concrete mix, returned to the murder scene, untied the victim’s body, dug a shallow grave, placed the body in the grave, and covered it with concrete and soil.
Armstrong pleaded guilty in October 2021 to murder in Indian country, kidnapping and possession with intent to distribute methamphetamine. He will be sentenced at a later date and faces a maximum penalty of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite, Jr., of the Justice Department’s Criminal Division, U.S. 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 FBI 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 Zack Parsons of the Eastern District of Oklahoma prosecuted the case.
Federal Jury Convicts Sallisaw Resident of Offenses Relating to the Aggravated Sexual Abuse of A Minor in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Jerry Dewayne Rogers, age 59, of Sallisaw, Oklahoma was found guilty by a federal jury of one count of Aggravated Sexual Abuse in Indian Country, three counts of Abusive Sexual Contact in Indian County, and one count of Sexual Abuse of a Minor in Indian Country.
The jury trial began with testimony on Monday, April 18, 2022, and concluded on Wednesday, April 20, 2022, with the guilty verdicts. Based on the verdicts, the defendant is facing a mandatory minimum sentence of not less than thirty years imprisonment.
During the trial, the United States presented evidence that the defendant sexually abused a child. The sexual abuse began when the victim was 8 years old and continued until age 13 years.
The guilty verdicts were 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 victim 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 Honorable Timothy D. DeGiusti, U.S. District Judge in 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. Sentencing will be scheduled following completion of the report. Rogers was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorney Benjamin D. Traster was the lead prosecutor representing the United States.
Tahlequah Resident Sentenced to Life Imprisonment for Sexually Abusing Minor Under 12 in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Michael David Jackson, age 40, of Tahlequah, Oklahoma was sentenced to three individual life sentences on two counts of Aggravated Sexual Abuse of a Minor Under 12 and one count of Abusive Sexual Contact with a Child Under 12 Years. Jackson was also sentenced to 360 months for one count of Sexual Exploitation of a Child/Use of a Child to Produce a Visual Depiction and 240 months for two counts of Possession of Certain Material Involving the Sexual Exploitation of a Minor. All sentences will run concurrently.
The defendant was convicted by a federal jury on July 1, 2021. During the trial, the United States presented evidence that Jackson began sexually abusing the victim in the fall of 2019 and the abuse continued until late-December 2019. The child’s parents testified they relied on Jackson to provide childcare while they worked because they thought they could trust Jackson. In his caretaking role, Jackson had continued access to the child, which included staying overnight. Jackson used this time with the victim to sexually abuse her. The trial evidence also proved Jackson used a cell phone camera to capture images of the abuse.
“The sentence ordered by the Court will ensure that the defendant will never have the ability to abuse or exploit another child," said United States Attorney Christopher J. Wilson. “Cases like this are especially heart-wrenching. I am thankful for the work of the Cherokee Nation Marshal Service, the Federal Bureau of Investigation and the United States Attorney’s Office to see to it the defendant was brought to justice.”
“Our children undoubtedly represent our nation’s future”, said FBI Oklahoma City Special Agent in Charge Ed Gray. “This sentence provides a clear depiction of what will continue to happen to perpetrators who defile our nation’s innocent. As protectors of the American people, the FBI will continue its unwavering fight against those who try to thwart our nation’s bright future in any capacity.”
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. Jackson 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 Courtney Jordan and Dean Burris prosecuted the case on behalf of the United States.
Federal Jury Convicts Pittsburg County Residents of Narcotics and Money Laundering OffensesRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Early Willard Woodmore, III, age 34, of Quinton, Oklahoma and Calvin James Woodmore, age 33, of McAlester, Oklahoma were found guilty by a federal jury of Drug Conspiracy, Drug Distribution, Conspiracy to Commit Money Laundering and Money Laundering. A copy of the original indictment can be found at https://go.usa.gov/xdYg4. All other indicted codefendants previously entered pleas of guilty.
The jury trial began with testimony on Monday, April 4, 2022, and concluded on Thursday, April 7, 2022, with the verdicts of guilty on all counts for both defendants. Based on the jury’s verdicts, both Early Willard Woodmore III and Calvin James Woodmore could receive up to life imprisonment.
During the trial, the United States presented evidence that beginning in 2017 and continuing until the end of 2019, Early Woodmore, III operated a methamphetamine distribution organization based in Haskell and Pittsburg counties. Early Woodmore, III, working with his source of supply in California, received numerous multi-pound shipments of methamphetamine sent through the United States Postal Service to various addresses in Haskell and Pittsburg counties. Early Woodmore, III, Calvin Woodmore, and other codefendants repackaged the methamphetamine into smaller quantities and distributed it in the Pittsburg and Haskell county area. After being arrested in April 2019 on state charges of assault and kidnapping, the Woodmores continued to operate the organization from within the Haskell County Jail, utilizing the inmate phone system. The Woodmore drug trafficking organization utilized money wire services and banks to send payments for the methamphetamine to the source of supply in California. The trial evidence further showed that the Woodmores engaged in acts of violence and retaliation against those they suspected of cooperating with law enforcement.
The guilty verdicts arose from a joint investigation led by the Drug Enforcement Administration (“DEA”), along with Haskell County Sheriff’s Office, the Oklahoma Bureau of Narcotics (“OBN”), the District 18 District Attorney’s Drug Task Force, the Internal Revenue Service (“IRS”), the United States Postal Inspection Service (“USPIS”), the National Guard Counterdrug Task Force, the Bureau of Indian Affairs (“BIA”), the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”), the Pittsburg County Sheriff’s Office, the McAlester Police Department, and the Stigler Police Department. The investigation was part of and included members of the DEA High Intensity Drug Trafficking (“HIDTA”) Task Force.
This case is also part of the Department of Justice’s Organized Crime and Drug Enforcement Task Force (OCDETF) program. The OCDETF program is the centerpiece of the Department of Justice’s drug supply reduction strategy. OCDETF was established to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s illicit drug supply.
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 the presentence reports for both defendants. Sentencings will be scheduled following completion of the reports. Both defendants were remanded to the custody of the United States Marshal pending the imposition of the sentencings.
Assistant United States Attorney Ryan Conway and Assistant United States Attorney Kevin Cheung represented the United States.
Henryetta Resident Sentenced to Life Imprisonment for Murdering FatherRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Diamond Levi Britt, age 27, of Henryetta, Oklahoma was sentenced to life imprisonment for being found guilty by jury trial of First-Degree Murder in Indian Country. Britt’s federal jury trial began with testimony on Tuesday, July 13, 2021, and concluded on Thursday, July 15, 2021, with the guilty verdict.
During Britt’s jury trial, the United States presented evidence that on September 16, 2019, the defendant attacked his father, Gary Britt, with a samurai sword. The victim suffered significant injuries including a partially severed arm, multiple head wounds, and a transected quadriceps tendon. The victim died nine days after the attack due to complications from his injuries.
The evidence at trial further demonstrated that Britt knowingly and deliberately killed his father, with premeditation. On at least two occasions prior to the attack the defendant informed family members he intended to kill his father. After the vicious attack, Britt left the crime scene and was observed by Henryetta police officers walking along a roadway carrying the sword. Britt was taken into custody and made numerous statements that night indicating that he wanted to kill his father and that he regularly thought about stabbing his father. After hearing argument from the parties during the sentencing hearing, United States District Court Judge John F. Heil, III sentenced Britt to life in prison.
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 Okmulgee County, within the boundaries of the Muscogee (Creek) Nation, and within the Eastern District of Oklahoma.
The case was the result of an investigation by the Okmulgee County Sheriff’s Office, the Henryetta Police Department, and the Federal Bureau of Investigation.
“A life sentence is fit punishment,” said Christopher J. Wilson, United States Attorney. “The defendant viciously murdered his father with a samurai sword. His acts were almost unthinkable, and my heart goes out to the victim’s family. Prosecuting violent crime in Indian Country like this continues to be of paramount importance to the United States Attorney’s Office for the Eastern District of Oklahoma.”
No excuse can justify the premeditated act of savagery committed by this man, who will now spend the rest of his life behind bars” said Ed Gray, Special Agent in Charge of the FBI Oklahoma City Division. “The FBI stands strongly with our tribal partners in our joint commitment to bring to justice those who engage in such brutality. Violent crimes, such as this horrendous act, will never go unchallenged.”
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 sentencing hearing. Special Assistant United States Attorneys Kyle J. Essley and Robert Reeves represented the United States. Britt 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.
Former Accounting Manager Pleads Guilty to Stealing from Chickasaw NationRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Christopher Wallace Covington, age 41, of Ada, Oklahoma, entered a guilty plea to an Information charging him with one count of Theft Concerning Programs Receiving Federal Funds, in violation of Title 18, United States Code, Section 666(a)(1)(A). The offense is punishable by up to 10 years of imprisonment, a fine of $250,000.00, or both.
The Information alleged that from January 6, 2017 to May 11, 2021, the defendant, an accounting manager within the Chickasaw Nation Department of Treasury, Division of Headquarters Finance, stole and obtained by fraud more than $225,000.00 and less than $550,000.00 from the Chickasaw Nation. The defendant redirected funds from the Chickasaw Nation’s General Fund bank account to his personal Coinbase.com account. The Chickasaw Nation is a federally recognized Indian tribal government and organization which receives federal benefits and assistance.
The charges arose from an investigation by 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, accepted the plea and ordered the completion of a presentence investigation report. The defendant was released on a personal recognizance appearance bond pending formal sentencing.
Assistant U.S. Attorney Cameron McEwen represented the United States.
Oklahoma Resident Pleads Guilty to Murder in Indian CountryRead the Press Release
WASHINGTON – An enrolled member of the Seminole Nation of Oklahoma pleaded guilty today to second degree murder in Indian Country in connection with a homicide that took place in 2015 in Oklahoma.
