Eastern District of Oklahoma

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Brittney Nicole Schmidt, 28, entered a guilty plea to Involuntary Manslaughter in Indian Country, in violation of 18 United States Code Sections 1151, 1153, and 1112, punishable by imprisonment for a period of up to 8 years and/or a fine of up to $250,000.00 and a special assessment fee in the amount of $100.00.

The Indictment alleged that on or about August 15, 2018, within the Eastern District of Oklahoma, in Indian Country, the defendant did unlawfully kill another human being while in the commission of an unlawful act not amounting to a felony, that is operating a motor vehicle under the influence of one or more intoxicating substances, contrary to 47 Oklahoma Statute Section 11-902, without due caution and circumspection and with a wanton and reckless disregard for human life, and knew and should have known that her conduct imperiled the lives of others.

The charges arose from an investigation by the Oklahoma Highway Patrol, the Colbert and Calera City Police Departments and the Federal Bureau of Investigation.

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

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Robert Wayne Thompson, age 54, of Broken Arrow, Oklahoma was found guilty by a federal jury of the lesser included offense of Assault by Striking, Beating, or Wounding in Indian Country, in violation of Title 18, United States Code, Sections 113(a)(4), 1151 and 1153. The defendant was indicted by a federal grand jury last February with 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. The jury trial began with testimony on Tuesday, August 31, 2021 and concluded on Wednesday, September 1, 2021 with the guilty verdict. Based on the jury’s verdict, the defendant is facing up to 1 year of imprisonment.

During the trial, the United States presented evidence that the defendant assaulted an individual by picking up a bar stool and striking the victim on the head, causing a head laceration.

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 Wagoner County, within the boundaries of the Muscogee (Creek) Reservation, and within the Eastern District of Oklahoma.

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

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

Assistant United States Attorneys Benjamin Traster and Rob Wallace represented the United States.
 

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Jimcy McGirt, age 72, of Holdenville, Oklahoma was sentenced to life imprisonment and five years supervised release for two counts of Aggravated Sexual Abuse In Indian Country, and one count of Abusive Sexual Contact in Indian Country in violation of Title 18, United States Code, Sections 1151, 1153, 2241(c) and 2246(2). The life sentences on each count were ordered to run concurrently.

In 1997, Jimcy McGirt was tried and convicted of First Degree Rape by Instrumentation, Lewd Molestation, and Forcible Sodomy in the District Court of Wagoner County. While serving two 500 year sentences and a sentence of life without parole in the Oklahoma Department of Corrections, McGirt, an Indian, challenged his conviction, arguing the crimes occurred in the Muscogee (Creek) Nation Reservation and Congress had never disestablished the reservation, therefore, the State of Oklahoma did not have jurisdiction to prosecute him. On July 9, 2020, the United States Supreme Court agreed with McGirt and vacated his state convictions.

McGirt was subsequently charged in the United States District Court for the Eastern District of Oklahoma. Last November, McGirt was convicted by a federal jury after evidence was presented proving the defendant sexually assaulted a four-year-old child. 

“The sentences imposed today are the culmination of many hours of investigation, case preparation, legal research and case presentation by Assistant United States Attorneys Sarah McAmis and Courtney Jordan,” said Acting United States Attorney Christopher J. Wilson. “Through tremendous cooperation with the Federal Bureau of Investigation, our office was able to help provide justice for the victim. We are elated Judge Heil followed the government’s recommendation and sentenced the defendant to a term of life imprisonment, which was above the advisory sentencing guideline range of 210-262 months. Today’s non-paroleable sentence will ensure the defendant is never be able to victimize another child.”

"While Jimcy McGirt's abhorrent crimes devastated and traumatized his community for years, the incredible bravery of his victims ultimately secured today's sentence," said FBI Oklahoma City Special Agent in Charge Melissa Godbold. "Because of their courage, Mr. McGirt will never again harm a child. FBI investigators were proud to partner with the U.S. Attorney's Office for the Eastern District of Oklahoma on this landmark case."

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. Assistant United States Attorneys Sarah McAmis and Courtney Jordan represented the United States. McGirt 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.

This morning the Oklahoma Court of Criminal Appeals issued its decision in State ex rel. Matloff v. Wallace holding the United States Supreme Court’s ruling in McGirt v. Oklahoma does not apply retroactively. The United States Attorney’s offices in Oklahoma are reviewing today’s OCCA opinion and assessing its potential impact on cases previously referred to the United States for potential federal criminal prosecution,” said Acting United States Attorneys Christopher Wilson, Clint Johnson and Robert Troester. “In the interim, our offices will continue to focus on our mission of ensuring public safety and holding defendants accountable for their criminal acts.”

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Patrick Dwayne Murphy, age 52, of Vernon, 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, 2, 1151 and 1153; Murder in Indian Country in Perpetration of Kidnapping, in violation of Title 18, United States Code, Sections 1111(a), 2, 1151 and 1153; and Kidnapping Resulting in Death, in violation of Title 18, United States Code, Sections 1201(a)(2), 2, 1151 and 1153. The defendant was acquitted on one count of Kidnapping Resulting in Death. The jury trial began with testimony on Tuesday, August 3, 2021 and concluded on Thursday, August 5, 2021 with the guilty verdicts. The defendant faces imprisonment for life for the crimes the jury found he committed.

During the trial, the United States presented evidence that the defendant, two days prior to the murder, stated he would kill George Jacobs.  Later, on August 28, 1999, the defendant found George Jacobs and Jacobs’ friend, M.S., traveling 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.  After stopping George Jacobs and M.S., the defendant, along with two others, attacked George Jacobs. After beating and kicking Jacobs, the defendant cut the victim’s throat with a knife and cut off the victim’s 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.

The case was originally tried in McIntosh County, Oklahoma where the defendant was convicted and received the death penalty.  However, after the United States Supreme Court ruling in McGirt v. Oklahoma, the case had to be retried in federal court because the murder happened within the boundaries of the Muscogee (Creek) Nation’s Reservation and the defendant was a member of a federally recognized Indian Tribe.

“I am thankful Patrick Murphy has been held accountable for the vicious killing of George Jacobs,” said Acting United States Attorney Christopher Wilson.  “Justice was interrupted for a period of time due to the jurisdictional challenges raised by the defendant, but justice was not thwarted.  Through the excellent work of the Oklahoma State Bureau of Investigation, the Federal Bureau of Investigation and the United States Attorney’s Office, the evidence was presented to the jury and the guilty verdicts were returned.  I know it has been a tumultuous time for the family of Mr. Jacobs, but they can now rest assured the defendant will pay for his crimes.”

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. Murphy was remanded to the custody of the United States Marshal pending the imposition of sentencing.

Assistant United States Attorney Jarrod Leaman and Special Assistant United States Attorney Robert Reeves represented the United States.

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 July sessions and returned twenty-eight (five under seal) felony indictments, including six superseding indictments.

The Eastern District of Oklahoma has experienced a dramatic increase in Indian Country cases for federal prosecution due to the U.S. Supreme Court decision of McGirt v. Oklahoma and recent Oklahoma Court of Criminal Appeals rulings. These opinions determined the reservations of the Five Civilized Tribes were never disestablished by Congress, and therefore, the United States has primary federal jurisdiction to prosecute major crimes committed by—or against—Native Americans occurring within the 26 counties of the Eastern District of Oklahoma. In response to the caseload rise, a second grand jury was empaneled in the Eastern District in the month of July. 

From the two grand jury sessions in July, twenty-three indictments were publicly filed and five remain sealed pending arrest of the charged defendants. All but three of the unsealed charges involve crimes arising out of Indian Country. Four of the unsealed indictments are for murder or involuntary manslaughter, six are for sex crimes, and the balance contain allegations of assault with a dangerous weapon or resulting in serious bodily injury, assault with intent to commit murder, kidnapping, burglary, firearm violations, and robbery. The three unsealed non-Indian Country indictments involve possession with intent to distribute methamphetamine and firearm violations.

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:

United States v. Wendy Dawn Johnson – Count 1: Involuntary Manslaughter in Indian Country, 18 U.S.C. §§ 1112, 1151 & 1153 [McIntosh County – Muscogee (Creek) Nation Reservation]

United States v. Tyler Jay Mullins (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 and Murder of a Person in the Course of a Violation to Title 18 U.S.C. § 924(c), 18 U.S.C. § 924(j)(1) [Pontotoc County – Chickasaw Nation Reservation]

United States v. Michael Lee Wolfe and Carlos Allen Locust (superseding indictment) – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151, 1153 & 2 [Adair County – Cherokee Nation Reservation]

United States v. Allysa Lynn Turner –  Count 1: Murder in Indian Country, 18 U.S.C. §§ 1111(a), 1151 & 1152; 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 to Title 18, United States Code, Section 924(c), 18 U.S.C. § 924(j)(1); Forfeiture Allegation, 18 U.S.C. § 924(d) & 28 U.S.C. § 2461(c) [Latimer County – Choctaw Nation Reservation]

Sexual Assault:

United States v. Jimmy Dean Altom – Count 1: Aggravated Sexual Abuse of a Child in Indian Country, 18 U.S.C. §§ 2241(c) 2246(2)(D), 1151 & 1152; Count 2: Sexual Abuse of a Minor in Indian Country, 18 U.S.C. §§ 2243(a), 2246(2)(A), 1151 & 1152; Count 3: Sexual Abuse in Indian Country, 18 U.S.C. §§ 2242(1), 2246(2)(A), 1151 & 1152; Count 4: Sexual Abuse of a Minor in Indian Country, 18 U.S.C. §§ 2243(a), 2246(2)(D), 1151 & 1152 [Atoka County– Choctaw Nation Reservation]

United States v. Dallas Tyler Ewton –  Counts 1 and 2: Aggravated Sexual Abuse of a Child in Indian Country, §§ 1151, 1153, 2241(c) & 2246(2)(B); Count 3: Aggravated Sexual Abuse of a Child in Indian Country, 18 U.S.C. §§ 1151, 1153, 2241(a) & 2246(2)(C); Counts 4 and 5: Aggravated Sexual Abuse of a Child in Indian Country, 18 U.S.C. §§ 1151, 1153, 2241(a) & 2246(2)(B); Count 6: Aggravated Sexual Abuse of a Child in Indian Country, 18 U.S.C. §§ 1151, 1153, 2241(a) & 2246(2)(C); Counts 7 and 8: Sexual Abuse of a Minor in Indian Country, 18 U.S.C. §§ 1151, 1153, 2243(a) & 2246(2)(B); Count 9: Sexual Abuse of a Minor in Indian Country, 18 U.S.C. §§ 1151, 1153, 2243(a) & 2246(2)(C); Counts 10 and 11: Sexual Abuse of a Ward in Indian Country, 18 U.S.C. §§ 1151, 1153, 2243(b) & 2246(2)(B); Count 12: Sexual Abuse of a Ward in Indian Country, 18 U.S.C. §§ 1151, 1153, 2243(b) & 2246(2)(C); Counts 13 and 14: Abusive Sexual Contact in Indian Country, 18 U.S.C. §§ 1151, 1153, 2244(a)(3) & 2246(3); Counts 15 and 16: Abusive Sexual Contact in Indian Country, 18 U.S.C. §§ 1151, 1153, 2244(a)(4) & 2246(3); Count 17: Tampering with a Witness in Indian Country, 18 U.S.C. §§ 1151, 1153 & 1512(a)(2)(c) [Okmulgee County – Muscogee (Creek) Nation Reservation]

United States v. Damian Wade Baldridge – Counts 1, 3 and 6: Assault Resulting in Serious Bodily Injury in Indian Country, 18 U.S.C. §§ 113(a)(6), 1151 & 1153; Counts 2 and 5: Assault Resulting in Substantial Bodily Injury to a Spouse, Intimate Partner or Dating Partner in Indian Country, 18 U.S.C. §§ 113(a)(7), 1151 & 115; Count 4: Kidnapping in Indian Country, 18 U.S.C. §§ 1201 (a)(2), 1151 & 1153; Count 7: Aggravated Sexual Abuse in Indian Country, 18 U.S.C. §§ 1151, 1153, 2241(a) & 2246 (2)(C)  [Cherokee County – Cherokee Nation Reservation]

United States v. Levi Cody Root, Sr. (superseding indictment) – Count 1: Aggravated Sexual Abuse in Indian Country, 18 U.S.C. §§ 2241(c), 2246(2)(A), 1151 & 1152; Count 2: Aggravated Sexual Abuse in Indian Country, 18 U.S.C. §§ 2241(c), 2246(2)(B), 1151 & 1152; Count 3: Aggravated Sexual Abuse in Indian Country, 18 U.S.C. §§ 2241(c), 2246(2)(D), 1151 & 1153; Count 4: Sexual Abuse of a Minor in Indian Country, 18 U.S.C. §§ 2243, 2246(2)(B), 1151 & 1152; Count 5: Sexual Abuse of a Minor in Indian Country, 18 U.S.C. §§ 2243, 2246(2)(D), 1151 & 1152 [Seminole County – Seminole Nation Reservation]

United States v. Tyler James Stephens (second superseding indictment) – Count 1: Stalking, 18 U.S.C. § 2261(2)(B); Count 2: Extortionate Interstate Communications, 18 U.S.C. § 875(d); Counts 3 and 4: Video Voyeurism in Indian Country (Misdemeanor), 18 U.S.C. §§ 1151, 1152 & 1801(a); Count 5: Attempted First Degree Burglary in Indian Country, 18 U.S.C. §§ 1151, 1153 & 21 O.S.A. §§ 44 & 1431; Count 6: Attempted Sexual Abuse in Indian Country, 18 U.S.C. §§ 2242(1), 2246(2)(A), 1151 & 1153; Counts 7 and 8: First Degree Burglary in Indian Country, 18 U.S.C. §§ 1151, 1153 & 21 O.S.A. § 1431 [McIntosh County – Muscogee (Creek) Nation Reservation]

United States v. Brooke Lynn Davidson and Henry Charles Littlebear Redhat (superseding indictment) – Count 1: Child Neglect in Indian Country, 18 U.S.C. §§ 1151 & 1153 & 21 O. S. A. § 843.5(C); Count 2: Sexual Abuse in Indian Country, 18 U.S.C. §§ 2242(2), 2246(2)(A), 1151 & 1153; Count 3: Sexual Abuse in Indian Country, 18 U.S.C. §§ 2242(2), 2246(2)(B), 1151 & 1153; Count 4: Abusive Sexual Contact in Indian Country, 18 U.S.C. §§ 2244(a)(2), 2246(3), 1151 & 1153 [Carter County – Chickasaw Nation Reservation]

Other violent crime in Indian Country:

United States v. v. Francisco Perez – 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; Count 2: Assault Resulting in Serious Bodily Injury in Indian Country, 18 U.S.C. §§ 113(a)(6), 1151 & 1152; 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); Forfeiture Allegation, 18 U.S.C. § 924(d) & 28 U.S.C. § 2461(c) [Leflore County – Choctaw Nation Reservation]

United States v. Lakota Watson – Count 1: Assault Resulting in Serious Bodily Injury in Indian Country, 18 U.S.C. §§ 113(a)(6), 1151 & 1153; 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; 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) [Okmulgee County – Muscogee (Creek) Nation Reservation]

United States v. Andre Lavell Tatum – Count 1: Assault with Intent to Murder in Indian Country, 18 U.S.C. §§ 113(a)(1), 1151, & 1152; Count 2: Assault with a Dangerous Weapon in Indian Country, 18 U.S.C. §§ 113(a)(1), 1151 & 1152; Count 3: Discharging a Firearm during a Crime of Violence, 18 U.S.C. § 942(c)(1)(A)(iii) [Muskogee County – Muscogee (Creek) Nation Reservation]

United States v. Shawn Claude Rose –  Count: 1 Assault with a Dangerous Weapon in Indian Country, 18 U.S.C. §§ 113(a)(3), 1151 & 1153; Count 2: Assault Resulting in Serious Bodily Injury In Indian Country, 18 U.S.C. §§ 113(a)(6), 1151 and 1153; Count 3: Assault with a Dangerous, with Intent to do Great Bodily Harm in Indian Country, 18 U.S.C. §§ 113(a)(3), 1151 & 1153; Count 4: Assault Resulting in Serious Bodily Injury In Indian Country, 18 U.S.C. §§ 113(a)(6), 1151 & 1153 [Adair County – Cherokee Nation Reservation]

United States v. Shawn Claude Rose - Count 1: Assault with Intent to Commit Murder in Indian Country, 18 U.S.C. §§ 113(a)(1), 1151 & 1153; Count 2: Assault with a Dangerous Weapon in Indian Country, 18 U.S.C. §§ 113(a)(3), 1151 & 1153; Count 3: Assault Resulting in Serious Bodily Injury in Indian Country, 18 U.S.C. §§ 113(a)(6), 1151 & 1153; Count 4: Assault with a Dangerous Weapon in Indian Country, 18 U.S.C. §§ 113(a)(3), 1151 & 1153; Count 5: Assault Resulting in Serious Bodily Injury in Indian Country, 18 U.S.C. §§ 113(a)(6), 1151 & 1153; Count 6: 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) [Adair County – Cherokee Nation Reservation]

United States v. Nathan Delann Horner – 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; Count 2: Assault Resulting in Serious Bodily Injury in Indian Country, 18 U.S.C. §§ 113(a)(6), 1151 & 1153 [Bryan County – Choctaw Nation Reservation]

United States v. Antonio Morice Brooks –  Count 1: Assault with Intent to Commit Murder in Indian Country, 18 U.S.C. §§ 113(a)(1), 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: 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: Felon in Possession of Ammunition, 18 U.S.C. §§ 922(g)(1) & 924(a)(2) [Atoka County –  Choctaw Nation Reservation]

United States v. Aaron Isaiah Johnson  (superseding indictment) –  Count 1: Kidnapping in Indian Country, 18 U.S.C. §§ 1201(a)(2), 1151, 1153 & 1201(a)(2) & 2; Count 2: Robbery in Indian Country, 18 U.S.C. §§ 2111, 1151, 1153 & 2; Count 3: Use, Carry and Brandish of Firearm During and in Relation to a Crime of Violence, 18 U.S.C. §§ 924(c)(1)(A) & (ii) & 2; Count 4: Conspiracy to Commit Robbery in Indian Country, 18 U.S.C. § 371; Count 5: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, 18 U.S.C. §§ 113(a)(3), 1151, 1153 & 2; Count 6: Robbery in Indian Country, 18 U.S.C. §§ 2111, 1151, 1153 & 2; Count 7: Use, Carry and Brandish of Firearm During and in Relation to a Crime of Violence, 18 U.S.C. §§ 924(c)(1)(A)(i) & (ii) & 2; Count 8: Burglary in the Second Degree in Indian Country, 18 U.S.C. §§ 1151, 1153 & 21 O.S.A. § 1435(A); Count 9: Burglary in the Second Degree in Indian Country, 18 U.S.C. §§ 1151, 1153 & 21 O.S.A. § 1435(A) [Muskogee County and Wagoner County –  Muscogee (Creek) Nation Reservation]

United States v. Kaleb Lee Oss – Count 1: Assault Resulting in Serious Bodily Injury, 18 U.S.C. §§ 113(a)(6), 1151 & 1153 [Pittsburg County – Choctaw Nation Reservation]

United States v. Kaleb Lee Oss - Count 1: First Degree Burglary in Indian Country, Title 18 U.S.C. §§ 13, 1151, 1153 & 21 O.S.A. § 1431; Count 2: Robbery in Indian Country, 18 U.S.C. §§ 2111, 1151 & 1153; Count 3: Use, Carry, and Brandish a Firearm During and in Relation to a Crime of Violence, 18 U.S.C. §§ 924(c)(1)(A)(i)(ii), 1151 & 1153; Count 4: Felon in Possession of a Firearm, 18 U.S.C. §§ 922(g)(1) & 924(a)(2); [Pittsburg County –  Choctaw Nation Reservation]

Non-Indian Country offenses:

United States v. Jagger Levi Gordon – Count 1: Possession with Intent to Distribute Methamphetamine, 21 U.S.C. § 841(b)(1)(B)(viii); Count 2: Use/Discharge of Firearm During and in Relation to Drug Trafficking Offense; 18 U.S.C. § 924(c)(1)(A); Count 3: Possession of Firearm w/ Silencer in Furtherance of Drug Trafficking Offense, 18 U.S.C. § 924(c)(1)(B); Count 4: Possession of Firearm by a Felon, 18 U.S.C. § 922(g)(1); Count 5: Possession of Unregistered Firearm Silencer, 26 U.S.C. § 5861(d) [Okmulgee County]

United States v. Jeremy Don Harrison – Count 1: Possession with Intent to Distribute Methamphetamine, 21 U.S.C. §§ 841(a)(1), 841(b)(1)(c) & 2; Count 2: Possession of a Firearm in Furtherance of a Drug Trafficking Crime, 18 U.S.C. §§ 924(c)(1)(A), & 2; Count 3: Felon in Possession of a Firearm, 18 U.S.C. §§ 922(g)(1) & 924(a)(2); Count 4: Possession of a Stolen Firearm, 18 U.S.C. §§ 922(j) & 924(a)(2) & 2 [Seminole County]

United States v. Jeremy Chad Gilliland (superseding indictment) – Count 1: Possession of a Firearm by a Person Convicted in any Court of a Misdemeanor Crime of Domestic Violence, 18 U.S.C. §§ 922(g)(9) & 924(a)(2); Count 2: Possession of Unregistered Firearm, 26 U.S.C. §§ 5845, 5861(d) & 5871; Forfeiture Allegation – 18 U.S.C. § 924(d) & 28 U.S.C. § 2461(c) [Carter 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.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Michael Moses George, age 41, of Oklahoma City, Oklahoma was found guilty by a federal jury of Drug Conspiracy, in violation of Title 21, United States Code, Section 846. The jury trial began with testimony on Monday, July 26, 2021 and concluded on Wednesday, July 28, 2021 with the guilty verdict. Based on the jury’s verdict, the defendant is facing a term of imprisonment of not less than 10 years nor more than life.

During the trial, the United States presented evidence that beginning in July 2019, and continuing until December 2020, in the Eastern District of Oklahoma and elsewhere, George conspired with Dennis Dewayne Cantrell, Dennis Edward Cantrell, Randall Brent Cook, Jason Nathaniel Holland, Paul Casey Craig, Bree Angelica Osburn, Christina Michelle Ketchum, Stacie Renee Borrenkott, and Parker Bolin Mathiews to distribute more than a kilogram of heroin in the Eastern District of Oklahoma. Trial witnesses testified the defendant purchased heroin from co-conspirators and served as a major source of heroin for a co-conspirator in McAlester who sold to various persons in the McAlester area. DEA agents executed a search warrant of George’s Oklahoma City apartment at the time of his arrest.  In the apartment they found nearly a pound of heroin, $20,000 in bundled cash, and four firearms. A search of the George’s cellphone revealed text messages demonstrating a history of selling heroin to people in the McAlester and Oklahoma City areas.

All of the other defendants originally indicted in the case have entered guilty pleas. The guilty verdict was the result of an investigation by the McAlester Police Department, the Oklahoma Bureau of Narcotics, District 18 Drug Taskforce, and the Drug Enforcement Administration.

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. George was remanded to the custody of the United States Marshal pending the imposition of sentencing.

Assistant United States Attorneys Ryan Conway and James Montoya represented the United States.
 

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Russell Garvis Griffith Jr., age 47, 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)(C); 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); and Sexual Abuse in Indian Country, in violation of Title 18, United States Code, Sections 1151, 1153, 2242(1), and 2246(2)(A). The jury trial began with testimony on Monday, July 26, 2021 and concluded on Wednesday, July 28, 2021 with the guilty verdicts. The defendant is facing imprisonment for not less than 30 years to life for the crimes the jury found he committed.

During the trial, the United States presented evidence that the defendant sexually abused the victim for approximately fourteen years, beginning when she was nine years old.  The victim also testified that when she was twenty-two years old, the defendant forcibly raped her.

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

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

The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Griffith 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 Michael Cooper represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Kendall Len Burgess, age 22, of Henryetta, 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)(B) and Abusive Sexual Contact in Indian Country, in violation of Title 18, United States Code, Sections 1151, 1153, 2244(a)(5) and 2246(3). The defendant was acquitted on one count of Assault by Striking, Beating, or Wounding in Indian Country. The jury trial began with testimony on Monday, July 19, 2021 and concluded on Wednesday, July 21, 2021 with the guilty verdicts. The defendant is facing imprisonment for not less than 30 years to life for the crimes the jury found he committed.

During the trial, the United States presented evidence that the defendant perpetrated various sexual acts on a seven-year-old victim.

The United States Attorney’s Office for the Eastern District of Oklahoma ultimately 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 guilty verdicts were the result of an investigation by the Henryetta Police Department, Okmulgee County Sheriff’s Office, and the Federal Bureau of Investigation.

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

Special Assistant United States Attorney L.C. Wright and Assistant United States Attorney Edith Singer represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Diamond Levi Britt, age 26, of Henryetta, Oklahoma was found guilty by a federal jury of First-Degree Murder in Indian Country, in violation of Title 18, United States Code, Sections 1111(a), 1151, and 1153. The jury trial began with testimony on Tuesday, July 13, 2021 and concluded on Thursday, July 15, 2021 with the guilty verdict. The punishment for First-Degree Murder in Indian Country is imprisonment for life.

During the jury trial, the United States presented evidence that on September 16, 2019, the defendant attacked his father, Gary Britt, with a 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 further demonstrated that on at least two occasions prior to the attack the defendant informed family members he intended to kill his father. After the vicious attack, the defendant left the crime scene and was observed by Henryetta police officers walking along a roadway carrying a sword. The defendant was taken into custody where he made additional statements indicating he knowingly and deliberately killed his father, with premeditation. The defendant said he wanted to kill his father on the night of the attack and that he regularly thought about stabbing his father.

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 guilty verdict was the result of an investigation by the Okmulgee County Sheriff’s Office, the Henryetta Police Department, 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. Britt was remanded to the custody of the United States Marshal pending the imposition of sentencing.

Special Assistant United States Attorneys Kyle J. Essley and Robert Reeves represented the United States.

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 June sessions and returned thirty-five felony indictments, including five superseding indictments.

The Eastern District of Oklahoma has experienced a dramatic increase in Indian Country cases for federal prosecution due to the U.S. Supreme Court decision of McGirt v. Oklahoma and recent Oklahoma Court of Criminal Appeals rulings. These opinions determined the reservations of the Five Civilized Tribes were never disestablished by Congress and, therefore, the United States has primary federal jurisdiction to prosecute major crimes committed by—or against—Native Americans occurring within the 26 counties of the Eastern District of Oklahoma. In response to the caseload rise, a second grand jury was empaneled in the Eastern District. This is a first for the Eastern District.

From the two grand jury sessions in June, thirty-three indictments were publicly filed and two remain sealed pending arrest of the charged defendants. All but two of the unsealed charges involve crimes arising out of Indian Country. Eleven of the unsealed indictments are for murder or involuntary manslaughter, eleven are for sex crimes, and the balance contain allegations of assault with a dangerous weapon or resulting in serious bodily injury, and robbery. The two unsealed non-Indian Country indictments involve possession with intent to distribute cocaine and rioting in a federal detention facility, assaulting a federal officer, and possessing contraband.