According to court documents, in May 2015, John Douglas Knight, 41, and Matthew Armstrong, 32. both of Seminole, Oklahoma, received orders from the Indian Brotherhood, a prison-based gang active in Oklahoma, to go to victim Scotty Candler’s residence and question him. Knight and Armstrong, both carrying firearms, went to Candler’s residence in Seminole County. Knight and Armstrong planned to question, point their firearms at Candler, and beat him up. Instead, Knight and Armstrong shot Candler in the head, killing him. Knight and Armstrong then ran from the residence and disposed of the firearms.
Armstrong pleaded guilty on Oct. 20, 2021 and is awaiting sentencing. According to court documents in that case, Knight and Armstrong went to question the victim Candler about an unrelated homicide that took place behind a WalMart store in Seminole.
Knight pleaded guilty to murder in the second degree. He will be sentenced at a later date and faces a maximum penalty of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division, U.S. Attorney Christopher J. Wilson of the Eastern District of Oklahoma, Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division, and Special Agent in Charge Edward Gray of the FBI’s Oklahoma City Field Office made the announcement.
The FBI and the Oklahoma State Bureau of Investigation are investigating the cases.
Trial Attorneys Brian Morgan and Rami Badawy of the Criminal Division’s Human Rights and Special Prosecutions Section are prosecuting the case in coordination with the U.S. Attorney’s Office for the Eastern District of Oklahoma.
Oklahoma Man Pleads Guilty to Murder in Indian CountryRead the Press Release
An enrolled member of the Seminole Nation of Oklahoma pleaded guilty today to second degree murder in Indian Country in connection with a homicide that took place in 2015 in Oklahoma.
According to court documents, in May 2015, John Douglas Knight, 41, and Matthew Armstrong, 32. both of Seminole, Oklahoma, received orders from the Indian Brotherhood, a prison-based gang active in Oklahoma, to go to victim Scotty Candler’s residence and question him. Knight and Armstrong, both carrying firearms, went to Candler’s residence in Seminole County. Knight and Armstrong planned to question, point their firearms at Candler, and beat him up. Instead, Knight and Armstrong shot Candler in the head, killing him. Knight and Armstrong then ran from the residence and disposed of the firearms.
Armstrong pleaded guilty on Oct. 20, 2021 and is awaiting sentencing. According to court documents in that case, Knight and Armstrong went to question the victim Candler about an unrelated homicide that took place behind a Walmart store in Seminole. Another individual, Kadetrix Grayson, was charged with the homicide in question and is awaiting trial in the Eastern District of Oklahoma.
Knight pleaded guilty to murder in the second degree. He will be sentenced at a later date and faces a maximum penalty of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division, U.S. Attorney Christopher J. Wilson of the Eastern District of Oklahoma, Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division, and Special Agent in Charge Edward Gray of the FBI’s Oklahoma City Field Office made the announcement.
The FBI and the Oklahoma State Bureau of Investigation are investigating the cases.
Trial Attorneys Brian Morgan and Rami Badawy of the Criminal Division’s Human Rights and Special Prosecutions Section are prosecuting the case in coordination with the U.S. Attorney’s Office for the Eastern District of Oklahoma.
Federal Jury Convicts Muskogee Resident of Murder and Robbery Offenses in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Kevin Marvell Jackson, age 20, of Muskogee, Oklahoma was found guilty by a federal jury of murder in Indian country, along with robbery and firearm offenses.
The jury trial began with testimony on Tuesday, March 1, 2022, and concluded on Thursday, March 3, 2022, with the guilty verdicts. Based on the jury’s verdict, the defendant is facing a mandatory sentence of life imprisonment.
During the trial, the United States presented evidence the defendant attempted to rob Bradley Dillon and Dakota Berryhill of what he believed to be a large amount of casino winnings during the early morning hours of October 19, 2020. The defendant hatched the plan to rob Dillon and Berryhill after overhearing telephone conversations about the winnings between friends of Dillon. Unbeknownst to defendant, Dillon and Berryhill were simply joking about the casino winnings and had very little money when defendant attempted to rob them at gunpoint. While Berryhill escaped the robbery, defendant shot Dillon at least five times. Defendant fled the scene and was apprehended in the Oklahoma City area after a manhunt led by the FBI.
The guilty verdicts were the result of an investigation by the Muskogee 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 victims in this case are members of a federally-recognized Indian tribe 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. Jackson was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorney Michael Cooper represented the United States.
Federal Jury Convicts Porum Resident of Illegal Possession of Firearm and AmmunitionRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Justin Miles Ness, age 40, of Porum, Oklahoma was found guilty by a federal jury of Felon in Possession of Firearm & Ammunition.
The jury trial began with testimony on Tuesday, March 1, 2022, and concluded on Wednesday, March 2, 2022, with a verdict of guilty. Based on the jury’s verdict, the defendant could potentially receive up to ten years of imprisonment.
During the trial, the United States presented evidence that on September 8, 2021, federal agents served a federal search warrant on Justin Miles Ness’ residence in Porum, Oklahoma. Agents seized a firearm and over 500 rounds of ammunition. The evidence also included photographs, video/audio and text messages from Ness’s Facebook account wherein the defendant, a convicted felon, was shown to be in possession of a firearm and discussing the acquisition of firearms.
The guilty verdict was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Federal Bureau of Investigation.
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. Ness was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorney William Cosner and Assistant United States Attorney Ryan Conway represented the United States.
Federal Jury Convicts Okemah Resident of Murder in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Elijah Dewayne Hicks, age 22, of Okemah, Oklahoma was found guilty by a federal jury of Murder in Indian Country; Use, Carry, Brandish, and Discharge of a Firearm During and in Relation to a Crime of Violence; and Causing the Death of a Person in the Course of a Violation of Title 18 United States Code § 924(c).
The jury trial began with testimony on Tuesday, February 15, 2022, and concluded on Thursday, February 17, 2022, with a verdict of guilty on all three criminal counts. Based on the jury’s verdicts, the defendant could potentially receive up to life imprisonment.
During the trial, the United States presented evidence that on August 7, 2021, the defendant intentionally killed his cousin, Timothy Ray Buckley, by shooting him four times, and then fled before law enforcement could arrive, resulting in a four-month long manhunt by the FBI. The incident occurred in Okemah, Oklahoma.
The guilty verdicts were the result of an investigation by the Federal Bureau of Investigation, Oklahoma State Bureau of Investigation, Muscogee (Creek) Lighthorse Police, and the Okemah Police Department.
“I am thankful for the cooperative efforts of our local, state, tribal, and federal law enforcement partners in investigating and prosecuting the defendant,” said United States Attorney Christopher Wilson. “Prosecuting violent crime in Indian Country, like the ruthless act of the defendant in this case, remains the priority of the United States Attorney’s Office, and I am proud of the tireless efforts and excellent work of our attorneys, victim assistants, witness coordinators, and support staff each day.”
"The FBI is tasked with investigating the most heinous crimes in Indian Country, including murder. We are committed to not only investigating these crimes but to holding violent offenders like Mr. Hicks accountable for their actions,” said Edward J. Gray, Special Agent in Charge of the FBI Oklahoma City Field Office. “We will continue working with our partners to obtain justice for the victims and to protect the communities we serve in Eastern 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 Okfuskee County, within the boundaries of the Muscogee (Creek) 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 in Oklahoma City, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Hicks was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorney Charles Bucca and Assistant United States Attorney Jordan Howanitz represented the United States.
Christopher J. Wilson Appointed Interim United States Attorney for the Eastern District of OklahomaRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today Christopher J. Wilson has been appointed by United States Attorney General Merrick B. Garland and sworn in by Chief United States District Ronald A. White as Interim United States Attorney for the Eastern District of Oklahoma. The appointment became effective on December 26, 2021 and will continue for a period of 120 days.
Mr. Wilson has been the Acting United States Attorney for the Eastern District pursuant to the Federal Vacancies Reform Act of 1998 since March 1, 2021. Prior to his designation as Acting U.S. Attorney, Mr. Wilson was the First Assistant United States Attorney and previously served as Chief of the Criminal Division.
“I am humbled and honored to continue serving as United States Attorney for the Eastern District of Oklahoma,” said Wilson. “I believe there is no higher calling than to protect and serve the people of the Eastern District, and I am blessed to work with an amazing team at the United States Attorney’s Office. In coordination with our local, state, tribal and federal partners, the men and women in the U.S. Attorney’s Office are committed to discharging our mission of prosecuting violations of federal law, pursuing justice for crime victims, and protecting the security and financial interests of the United States.”
Mr. Wilson has been an Assistant United States Attorney for the Eastern District of Oklahoma since 2006. As a federal prosecutor, Mr. Wilson handled a wide variety of criminal matters including terrorism, violent crime, firearms, white collar, public corruption, narcotics, and child exploitation. He served as the Eastern District’s Anti-Terrorism Advisory Council Coordinator (ATAC), National Security Cyber Specialist (NSCS), Computer Hacking and Intellectual Property Coordinator (CHIP), Project Safe Childhood Coordinator (PSC), Elder Justice Coordinator (EJC), District Security Manager (DOSM), and Crisis Management Coordinator (CMC). In 2018, Mr. Wilson received the Executive Office of United States Attorneys Director’s Award for Superior Performance in Indian Country.
Mr. Wilson, a life-long resident of Oklahoma, received his Bachelor of Science degree from Oklahoma Christian College in 1986, graduating summa cum laude, and his Juris Doctor with Distinction degree from the University of Oklahoma College of Law in 1989. Mr. Wilson’s career as a criminal prosecutor began in 1991 as an Assistant District Attorney in Pittsburg County, Oklahoma. He served as the First Assistant for Oklahoma’s 18th Prosecutorial District (Pittsburg and Haskell counties) for two District Attorneys and was the elected District Attorney for District 18 from January 2003 to April 2006.
Office on Violence Against Women Announces Awards to 11 Indian Tribal Governments to Exercise Special Domestic Violence Criminal JurisdictionRead the Press Release
MUSKOGEE, OKLAHOMA – The U.S. Department of Justice Office on Violence Against Women (OVW) announced awards to 11 Indian Tribal governments to support them in exercising special domestic violence criminal jurisdiction (SDVCJ). The Violence Against Women Reauthorization Act of 2013 (VAWA 2013) recognized the authority of tribes to exercise SDVCJ over certain defendants, regardless of their Indian or non-Indian status, who commit crimes of domestic violence or dating violence or violate certain protection orders in Indian country.
“We heard from tribal leaders that they need access to funds to support the day-to-day costs of SDVCJ, and I’m pleased to announce OVW is issuing eleven awards to implementing tribes to defray these costs,” said OVW Principal Deputy Director Allison Randall. “OVW is dedicated to working with tribes to address challenges in protecting victims and responding to offenders in their communities, as well as supporting tribal sovereignty."
The recipients of the one-year awards under OVW’s Tribal Jurisdiction Program are: Chickasaw Nation ($250,000), Oklahoma; Eastern Band of Cherokee Indians, North Carolina; Fort Peck Assiniboine and Sioux Tribes, Montana; Muscogee (Creek) Nation ($250,000), Oklahoma; Nottawaseppi Huron Band of the Potawatomi, Michigan; Pascua Yaqui Tribe, Arizona; Port Gamble S’klallam Tribe, Washington; Pueblo of Santa Clara, New Mexico; Seminole Nation ($249,352) of Oklahoma; the Cherokee Nation ($250,000) of Oklahoma; and the Tulalip Tribes of Washington.
“Domestic violence is a scourge which impacts all segments of the Eastern District of Oklahoma, including our Tribal Nations,” said Acting United States Attorney Christopher J. Wilson. “This grant funding will aid Cherokee, Chickasaw, Muscogee (Creek), Seminole and Tribal prosecutors in the Eastern District to address the issue of domestic violence within their reservations.”
OVW’s Tribal Jurisdiction Program was authorized under VAWA 2013 and supports tribes with jurisdiction over Indian country in exercising SDVCJ. Tribal Jurisdiction Program funds may be used to strengthen tribal criminal justice systems, provide indigent criminal defense, conduct jury trials and provide services and applicable rights to crime victims. Costs could include, but are not necessarily limited to, incarceration costs (including medical care) for non-Indian SDVCJ defendants, trial costs for SDVCJ cases, defense counsel costs, costs associated with empaneling a jury for an SDVCJ trial, batterer’s intervention or other pre- or post-conviction supervision or programming costs and related training and technical assistance.
About the Office on Violence Against Women
The Office on Violence Against Women provides leadership in developing the nation’s capacity to reduce violence through the implementation of the Violence Against Women Act and subsequent legislation. Created in 1995, OVW administers financial and technical assistance to communities across the country that are developing programs, policies and practices aimed at ending domestic violence, dating violence, sexual assault and stalking. In addition to overseeing federal grant programs, OVW undertakes initiatives in response to special needs identified by communities facing acute challenges. Learn more at www.justice.gov/ovw.
Federal Justice Department Awards More Than $17.5 Million to Support Project Safe NeighborhoodsRead the Press Release
MUSKOGEE, OKLAHOMA – The Department of Justice announced today that it has awarded more than $17.5 million in grants to support the Project Safe Neighborhoods (PSN) Program. Funding will support efforts across the country to address violent crime, including the gun violence that is often at its core. The Office of the Oklahoma Attorney General was awarded $326,903 to administer PSN grant funds in Oklahoma. Acting U.S. Attorney Clinton J. Johnson for the Northern District of Oklahoma, Acting U.S. Attorney Robert J. Troester for the Western District of Oklahoma, and Acting U.S. Attorney Christopher J. Wilson for the Eastern District of Oklahoma, joined in the announcement.
The Bureau of Justice Assistance (BJA), part of the department’s Office of Justice Programs (OJP), will administer the 88 grant awards, which are being made to designated fiscal agents to support local PSN projects that work in partnership with U.S. Attorneys’ Offices. With approval from BJA, the Fiscal Agent will begin the process of making subawards for PSN grant projects.
“This latest Project Safe Neighborhoods grant is critical to addressing the violent crime threatening cities and towns all across our country,” said Deputy Attorney General Lisa O. Monaco. “Ensuring the safety of all Americans is the highest priority for the Department of Justice, but when it comes to violent crime, there is not a one-size-fits-all solution. We have to work closely with local public safety agencies as well as community organizations to craft individual strategies unique to each community’s needs. Programs like Project Safe Neighborhoods and the funding it provides allow us to do just that.”
“Violent crime impacts communities throughout Oklahoma. This grant funding will continue to allow our Offices to coordinate with the Oklahoma Attorney General’s Office and our law enforcement partners to reduce violence and build confidence in the communities we collectively serve,” said Acting U.S. Attorneys Johnson, Troester, and Wilson. “Together with the Attorney General’s Office, we are devoted to safeguarding Oklahomans, disrupting violent crime, and forging new pathways to address underlying issues that may trigger violent conduct throughout the State.”
“My top priority as Attorney General is the safety of all Oklahomans,” said Oklahoma Attorney General John O’Connor.” “The Project Safe Neighborhoods grants will allow our office, in partnership with the U.S. Attorneys’ Offices, to prevent and fight violent crime in our great state.”
“Investing in our communities, supporting victims and building a justice system that both keeps people safe and earns their trust – these are mutually reinforcing goals that stand at the heart of Project Safe Neighborhoods,” said Principal Deputy Assistant Attorney General Amy L. Solomon for OJP. “The Office of Justice Programs is pleased to join with our U.S. Attorneys’ Offices, and with jurisdictions across the country, as we work together to meet the challenges of crime and violence and achieve our shared aspirations of public safety and community trust.”
In May 2021, Attorney General Merrick B. Garland announced a new effort to reduce violent crime, including the gun violence that is often at its core. Integral to that effort was the reinvigoration of PSN, a two-decade old evidence-based and community-oriented program focused on reducing violent crime. The updated PSN approach, outlined in the department’s Comprehensive Strategy for Reducing Violent Crime issued by Deputy Attorney General Monaco, is guided by four key principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence, setting focused and strategic enforcement priorities and measuring the results of our efforts. The fundamental goal is to reduce violent crime, not simply to increase the number of arrests or prosecutions.
This fall, U.S. Attorney’s Offices across the country have enhanced their violent crime reduction efforts to ensure alignment with the department’s comprehensive violent crime reduction strategy. U.S. Attorneys’ Offices have engaged in outreach to law enforcement and other agencies and organizations serving communities to identify the most significant drivers of violence in their districts. Working together with a broad coalition of stakeholders, the U.S. Attorneys’ Offices are addressing the most pressing violent crime issues in their district to make our neighborhoods safer for all.
PSN programs are led by U.S. Attorneys’ Offices in collaboration with local public safety agencies, community stakeholders and other agencies and organizations that work to reduce violent crime.
For a list of all grantees, please visit: https://www.ojp.gov/sites/g/files/xyckuh241/files/media/document/FY21-Project-Safe-Neighborhoods-Awards.pdf.
The Office of Justice Programs provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, advance racial equity in the administration of justice, assist victims and enhance the rule of law. More information about OJP and its components can be found at www.ojp.gov.
Federal Jury Finds Sequoyah County Resident Guilty of Five Counts of Sexual Abuse of A Minor in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Michael Allen Farris, age 48, of Bunch, Oklahoma, was found guilty by a federal jury of five counts of Sexual Abuse of a Minor in Indian Country, in violation of Title 18, United States Code, Sections 1151, 1153, 2243(a), and 2246(2)(A).
The jury trial began with testimony on Monday, November 29, 2021, and concluded on Wednesday, December 1, 2021, with the guilty verdicts. Based on the jury’s verdicts, the defendant is facing up to 15 years of imprisonment for each count.
During the trial, the United States presented evidence that between June 2019 and August 2019, the defendant sexually assaulted the 13-year-old victim.
The guilty verdicts were 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 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 Honorable Timothy D. DeGiusti, U.S. District Judge in 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. Sentencing will be scheduled following completion of the report. Farris was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorney Anthony Marek and Assistant United States Attorney Morgan Muzljakovich represented the United States.
Marble City Resident Found Guilty of Two Counts of Murder in Indian Country and One Count of Arson in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Joseph Allen Hernandez, age 34, of Marble City, Oklahoma was found guilty by a federal jury of two counts of Murder in Indian Country, in violation of Title 18, United States Code, Sections 1111(a), 1151 and 1153; and one count of Arson in Indian Country, in violation of Title 18, United States Code, Sections 81, 1151 and 1153.
The jury trial began with testimony on Tuesday, November 16, 2021, and concluded on Friday, November 19, 2021, with a verdict of guilty on all three criminal counts. Based on the jury’s verdicts, the defendant is facing up to life in prison.
During the trial, the United States presented evidence that on June 5, 2019, the defendant murdered his mother, Audrey Hernandez, and his grandmother, Francis Wright by covering both victims with accelerant and setting them on fire. The incident occurred in a trailer house in Marble City, Oklahoma. Witnesses testified both victims told emergency responders that the defendant poured gasoline on them and set them on fire.
The guilty verdicts were 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 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 Honorable Charles B. Goodwin, U.S. District Judge in 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. Sentencing will be scheduled following completion of the report. Hernandez was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorney Michael Warren and Assistant United States Attorney Jarrod Leaman represented the United States.