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:

United States v. Michael Lee Wolfe and Carlos Allen Locust – Count 1: Murder in Perpetration of Kidnapping in Indian Country – 18 U.S.C. §§ 2, 1111(a), 1151 & 1153; Count 2: Kidnapping in Indian Country Resulting in Death – 18 U.S.C. §§ 2, 1201(a)(2), 1151 & 1153 [Adair County – Cherokee Nation Reservation]

United States v. David Deval Martin – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153 [McIntosh County – Muscogee (Creek) Nation Reservation]

United States v. Robert Wayne Mitchell (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 [Seminole County – Seminole Nation Reservation]

United States v. Bernard Richard Poulin – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 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: Arson in Indian Country – 18 U.S.C. §§ 81, 1151 & 1152 [Okmulgee County – Muscogee (Creek) Nation Reservation]

United States v. William Clayton Brown – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; 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 [Pittsburg County – Choctaw Nation Reservation]

United States v. David Glen Thompson & Keith Bruno Titsworth (superseding indictment) – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 2, 1151 & 1153 [Pontotoc County – Chickasaw Nation Reservation]

United States v. William Shirley – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 2, 1151 & 1153; Count 2: Use of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A), 1111(a), 1151 & 1153; 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), 1111(a), 1151 & 1153 [Okmulgee County – Muscogee (Creek) Nation Reservation]

United States v. Lonnie Leonard Swarer III – Count 1: Involuntary Manslaughter in Indian Country – 18 U.S.C. §§ 1112, 1151 & 1152 [Wagoner County – Cherokee Nation Reservation]

United States v. Brittney Nicole Schmidt, a/k/a Brittany Nicole Schmidt, a/k/a Brittney Nicole Williams – Count 1: Involuntary Manslaughter in Indian Country – 18 U.S.C. §§ 1112, 1151 & 1153 [Bryan County – Choctaw Nation Reservation]

United States v. Robert James Grass – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153 [Cherokee County – Cherokee Nation Reservation]

United States v. Dustin Randall Bulla– Count 1: Involuntary Manslaughter in Indian Country – 18 U.S.C. §§ 1112, 1151 & 1153; Count 2: Driving Under the Influence of Alcohol Resulting in Great Bodily Injury – 18 U.S.C. §§ 13, 13(b)(2)(A), 1151 & 1152 & 47 O.S.A. § 11-904(B) [Carter County – Chickasaw Nation Reservation]

Sexual Assault:

United States v. Ashley Dawn Langford - Count 1: Sexual Abuse of a Minor in Indian Country – 18 U.S.C. §§ 2243(a), 2246(2)(A), 1151 & 1153; Count 2: Sexual Abuse of a Minor in Indian Country – 18 U.S.C. §§ 2243(a), 2246(2)(B), 1151 & 1153 [McIntosh County– Muscogee (Creek) Nation Reservation]

United States v. Montelito Sanchez Simpkins - Count 1: Sexual Abuse of a Minor in Indian Country – 18 U.S.C. §§ 2243(a), 2246(2)(D), 1151 & 1152 [Pontotoc County – Chickasaw Nation Reservation]

United States v. Aaron Richard Eubanks - Count 1: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(A), 1151 & 1153; Count 2: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(C), 1151 & 1153; Count 3: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(B), 1151 & 1153 [Adair County – Cherokee Nation Reservation]

United States v. Jeffery Denton Sumka - Count 1: Sexual Abuse of a Minor in Indian Country – 18 U.S.C. §§ 2243(a)(1), 2246(2)(A), 1151 & 1153 [Okmulgee County– Muscogee (Creek) Nation Reservation]

United States v. Boyd Weldon Gross - Count 1: Coercion and Enticement of a Minor in Indian Country – 18 U.S.C. §§ 2422(b), 1151 & 1152 [Seminole County– Seminole Nation Reservation]

United States v. Tyler James Stephens (superseding indictment) - Count 1: Stalking – 18 U.S.C. § 2261A(2)(B); Count 2: Extortionate Interstate Communications – 18 U.S.C. § 875(d); Count 3: Video Voyeurism in Indian Country (Misdemeanor) – 18 U.S.C. §§ 1151, 1152, & 1801(a); Count 4: Attempted First Degree Burglary in Indian Country – 18 U.S.C. §§ 1151, 1153, & 21 O.S.A. §§ 44 & 1431; Count 5: Attempted Sexual Abuse in Indian Country – 18 U.S.C. §§ 2242(1), 2246(2)(A), 1151 & 1153; Count 6: First Degree Burglary in Indian Country – 18 U.S.C. §§ 1151, 1153, & 21 O.S.A. § 1431 [McIntosh County– Muscogee (Creek) Nation Reservation]

United States v. Christopher Wayne Webb - Count 1: Sexual Abuse in Indian Country – 18 U.S.C. §§ 2242(2)(B), 2246(2)(C), 1151 & 1153; Count 2: Sexual Abuse in Indian Country – 18 U.S.C. §§ 2243(a), 2246(2)(C), 1151 & 1153 [Bryan County– Choctaw Nation Reservation]

United States v. Brian Douglas Nicholson (superseding indictment) - Count 1: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(B), 1151 & 1153; Count 2: Sexual Abuse of a Minor in Indian Country – 18 U.S.C. § 2243(a), 2246(2)(B), 1151 & 1153; Count 3: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. § 2241(c), 2246(2)(D), 1151 & 1153; Count 4: Sexual Abuse of a Minor in Indian Country – 18 U.S.C. § 2243(a), 2246(2)(D), 1151 & 1153 [McCurtain County– Choctaw Nation Reservation]

United States v. Dustin Bristow (superseding indictment) - Count 1: Aggravated Sexual Abuse of a Child Indian Country – 18 U.S.C. §§ 2241(a), 2244(a)(5), 2246(2)(A), 2246(2)(D), 2246(3), 1151 & 1153 [Pittsburg County– Choctaw Nation Reservation]

United States v. Jerry Dewayne Rogers - Count 1: Aggravated Sexual Abuse 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; Count 3: Sexual Abuse of a Minor in Indian Country – 18 U.S.C. §§ 2243(a), 2246(2)(C), 1151 & 1152 [Sequoyah County– Cherokee Nation Reservation]

United States v. Joshua Michael Carter - Count 1: Lewd and Indecent Proposals to Child Under 16 in Indian Country – 18 U.S.C. §§ 1151, 1152, 13, & 21 O.S.A. § 1123(A)(1) [Sequoyah County– Cherokee Nation Reservation]

Other violent crime in Indian Country:

United States v. Tyler Cheyenne Ned – Count 1: Robbery in Indian Country – 18 U.S.C. §§ 2111, 1151 & 1153; Count 2: Use, Carry, Brandish and Discharge of a Firearm During and in Relation a Crime of Violence – 18 U.S.C. §§ 924(C)(1)(a)(i), (ii) & (iii); Count 3: Assault With a Dangerous Weapon With Intent to do Bodily Harm in Indian Country - §§ 113(a)(3), 1151 & 1153  [Carter County – Chickasaw Nation Reservation]

United States v. Cameron Dale Bowden – 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 [Haskell County– Choctaw Nation Reservation]

United States v. Charles Bradley Vinson – 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; Count 2: Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151 & 1152 [Okmulgee County– Muscogee (Creek) Nation Reservation]

United States v. Derek Scott Frazier – Count 1: Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151, & 1153 [Pontotoc County– Chickasaw Nation Reservation]

United States v. Hunter Ray Kelley – Count 1:  Robbery in Indian Country – 18 U.S.C. §§ 2111, 1151 & 1152 [Muskogee County– Muscogee (Creek) Nation Reservation]

United States v. Darius Keshawn Seals – 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 a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i)(ii)(iii); Count 3: Use, Carry and Brandish a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i)(ii)  [Marshall County – Chickasaw Nation Reservation]

United States v. Michael Wayne Pinnick – Count 1:  Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151 & 1153 [Johnston County– Chickasaw Nation Reservation]

United States v. Tyler Wilson Hediger – 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: Possession of an Unregistered Firearm – 26 U.S.C. §§ 5845, 5861(d) & 5871; Forfeiture Allegation – 28 U.S.C. § 2461(c), 49 U.S.C. § 80303 & 26 U.S.C. § 5872  [Sequoyah County– Cherokee Nation Reservation]

United States v. Shylow Shane Young - 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 Firearm – 18 U.S.C. §§ 922(g)(1) & 924(a)(2) [Sequoyah County– Cherokee Nation Reservation]

Non-Indian Country offenses:

United States v. Edgar Rodriguez – Count 1: Possession with Intent to Distribute Cocaine – 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(A) [Okfuskee County]

United States v. Matthew Dewayne Carter, Anthony Drake Ahaisek, Joshua Ryan Green, Jabaica Lee Tecumseh, Richard Loyd Jack, Samuel Wayne Washington, Jason Don Rowan, David Hurl Lemmon, and John Cole Haeberle – Count 1: Rioting in a Federal Detention Facility – 18 U.S.C. §§ 1792 & 2; Count 2: Conspiracy to Commit Assault on a Federal Officer – 18 U.S.C. § 371; Count 3: Assaulting a Federal Officer – 18 U.S.C. §§ 111(a), 111(b) & 2; Count 4: Possessing Contraband in Prison – 18 U.S.C. §§ 1791(a)(2), 1791(d)(1)(B), 1791(d)(1)(F) & 1791(d)(1)(G) [Okmulgee 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.
 

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Michael David Jackson, age 39, of Tahlequah, Oklahoma was found guilty by a federal jury of two counts of Aggravated Sexual Abuse of a Minor Under 12, one count of Abusive Sexual Contact with a Child Under 12 Years, one count of Sexual Exploitation of a Child/Use of a Child to Produce a Visual Depiction, and two counts of Possession of Certain Material Involving the Sexual Exploitation of a Minor. The jury trial began with testimony on Monday, June 28, 2021 and concluded on Thursday, July 1, 2021 with the guilty verdicts. The punishment for Aggravated Sexual Abuse of a Minor Under 12 is a mandatory minimum of not less than 30 years imprisonment.

During the jury 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 for them 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 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 Cherokee County, within the boundaries of the Cherokee Nation, and within the Eastern District of Oklahoma.

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

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

Assistant United States Attorneys Courtney Jordan and Dean Burris represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that James Michael Stewart, age 42, of Muskogee, Oklahoma was found guilty by a federal jury of one count of Attempted Aggravated Sexual Abuse in Indian Country. This crime is punishable by imprisonment for any term of years or up to life imprisonment, a fine of up to $250,000.00, or both. The defendant was acquitted on two counts of Aggravated Sexual Abuse in Indian Country. The jury trial began with testimony on Monday, June 7, 2021 and concluded on Thursday, June 10, 2021 with the guilty verdict.

The evidence presented at trial proved that on May 25, 2018, the defendant attempted to sexually assault a female victim in a room at the Studio 6 hotel on North 32nd Street in Muskogee. The defendant undressed and pushed the victim onto a bed. The victim was able to free herself, ran to the bathroom, locked the door, and called 911. When the police arrived, they found the defendant still nude. According to the police officer, the victim was very emotional and appeared afraid of the defendant.

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

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, 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. Stewart 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 Trial Attorney Julie Finocchiaro represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Sebron Dejuan Brown, age 35, of Muskogee, Oklahoma entered a guilty plea to Conspiracy to Commit Odometer Tampering, in violation of Title 49, United States Code, Sections 32703(2) and 32709(b); two counts of Odometer Fraud, in violation of Title 49, United States Code, Section 32703(2) and 32709(b); and to Conspiracy to Commit Wire Fraud, in violation of Title 18, United States Code, Section 1343. Brown could potentially be sentenced to up to 20 years imprisonment for the multiple violations of federal laws.

The Second Superseding Indictment alleged that from in or about December 2016 and continuing through in or about May 2017, within the Eastern District of Oklahoma and elsewhere, the defendant, and others known and unknown to the grand jury, agreed and conspired to commit offenses against the United States, to-wit: to knowingly and willfully reset and alter, and cause to be reset and altered, the odometers of motor vehicles, intending to change the mileage registered by the odometers.

The Second Superseding Indictment further alleged that on or about December 18, 2016, and continuing through March 10, 2017, within the Eastern District of Oklahoma and elsewhere, the defendant, did knowingly and willingly reset and alter, and cause to be reset and altered, the odometer of motor vehicles from approximate high mileage to the approximate low mileage with the intent to change the number of miles registered on said odometers in vehicles.

The Second Superseding Indictment further alleged that from on or about March 3, 2017, and continuing through on or about May 2, 2017, within the Eastern District of Oklahoma and elsewhere, the defendant, codefendant Rakyra Jones, codefendant Tracy Mahone (now dismissed from the Second Superseding Indictment), and others known and unknown to the grand jury, agreed and conspired to transmit and caused to be transmitted by means of a wire communication in interstate commerce signals and sounds for the purpose of executing a scheme to defraud insurance companies.

The charges arose from an investigation by the Muskogee Police Department, the Federal Bureau of Investigation, and the United States Department of Transportation, National Highway Traffic Safety Administration, Office of Odometer Fraud Investigation.

The Honorable Steven P. 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.

Assistant United States Attorney Doug Horn, Assistant United States Attorney Jarrod Leaman, and Assistant United States Attorney Michael Cooper represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Miranda Lynne Ree, age 24, of Broken Arrow, Oklahoma was found guilty by a federal jury of Murder Second Degree in Indian County.

The jury trial began with testimony on Tuesday, June 1, 2021, and concluded on Thursday, June 3, 2021 with the guilty verdict. The defendant was indicted in September 2020 on the charge of Murder I. After considering the evidence presented at trial, the jury found Ree guilty of the lesser included offense of Murder II. Murder in the Second Degree is punishable by any term of years or life in imprisonment.

The evidence presented at trial proved that on or about September 27, 2018, Ree, an Indian, unlawfully killed Bryan James Chaney with a knife. The crime occurred in Wagoner County, within the boundaries of the Muscogee (Creek) Nation, and within the Eastern District of Oklahoma.

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

“The defendant was originally charged in the District Court of Wagoner with Murder in the First Degree, but the case was dismissed after the Supreme Court decision in McGirt v. Oklahoma,” said Acting United States Attorney Christopher J. Wilson. “Once the state charge was dismissed, the Federal Bureau of Investigation picked up the investigation and prosecution of the case was initiated by our office. The verdict today in federal court represents the next step in ensuring the defendant is held responsible for unlawfully killing Bryan James Chaney.”

“Craig Gestring, the lead prosecutor in the case, is an Assistant United States Attorney from the Middle District of Florida," said Wilson. “Mr. Gestring volunteered to handle cases in the Eastern District. I am appreciative of Mr. Gestring and other Department of Justice attorneys who have come to our aid after the McGirt decision dramatically increased the number of violent crime cases our office has been required to handle.”

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. Ree was remanded to the custody of the United States Marshal pending the imposition of sentencing.

Special Assistant United States Attorney Craig Gestring and Assistant United States Attorney Michael Warren represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that Edmond Carl Warrington, age 71, of Okemah, Oklahoma was found guilty by a federal jury of three counts of Sexual Abuse In Indian Country, in violation of Title 18, United States Code, Sections 1151, 1153, 2242, 2246(2)(A), and 2246(2)(C). The jury trial began with testimony on Monday, May 24, 2021, and concluded on Wednesday, May 26, 2021 with the guilty verdicts. The defendant was acquitted on three counts of Aggravated Sexual Abuse in Indian Country.

The evidence presented at trial proved that from in or about April 2017 to on or about May 12, 2018, within the Eastern District of Oklahoma, in Indian Country, the defendant sexually abused the victim, who was incapable of appraising the nature of the abuse.

The guilty verdicts were the result of an investigation by the Federal Bureau of Investigation, Okfuskee County Sheriff’s Department, Seminole County Sheriff’s Department, the District 24 Violent Crimes Task Force, and the Oklahoma State Bureau of Investigation.

The Honorable David Cleveland Joseph, U.S. 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 its completion. Warrington was remanded to the custody of the United States Marshal pending the sentencing hearing.

Special Assistant United States Attorney Kyle J. Essley and Assistant United States Attorney Sarah McAmis represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Meredith Dawn Dunkin, age 47, of Hartshorne, Oklahoma was sentenced to 9 months’ imprisonment in the Federal Bureau of Prisons, 2 years of supervised release, and ordered to pay restitution in the amount of $80,083.35 for Theft Concerning Programs Receiving Federal Funds, in violation of Title 18, United States Code, Section 666(a)(1)(A). The charges arose from an investigation by the Federal Bureau of Investigation. 