Haskell Resident Found Guilty of Multiple Armed Home Invasion Robberies and Fire Station BurglariesRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Aaron Isaiah Johnson, age 33, of Haskell, Oklahoma was found guilty by a federal jury of two counts of Robbery in Indian Country, in violation of Title 18 United States Code, Sections 2111, 1151, 1153 and 2; two counts of Use, Carry and Brandish of Firearm during and in Relation to a Crime of Violence, in violation of Title 18, United States Code, Sections 924(c)(1)(A)(i) and (ii) and 2; two counts of Burglary in the Second Degree in Indian Country, in violation of Title 18, United States Code, Sections 1151, 1153 and Title 21, Oklahoma Statutes, Section 1435(A); Kidnapping in Indian Country, in violation of Title 18, United States Code, Sections 1201(a)(2), 1151, 1153, and 2; Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, in violation of Title 18, United States Code, Sections 113(a)(3), 1151, 1153 and 2; and Conspiracy to Commit Robbery in Indian Country, in violation of Title 18, United States Code, Section 371.
The jury trial began with opening statements on Monday, November 8, 2021, and concluded on Friday, November 12, 2021, with the jury returning guilty verdicts on all nine criminal counts. Based on the jury’s verdicts, the defendant is facing up to life imprisonment.
During the trial the United States presented evidence the defendant committed a series of criminal offenses including: (1) on January 11, 2018, the defendant and two co-conspirators forcibly entered an occupied residence in Porter, Oklahoma, where they tied up, blindfolded, and robbed a 13-year old boy at gun point; (2) on December 18, 2018, the defendant and a co-conspirator forcibly entered an occupied residence in Haskell, Oklahoma, where they assaulted an 82-year old man with a rifle, and robbed him at gun point; (3) on February 27, 2019, the defendant burglarized the Red Bird Fire Station in Red Bird, Oklahoma, and stole two fire department emergency vehicles; and (4) on March 14, 2019, the defendant burglarized the Liberty Fire Station in Mounds, Oklahoma, and stole a fire department emergency vehicle.
The trial evidence established that Johnson was arrested and charged in the District Court of Muskogee County with the January 11, 2018 home invasion. The defendant was released on pretrial bond and required to wear a GPS equipped ankle bracelet. The United States utilized the data recorded from the Johnson’s ankle bracelet to prove the defendant was present at, and committed, the subsequent home invasion robbery and burglaries.
The guilty verdicts were the result of an investigation by the Wagoner 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 Wagoner County, within the boundaries of the Muscogee (Creek) and Cherokee Nation Reservations, 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 Attorney Charles Bucca and Special Assistant United States Attorney L.C. Wright represented the United States.
$614,823 Awarded to Law Enforcement Agencies in the Eastern District of OklahomaRead the Press Release
WASHINGTON – The Department of Justice today announced more than $139 million in grant funding through the department’s Office of Community Oriented Policing Services (COPS Office) COPS Hiring Program (CHP). The awards provide direct funding to 183 law enforcement agencies across the nation, allowing those agencies to hire 1,066 additional full-time law enforcement professionals. In the Eastern District of Oklahoma, the cities of Haileyville, Seminole, Stringtown, and Tishomingo, along with Hughes County, were awarded funding totaling $614,823.00.
“We are committed to providing police departments with the resources needed to help ensure community safety and build community trust,” said Attorney General Merrick B. Garland. “The grants we are announcing today will enable law enforcement agencies across the country to hire more than 1,000 additional officers to support vitally important community oriented policing programs.”
“Protection and service of the public is the goal of law enforcement,” said Acting United States Attorney Christopher J. Wilson. “This funding will aid these police and sheriff departments in the Eastern District in achieve that goal.”
The following entities in the Eastern District of Oklahoma received the following award amounts:
- The City of Haileyville – $75,106
- Hughes County – $97,535
- The City of Seminole – $243,265
- The City of Stringtown – $88,206
- The City of Tishomingo – $110,711
CHP is a competitive award program intended to reduce crime and advance public safety through community policing. CHP provides funds directly to law enforcement agencies to hire new or rehire additional career law enforcement officers, thereby increasing their community policing capacity and crime prevention efforts. Of the 183 agencies awarded grants today, approximately half will use the funding to focus on building legitimacy and trust between law enforcement and communities; 41 agencies will seek to address high rates of gun violence; 21 will focus on other areas of violence; and 19 will focus CHP resources on combating hate and domestic extremism or supporting police-based responses to persons in crisis. The complete list of awards can be found here.
Since its creation in 1994, COPS has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and Tribal law enforcement agencies to fund the hiring and redeployment of more than 135,000 officers. CHP, COPS’ flagship program, continues to be in demand today: In FY21, COPS received 590 applications requesting nearly 3,000 law enforcement positions. For FY22, President Biden has requested $537 million for CHP, an increase of $300 million.
To learn more about CHP, please visit https://cops.usdoj.gov/chp-award. For additional information about the COPS Office, please visit https://cops.usdoj.gov/.
The COPS Office is the federal component of the Department of Justice responsible for advancing community policing nationwide. The only Department of Justice agency with policing in its name, the COPS Office was established in 1994 and has been the cornerstone of the nation’s crime fighting strategy with grants, a variety of knowledge resource products, and training and technical assistance. Through the years, the COPS Office has become the go-to organization for law enforcement agencies across the country and continues to listen to the field and provide the resources that are needed to reduce crime and build trust between law enforcement and the communities served.
Federal Jury Finds Muskogee Resident Guilty of Aggravated Sexual Abuse in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Joseph Stanley Harjo, age 40, of Muskogee, Oklahoma was found guilty by a federal jury of Aggravated Sexual Abuse in Indian Country, in violation of Title 18, United States Code, Sections 1151, 1153, 2241(c) and 2246(2)(D).
The jury trial began with testimony on Monday, November 15, 2021, and concluded on Tuesday, November 16, 2021, with the guilty verdict. Based on the jury’s verdict, the defendant is facing a mandatory minimum sentence of 30 years up to life imprisonment.
During the trial, the United States presented evidence that in June 2016, Harjo sexually abused a six-year-old child. Five additional witnesses testified that Harjo sexually assaulted them when they were between four and twelve years of age.
The guilty verdict was the result of an investigation by the Muskogee 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 and child victim in this case are members of a federally recognized Indian tribe 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. Harjo 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 Anthony Marek represented the United States.
Okmulgee County Resident Found Guilty of Firearm and Drug Charges in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Dustin Kyle Marris, age 33, of Okemah, Oklahoma, was found guilty by a federal jury of Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, in violation of Title 18, United States Code, Sections 113(a)(3), 1151, and 1153; Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence, in violation of Title 18, United States Code, Sections 924(c)(1)(A)(i), (ii), and (iii); Possession with Intent to Distribute Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C); and Felon in Possession of a Firearm, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). The defendant was acquitted on one count of Assault with Intent to Kill in Indian Country.
The jury trial began with testimony on Tuesday, November 2, 2021, and concluded on Wednesday, November 3, 2021, with the guilty verdicts. Based on the jury’s verdicts, the defendant is facing over ten years of imprisonment.
The United States presented evidence that on or about November 9, 2020, the victim, 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, fled from the victim, and reached 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 victim, 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.
The guilty verdicts resulted from an investigation by the Okmulgee 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 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. Marris was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Special Assistant United States Attorney Nathaniel Walters and Department of Justice Criminal Division Organized Crime and Gang Section Trial Attorney Brian Lynch represented the United States.
Muldrow Resident Sentenced for the Production of Child PornographyRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Hunter Jacob James Hope, age 21, of Muldrow, Oklahoma, was sentenced to 290 months’ imprisonment and 25 years of supervised release for seven counts of production of child pornography, in violation of Title 18, United States Code, Section 2251, and one count of possession of child pornography, in violation of Title 18, United States Code, Section 2252.
According to court documents, Hope engaged in a pattern of conduct that involved threatening to share sensitive (typically undressed or partially undressed) images of minors unless the minors either engaged in sex acts with him or provided him with sexually explicit images of themselves over the internet.
The charges arose from an investigation by the Sallisaw Police Department and the Department of Homeland Security - Homeland Security Investigations “(HSI)”.
Acting United States Attorney Christopher J. Wilson said, “Justice was delivered to multiple minor victims who were forced to acquiesce to this Defendant’s perverse desire to threaten and sexually abuse them for his own twisted gratification. Without their bravery in choosing to come forward, this Defendant would have been free to continue his pattern of criminal conduct.”
“This deviant predator will no longer pose a threat to children, earning every minute of his 24-year sentence for his callous acts of sexual exploitation of vulnerable minors," said Christopher Miller, Acting Special Agent in Charge HSI Dallas." Through our collaboration with our law enforcement partners, we will never relent in bringing the full weight of justice against sexual predators for the lasting harm they inflict on children.”
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.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
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. Special Assistant United States Attorney Gwendelynn Bills represented the United States. Hope 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.
Ada Resident Found Guilty of Sexual Abuse and Sexual Contact of Two Minors in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Montelito Sanchez Simpkins, age 36, of Ada, Oklahoma was found guilty by a federal jury of Sexual Abuse of a Minor in Indian Country, in violation of Title 18, United States Code, Sections 2243(a), 2246(2)(D), 1151 and 1152 and Abusive Sexual Contact in Indian Country, in violation of Title 18, United States Code, Sections 2244(a)(3), 2246(3), 1151 and 1152.
The jury trial began with testimony on Tuesday, October 19, 2021, and concluded on Wednesday, October 20, 2021, with the guilty verdicts returned by the jury after approximately 30 minutes of deliberation. Based on the jury’s verdicts, the defendant is facing over 10 years of imprisonment.
The United States presented evidence that on July 15, 2020, Simpkins sexually abused a 12-year-old child, and that on September 27, 2020, Simpkins sexually abused a 13-year-old.