The Information alleged that from on or about May 23, 2013, and continuing through August 6, 2016, in the Eastern District of Oklahoma, the defendant, Meredith Dawn Dunkin, being an agent of the City of Hartshorne, Oklahoma, said organization received benefits in excess of $10,000 under a Federal Program involving a grant, contract, subsidy, loan, guarantee, insurance, or other form of Federal Assistance for the calendar years of 2013, 2014, 2015 and 2016, obtained by fraud, embezzlement, and otherwise without authority, property worth at least $5,000 owned by the City of Hartshorne.

The Honorable David Cleveland Joseph, U.S. 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 sentencing hearing. Assistant United States Attorney Doug Horn represented the United States.
 

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced the federal grand jury sitting in Muskogee completed its May session last week and returned eighty-two felony indictments.

Seventy-six indictments were publicly filed and six remain sealed pending arrest of the charged defendants. All but one of the unsealed charges involve crimes arising out of Indian Country. Thirty-three indictments are for murder, sixteen are sexual assaults, and the balance contain allegations of child abuse/neglect, attempted murder, involuntary manslaughter, felonious assault, robbery, burglary, and kidnapping. The sole non-Indian Country indictment involves possession of methamphetamine with intent to distribute.

The dramatic increase in Indian Country cases for federal prosecution is due to the U.S. Supreme Court decision of McGirt v. Oklahoma and recent Oklahoma Court of Criminal Appeals rulings. These opinions determined the reservations of the Five Civilized Tribes were never disestablished by Congress and, therefore, the United States has primary federal jurisdiction to prosecute major crimes committed by—or against—Native Americans occurring within the 26 counties of the Eastern District of Oklahoma.

The following indictments were returned by the federal grand jury and filed in the United States District Court for the Eastern District of Oklahoma. The information listed in brackets is the county and the reservation where the crime(s) allegedly occurred.

Murder:

United States v. Coker Dean Barker and Anastacia Phillinia Little – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151, 1153 & 2; 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) & 2; Count 3: 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) & 2 [Seminole County – Seminole Nation Reservation]

United States v. Crystal Renae Berryhill - Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153 [Marshall County – Chickasaw Nation Reservation]

United States v. Kalup Allen Born (Superseding Indictment) – Count 1: Murder in Perpetration of Robbery and Kidnapping in Indian Country – 18 U.S.C. §§ 1111(a), 1151, 1153; Count 2: First Degree Burglary in Indian Country – 18 U.S.C. §§ 2, 1151, 1153(b) & 21 O.S. § 1431; Count 3: Robbery in Indian Country – 18 U.S.C. §§ 2111, 1151 & 1153; Count 4: Kidnapping in Indian Country – 18 U.S.C. §§ 1201(a)(2), 1151 & 1153; Count 5: First Degree Burglary in Indian Country – 18 U.S.C. §§ 1151, 1153(b) & 21 O.S. 1431; Count 6: Arson in Indian Country – 18 U.S.C. §§ 1151, 1153(b) & 21 O.S. § 1431 [Pontotoc County – Chickasaw Nation Reservation]

United States v. Kalup Allen Born - Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153 [Pontotoc County – Chickasaw Nation Reservation]

United States v. Aram Barak Catron - Murder in Indian Country – Second Degree – 18 U.S.C. §§ 1111(a), 1151 & 1153 [Cherokee County – Cherokee Nation Reservation]

United States v. Jace Wayne Conger – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: 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) [Seminole County – Seminole Nation Reservation]

United States v. Michael Ray Crawley – Murder in Perpetration of Burglary in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1152 [Pittsburg County – Choctaw Nation Reservation]

United States v. Kevin Leon Cross – Count 1: Murder in Perpetration of Kidnapping in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Kidnapping in Indian Country Resulting in Death – 18 U.S.C. §§ 1201(a)(2), 1151 & 1153; Count 3: 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) [Bryan County – Choctaw Nation Reservation]

United States v. Gregory Allen Gamblin, II - Murder in Indian Country - 18 U.S.C. §§ 1111(a), 1151, & 1152 [Choctaw County – Choctaw Nation Reservation]

United States v. Kadetrix Devon Grayson – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: 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) [Seminole County – Seminole Nation Reservation]

United States v. Crystal Marie Haworth – Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153 [Pittsburg County – Choctaw Nation Reservation]

United States v. Gunnar Mathew Hemingway – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: 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) [Choctaw County – Choctaw Nation Reservation]

United States v. Jordan Wayne Holt – Count 1: Murder in Indian Country - Second Degree -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 U.S.C. § 924(c) - 18 U.S.C. § 924(j)(1); Count 4: Assault with Intent to Commit Murder in Indian Country -18 U.S.C. §§ 113(a)(1), 1151 and 1153 [McCurtain County – Choctaw Nation Reservation]

United States v. Darrell James Hummingbird – Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153 [Adair County – Cherokee Nation Reservation]

United States v. Cody Nash James – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 and 1153; Count 2: 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) [Okmulgee County – Muscogee (Creek) Nation Reservation]

United States v. Ryan Cortlan Johnson – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151, & 1153; Count 2: Causing the Death of a Person in the Course of a Violation of Title 18 U.S.C. § 924(c) [Okmulgee County – Muscogee (Creek) Nation Reservation]

United States v. John Douglas Knight – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151, 1153 & 2; Count 2: 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) & 2 [Seminole County – Seminole Nation Reservation]

United States v. Aaron Michael Laconsello a/k/a Aaron Michael Hooper – 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 [Muskogee County – Muscogee (Creek) Nation Reservation]

United States v. Neil Shai-Cameron Lewis - Murder in Indian Country – Second Degree – 18 U.S.C. §§ 1111(a), 1151, 1153 [Okmulgee County – Muscogee (Creek) Nation Reservation]

United States v. Brian James Mack - Murder in Indian Country - 18 U.S.C. §§ 1111(a), 1151, & 1153 [Pushmataha County – Choctaw Nation Reservation]

United States v. Robert Wayne Mitchell - Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151, & 1153 [Seminole County – Seminole Nation Reservation]

United States v. Jimmy Holmes Nace and Matthew Jennings Vermillion – Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151, 1152 & 2 [Pittsburg County – Choctaw Nation Reservation]

United States v. Clifton Merrill Parish – Count 1: Murder in Perpetration of Robbery in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Kidnapping Resulting in Death in Indian Country – 18 U.S.C. §§ 1201(a), 1151 & 1153 [Choctaw County – Choctaw Nation Reservation]

United States v. Thomas Raymond Phillips, III – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: 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) [Choctaw County – Choctaw Nation Reservation]

United States v. Jeffrey Lyn Pierce - Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1152 [Choctaw County – Choctaw Nation Reservation]

United States v. Bradley Shawn Pittman - Murder in Indian Country – Second Degree – 18 U.S.C. §§ 1111(a), 1151 & 1153 [Bryan County – Choctaw Nation Reservation]

United States v. Tyas Short – Count 1: Second Degree Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: 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) & 2 [Pittsburg County – Choctaw Nation Reservation]

United States v. Devin Warren Sizemore – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Second Degree Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 3: Voluntary Manslaughter in Indian Country – 18 U.S.C. §§ 1112(a), 1151 & 1153; Count 4: Child Abuse in Indian Country – 18 U.S.C. §§ 1151, 1153, 21 Okla. Stat. 843.5(A); Count 5: Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151 & 1153; Count 6: Assault and Battery on  a Police Officer in Indian Country – 18 U.S.C. §§ 13, 1151 & 1152, 21 Okla. Stat. 649 [Pittsburg County – Choctaw Nation Reservation]

United States v. George McEntire Smith – 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) [Wagoner County – Muscogee (Creek) Nation]

United States v. John Duncan Stubbs – 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 U.S.C. § 924(c) – 18 U.S.C. § 924(j)(1) [Choctaw County – Choctaw Nation Reservation]

United States v. Chad Jon’Dale Voyles – Count 1: Conspiracy to Murder in Indian Country – 18 U.S.C. §§ 1117, 1111(a), 1151 & 1152; Count 2: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 2, 1151 & 1152; Count 3: Murder in Perpetration of Burglary in Indian Country – 18 U.S.C. §§ 1111(a), 2, 1151, 1152; Count 4: Arson in Indian Country – 18 U.S.C. §§ 81, 2, 1151, 1152 [Choctaw County – Choctaw Nation Reservation]

United States v. Tanner Dean Washington - Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1152 [Pontotoc County - Chickasaw Nation Reservation]

United States v. Johnson Wisdom - Murder in Perpetration of Child Abuse in Indian Country – 18 U.S.C. §§ 1111(a), 1151 and 1153 [Pontotoc County – Chickasaw Nation Reservation]

Sexual Assault:

United States v. Dustin Dewayne Bristow – Abusive Sexual Contact in Indian Country – 18 U.S.C. §§ 2244(a)(5), 2246(3), 1151 & 1153 [Pittsburg County – Choctaw Nation Reservation]

United States v. Eduardo Chapa – Aggravated Sexual Abuse in Indian Country – 18 U.S.C. § 2241(c), 2246(2)(A), 1151 & 1152 [Seminole County- Seminole Nation Reservation]

United States v. Wayne Robert Christman – Count 1: Aggravated Sexual Abuse in Indian County – 18 U.S.C. § 2241(c), 2246(2)(A), 1151 & 1153; Count 2: Abusive Sexual Contact in Indian Country – 18 U.S.C. § 2244(a)(5), 2246(3), 1151 & 1152; Count 3: Lewd and Indecent Acts to a Child Under 12 in Indian Country – 18 U.S.C. § 1151, 1152, 13 and 21 OK Stat. § 21-1123(A)(5)(f) [Pittsburg County – Choctaw Nation Reservation]

United States v. Shelley J. Duncan – Count 1: Abusive Sexual Contact in Indian Country – 18 U.S.C. §§ 2244(a)(3), 2246(3), 1151 & 1153; Count 2: Lewd Acts with a Child Under 16 in Indian Country – 18 U.S.C. §§ 1151, 1152, 13, 21 O.S. § 1123(A)(1); Count 3: Lewd Acts with a Child Under 16 in Indian Country – 18 U.S.C. §§ 1151, 1152, 13, 21 O.S. § 1123(A)(3); Count 4: Lewd Acts with a Child Under 16 in Indian Country – 18 U.S.C. §§ 1151, 115, 13, 21 O.S. § 1123(A)(4) [Johnston County – Chickasaw Nation Reservation]

United States v. David Leroy Earls – Count 1: Sexual Abuse in Indian Country – 18 U.S.C. §§ 2242(2)(A), 2246(2)(A), 1151 & 1153; Count 2: Sexual Abuse in Indian Country – 18 U.S.C. §§ 2242(2)(A), 2246(2)(C), 1151 & 1153; Count 3: Sexual Abuse in Indian Country – 18 U.S.C. §§ 2242(2)(A), 2246(2)(B), 1151 & 1153 [Pushmataha County – Choctaw Nation Reservation]

United States v. Edgar Rene Garcia-Limon (Superseding Indictment) – Count 1: Felon in Possession of Firearm – 18 U.S.C. §§ 922(g)(1) & 924(a)(2); Count 2: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(D), 1151 & 1152; Count 3: Abusive Sexual Contact in Indian Country – 18 U.S.C. §§ 2244(a)(5), 2246(3), 1151 & 1152; Count 4: Illegal Reentry of Previously Removed Alien – 8 U.S.C. §§ 1326(a); [Okmulgee County- Muscogee (Creek) Nation Reservation]

United States v. Cutter Payne Hendricks – Abusive Sexual Contact in Indian Country – 18 U.S.C. § 2244(b), 2246(3), 1151 & 1152 [McCurtain County- Choctaw Nation Reservation]

United States v. Christopher William McKane –  Count 1: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(A), 1151 & 1153; Count 2: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(B), 1151 & 1153 [Pontotoc County – Chickasaw Nation Reservation]

United States v. Bruce Lee Montes – Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(A), 1151 & 1152 [Pittsburg County – Choctaw Nation Reservation]

United States v. Gordon Lee Myers, a/k/a Rick Lee Myers – Count 1: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(A), 1151 & 1153; Count 
2: Sexual Abuse of a Minor in Indian Country – 18 U.S.C. §§ 2243, 2246(2)(A), 1151 & 1153 [Marshall County – Chickasaw Nation Reservation]

United States v. Bryan Douglas Nicholson – Count 1: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. § 2241(c), 2246(2)(B), 1151 & 1153; Count 2: Sexual Abuse of a Minor in Indian Country – 18 U.S.C. § 2243(a), 2246(2)(B), 1151 & 1153 [McCurtain County – Choctaw Nation Reservation]

United States v. Roy Lee Roberts, Jr.–  Count 1: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(B), 1151 & 1153; Count 2: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(D), 1151 & 1153 [Pittsburg County – Choctaw Nation Reservation]

United States v. Jimmy Ray Robinson –  Count 1: Abusive Sexual Contact in Indian Country – 18 U.S.C. §§ 2244(a)(5), 2246(3), 1151 & 1153; Count 2: Abusive Sexual Contact in Indian Country – 18 U.S.C. §§ 2244(a)(5), 2246(3), 1151 & 1153 [Choctaw County – Choctaw Nation Reservation]

United States v. Antonio Maurice Sambrano –  Count 1: Sexual Abuse in Indian Country – 18 U.S.C. §§ 2242(2), 2246(2)(A), 1151 & 1152; Count 2: Sexual Abuse in Indian Country – 18 U.S.C. §§ 2242(2), 2246(2)(B); Count 3: Sexual Abuse in Indian Country – 18 U.S.C. §§ 2242(2), 2246(2)(C), 1151 & 1152 [Seminole County – Seminole Nation Reservation]

United States v. Bradley Alex Tilley – Sexual Abuse in Indian Country – 18 U.S.C. §§ 2242(2)(A), 2242(2)(B), 2246(2)(a), 1151 & 1153 [Seminole County – Seminole Nation Reservation]

United States v. Tommy James Whitt –  Count 1: Sexual Abuse of a Minor in Indian Country – 18 U.S.C. §§ 2243(a), 2246(2)(A), 1151 & 1153; Count 2: Sexual Abuse of a Minor in Indian Country – 18 U.S.C. §§ 2243(a), 2246(2)(B), 1151 & 1153; Count 3: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(A), 1151 & 1153; Count 4: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(A), 1151 & 1153 [Seminole County – Seminole Nation Reservation]

Other violent crime in Indian Country:

United States v. Joses Ric-E Beck a/k/a Ricky – Count 1: Burglary in the First Degree in Indian Country – 18 U.S.C. §§ 1151, 1153 & 21 Okla. Stat. § 1431; Count 2: Assault with a Dangerous Weapon with the Intent to do Bodily Harm in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1153; Count 3: Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151 & 1153 [Johnston County – Chickasaw Nation Reservation]

United States v. Mr Lee Benton, a/k/a Mister Lee Benton, a/k/a Lee Benton – Count 1: Involuntary Manslaughter in Indian Country – 18 U.S.C. §§ 1112, 1151 & 1153; Count 2: Possession with Intent to Distribute Methamphetamine – 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(B); Count 3: Possession of a Firearm in Furtherance of Drug Trafficking Crime – 18 U.S.C. § 924(c)(1)(A); Count 4: Felon in Possession of a Firearm – 18 U.S.C. §§ 922(g)(1) & 924(a)(2); [Seminole County – Seminole Nation Reservation]

United States v. Kristen Breann Buckner, a/k/a Kristen Breann Talamassy – Assault with a Dangerous Weapon in Indian Country - 18 U.S.C. §§ 113(a)(3), 1151, & 1153 [Hughes County – Muscogee (Creek) Nation Reservation]

United States v. Jory L. Bullard – Child Abuse in Indian Country – 18 U.S.C. §§ 1151, 1152 & 21 Okla. Stat. § 843.5(A) [McCurtain County – Choctaw Nation Reservation]

United States v. Paula Amber Chisholm – Count 1: Child Abuse in Indian Country – 18 U.S.C. §§ 1151, 1153 & 21 Okla. Stat. § 843.5(A); Count 2: Child Neglect in Indian Country – 18 U.S.C. §§ 1151, 1153 & 21 Okla. Stat. § 843.5(C) [Pittsburg County – Choctaw Nation Reservation]

United States v. Mikkah Tramain Cosar – Count 1: Assault with Intent to Commit Murder in Indian Country – 18 U.S.C. §§ 113(a)(1), 1151 & 1153; 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: Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 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) [Seminole County – Seminole Nation Reservation]

United States v. Jeramey Dill – 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, and Discharge a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i)(ii)(iii) [Cherokee County – Cherokee Nation Reservation]

United States v. Joseph Brandon Ferris – Count 1: Burglary in the First Degree in Indian Country – 18 U.S.C. §§ 1151, 1152 & 21 O.S. § 1431; Count 2: Assault with Intent to Commit Murder in Indian Country – 18 U.S.C. §§ 113(a)(1), 1151, and 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 and 1153; Count 4: Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151 and 1153 [Johnston County – Chickasaw Nation Reservation]

United States v. Richard Dakota Gore and Bronson Dalton Kent Gore – Count 1: Robbery in Indian Country – 18 U.S.C. §§ 2111, 1151, 1153 & 2; Count 2: Use, Carry, and Brandish a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i)(ii) & 2 [Pontotoc County – Chickasaw Nation Reservation]

United States v. Trab Aahrron Hatton – Count 1: Attempted Murder in Indian Country – 18 U.S.C. §§ 1113, 1151, & 1153; Count 2: Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 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) [Pontotoc County – Chickasaw Nation Reservation]

United States v. Rex Allen Hayes, Jr. – Involuntary Manslaughter in Indian Country – 18 U.S.C. §§ 1112, 1151 & 1152 [McCurtain County – Choctaw Nation Reservation]

United States v. Jeffrey Dywane Holcomb – Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151 & 1153 [Pittsburg County-  Choctaw Nation Reservation]

United States v. Autumn Elizabeth Grace Jackson, Sabrina Deanne Orr, and Dustin John Wood – Count 1: Attempted Murder in Indian Country- 18 U.S.C. §§ 1111(a), 1113, 1151 & 1153; Count 2: Robbery in Indian Country – 18 U.S.C. §§ 2111, 1151, 1153 & 2; Count 3: Burglary in the First Degree in Indian Country – 18 U.S.C. §§ 2, 1151, 1153 & 21 Okla. Stat. § 1431; Count 4: Maiming in Indian Country – 18 U.S.C. §§ 114, 1151 & 1153; Count 5: Assault with a Dangerous Weapon with Intent to do Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151, 1153 & 2; Count 6: Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151, 1153 & 2; Count 7: 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) [Seminole County – Seminole Nation Reservation]

United States v. Dawane Armone King – Count 1; Child Abuse in Indian Country – 18 U.S.C. § 1151, 1153 & 21 Okla. Stat. § 843.5(A); Count 2: Child Neglect in Indian Country – 18 U.S.C. §§ 1151, 1153 & 21 Okla. Stat. 843.5(C) [Choctaw County – Choctaw Nation Reservation]

United States v. Dillon Wayne McClain – Arson of a Dwelling in Indian Country – 18 U.S.C. §§ 81, 1151, & 1153 [Pontotoc County – Chickasaw Nation Reservation]

United States v. Billy James Menees and Ashley Dawn Marie Schardein – Count 1: Child Abuse in Indian Country – 18 U.S.C. §§ 1151, 1152, 2 & Okla. Stat. 83.5(A); Count 2: Child Neglect in Indian Country – 18 U.S.C. §§ 1151, 1152, 2 & Okla. Stat. 843.5(C) [Pittsburg County – Choctaw Nation Reservation]

United States v. Johnny Dale Morris – Assault with a Dangerous Weapon in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1152 [Sequoyah County – Cherokee Nation Reservation]

United States v. Abigail Perez and Dylan Tyler Neal – Count 1: Child Neglect in Indian Country – 18 U.S.C. §§ 2, 1151, 1153 & 21 Okla. Stat. 843.5(C); Count 2: Child Neglect in Indian Country – 18 U.S.C. §§ 2, 1151, 1152 & 21 Okla. Stat. 843.5(C) [Pontotoc County – Chickasaw Nation Reservation]

United States v. Timmie Lee Runnels Jr – Count 1: Assault with Intent to Commit Murder in Indian Country – 18 U.S.C. §§ 113(a)(1), 1151 & 1153; Count 2: Kidnapping in Indian Country – 18 U.S.C. §§ 1201(a)(2), 1151 & 1153; Count 3: Felon in Possession of Ammunition – 18 U.S.C. §§ 922(g)(1) & 924(a)(2); Count 4: Use, Carry, and Discharge of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i),(iii) [Pontotoc County – Chickasaw Nation Reservation/Coal County – Choctaw Nation Reservation]

United States v. Amber Rachelle Thurman – Child Neglect in Indian Country – 18 U.S.C. §§ 1151, 1153, & 21 Okla. Stat. 843.5(C) [Pontotoc County – Chickasaw Nation Reservation]

United States v. David Daniel Walker, a/k/a Boston – Count 1: Burglary in the First Degree in Indian Country – 18 U.S.C. §§ 1151, 1153 & 21 Okla. Stat. § 1431; Count 2: Robbery in Indian Country – 18 U.S.C. §§ 1151, 1153, & 2111; Count 3: Assault with a Dangerous Weapon with the Intent to do Bodily Harm in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1153 [Pontotoc County – Chickasaw Nation Reservation]

United States v. Jeremy Curtis Walker – Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151 & 1152 [Seminole County – Seminole Nation Reservation]

United States v. Dalton Ray Wallis – Count 1: Assault with Intent to Commit Murder in Indian Country – 18 U.S.C. §§ 113(a)(1), 1151, 1153; Count 2: Use, Carry, and Discharge of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. § 924(c)(1)(A)(i)(iii) [Adair County – Cherokee Nation Reservation]

United States v. Kevin Ray Ward and Anthony Juan Armenta – Count 1: Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 2, 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) & 2 [McCurtain County – Choctaw Nation Reservation]

United States v. Roberto Carlos Wesley – Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1153 [McCurtain County – Choctaw Nation Reservation]

United States v. Oscar Levon Luke Junior Worcester – Assault with a Dangerous Weapon with Intent to do Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1153 [Pontotoc County – Chickasaw Nation Reservation]

Non-Indian Country offenses:

United States v. Mr Lee Benton, a/k/a Mister Lee Benton, a/k/a Lee Benton – Possession with Intent to Distribute Methamphetamine [Seminole 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.
 

A federal grand jury in the Eastern District of Oklahoma has returned separate indictments charging 11 defendants with murder and other various violent crimes arising out of Indian Country.

Over the course of a three-day grand jury session in the U.S. District Court for the Eastern District of Oklahoma, trial attorneys with the Justice Department’s Organized Crime and Gang Section, working with and in support of the U.S. Attorney’s Office for the Eastern District of Oklahoma, obtained the indictments charging the 11 defendants. These indictments followed the reversal or dismissal of state cases as a result of the U.S. Supreme Court’s decision in McGirt v. Oklahoma.

In July 2020, the U.S. Supreme Court determined in McGirt v. Oklahoma that the historical boundaries of the Muscogee (Creek) Nation were never disestablished by Congress and therefore that the State of Oklahoma did not have jurisdiction to prosecute Jimcy McGirt for first degree rape and other state crimes. On March 11, the Oklahoma Court of Criminal Appeals ruled that the Cherokee reservation and the Chickasaw reservation were likewise never disestablished. Similar rulings affecting the Seminole and Choctaw reservations were issued by the Oklahoma Court of Criminal Appeals on April 1. As a result of these decisions, the United States has primary federal jurisdiction to prosecute major crimes committed by—or against—Native Americans occurring within the 26 counties of the Eastern District of Oklahoma.

The following indictments were returned by the federal grand jury and filed in the U.S. District Court for the Eastern District of Oklahoma:

United States v. Gregory Gamblin – Murder in Indian Country.

United States v. Gunnar Mathew Hemingway – Murder in Indian Country; using, carrying, and discharging a firearm during and in relation to a crime of violence; causing the death of a person.

United States v. Cody Nash James –Murder in Indian Country; causing the death of a person.

United States v. Brian Mack – Murder in Indian Country.

United States v. Robert Mitchell – Murder in Indian Country.

United States v. Clifton Parish – Murder in Indian Country; kidnapping resulting in death in Indian Country.

United States v. Jeffrey Pierce – Murder in Indian Country.

United States v. Tyas Short – Second degree murder in Indian Country; using, carrying, and discharging a firearm during and in relation to a crime of violence; causing the death of a person.

United State v. Devin Sizemore – Murder in Indian Country; second degree murder in Indian Country; voluntary manslaughter in Indian Country; child abuse in Indian Country; assault resulting in serious bodily injury in Indian Country; and assault on a police officer in Indian Country

United States v. John Duncan Stubbs – Murder in Indian Country; using, carrying, and discharging a firearm during and in relation to a crime of violence; causing the death of a person.

United States v. Johnson Wisdom – Murder in Indian Country.     

Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division; Acting U.S. Attorney Christopher J. Wilson of the Eastern District of Oklahoma; and Special Agent in Charge Melissa R. Godbold of the FBI’s Oklahoma City Field Office made the announcement.

The FBI is investigating the cases.

Trial Attorneys Gerald Collins, Rebecca Dunnan, Alex Gottfried, Lisa Man, Matthew Mattis, Christina Taylor, Christopher Taylor, and Kristen Taylor of the Criminal Division’s Organized Crime and Gangs Section are prosecuting the cases with the U.S. Attorney’s Office for the Eastern District of Oklahoma.

An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

MUSKOGEE, OKLAHOMA – In honor of National Police Week, Acting U.S. Attorney Christopher J. Wilson recognizes the service and sacrifice of federal, state, local, and Tribal law enforcement. This year, the week is observed Sunday, May 9 through Saturday, May 15, 2021. 

“This week is a time to honor our law enforcement officers who have made the ultimate sacrifice in service to our nation,” said Attorney General Garland. “I am constantly inspired by the extraordinary courage and dedication with which members of law enforcement act each day, putting their lives on the line to make our communities safer. To members of law enforcement and your families: we know that not a single day, nor a single week, is enough to recognize your service and sacrifice. On behalf of the entire Department of Justice, you have our unwavering support and eternal gratitude.”

“The citizens of the Eastern District of Oklahoma are safer because of our men and women in law enforcement who diligently protect and serve. We owe our local, state, tribal, and federal law enforcement officers and agents a profound debt of gratitude, and it is only fitting we honor them this week,” said Acting United States Attorney Christopher J. Wilson.

In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices.  Peace Officers Memorial Day, which every year falls on May 15, specifically honors law enforcement officers killed or disabled in the line of duty.   

Each year, during National Police Week, our nation celebrates the contributions of law enforcement from around the country, recognizing their hard work, dedication, loyalty, and commitment to keeping our communities safe. This year the COVID-19 pandemic has highlighted law enforcement officers’ courage and unwavering devotion to the communities that they have sworn to serve. 

During the Roll Call of Heroes, a ceremony coordinated by the Fraternal Order of Police (FOP), more than 300 officers will be honored.  Based on data submitted to and analyzed by the National Law Enforcement Officer Memorial Fund (NLEOMF), of the law enforcement officers who died nationwide in the line of duty in 2020, nearly 60 percent succumbed to COVID-19.

Additionally, according to statistics reported by the Federal Bureau of Investigation (FBI) through the Law Enforcement Officer Killed and Assaulted (LEOKA) Program, 46 law enforcement officers died as a result of felonious acts and 47 died in accidents in 2020.  LEOKA statistics can be found on FBI’s Crime Data Explorer website.  

The names of the 394 fallen officers who have been added in 2020 to the wall at the National Law Enforcement Officer Memorial will be read on Thursday, May 13, 2021, during a Virtual Candlelight Vigil, which will be livestreamed to the public at 8:00 PM EDT. The Police Week in-person public events, originally scheduled for May, have been rescheduled due to ongoing COVID-19 concerns to October 13-17, 2021. An in-person Candlelight Vigil event is scheduled for October 14, 2021. 

Those who wish to view the Virtual Candlelight Vigil on May 13, 2021, can watch on the NLEOMF at https://www.youtube.com/user/TheNLEOMF. The FOP’s Roll Call of Heroes can be viewed at www.fop.net. To view the schedule of virtual Police Week events in May, please view NLEOMF’s Police Week Flyer.

To learn more about National Police Week in-person events scheduled for October, please visit www.policeweek.org.
 

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that John Leroy Pruitt, III, age 44, of Braggs, Oklahoma entered a guilty plea to Possession Of Unregistered Firearm (Destructive Device), in violation of Title 26, United States Code, Sections 5861(d), 5841 and 5871, punishable by not more than 120 months’ imprisonment, a fine up to $250,000.00, or both. 

The Indictment alleged that on or about January 8, 2020, in the Eastern District of Oklahoma, the defendant, did knowingly possess a destructive device, which is a firearm, as defined in Title 26, United States Code, Section 5845, not registered to him in the National Firearms Registration and Transfer Record. 