The guilty verdicts were the result of an investigation by the Ada Police Department with assistance from the Federal Bureau of Investigation. The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the child victims in this case are members of federally-recognized Indian tribes and the crimes occurred in Pontotoc County, within the boundaries of the Chickasaw Nation Reservation, and within the Eastern District of Oklahoma. This case was also 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.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
The Honorable David Cleveland Joseph, United States District Judge out of 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 the completion of the report. Simpkins was remanded to the custody of the United States Marshal pending the sentencing hearing.
Assistant United States Attorney Edith Singer and Special Assistant United States Attorney Jo E. Lawless represented the United States.
Individual Pleads Guilty to Murder in Indian CountryRead the Press Release
WASHINGTON – An enrolled member of the Seminole Nation of Oklahoma and member of the Indian Brotherhood (IBH), a prison-based gang active in Oklahoma, pleaded guilty today to charges related to two separate homicides that took place in 2015 and 2017 within Indian Country in Oklahoma.
According to court documents, in May 2015, Matthew Onesimo Armstrong, 32, of Seminole, Oklahoma, received orders from the IBH to question an individual about an unrelated homicide. On May 30, 2015, Armstrong went to victim Scotty Candler’s home with a firearm to question, scare, and assault Candler. He was purportedly accompanied by John Douglas Knight, who was also associated with IBH and carrying a firearm. Outside the residence, Armstrong discharged two gunshots when Candler’s dogs ran out, while Knight, allegedly, entered the residence and fired one shot, killing Candler.
As set forth in the plea agreement, in 2017 Armstrong was involved in smuggling methamphetamine and other contraband for IBH into various prisons and jails. On April 16, 2017, at Armstrong’s residence, Armstrong had a dispute with victim Nicole Owl, who was also staying at the home. Armstrong and Nicholas Earl Faulkner took Owl into a wooded area behind the residence where Armstrong tied her to a tree. He left Owl tied to the tree for several hours and then returned with a rifle. Armstrong asked Faulkner if he wanted to shoot Owl, and Faulkner said “no.” Armstrong then shot Owl twice, killing her.
In connection with Candler’s death, Armstrong pleaded guilty to assault with a dangerous weapon with the intent to do bodily harm in Indian Country and to use, carry, and discharge of a firearm during and in relation to a crime of violence. In connection with the killing of Owl, Armstrong pleaded guilty to murder in Indian Country, kidnapping, and possession with intent to distribute methamphetamine. At sentencing, he faces a maximum penalty of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
In connection with Candler’s murder, Knight was indicted on May 12, on charges of committing a murder in Indian country and carrying and discharging a firearm during a crime of violence. A jury trial is scheduled for Jan. 4, 2022. An indictment is merely an accusation, and a defendant is presumed innocent unless and until proven guilty.
In connection with Owl’s murder, Faulkner pleaded guilty on May 22, 2019, to kidnapping and being a felon in possession of a firearm. Faulkner’s sentencing date has not yet been scheduled.
Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division and Acting U.S. Attorney Christopher J. Wilson of the Eastern District of Oklahoma made the announcement.
The FBI and the Oklahoma State Bureau of Investigation are investigating the cases.
Trial Attorney Rami Badawy of the Criminal Division’s Human Rights and Special Prosecutions (HRSP) Section and Assistant U.S. Attorney George Gialketsis of Eastern District of Oklahoma are prosecuting the case involving the murder of Nicole Owl. HRSP Trial Attorney Brian Morgan is prosecuting the case involving the murder of Scotty Candler in coordination with the U.S. Attorney’s Office for the Eastern District of Oklahoma.
Individual Pleads Guilty to Murder in Indian CountryRead the Press Release
An enrolled member of the Seminole Nation of Oklahoma and member of the Indian Brotherhood (IBH), a prison-based gang active in Oklahoma, pleaded guilty today to charges related to two separate homicides that took place in 2015 and 2017 within Indian Country in Oklahoma.
According to court documents, in May 2015, Matthew Onesimo Armstrong, 32, of Seminole, Oklahoma, received orders from the IBH to question an individual about an unrelated homicide. On May 30, 2015, Armstrong went to victim Scotty Candler’s home with a firearm to question, scare and assault Candler. He was purportedly accompanied by John Douglas Knight, who was also associated with IBH and carrying a firearm. Outside the residence, Armstrong discharged two gunshots when Candler’s dogs ran out, while Knight, allegedly, entered the residence and fired one shot, killing Candler.
As set forth in the plea agreement, in 2017 Armstrong was involved in smuggling methamphetamine and other contraband for IBH into various prisons and jails. On April 16, 2017, at Armstrong’s residence, Armstrong had a dispute with victim Nicole Owl, who was also staying at the home. Armstrong and Nicholas Earl Faulkner took Owl into a wooded area behind the residence where Armstrong tied her to a tree. He left Owl tied to the tree for several hours and then returned with a rifle. Armstrong asked Faulkner if he wanted to shoot Owl, and Faulkner said “no.” Armstrong then shot Owl twice, killing her.
In connection with Candler’s death, Armstrong pleaded guilty to assault with a dangerous weapon with the intent to do bodily harm in Indian Country and to use, carry and discharge of a firearm during and in relation to a crime of violence. In connection with the killing of Owl, Armstrong pleaded guilty to murder in Indian Country, kidnapping, and possession with intent to distribute methamphetamine. At sentencing, he faces a maximum penalty of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
In connection with Candler’s murder, Knight was indicted on May 12, on charges of committing a murder in Indian Country and carrying and discharging a firearm during a crime of violence. A jury trial is scheduled for Jan. 4, 2022. An indictment is merely an accusation, and a defendant is presumed innocent unless and until proven guilty.
In connection with Owl’s murder, Faulkner pleaded guilty on May 22, 2019, to kidnapping and being a felon in possession of a firearm. Faulkner’s sentencing date has not yet been scheduled.
Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division and Acting U.S. Attorney Christopher J. Wilson of the Eastern District of Oklahoma made the announcement.
The FBI and the Oklahoma State Bureau of Investigation are investigating the cases.
Trial Attorney Rami Badawy of the Criminal Division’s Human Rights and Special Prosecutions (HRSP) Section and Assistant U.S. Attorney George Gialketsis of Eastern District of Oklahoma are prosecuting the case involving the murder of Nicole Owl. HRSP Trial Attorney Brian Morgan is prosecuting the case involving the murder of Scotty Candler in coordination with the U.S. Attorney’s Office for the Eastern District of Oklahoma.
United States Attorney's Office for Eastern District of Oklahoma Obtains Forty-Six Indictments from Federal Grand JuriesRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced federal grand juries sitting in Muskogee recently completed two separate August and two separate September sessions and returned forty-six felony indictments, including four superseding indictments.
From the four grand jury sessions in August and September, twenty-eight indictments were publicly filed and eighteen remain sealed pending arrest of the charged defendants. Twenty-three of the unsealed charges involve crimes arising out of Indian Country. Six of the unsealed indictments are for murder or involuntary manslaughter, four are for sex crimes, and the balance contain allegations of assault with intent to commit murder, assault resulting in serious bodily injury, domestic violence, firearms violations, burglary, and robbery (including attempted robbery). The five unsealed non-Indian Country indictments involve possession with intent to distribute methamphetamine, firearms violations, and traveling with the intent to engage in illicit sexual conduct.
The following indictments were returned by the federal grand juries and filed in the United States District Court for the Eastern District of Oklahoma. The information listed in brackets is the county and reservation where the crime(s) allegedly occurred.