The charges arose from an investigation by the Muskogee County Sheriff’s Office, the Oklahoma Highway Patrol, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. 

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

Assistant United States Attorney Dean Burris and Assistant United States Attorney Cameron McEwen represented the United States. 
 

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Glen Thomas West, age 35, of Okmulgee County, Oklahoma entered a guilty plea to Murder in Indian Country- Second Degree, in violation of Title 18, United States Code, Sections 1111(a) 1151, and 1153, punishable by death or imprisonment for life, a fine up to $250,000.00, or both. 

The Indictment alleged that on or about July 10, 2019, within the Eastern District of Oklahoma, in Indian Country, the defendant, an Indian, willfully, deliberately, maliciously, and with premeditation and malice aforethought, did unlawfully kill Edwin Dominic Reid, an Indian, with a firearm. 

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

The Honorable Steven P. 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.   

Assistant United States Attorney David Youll represented the United States. 

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced the Federal Grand Jury sitting in Muskogee completed a four-day session last Friday and returned ninety felony indictments. Acting United States Attorney Christopher Wilson called the session “historic.”

“The Eastern District of Oklahoma normally prosecutes around one hundred to one hundred-ten felony cases each year,” said Wilson. “During this last grand jury session alone, Assistant United States Attorneys from our office presented ninety cases and the grand jury returned ninety indictments, fourteen of which remain sealed pending arrest of the charged defendants. This is an unprecedented and historic number of indictments for the Eastern District.”

The vast majority of the new filings are crimes arising out of Indian Country. In July 2020, the United States Supreme Court determined in McGirt v. Oklahoma the historical boundaries of the Muscogee (Creek) Nation were never disestablished by Congress and the State of Oklahoma did not have jurisdiction to prosecute Jimcy McGirt for First Degree Rape by Instrumentation, Lewd Molestation and Forcible Sodomy. On March 11, 2021, the Oklahoma Court of Criminal Appeals ruled the Cherokee reservation and the Chickasaw reservation were likewise never disestablished. Similar rulings affecting the Seminole and Choctaw reservations were issued by the Oklahoma Court of Criminal Appeals on April 1, 2021. As a result of these decisions, the United States has primary federal jurisdiction to prosecute major crimes committed by Native Americans or against Native Americans occurring within the twenty-six counties of the Eastern District of Oklahoma.

“It has been our priority to transition defendants in state custody whose charges are being dismissed or convictions set aside as a result of McGirt into federal custody to stand trial in federal court,” said Wilson. “We were able to accomplish that with Jimcy McGirt and he was convicted by a federal jury for his crimes. This same goal has led to the record number of recent indictments.”

Of the seventy-six publicly filed indictments, all but six are violent crimes arising out of Indian Country. Thirty-four are murder charges, fourteen involve sexual assault or exploitation of minors, and the balance contain allegations of child abuse, attempted murder, involuntary manslaughter, felonious assault, robbery, and kidnapping. The six non-Indian Country cases involve illegal possession of narcotics, firearms offenses and failure to register as a sex offender.

The following indictments were returned by the federal grand jury and filed in the United States District Court for the Eastern District of Oklahoma:

Murder:

United States v. Dana Marie Barker - Murder in Indian Country
United States v. Melvin James Battiest – Murder in Perpetration of Robbery in Indian Country
United States v. Cory Dean Boykin – Murder in Indian Country
United States v. Kalup Allen Born – Count 1: Murder in Perpetration of Robbery & Kidnapping in Indian Country, Count 2: First Degree Burglary in Indian Country, Count 3: Robbery in Indian Country, and Count 4: Kidnapping in Indian Country
United States v. Byron Jerome Burton, a/k/a Bryon Burton, a/k/a Byron J. Burton – Count 1: Murder in Perpetration of Robbery in Indian Country and Count 2: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c)
United States v. K C Cole – Count 1: Murder in Indian Country and Count 2: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c)
United States v. Tyrik Da’Shon Cohee – Murder in Indian Country
United States v. Christopher Lynn Collins – Murder in Indian Country – Second Degree
United States v. Charles Michael Cooper – Count 1: Murder in Indian Country, Count 2: Murder in Indian Country in Perpetration of Burglary and Aggravated Sexual Abuse, Count 3: Burglary in the First Degree in Indian Country, Count 4: Aggravated Sexual Abuse in Indian Country, and Count 5: Arson in Indian Country
United States v. Andrew Duncan – Count 1: Murder in Indian Country, Count 2: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence and Count 3: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c)
United States v. Scott Eagle – Count 1: Murder in Indian Country and Count 2: Use, Carry and Brandish a Firearm During and in Relation to a Crime of Violence
United States v. Carlton Dion Franklin – Count 1: Murder in Indian Country, Count 2: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence and Count 3: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c)
United States v. Stormy Seth Gann – Count 1: Murder in Indian Country and Count 2: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c)
United States v. Glen Gore – Count 1: Murder in Indian Country and Count 2: Murder in Perpetration of Rape in Indian Country
United States v. Denise Grass – Murder in Indian Country
United States v. Bobby Joe Hector, Jr. – Murder in Indian Country
United States v. Joseph Allen Hernandez – Count 1: Murder in Indian Country, Count 2: Murder in Indian Country and Count 3: Arson in Indian Country
United States v. Shawn Thomas Jones – Count 1: Murder in Indian Country – Second Degree, Count 2: Murder in Indian Country – Second Degree and Count 3: Driving Under the Influence of Alcohol or Other Intoxicating Substance Resulting in Great Bodily Injury
United States v. Laurie Jean Martin – Murder in Indian Country
United States v. Earl McAlister, Edmon Lee McAlister, Jessie Wayne Hansen Jason Matthew Armstrong, Vanessa Mae Gregory, and Johnatan Allan Caldwell – Count 1: Murder in Indian Country, Count 2: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence, Count 3: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c), Count 4: Accessory After the Fact and Count 5: Conspiracy
United States v. Jessica Tyan Moore – Count 1: Murder in Indian Country and Count 2: Murder in Perpetration of Robbery in Indian Country
United States v. Tyler Jay Mullins – Murder in Indian Country
United States v. Jimmy Louis Northcutt, Jr. (Superseding Indictment) – Count 1: Murder in Indian Country, Count 2: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence, Count 3: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c), Count 4: Burglary in the Second Degree in Indian Country, Count 5: Felon in Possession of a Firearm and Count 6: Possession of Stolen Firearm
United States v. Delila Pacheco – Murder in Perpetration of Child Abuse in Indian Country
United States v. James Eric Parker – Count 1: Murder in Indian Country, Count 2: Murder in Perpetration of Kidnapping in Indian Country, Count 3: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence, Count 4: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c) and Count 5: Kidnapping in Indian Country
United States v. Tyler Presley – Count 1: Murder in Indian Country in Perpetration of Kidnapping, Count 2: Kidnapping in Indian Country Resulting in Death, Count 3: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence and Count 4Interstate Transportation of a Stolen Vehicle
United States v. Cainey Roberts Jr. – Murder in Indian Country
United States v. Clayton Joe Roberts – Murder in Perpetration of Child Abuse in Indian Country
United States v. Richard Wayne Jr. – Murder in Indian Country – Second Degree
United States v. David Glen Thompson – Murder in Indian Country
United States v. Keith Bruno Titsworth – Murder in Indian Country
United States v. Stephen Tanner Vineyard – Count 1: Murder in Indian Country and Count 2: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c)
United States v. Tonya Ann Watie – Count 1: Murder in Indian Country and Count 2: Murder in Perpetration of Burglary in Indian Country
United States v. Brandon Lee White – Count 1: Murder in Indian Country - Second Degree, Count 2: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence, Count 3: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c) and Count 4: Possession of Unregistered Firearm; Felon in Possession of a Firearm

Sexual Assault:

United States v. Ricky Don Ables, Jr. – Sexual Abuse of a Minor in Indian Country
United States v. Lucas James Blackbird – Sexual Abuse of a Minor in Indian Country
United States v. Keith Elmo Davis - Sexual Abuse of a Minor in Indian Country
United States v. J.D. Hooper Jr. – Count 1: Aggravated Sexual Abuse in Indian Country, Count 2: Aggravated Sexual Abuse in Indian Country, Count 3: Sexual Abuse of a Minor in Indian Country and Count 4: Sexual Abuse of a Minor in Indian Country
United States v. Garrett Joseph Hurst - Sexual Abuse in Indian Country
United States v. Ronnie Lee Lamb – Count 1: Sexual Abuse of a Minor in Indian Country, Count 2: Sexual Abuse of a Minor in Indian Country, Count 3: Sexual Abuse of a Minor in Indian Country, Count 4: Sexual Abuse of a Minor in Indian Country, Count 5: Possession Of Certain Material Involving the Sexual Exploitation of a Minor and Count 6: Transfer of Obscene Material to a Minor
United States v. Matthew Roy Lawson (Superseding Indictment) – Count 1: Aggravated Sexual Abuse in Indian Country, Count 2: Aggravated Sexual Abuse in Indian Country, Count 3:Aggravated Sexual Abuse in Indian Country, Count 4: Aggravated Sexual Abuse in Indian Country, Count 5: Lewd Acts with a Child in Indian Country, Count 6: Sexual Exploitation of a Child/Use of a Child to Produce a Visual Depiction and Count 7: Possession of Certain Material Involving the Sexual Exploitation of a Minor
United States v. Jay Leon McMillan – Count 1: Aggravated Sexual Abuse in Indian Country, Count 2: Aggravated Sexual Abuse in Indian Country, Count 3: Aggravated Sexual Abuse in Indian Country and Count 4: Aggravated Sexual Abuse in Indian Country
United States v. Santiago “Jimmy” Perez III – Count 1: Coercion and Enticement of a Minor, Count 2: Kidnapping in Indian Country and Count 3: Lewd Acts with a Child Under the Age of 12 in Indian Country
United States v. Danny Ray Reisman – Sexual Abuse in Indian Country
United States v. Levi Cody Root, Sr. – Count 1: Aggravated Sexual Abuse in Indian Country, Count 2: Aggravated Sexual Abuse in Indian Country and Count 3: Aggravated Sexual Abuse in Indian Country
United States v. Christopher Cody Eugene Space – Abusive Sexual Contact of a Child Age 12 to 16 Years
United States v. Philip Ryan Stanley – Counts 1-12: Sexual Abuse of a Minor in Indian Country
United States v. Lance Whelchel – Count 1: Sexual Abuse of a Minor in Indian Country and Count 2: Abusive Sexual Contact in Indian Country

Other violent crime in Indian Country:

United States v. Aaron Wayne Adams – Attempted Robbery in Indian Country
United States v. Nika Daniel Alexander – Count 1: Robbery in Indian Country, Count 2: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, Count 3: Use, Carry, and Brandish a Firearm During and in Relation to a Crime of Violence, Count 4: Robbery in Indian Country, Count 5: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country and Count 6: Use, Carry, and Brandish a Firearm During and in Relation to a Crime of Violence
United States v. Bryce Alan Benshoof – Count 1: Assault with Intent to Commit Murder in Indian Country, Count 2: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country and Count 3: Assault Resulting in Serious Bodily Injury in Indian Country
United States v. Kristy Lynn Bitar – Count 1: Attempt to Commit Murder in Indian Country and Count 2: Assault Resulting in Serious Bodily Injury in Indian Country
United States v. Chaland Teddie Lee Caldwell – Count 1: Assault with Intent to Commit Murder in Indian Country, Count 2: Assault with a Dangerous Weapon in Indian Country and Count 3: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence
United States v. Phabian Raphael Flores – Count 1: Robbery in Indian Country and Count 2: Use, Carry, and Brandish a Firearm During and in Relation to a Crime of Violence
United States v. Dion Shane Gilbert – Count 1: Assault of a Spouse, Intimate Partner and Dating Partner by Strangling, Suffocating and Attempting to Strangle and Suffocate in Indian Country, Count 2: Assault by Striking, Beating and Wounding in Indian Country, Count 3: Assault by Striking, Beating and Wounding in Indian Country and Count 4: Assault by Striking, Beating and Wounding in Indian Country
United States v. Nicholas Hammer – Count 1: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country and Count 2: Assault Resulting in Serious Bodily Injury in Indian Country
United States v. Geoffry Hitcher – Count 1: Kidnapping in Indian Country, Count 2: Robbery in Indian Country, Count 3: Assault Resulting in Serious Bodily Injury in Indian Country and Count 4: Assault Resulting in Serious Bodily Injury in Indian Country
United States v. Jonathon Linder – Child Abuse in Indian Country
United States v. Dalton Dwayne Livesay - Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country
United States v. Joseph Eugene Meyer (Superseding Indictment) – Count 1: Kidnapping in Indian Country, Count 2: Assault Resulting in Serious Bodily Injury in Indian Country, Count 3: Use, Carry and Brandish a Firearm During and in Relation to a Crime of Violence and Count 4: Felon in Possession of Firearm
United States v. James Russell Parker – Involuntary Manslaughter in Indian Country
United States v. Daniel Cruz Perez – Manslaughter in Indian Country
United States v. Philip Lee Ramos, a/k/a Phillip Lee Ramos – Robbery in Indian Country
United States v. Robert Dwayne Roberts – Involuntary Manslaughter in Indian Country
United States v. Scotty Lafay Russell – Count 1: Assault with Intent to Commit Murder in Indian Country, Count 2: Assault with Intent to Commit Murder in Indian Country, Count 3: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, Count 4: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, Count 5: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence and Count 6: Felon in Possession of a Firearm
United States v. Robert Dean Smith II – Count 1: Assault with a Dangerous Weapon in Indian Country and Count 2: Assault Resulting in Serious Bodily Injury in Indian Country
United States v. Justin Keith Taylor – Count 1: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, Count 2: Attempted Robbery in Indian Country and Count 3: Simple Assault in Indian Country
United States v. Nawllah S. Tiger and Jason Buck – Count 1: Child Abuse in Indian Country, Count 2: Child Abuse in Indian Country, Count 3: Child Neglect in Indian Country and Count 4: Child Neglect in Indian Country
United States v. Heather Nicole White – Involuntary Manslaughter in Indian Country
United States v. Tanya Michelle Wilson – Kidnapping in Indian Country

Non-Indian Country offenses:

United States v. Eduardo Angel and Jose Ramon Gutierrez, a/k/a Jose Ramon Gutierez – Possession with Intent to Distribute Methamphetamine
United States v. Regina Ballard - Possession with Intent to Distribute Methamphetamine
United States v. Jeremy Chad Gilliland – Possession of a Firearm by a Person Convicted in any Court of a Misdemeanor Crime of Domestic Violence
United States v. Mario Salazar-Mendez - Possession with Intent to Distribute Methamphetamine
United States v. Timothy Allen Stacy, II – Count 1: Possession with Intent to Distribute Methamphetamine, Count 2: Possession of Firearm in Furtherance of Drug Trafficking Crime, Count 3: Possession of Firearm in Furtherance of Drug Trafficking Crime, Count 4: Possession of Unregistered Firearm and Count 5: Felon in Possession of Firearm and Ammunition
United States v. Woodrow Michael Wisdom – Failure to Register as Sex Offender

An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
 

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Kyle Elliott Leitka, age 31, of Weleetka, Oklahoma, was sentenced to 13 months’ imprisonment and 10 years of supervised release for Abusive Sexual Contact In Indian Country, in violation of Title 18, United States Code, Sections 1151, 1153, 2244(b) and 2246(3). The charges arose from an investigation by the Federal Bureau of Investigation.

The Indictment to which the defendant previously entered a guilty plea alleged that on or about June 22, 2020, within the Eastern District of Oklahoma, in Indian Country, the defendant knowingly engaged and attempted to engage in abusive sexual contact with the victim.

Acting United States Attorney Christopher J. Wilson said, “Touching a child for sexual gratification is inexcusable.  It is criminal and morally repugnant.  Seeing our most vulnerable being preyed upon is heartbreaking, and it is the goal of the justice system to identify, prosecute and punish those responsible for these reprehensible crimes.”

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 hearing. Assistant United States Attorney Sarah McAmis represented the United States. Leitka 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.
 

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Hurley Dewayne Pitts, age 46, of Tahlequah, Oklahoma, was sentenced to 188 months’ imprisonment and 3 years of supervised release for Felon In Possession Of Firearm & Ammunition, in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2) and 924(e)(1) and Influencing Federal Official By Threatening Family Member, in violation of Title 18, United States Code, Sections 115(a)(1)(A) and 115(b)(4). The charges arose from an investigation by the Tahlequah Police Department and the Federal Bureau of Investigation.

The Superseding Indictment to which the defendant previously entered a guilty plea alleged that on or about January 18, 2020, within the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, and knowing of said conviction, did knowingly possess in and affecting commerce, a firearm and ammunition which had been shipped and transported in interstate commerce. 

The Superseding Indictment further alleged that on or about February 22, 2020, within the Eastern District of Oklahoma, the defendant, did threaten to assault, kidnap, and murder the immediate family members of T.C., a Task Force Officer for the Federal Bureau of Investigation, with intent to impede, intimidate, and interfere with T.C. while he was engaged in the performance of his official duties, and to retaliate against T.C. on account of the performance of his official duties.

Acting United States Attorney Christopher J. Wilson said, “The investigation and prosecution of Defendant Pitts is the result of strong working relationships law enforcement agencies have in the Eastern District.  Law enforcement have difficult and often dangerous jobs.  They put their lives on the line to protect our citizens on a daily basis.  When defendants choose to target law enforcement officers or their families with threats and intimidation, this office will stand shoulder to shoulder with the victims to ensure this type of conduct is not tolerated and defendants are held accountable.”

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. Assistant United States Attorney Clay Compton represented the United States.  Pitts was remanded to the custody of the United States Marshal to await commitment to United States Bureau of Prisons facility to serve his non-paroleable sentence of incarceration.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Darin Dawayne Tate, age 42, of Broken Bow, Oklahoma, was sentenced to 72 months’ imprisonment and 3 years of supervised release for Felon In Possession Of Ammunition, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). The charges arose from an investigation by the Idabel Police Department, the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

The Indictment to which the defendant previously entered a guilty plea alleged that on or about March 4, 2020, in the Eastern District of Oklahoma the defendant, having previously been convicted of a crime punishable by imprisonment for a term exceeding one year, and knowing of such conviction, did knowingly possess in and affecting commerce, ammunition which had been shipped and transported in interstate and foreign commerce.

Acting United States Attorney Christopher J. Wilson said, “Federal law is very clear – felons should not possess firearms or ammunition. Enforcement of this law has long been a priority of the Department of Justice, and this case is a classic example of how local, state and federal law enforcement can work together to accomplish this mission.”

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 hearing. Assistant United States Attorney Clay Compton represented the United States. Tate 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.
 

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Addison Paige Clark, age 30, of Broken Arrow, Oklahoma, was sentenced to 60 months’ imprisonment and 3 years of supervised release for Involuntary Manslaughter In Indian Country, in violation of Title 18, United States Code, Sections 1112, 1151 and 1153; and Driving Under The Influence Of Alcohol Or Other Intoxicating Substance Resulting In Great Bodily Injury, in violation of Title 18, United States Code, Sections 13, 1151 and 1152. Clark was also ordered to pay $14,326.26 in restitution. The charges arose from an investigation by the Muskogee Police Department and the Federal Bureau of Investigation.

The Information to which the defendant previously entered a guilty plea alleged that on or about June 21, 2019, in the Eastern District of Oklahoma, in Indian Country, the defendant, an Indian, did unlawfully kill Joshua Ray Jackson in the commission of an unlawful act not amounting to a felony, that is operating a motor vehicle under the influence of alcohol and a controlled substance, contrary to Title 47, Oklahoma Statutes Annotated, Section 11-902, without due caution and circumspection and with a wanton and reckless disregard for human life, and knew and should have known that her conduct imperiled the lives of others.

The Information further alleged that on or about June 21, 2019, in the Eastern District of Oklahoma, in Indian Country, the defendant, an Indian, did cause an accident in which E.J. suffered great bodily injury while driving a vehicle under the influence of alcohol and a controlled substance that made defendant incapable of safely driving a motor vehicle. 

Acting United States Attorney Christopher J. Wilson said, “Driving under the influence of drugs and alcohol is a serious offense and poses a grave danger to the public. Any loss of life is tragic, but it is even more so when the situation could have been avoided by making proper choices. The defendant’s senseless decision to drive her vehicle under the influence of alcohol and cannabinoids resulted in a motorcyclist being killed and the motorcycle passenger being seriously injured. This office is committed to not only holding criminals responsible for their actions, but also supporting the survivors of their needless actions.”

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. Assistant United States Attorney Clay Compton and Assistant United States Attorney Dean Burris represented the United States. Clark was remanded to the custody of the United States Marshal to await commitment to a United States Bureau of Prisons facility to serve her non-paroleable sentence of incarceration.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced today it has filed forty (40) violent crime in Indian Country cases since the March 11, 2021, Oklahoma Court of Criminal Appeals opinions in Bosse v. Oklahoma and Hogner v. Oklahoma. The cases include twenty-two murders, four manslaughters, and six sexual abuse offenses involving minor victims. The following cases have been filed in the United States District Court for the Eastern District of Oklahoma by Criminal Complaint:

United States v. K.C. Cole – Murder in Indian Country
United States v. Tonya Ann Waite – Murder in Indian Country
United States v. Earl McAlister – Murder in Indian Country
United States v. Johnatan Caldwell, Jason Armstrong, Jessie Hansen and Edmon McAlister – Murder in Indian Country
United States v. Scott Tate Eagle – Murder in Indian Country
United States v. Denise Grass – Murder in Indian Country
United States v. Joseph Allen Hernandez – Murder in Indian Country
United States v. David Glen Thompson – Murder in Indian Country
United States v. Tyrik D. Cohee – Murder in Indian Country
United States v. James Eric Parker – Murder in Indian Country
United States v. Laurie Martin – Murder in Indian Country
United States v. Tyler Mullins – Murder in Indian Country
United States v. Charles Cooper – Murder in Indian Country
United States v. Russell Williford – Murder in Indian Country
United States v. Jessica Tyan Moore – Murder in Indian Country
United States v. Bobby Joe Hector, Jr. – Murder in Indian Country
United States v. Glen Gore – Murder in Indian Country
United States v. Cory Boykin – Murder in Indian Country
United States v. Stormy Gann – Murder in Indian Country
United States v. Tyler Presley – Murder in Perpetration of Kidnapping in Indian Country
United States v. Delila Ann Pacheco – Murder in Perpetration of Child Abuse in Indian Country
United States v. Brandon White – Murder in Second Degree Indian Country 
United States v. Heather Nicole White – Manslaughter in Indian Country
United States v. Shawn Jones – Manslaughter in Indian Country
United States v. James Russell Parker – Manslaughter in Indian Country
United States v. Robert Dwayne Roberts – Manslaughter in Indian Country
United States v. Tanya Michelle Wilson – Kidnapping in Indian Country
United States v. Christopher Space – Abusive Sexual Contact of a Child in Indian Country
United States v. J.D. Hooper – Aggravated Sexual Abuse of a Child in Indian Country
United States v. Philip Ryan Stanley – Sexual Abuse of a Minor in Indian Country
United States v. Lance Whelchel – Sexual Abuse of a Minor in Indian Country
United States v. Lucas James Blackbird – Sexual Abuse of a Minor in Indian Country and Aggravated Sexual Abuse in Indian Country
United States v. Santiago Perez III – Lewd Acts with a Child in Indian Country
United States v. Geoffrey Hitcher – Assault Resulting in Serious Bodily Injury in Indian Country
United States v. Nicholas Hammer – Assault Resulting in Serious Bodily Injury in Indian Country
United States v. Justin Taylor - Assault with a Dangerous Weapon in Indian Country
United States v. Chavio Balderas – Assault with a Dangerous Weapon in Indian Country
United States v. Chalad Teddie Lee Caldwell – Assault with Intent to Commit Murder in Indian Country
United States v. Bryce Alan Benshoof – Assault with Intent to Commit Murder in Indian Country
United States v. Clarence Wesley Sands – Assault with Intent to Commit Murder in Indian Country

“Our goal has been and will continue to be protecting the people of the Eastern District of Oklahoma by focusing all of our available resources on ensuring that violent offenders are transitioned from state custody to federal custody to be tried for the violent crimes they have been charged with committing,” said Acting United States Attorney Christopher J. Wilson. “Our staff has been working many long and stress-filled hours reviewing law enforcement reports and preparing charging documents. The logistics of handling this volume of cases has been challenging and has required the cooperation of District Attorney Offices, Sheriff Offices, the Federal Bureau of Investigation, the United States Marshals Service, and the Oklahoma Department of Corrections.”

Many of the recent federal charges filed by the Eastern District of Oklahoma involve defendants previously convicted in state court. The Supreme Court decision in McGirt v. Oklahoma and the recent Oklahoma Court of Criminal Appeals rulings in Bosse and Hogner held that Congress never disestablished the reservations of the Muscogee (Creek) Nation, Chickasaw Nation and the Cherokee Nation, and the State of Oklahoma lacked jurisdiction to prosecute major crimes involving Native Americans occurring on these reservation lands. Based on these rulings, many state convictions have and will be vacated. It will be the responsibility of the federal government and/or tribal governments to prosecute the offenders. It is anticipated additional decisions impacting the Choctaw and Seminole Nations will be issued by the Oklahoma Court of Criminal Appeals in the coming days.

“As I stated when the recent Hogner and Bosse opinions came down, the Eastern District U.S. Attorney’s Office has been identifying cases of violent offenders currently in custody within the areas of the Cherokee and Chickasaw reservations which could be impacted by a change in Indian Country jurisdiction. The collective efforts of our state, local, tribal, and federal partners have enabled our office to have federal charges in place to avoid these violent offenders from being released from custody. The forty cases filed to date are only the beginning. We are reviewing and making charging decisions on additional cases daily. In addition, we have already discovered approximately 150 violent offender cases in the Choctaw and Seminole areas over which we anticipate assuming federal criminal jurisdiction if the OCCA renders similar rulings,” said Wilson. 

“I am keenly aware of the hardship the jurisdictional change has placed on so many victims,” said Wilson.  “As the previous state convictions are being vacated for lack of jurisdiction, victims and victim families are being forced to relive the entire process. We are committed to assisting the victims of these violent crimes as their cases navigate through the federal criminal justice system.”

A criminal complaint does not constitute evidence of guilt.  A criminal complaint is only a method of bringing formal charges against a defendant. A defendant is presumed innocent of the charges and may not be found guilty unless evidence establishes guilt beyond a reasonable doubt. 

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Brenda G. Walters, age 60, of Haskell, Oklahoma entered a guilty plea to Embezzlement from a Labor Organization, in violation of Title 29, United States Code, Section 501(c), punishable by not more than 5 years’ imprisonment, a fine up to $10,000.00, or both. 

From in or about January 2012, and continuing until in or about July 2020, within the Eastern District of Oklahoma and elsewhere, the defendant, while serving as the Secretary-Treasurer of American Postal Workers Union, AFL-CIO, Muskogee Local Area 7, a labor organization engaged in an industry affecting commerce, did embezzle, steal, abstract, and convert to her own use, money, funds, property, securities, and other assets of the labor organization in the approximate amount of $95,100.00. 

The charges arose from an investigation by the United States Department of Labor - Office of Labor-Management Standards. 

The Honorable Steven P. 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.   

Assistant United States Attorney Michael Cooper represented the United States.

An Oklahoma man pleaded guilty today to producing and possessing child pornography.

According to court documents, Hunter Jacob James Hope, 21, of Muldrow, 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 sexual acts with him or provided him over the internet with sexually explicit images of themselves.

Hope pleaded guilty to seven counts of production of child pornography and one count of possession of child pornography. According to his written plea agreement, he will face a term of imprisonment between 262 to 327 months. A federal district court judge will determine the sentence after considering the U.S. Sentencing Guidelines and other statutory factors. The plea agreement also requires that Hope pay restitution.

Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division; Acting U.S. Attorney Christopher J. Wilson of the Eastern District of Oklahoma; and Special Agent in Charge Ryan L. Spradlin of U.S. Immigrations and Customs Enforcement’s Homeland Security Investigations (HSI) Dallas made the announcement.

HSI investigated the case.

Trial Attorney Gwendelynn Bills of the Justice Department’s Child Exploitation and Obscenity Section (CEOS) is prosecuting the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Demarco Latrel Patterson, age 25, of Muskogee, Oklahoma entered a guilty plea to Sexual Abuse of a Minor in Indian Country, in violation of Title 18, United States Code, Sections 1151, 1153, 2243(a), and 2246, punishable by not more than 15 years’ imprisonment, a fine up to $250,000.00, or both. 

The Indictment alleged that on or about June 22, 2019, within the Eastern District of Oklahoma, in Indian Country, the defendant, an Indian, did knowingly engage in a sexual act as defined in Title 18, United States Code, Section 2246(2)(A), with a minor female who at that time had attained the age of 12 years, but had not attained the age of 16 years, and who was at least four years younger than defendant. 