Murder Cases:
United States v. Jeriah Scott Budder (superseding indictment) – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i), (ii) & (iii); Count 3: Causing the Death of a Person in the Course of a Violation of Title 18, United States Code, Section 924(c) – 18 U.S.C. § 924(j); Forfeiture Allegation - 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c) [Cherokee County – Cherokee Nation Reservation]
United States v. Jeremy Matthew Girty – Count 1: Murder in Indian Country, Second Degree – 18 U.S.C. §§ 1111(a), 1151 & 1153 [Carter County – Chickasaw Nation Reservation]
United States v. Jimmy Louis Northcutt, Jr. (second superseding indictment) – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Murder in Perpetration of Burglary in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 3: Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i),(ii) & (iii); Count 4: Causing the Death of a Person in the Course of a Violation of Title 18 U.S.C. § 924(c) – 18 U.S.C. § 924(j)(1); Count 5: Burglary in the Second Degree in Indian Country – 18 U.S.C. §§ 1151, 1153 & 21 O.S.A. § 1435(A); Count 6: Felon in Possession of a Firearm – 18 U.S.C. §§ 922(g)(1) & 924(a)(2); Count 7: Possession of Stolen Firearm – 18 U.S.C. §§ 922(j) & 924(a)(2); Forfeiture Allegation – 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c) [Pontotoc County – Chickasaw Nation Reservation]
United States v. James Eric Parker (superseding indictment) – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Murder in Perpetration of Kidnapping in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 3: Murder in Perpetration of Kidnapping in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 4: Kidnapping Resulting in Death in Indian Country – 18 U.S.C. §§ 1201(a)(2), 1151 & 1153; Count 5: Causing the Death of a Person in the Course of a Violation of Title 18 U.S.C. § 924(c) – 18 U.S.C. § 924(j)(1); Forfeiture Allegation – 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c) [Carter County – Chickasaw Nation Reservation]
United States v. Troy Allen Stevenson – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i),(ii) & (iii); Count 3: Causing the Death of a Person in the Course of a Violation of Title 18, United States Code, Section 924(c) – 18 U.S.C. § 924(j)(1); Forfeiture Allegation – 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c) [Sequoyah County – Cherokee Nation Reservation]
Sexual Assault:
United States v. Dustin Kane Adams – Count 1: Aggravated Sexual Abuse of Child Under 12 in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(c), 1151 & 1152; Count 2: Abusive Sexual Contact in Indian Country – 18 U.S.C. §§ 2244(a)(5), 2246(3), 1151 & 1152 [Johnston County – Chickasaw Nation Reservation]
United States v. Clay Lee Scrivener – Count 1: Lewd and Indecent Touching of a Child Under 16 in Indian Country – 18 U.S.C. §§ 1151, 1152, 13 & 21 O.S.A. § 1123(A)(2) [Carter County – Chickasaw Nation Reservation]
United States v. Montelito Sanchez Simpkins (superseding indictment) – Count 1: Sexual Abuse of a Minor in Indian Country – 18 U.S.C. §§ 2243(a), 2246(2)(D), 1151 & 1152; Count 2: Abusive Sexual Contact in Indian Country – 18 U.S.C. §§ 2244(a)(3), 2246(3), 1151 & 1152 [Pontotoc County – Chickasaw Nation Reservation]
United States v. Jeffrey Brent Thomas – Count 1: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(D), 1151 & 1153; Count 2: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(D), 1151 & 1153; Count 3: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(D), 1151 & 1153; Count 4: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(D), 1151 & 1153; Count 5: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(D), 1151 & 1153; Count 6: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(D), 1151 & 1153 [Pittsburg County – Choctaw Nation Reservation]
Other Violent Crimes:
United States v. Michael Paul Blagg – Count 1: First Degree Burglary in Indian Country – 18 U.S.C. §§ 1151, 1153 & 21 O.S.A. § 1431; Count 2: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1153; Forfeiture Allegation – 18 U.S.C. § 924(d) & 28 U.S.C. § 2461(c) [Bryan County – Chickasaw Nation Reservation]
United States v. Cameron Dale Bowden – Count 1: Burglary in the Second Degree in Indian Country – 18 U.S.C. §§ 1151, 1153 & 21 O.S.A. § 1435(A); Count 2: Burglary in the Third Degree in Indian Country – 18 U.S.C. §§ 1151, 1153 & 21 O.S.A. § 1435(B) [Haskell County – Choctaw Nation Reservation]
United States v. Justin Blake Castillo – Count 1: Assault with a Dangerous Weapon with Intent to Do Bodily Harm in Indian Country - 18 U.S.C. §§ 113(a)(3), 1151 & 1152 [Sequoyah County – Cherokee Nation Reservation]
United States v. Terrell Eugene Delozier – Count 1: Domestic Violence in Indian Country – 18 U.S.C. §§ 2261(a)(1), 2261(b)(3), 1151 & 1152; Count 2: Assault With a Dangerous Weapon With Intent to Do Bodily Harm in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1152; Count 3: Burglary in the First Degree in Indian Country – 18 U.S.C. §§ 1151, 1152 & 21 O.S.A. § 1431; Count 4: Use, Carry and Brandish of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i) & (ii); Count 5: Child Neglect in Indian Country – 18 U.S.C. §§ 1151, 1152 & 21 O.S.A. § 843.5(C) [Pontotoc County – Chickasaw Nation Reservation]
United States v. Kody Fields, FVS-CHVTV Amos Lawhead, and Jimmy Dale Brown – Count 1: Robbery in Indian Country – 18 U.S.C. §§ 2111, 2, 1151 & 1153; Count 2: Use, Carry, and Brandish of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A) & 2 [Cherokee County – Cherokee Nation Reservation]
United States v. Raymond David Goldman – Count 1: Assault With a Dangerous Weapon With Intent to Do Bodily Harm in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1153; Count 2: Use, Carry, Brandish and Discharge of a Firearm During and In Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i),(ii) & (iii); Count 3: Felon in Possession of Ammunition – 18 U.S.C. §§ 922(g)(1) & 924(a)(2); Forfeiture Allegation – 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c) ) [Cherokee County – Cherokee Nation Reservation]
United States v. Ronald Edward Good – Count 1: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1152 [Carter County – Chickasaw Nation Reservation]
United States v. Andy Matthew Hyden a/k/a Andrew Mathew Hyden – Count 1: Robbery in Indian Country – 18 U.S.C. §§ 2111, 1151 & 1153; Count 2: Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151 & 1153; Count 3: Felon in Possession of Firearm and Ammunition – 18 U.S.C. §§ 922(g)(1) & 924(a)(2) [Pittsburg County – Choctaw Nation Reservation]
United States v. Gregory Alan Mouse, a/k/a Gregory Alan Fields, a/k/a Gregory Alan Fields-Mouse – Count 1: Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151 & 1153 [Cherokee County – Cherokee Nation Reservation]
United States v. Gregory Alan Mouse, a/k/a Gregory Alan Fields, a/k/a Gregory Alan Fields-Mouse – Count 1: Robbery in Indian Country – 18 U.S.C. §§ 2111, 1151 & 1153 [Cherokee County – Cherokee Nation Reservation]
United States v. Dustin James Patterson – Count 1: First Degree Burglary in Indian Country – 18 U.S.C. §§ 1151, 1153 & 21 O.S.A. § 1431; Count 2: Assault with a Dangerous Weapon in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1153; Count 3: Attempted Robbery in Indian Country – 18 U.S.C. §§ 2111, 1151 & 1153 [Adair County – Cherokee Nation Reservation]
United States v. Dustin James Patterson – Count 1: First Degree Burglary in Indian Country – 18 U.S.C. §§ 1151, 1153 & 21 O.S.A. § 1431; Count 2: Assault with a Dangerous Weapon in Indian Country – 18 U.S.C. § 113(a)(3), 1151 & 1153; Count 3: Attempted Robbery in Indian Country – 18 U.S.C. §§ 2111, 1151 & 1153 [Adair County – Cherokee Nation Reservation]
United States v. Hunter Caleb Spence – Count 1: Involuntary Manslaughter in Indian Country, 18 U.S.C. §§ 1112, 1151 & 1153 [LeFlore County – Choctaw Nation Reservation]
United States v. Amada Edith Winship – Count 1: Assault with Intent to Commit Murder in Indian Country – 18 U.S.C. §§ 113(a)(1), 1151 & 1153; Count 2: Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151 & 1153; Count 3: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1153; Count 4: Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i),(ii) & (iii); Forfeiture Allegation – 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c) [Pittsburg County – Choctaw Nation Reservation]
Non-Indian Crimes:
United States v. Eugene Lee Dozier, Sr. – Count 1: Engaging in the Business of Dealing, Importing, and Manufacturing Firearms without a License – 18 U.S.C. §§ 922(a)(1)(A) & 924(a)(2); Count 2: Transferring a Firearm to an Out of State Residence – 18 U.S.C. §§ 922(a)(5) & 924(a)(1)(D) [Pittsburg County]
United States v. Nicolas Isaiah Franco, a/k/a Nicholas Isaiah Franco – Count 1: Possession with Intent to Distribute Methamphetamine – 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(B) [Adair County]
United States v. Jeremy Matthew Girty – Count 1: Possession with Intent to Distribute Methamphetamine – 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(C); Count 2: Possession of a Firearm in Furtherance of a Drug Trafficking Crime – 18 U.S.C. § 924(c)(1)(A); Count 3: Felon in Possession of a Firearm – 18 U.S.C. §§ 922(g)(1) & 924(a)(2); Forfeiture Allegation – 18 U.S.C. § 924(d), 21 U.S.C. § 853 & 28 U.S.C. § 2461(c) [Carter County]
United States v. Bryan Todd Richardson, II – Count 1: Travel with Intent to Engage in Illicit Sexual Conduct – 18 U.S.C. § 2423(b); Count 2: Transportation of a Minor with Intent to Engage in Criminal Sexual Activity – 18 U.S.C. § 2423(a); Count 3: Travel With Intent to Engage in Illicit Sexual Conduct - 18 U.S.C. §§ 2423(b) [Wagoner County]
United States v. Bendrick Anthony Whitfield – Count 1: Possession With Intent to Distribute Methamphetamine – 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(A); Count 2: Distribution of Methamphetamine – 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(B); Count 3: Distribution of Methamphetamine – 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(B); Count 4: Possession of a Firearm in Furtherance of a Drug Trafficking Crime – 18 U.S.C. § 924(c)(1)(A); Count 5: Felon in Possession of a Firearm and Ammunition – 18 U.S.C. §§ 922(g)(1) & 924(a)(2); Forfeiture Allegation – 18 U.S.C. § 924(d), 21 U.S.C. § 853 & 28 U.S.C. § 2461(c) [McCurtain County]
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Individual Pleads Guilty to Murder in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Neil Shai-Cameron Lewis, age 26, entered a guilty plea to one count of Murder (Second Degree) in Indian Country.
The Indictment alleged that the crime occurred on or about March 21, 2020, at a Muscogee (Creek) Nation Low Rent Housing Edition located in Okmulgee County, Oklahoma. The defendant was homeless and staying with someone in the complex, and during the course of hours, a group of men drank and socialized in an apartment in the complex. They drank to excess and became intoxicated, and the defendant started to become argumentative and aggressive toward the other drinkers. The defendant then struck one of the men outside of the apartment, and the man was injured enough that EMS and the police were summoned. After attending to the injured man, the police knocked on the door to the apartment where the defendant and the other men had been drinking. Eventually, the defendant answered the door with blood all over his person, and the police discovered the victim, Deslin Gouge, who had been beaten severely and was lying on the floor. It appeared that the television set and a coat rack were used as weapons to inflict blunt force trauma on the victim. The victim subsequently died, and while in the county jail the defendant admitted to another inmate that he was a killer.
The charges arose from an investigation by the Muscogee Creek Nation Lighthorse Police and the Federal Bureau of Investigation.
The Honorable Kimberley 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.
Assistant U.S. Attorney George Gialketsis represented the United States.
Individual Pleads Guilty to Coercion and Enticement of A MinorRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Santiago “Jimmy” Perez III, age 40, entered a guilty plea to one count of Coercion and Enticement of a Minor, in violation of 18 United States Code Section 2422(b), punishable by a term of imprisonment of at least 10 years, a fine of up to $250,000.00, or both, a term of supervised release of at least 5 years, and a special assessment fee in the amount of $100.00.
The Indictment charged the defendant with crimes stemming from an incident occurring on or about May 3, 2019, in which the defendant visited the school of the victim, who was eleven years old at that time. The defendant removed the victim from school without the parents’ knowledge or consent, and the defendant took the victim to his residence in Westville, Oklahoma, which is in Adair County. Once in the home, the defendant attempted to sexually abuse the victim.
The charges arose from an investigation by the Adair County Sheriff’s Office, the Oklahoma State Bureau of Investigation, and the Federal Bureau of Investigation.
The Honorable Jodi Dishman, U.S. District Judge in the United States District Court for the Western District of Oklahoma, accepted the plea and ordered the completion of a presentence investigation report.
Assistant U.S. Attorney Anthony Marek represented the United States.
Individual Pleads Guilty to Child Neglect and Sexual Abuse in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Henry Charles Littlebear Redhat, age 29, entered a guilty plea to one count of child neglect, in violation of 18 United States Code Sections 1151, 1153, 2, and 21 Oklahoma Statute Section 843.5(C), punishable by a term of imprisonment of up to life imprisonment, and/or a fine of up to $250,000.00, a term of supervised release determined by the court, and a special assessment fee in the amount of $100.00, and one count of sexual abuse in Indian Country, in violation of 18 United States Code Sections 2242(2), 2246(2)(A), 2, 1151, and 1153, punishable by a term of imprisonment of up to life imprisonment, and/or a fine of up to $250,000.00, a term of supervised release determined by the court, and a special assessment fee in the amount of $100.00.
The Indictment alleged that the crimes occurred on or about February 26, 2020, at a residence in Ardmore, Oklahoma. Defendant Redhat engaged in sexual acts with a female victim who was unconscious and physically incapable of declining participation in such sex acts. A three-old child was awake and present during these events and Redhat willfully and maliciously failed to protect the child from exposure to the illicit sexual activity and the possession of marijuana.
The charges arose from an investigation by the Ardmore Police and the Federal Bureau of Investigation.
The Honorable Kimberley 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.
Assistant U.S. Attorney Edith Singer represented the United States.
Individual Pleads Guilty to Child NeglectRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Brooke Lynn Davidson, age 29, entered a guilty plea to one count of child neglect, in violation of 18 United States Code Sections 1151, 1153, 2, and 21 Oklahoma Statute Section 843.5(C), punishable by a term of imprisonment of up to life imprisonment, and/or a fine of up to $250,000.00, a term of supervised release determined by the court, and a special assessment fee in the amount of $100.00.
The Indictment alleged that the crime occurred on or about February 26, 2020, at a residence in Ardmore, Oklahoma. Defendant willfully and maliciously failed to protect a child from exposure to illicit sexual activity and the possession of marijuana.
The charges arose from an investigation by the Ardmore Police Department and the Federal Bureau of Investigation.
The Honorable Kimberley 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.
Assistant U.S. Attorney Edith Singer represented the United States.
Individual Pleads Guilty to Sexual Abuse of A Minor in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Jeffrey Denton Sumka, 27, entered a guilty plea to one count of Sexual Abuse of a Minor in Indian Country, in violation of 18 United States Code Sections 2243(a)(1), 2246(2)(A), 1151, and 1153, punishable by a term of imprisonment of up to 15 years, a fine of $250,000.00, a term of supervised release of not more than 5 years, and a special assessment in the amount of $100.00.
The Indictment alleged that from May 2017 until August 2020, Sumka knowingly engaged in sexual acts with a person who had attained 12 years of age but not yet attained 16 years of age, and who was at least four years younger than Sumka.
The charges arose from an investigation by the Muscogee Creek Nation Lighthorse Police Department and the Federal Bureau of Investigation.
The Honorable Kimberley 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.
Assistant U.S. Attorney Morgan Muzljakovich represented the United States.
Individual Pleads Guilty to Possession with Intent to Distribute MethamphetamineRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Jose Ramon Gutierrez, 33, entered a guilty plea to one count of Possession with Intent to Distribute Methamphetamine, in violation of 21 United States Code Sections 841(a)(1), 841(b)(1)(A) and 2, punishable by a term of imprisonment of not less than 10 years to life, a fine of $10,000,000.00, or both, a mandatory term of supervised release of at least 5 years, and a special assessment in the amount of $100.00.
The Indictment alleged that on or about March 12, 2021, an Oklahoma Highway Patrol Trooper observed a white Mazda CX-9 speeding eastbound on I-40 near Sallisaw, Oklahoma. The trooper stopped the Mazda (which had a driver and passenger in it) for the traffic violation, and the trooper smelled marijuana when speaking with the driver of the car, which was a rental car. Due to the smell of marijuana, a search of the vehicle was conducted, and the search led to the recovery of two THC vape pens, four cell phones, and a gray Oakley backpack from the rear cargo area. Inside the backpack, twenty vacuum-sealed clear packages containing a crystalline substance were found. A presumptive field test indicated that the substance contained methamphetamine weighing approximately 10.5 gross kilograms (including packaging). During a subsequent interview, the defendant admitted that he rented the car and had travelled to Alabama with the driver on a previous occasion.
The charges arose from an investigation by the Oklahoma Highway Patrol and the Drug Enforcement Administration.
The Honorable Kimberley 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.
Assistant U.S. Attorney Ryan Conway represented the United States.
Individual Pleads Guilty to Possession with Intent to Distribute MethamphetamineRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Jeffrey Eduardo Angel, 32, entered a guilty plea to one count of Possession with Intent to Distribute Methamphetamine, in violation of 21 United States Code Sections 841(a)(1), 841(b)(1)(A) and 2, punishable by a term of imprisonment of not less than 10 years to life, a fine of $10,000,000.00, or both, a mandatory term of supervised release of at least 5 years, and a special assessment in the amount of $100.00.
The Indictment alleged that on or about March 12, 2021, an Oklahoma Highway Patrol Trooper observed a white Mazda CX-9 speeding eastbound on I-40 near Sallisaw, Oklahoma. The trooper stopped the Mazda (which had a driver and passenger in it) for the traffic violation, and the trooper smelled marijuana when speaking with the defendant, who was driving the rental car. Due to the smell of marijuana, a search of the vehicle was conducted, and the search led to the recovery of two THC vape pens, four cell phones, and a gray Oakley backpack from the rear cargo area. Inside the backpack, twenty vacuum-sealed clear packages containing a crystalline substance were found. A presumptive field test indicated that the substance contained methamphetamine weighing approximately 10.5 gross kilograms (including packaging). During a subsequent interview, the defendant confirmed his knowledge of the methamphetamine as well as his intent to transport it to Birmingham, Alabama.
The charges arose from an investigation by the Oklahoma Highway Patrol and the Drug Enforcement Administration.
The Honorable Kimberley 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.
Assistant U.S. Attorney Ryan Conway represented the United States.
Individual Pleads Guilty to Possessing Contraband in A PrisonRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that David Hurl Lemmon, 48, entered a guilty plea to Possessing Contraband in a Prison, in violation of 18 United States Code Sections 1791 (d)(1)(F), punishable by imprisonment for a period of one year and/or a fine of up to $100,000.00, a term of supervised release of up to one year, and a special assessment in the amount of $25.00.
The Indictment alleged that on or about April 12, 2021, an FBI Task Force Officer (TFO) received a report of a disturbance in the X-Pod at the Okmulgee County Jail. The X-Pod houses Federal inmates in accordance with a contract between the United States Marshals Service and the Okmulgee County Criminal Justice Authority. Upon arrival, the TFO was informed the disturbance had been ongoing and had escalated into a riot situation. When additional law enforcement arrived, a team was formed to enter the pod and restore order. As the officers entered the pod, a group of inmates begin throwing pieces of concrete at the officers. The riot lasted approximately two and one-half hours before order was restored, and some of the inmates (including Lemmon) used cellular phones during the riot. A total of nine inmates (including Lemmon) were charged with federal offenses.
The charges arose from an investigation by the United States Department of Homeland Security Investigations, the United States Marshals Service, the Federal Bureau of Investigation, the Okmulgee County Sheriff’s Office, the Okmulgee Police Department, the Okmulgee County Jail, and the Henryetta Police Department.
The Honorable Steven Shreder, 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.
Individual Pleads Guilty to Felony Murder in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Melvin James Battiest, 60, entered a guilty plea to one count of Felony Murder in Indian Country, in violation of 18 United States Code Sections 1111, 1151 and 1153, punishable by a term of imprisonment of not more than life, a fine of $250,000.00, and a term of supervised release of not less than 5 years.
The Indictment alleged that on or about April 23, 1984, deputies of the Wagoner County Sheriff’s Office responded to a call about a body that was found in the Wahoo Bay in the Fort Gibson Lake area. An autopsy revealed that the person found (Donald Cantrell) died of blunt force trauma to the head and chest. During a subsequent investigation, the defendant admitted that he and another man robbed and murdered Mr. Cantrell at Wahoo Bay and stole his truck and burned it. The defendant took detectives to the crime scene and showed them where everything took place.
The charges arose from an investigation by the Wagoner County Sheriff’s Office, the Muskogee Police Department, and the Federal Bureau of Investigation.
The Honorable Timothy D. Degiusti, U.S. District Judge in the United States District Court for the Western District of Oklahoma, accepted the plea and ordered the completion of a presentence investigation report.
Assistant U.S. Attorney Ryan Conway represented the United States.
Individual Pleads Guilty to Assault with A Dangerous Weapon in Indian Country and Discharge of Firearm in Relation to A Crime of ViolenceRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Shylow Shane Young, 37, entered a guilty plea to one count of Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, in violation of 18 United States Code Sections 113(a)(3), 1151 and 1153, punishable by a term of imprisonment of up to 10 years, a fine of $250,000.00, a term of supervised release of not more than 3 years, and a special assessment in the amount of $100.00, and to one count of Use, Carry, Brandish, and Discharge of a Firearm During and in Relation to a Crime of Violence, in violation of 18 United States Code Section 924(c)(1)(A)(i)(ii)(iii), punishable by a term imprisonment of not less than 10 years in addition to the punishment provided for such crime of violence, a fine of $250,000.00, a term of supervised release of not more than 3 years, and a special assessment in the amount of $100.00.
The Indictment alleged that on or about September 5, 2020, officers of the Sallisaw Police Department responded to a trespass call at a horse barn in Sallisaw, Oklahoma, where they discovered the defendant and repeatedly instructed him to leave. The defendant refused to do so, and the police informed him that he was under arrest. During the arrest the defendant began physically resisting arrest and engaged in an extended physical confrontation, during which, the defendant grabbed one of the officer’s firearms and discharged a round which travelled through the officer’s holster and caused bodily injury to an assisting officer after ricocheting off the ground.
The charges arose from an investigation by the Sallisaw Police Department and the Federal Bureau of Investigation.
The Honorable Kimberley 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.
Assistant U.S. Attorney Charles Bucca represented the United States.
Individual Pleads Guilty to Arson of A Dwelling in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Dillion McClain, 32, entered a guilty plea to Arson of a Dwelling in Indian Country in violation of 18 United States Code Sections 81, 1151 and 1153, punishable by imprisonment for any term of years or for life and/or a fine of $250,000.00, a term of supervised release not more than 5 years, and a special assessment in the amount of $100.00.
The Indictment alleged that on or about January 27, 2021, the Pontotoc County Sheriff’s Office was dispatched to a private residence in Ada, Oklahoma for a house fire, and four separate smoldering fires were extinguished and there was a haze of smoke inside the home. The defendant is the son of the owner/renter of the home, and the defendant posted a video with audio on Facebook of him burning property inside the home. A review of the audio of the Facebook posting revealed that the defendant states on the audio that the “whole house is fixing to go up into flames in about 30 minutes.”
The charges arose from an investigation by the Pontotoc County Sheriff’s Office and the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Honorable Kimberley 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.
Assistant U.S. Attorney Kevin Gross represented the United States.
Individual Pleads Guilty to Possession with Intent to Distribute Methamphetamine and Possession of Firearm in Furtherance of Drug TraffickingRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Timothy Allen Stacy, II, 33, entered a guilty plea to one count of Possession with Intent to Distribute Methamphetamine, in violation of 21 United States Code Sections 841(a)(1) and 841(b)(1)(B), punishable by a term of imprisonment that may not be less than 5 years and not more than 40 years, a fine not to exceed the greater of that authorized in accordance with the provisions of Title 18 or $5,000,000.00, or both, a term of supervised release to be determined by the court, and a special assessment in the amount of $100.00, and one count of Possession of a Firearm in Furtherance of Drug Trafficking Crime, in violation of 18 United States Code Sections 924(c)(1)(A) and 924(c)(1)(B)(i), punishable by a term of imprisonment of not less than 10 years, a fine of up to $250,000.00, a term of supervised release to be determined by the court, and a special assessment in the amount of $100.00.
The Indictment charged defendant with crimes stemming from an incident on January 5, 2021 where officers were dispatched to a convenience store in Henryetta, Oklahoma regarding a male in a Jeep trying to run over a female. The defendant was found sitting in his Jeep in front of the store and told the officer that he was fighting with his girlfriend and trying to get her back in the vehicle. Upon the defendant’s exit from his Jeep, the police officer observed a loaded pistol magazine fall to the floorboard. A subsequent search of the vehicle revealed several firearms, to include a shotgun with a modified barrel of less than 18 inches, over 100 rounds of ammunition of various calibers, two notebooks/journals, scales, baggies and a bag that contained a white crystal-like substance. That crystal-like substance tested positive for methamphetamine and weighed 43.03 grams. At the plea, the defendant admitted that he intended to sell or distribute the methamphetamine and that he possessed the numerous weapons to provide protection for his drugs and money.
The charges arose from an investigation by the Henryetta Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Drug Enforcement Administration.
The Honorable Scott Palk, U.S. District Judge in the United States District Court for the Western District of Oklahoma, accepted the plea and ordered the completion of a presentence investigation report.
Assistant U.S. Attorney Edith Singer represented the United States.
Pittsburg County Resident Pleads Guilty to Assault Resulting in Serious Bodily Injury in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Jeffrey Dywane Holcomb, age 24, of Pittsburg County, Oklahoma pleaded guilty to Assault Resulting in Serious Bodily Injury in Indian Country, in violation of Title 18, United States Code, Sections 113(a)(6), 1151 and 1153, punishable by imprisonment for a period of not more than 10 years and/or a fine of up to $250,000, a term of supervised release of not more than 3 years, and a special assessment fee of $100.
The facts and circumstances occurred on the evening of July 12, 2020 in the City of McAlester, Oklahoma. The defendant and victim were in a verbal dispute when the defendant struck the victim several times causing him to lose consciousness, fall and hit his head on the pavement below. The victim’s injuries were so severe that he was airlifted to a hospital in Tulsa, Oklahoma for treatment.
The McAlester Police Department and Federal Bureau of Investigation investigated the case.
U.S. District Judge Charles B. Goodwin accepted the plea and ordered the completion of a presentence investigation report. Special Assistant U.S. Attorneys Robert Moody and Mike Shannon represented the United States.
Tulsa Resident Pleads Guilty to Robbery in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Hunter Ray Kelley, 20, entered a guilty plea to Robbery in Indian Country in violation of 18 United States Code Sections 1151, 1152, and 2111, punishable by imprisonment for a period of no more than 15 years and/or a fine of up to $250,000.00, a term of supervised release to be determined by the Court, and a special assessment fee in the amount of $100.00.
The Indictment alleged that on or about May 13, 2021, the defendant went inside a convenience store brandishing what appeared to be a tan AR-15-style rifle. The defendant pointed the rifle at the clerk and demanded money. When the defendant left the store, it was with cash, cartons of cigarettes, loose cigars and cigarillos, and lighters. The defendant then led police officers and deputy sheriffs on a high-speed chase before he stopped and surrendered.
The charges arose from an investigation by the Okmulgee Police Department, the Okmulgee Sheriff’s Office, and the Federal Bureau of Investigation.
The Honorable Jodi Warmbrod Dishman, 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.
Assistant U.S. Attorney Anthony C. Marek represented the United States.
Okmulgee County Inmate Pleads Guilty to Rioting in Federal Detention FacilityRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Jason Don Rowan, 38, entered a guilty plea on August 31, 2021, to Rioting in a Federal Detention Facility, 18 U.S.C. §§ 1792, 2, punishable by imprisonment for a period of up to 10 years and/or a fine of up to $250,000.00, supervised release of not more than 3 years, and a special assessment fee in the amount of $100.00.
The Indictment alleged that on or about April 12, 2021, an FBI Task Force Officer (TFO) received a report of a disturbance in the X-Pod at the Okmulgee County Jail. The X-Pod houses Federal inmates in accordance with a contract between the U.S. Marshals Service and the Okmulgee County Criminal Justice Authority. Upon arrival, the TFO was informed the disturbance had been ongoing and had escalated into a riot situation. When additional law enforcement arrived, a team was formed to enter the pod and restore order. As the officers entered the pod, a group of inmates begin throwing pieces of concrete at the officers, which included three federal law enforcement officers. The riot lasted approximately two and one-half hours before order was restored, and a total of nine inmates (including Rowan) were charged with federal offenses.
The charges arose from an investigation by the United States Department of Homeland Security Investigations, the United States Marshals Service, the Federal Bureau of Investigation, the Okmulgee County Sheriff’s Office, the Okmulgee Police Department, the Okmulgee County Jail, and the Henryetta Police Department.
The Honorable Steven Shreder, 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.
Muskogee Resident Convicted of Killing Twin BrotherRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Kyle Joseph Vannortwick, age 36, of Muskogee, Oklahoma was found guilty by a federal jury of Murder –Second Degree in Indian Country, in violation of Title 18, United States Code, Sections 1111(a), 1151 and 1153. The jury trial began with testimony on Monday, August 16, 2021 and concluded on Tuesday, September 7, 2021 with the guilty verdict. The defendant faces up to life imprisonment for the crime the jury found he committed.
During the trial, the United States presented evidence that on February 18, 2018, the defendant assaulted his brother, Adam Vannortwick, in their home. During the assault, the defendant stabbed the victim three times with a BBQ Knife; once in the head, once in the neck and once in the chest. As a result of the stab wounds, the victim lost a substantial amount of blood prior to medical treatment and ultimately succumbed to those injuries. The defendant was apprehended at the scene of the incident. The defendant claimed the death was accidental. At trial, the defendant testified his brother attacked him and he pushed him away causing the brother to fall on a kitchen table where the BBQ knife was laying. In closing argument, the defense contended the three stab wounds must have occurred when the victim landed on the table. Conversely, the United States argued the defense theory was impossible and the evidence demonstrated the defendant stabbed his twin brother three separate times causing his death.
The case was originally set to be tried in the District Court of Muskogee County, Oklahoma where the murder took place. However, after the United States Supreme Court determined the Muscogee (Creek) Reservation had never been disestablished by Congress, the case had to be dismissed in state court and refiled in federal court because the murder happened in Muskogee County, within the boundaries of Muscogee (Creek) Nation Reservation and the defendant was a member of a federally recognized Indian Tribe.
The guilty verdict was the result of an investigation by the Muskogee Police Department and the Federal Bureau of Investigation.
The Honorable Ronald A. White, Chief 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. Vannortwick was remanded to the custody of the United States Marshal pending imposition of sentencing.