The charges arose from an investigation by the Federal Bureau of Investigation.

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

Special Assistant United States Attorney Kyle J. Essley represented the United States.

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 entered a guilty plea to 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 the plea agreement, he will face a term of imprisonment between 262 and 327 months and a fine up to $250,000.00. 

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, Oklahoma Police Department and the Department of Homeland Security, Homeland Security Investigations.

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

Special Assistant United States Attorney Gwendelynn Bills represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Richard Lloyd Jack, Jr., age 57, of Mounds, Oklahoma entered a guilty plea to Assault Resulting in Serious Bodily Injury in Indian Country, in violation of Title 18, United States Code, Sections 113(a)(6), 2, 1151 and 1153, punishable by not more than 10 years imprisonment, a fine up to $250,000.00, or both. 

The Indictment alleged that on or about September 29, 2020, within the Eastern District of Oklahoma, in Indian Country, the defendant, Richard Lloyd Jack, Jr., an Indian, did assault G.W. resulting in serious bodily injury.

The charges arose from an investigation by the Federal Bureau of Investigation.

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

Special Assistant United States Attorney Benjamin D. Traster represented the United States.

MUSKOGEE, OKLAHOMA – Since the United States Supreme Court decision in McGirt v. Oklahoma was handed down in July 2020, the U.S. Attorney’s Office for the Eastern District of Oklahoma has been committed to ensuring that public safety is our top priority. The opinions released today by the Oklahoma Court of Criminal Appeals in Hogner v. Oklahoma and Bosse v. Oklahoma only reinforce that commitment, said Acting United States Attorney Christopher J. Wilson. “The Hogner and Bosse cases expand federal criminal jurisdiction to prosecute crimes committed by Indians or upon Indian victims in the territorial boundaries of the Cherokee and Chickasaw Nations.”

“In anticipation of today’s rulings, the U.S. Attorney’s Office has partnered with the district attorneys and tribal prosecutors within the Eastern District to identify cases which will be impacted by these decisions, said Acting United States Attorney Christopher J. Wilson. “We have also forged strong working relationships with local, state, tribal and federal law enforcement agencies to investigate crimes occurring within Indian Country. Our office will be building on the framework we set in place to address crimes occurring within the Muscogee (Creek) Nation after the McGirt opinion. This framework includes creating Indian Country prosecution teams, securing attorneys and support staff from other U.S. Attorney’s offices to serve terms in the Eastern District, as well as establishing case intake and referral procedures in cooperation with the Federal Bureau of Investigation.”

“The expansion of federal criminal jurisdiction resulting from the Hogner & Bosse rulings will no doubt dramatically increase our caseload, but I am confident the men and women of the U.S. Attorney’s Office for the Eastern District will rise to the challenge,” said Wilson.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Ronald Weslee Spears, age 58, of Okmulgee, Oklahoma entered a guilty plea to Assault Resulting in Serious Bodily Injury In Indian Country, in violation of Title 18, United States Code, Sections 113(a)(6), 1151 and 1152, punishable by not more than 10 years imprisonment, a fine up to $250,000.00, or both. 

On November 24, 2020, in Okmulgee, Oklahoma, the defendant shot B.P., in the hip, with a black powder pistol. As a result of being shot, B.P. suffered extreme physical pain, was at risk of death, and required hospitalization for several days.  The shooting took place within the territorial boundaries of the Muskogee Creek Nation and the Eastern District of Oklahoma. The victim, B.P., is a member of the Muskogee Creek Nation. 

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

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

Assistant United States Attorney Nalani Ching represented the United States. 

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Polly Anne Sanders, age 37, of Tulsa, Oklahoma entered a guilty plea to Assault with a Dangerous Weapon in Indian Country, in violation of Title 18, United States Code, Sections 113(a)(3), 1151 and 1153, punishable by not more than 10 years imprisonment, a fine up to $250,000.00, or both. 

The Indictment alleged that on or about August 18, 2020, within the Eastern District of Oklahoma, in Indian Country, the defendant, an Indian, did assault D.L., with a dangerous weapon, with intent to do bodily harm. 

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

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

Special Assistant United States Attorney L.C. Wright represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Deborah Kay Jenkins, age 48, of Porter, Oklahoma, was sentenced to 5 years probation and ordered to pay $68,885.00 in restitution for Theft, Embezzlement or Misapplication by Bank Employee, in violation of Title 18, United States Code, Section 656. The charges arose from an investigation by the Federal Deposit Insurance Corporation – Office of Inspector General and the Federal Bureau of Investigation.

The Information to which Jenkins previously entered a guilty plea alleged that from in or about May 2017 through in or about February 2019, in the Eastern District of Oklahoma, the defendant, being an employee of, and connected in a capacity with First Bank in Porter, Oklahoma, a bank whose deposits are insured by the Federal Deposit Insurance Corporation, with intent to injure and defraud the said First Bank, willfully misapplied, embezzled, abstracted, and purloined more than $1,000.00 of the moneys, funds, assets and securities entrusted to the custody and care of First Bank, in that the defendant withdrew cash and transferred funds from the bank and misapplied, embezzled, abstracted and purloined the funds.

“Financial institutions are vital components of our everyday economy. Banking customers expect their deposits to be secure in the hands of their local banks,” said Acting United States Attorney Christopher J. Wilson. “Bank employees who embezzle and steal funds undermine that confidence, and it is the role of the criminal justice system to hold them accountable. I appreciate the investigative work of the FDIC-OIG and the FBI to insure the defendant was identified and brought to justice.”
              
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. Assistant United States Attorney Shannon Henson represented the United States.

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that Robert Dale Ogden, age 45, of Oktaha, Oklahoma was found guilty by a federal jury of Count Two - Abusive Sexual Contact with a Child Age 12 to 16 Years, in violation of Title 18, United States Code, Sections 1151, 1153, 2244(a)(3), and 2246(3). The jury trial began with testimony on Tuesday, March 2, 2021 and concluded on Thursday, March 4, 2021 with the guilty verdict on Count Two. The jury returned a not guilty verdict on Count One - Abusive Sexual Contact with a Child Age 12 to 16 Years, in violation of Title 18, United States Code, Sections 1151, 1153, 2244(a)(3), and 2246(3). 

Evidence presented at trial proved that on or about June 26, 2019, within the Eastern District of Oklahoma, in Indian Country, the defendant, an Indian, did knowingly engage in and cause sexual contact as defined in Title 18, United States Code, Section 2246, with A.P., a person who had attained the age of 12 years but had not attained the age of 16 years and is at least four years younger than the person so engaging, to wit: intentionally touching, directly and not through the clothing, of the inner thigh, with an intent to abuse, humiliate, harass, degrade, arouse, and gratify the sexual desire of any person.

The verdict was the result of an investigation by the Oklahoma State Bureau of Investigation, the Muskogee County Sheriff’s Office, 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 its completion. Ogden was remanded to the custody of the United States Marshal pending the imposition of sentencing.

Assistant United States Attorney Sarah McAmis and Special Assistant United States Attorney Erin Cornell represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Derrick Leron Jordan, age 49, of Okmulgee, Oklahoma, was sentenced to 36 months’ imprisonment, and 5 years of supervised release for Failure to Register as Sex Offender, in violation of Title 18, United States Code, Sections 2250(a)(1), 2250(a)(2)(B) and 2250(a)(3). The charges arose from an investigation by the Okmulgee Police Department and the United States Marshals Service.

The Indictment to which Jordan previously entered a guilty plea alleged that from on or about December 14, 2018, until on or about March 24, 2020, in the Eastern District of Oklahoma, and elsewhere, the defendant, an individual required to register as a sex offender under the Sex Offender Registration and Notification Act, after having received a felony conviction from the State of Oklahoma on or about April 22, 1999, for Rape First Degree and Oral Sodomy, traveled in interstate commerce and knowingly failed to register and update his registration as required by the Sex Offender Registration and Notification Act.

Acting United States Attorney Christopher J. Wilson said, “Ensuring that sex offenders register and update their registration is an important way law enforcement can promote public safety. In 2006, Congress passed the Sex Offender Registration and Notification Act (SORNA) which made it a federal offense for any person required to register as sex offender who travels in interstate or foreign commerce to fail to register and/or update their registration. Defendants, like Mr. Jordan, who attempt to thwart the registration system will be located and brought to justice.”

“As part of our efforts to keep our communities safe, it is with great pride that the United States Marshals Service works alongside state, local and tribal law enforcement to ensure that convicted sex offenders comply with the requirements of the Sex Offender Registration and Notification Act” said, United States Marshal Kerry Pettingill.
              
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. The defendant will remain in custody pending transportation to the designated federal facility at which the non-paroleable sentence will be served. Assistant United States Attorney Nalani Ching represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Kenneth Gene Morgan a/k/a Kenny Morgan, age 44, of Muskogee, Oklahoma was sentenced to 18 months’ imprisonment and 3 years’ supervised release for Mail Fraud, in violation of Title 18, United States Code, Section 1341 and Tax Fraud, in violation of Title 26, United States Code, Section 7206(1). Morgan was also ordered to pay restitution in the amount of $442,883.66 to Direct Traffic Control, Inc. and restitution in the amount of $119,467.87 to the Internal Revenue Service. The charges arose from an investigation by the Federal Bureau of Investigation and the Internal Revenue Service.

The Information to which Morgan entered a guilty plea alleged in Count One that from August 15, 2016 through on or about March 22, 2017, in the Eastern District of Oklahoma and elsewhere, Morgan devised a scheme to defraud Direct Traffic Control, Inc. by diverting insurance claim funds received by Direct Traffic Control, Inc. through the U.S. Mail into his personal bank account. Specifically, on February 15, 2017, Morgan knowingly took and received from an authorized depository for mail an envelope, containing a check in the amount of $303,619.55, addressed to Direct Traffic Control, Inc. and Kenny Morgan.

The Information further alleged that on or about April 15, 2018, in the Eastern District of Oklahoma and elsewhere, the defendant, willfully made and subscribed a false 2017 Form 1040, U.S. Individual Income Tax Return, which contained and was verified by a written declaration that it was made under the penalties of perjury, and which he did not believe to be true and correct as to every material matter, in that he knowingly reported Adjusted Gross Income of $176,564.00, whereas, he then and there knew that the Adjusted Gross Income failed to report approximately $208,563.35 of income.

Morgan was ordered to surrender to the United States Bureau of Prisons by noon on May 1, 2021 to begin serving his sentence of imprisonment at a facility to be designated by BOP.

The Honorable David C. Joseph, U.S. District Judge from the United States District Court for the Western District of Louisiana, who is temporarily assigned to the Eastern District of Oklahoma, presided over the sentencing hearing. Assistant United States Attorney Douglas Horn represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Brandon Edward Bridges, age 24, of Muskogee, Oklahoma, was sentenced to 12 months’ imprisonment, and 2 years of supervised release for Child Neglect in Indian Country, in violation of Title 18, United States Code, Sections 1151, 1153 and Title 21, Oklahoma Statutes, Section 843.5(C). The charges arose from an investigation by the Federal Bureau of Investigation.

The Indictment to which Defendant Bridges previously entered a guilty plea alleged that on or about December 7, 2019, in the Eastern District of Oklahoma, in Indian Country, the defendant, Brandon Edward Bridges, willfully and maliciously failed and omitted to provide six children with adequate food, clothing, shelter, sanitation and hygiene and appropriate care and supervision and failed to protect those children from exposure to the use and possession of illegal drugs and illegal activities all while responsible for the children's health, safety and welfare.

“Exposing children to the use and possession of illegal narcotics is inexcusable criminal conduct which cannot be tolerated,” said Acting United States Attorney Christopher J. Wilson. “It has been and will continue to be a priority of the U.S. Attorney’s Office to see to it our most vulnerable are protected.”

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. The defendant will remain in custody pending transportation to the designated federal facility at which the non-paroleable sentence will be served. Assistant United States Attorney Jarrod Leaman represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Robert L. Lemons, age 33, of Idabel, Oklahoma, was sentenced to 30 months’ imprisonment for Felon In Possession of Firearm & Ammunition, in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2), and 924(e)(1). The charges arose from an investigation by the Idabel Police Department, the McCurtain County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. 

The single-count Indictment to which Lemons previously entered a guilty plea alleged that on or about January 13, 2019, in the Eastern District of Oklahoma, the defendant, Robert L. Lemons, having previously been convicted of a crime punishable by imprisonment for a term exceeding one year, and knowing of said conviction, did knowingly possess in and affecting commerce, a firearm and ammunition which had been shipped and transported in interstate and foreign commerce.

“The investigation in this case began with a report of a person exhibiting suspicious behavior. A citizen doing the right thing led to removing a firearm out of the hands of a convicted felon. If you see something unusual or suspicious, contact law enforcement immediately,” said Acting United States Attorney Christopher J. Wilson.

“Felons and firearms don’t mix, Mr. Lemons now knows this. The streets are safer because of the hard work of all our law enforcement partners,” stated ATF Special Agent in Charge Jeffrey C. Boshek II.
              
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. The defendant will remain in custody pending transportation to the designated federal facility at which the non-paroleable sentence will be served. Assistant United States Attorney Ben Gifford represented the United States.

MUSKOGEE, OKLAHOMA – Today United States Attorney Brian J. Kuester announced that he has submitted his resignation to President Biden, to be effective 11:59 PM on February 28, 2021. It is customary for newly elected presidents to ask for the resignations of United States Attorneys appointed by the previous administration. Kuester was nominated by President Trump and confirmed by the United States Senate in 2017. He took office on September 25, 2017. Immediately prior to his appointment, he was serving his second term as District Attorney for Oklahoma’s 27th District, which serves Adair, Cherokee, Sequoyah, and Wagoner Counties. 

As the United States Attorney, Kuester served as the chief federal law enforcement officer in the Eastern District of Oklahoma and was thereby responsible for all federal criminal prosecutions and civil litigation involving the United States in the district. Twenty-six of Oklahoma’s counties are within the Eastern District as well as the headquarters of each of the Five Civilized Tribes – the Cherokee, Chickasaw, Choctaw, Muscogee (Creek), and Seminole Nations. 

During his term, Kuester led the United States Attorney’s Office through several unprecedented challenges, including the longest federal government shutdown in history, a worldwide pandemic, and the impact of the U. S. Supreme Court’s landmark decision, McGirt v. Oklahoma. Despite these extraordinary circumstances, the office indicted more cases and defended more cases in which the United States had an interest than it had in previous administrations.

“I am proud of the quality and quantity of the work our office has accomplished. We have made the Eastern District a safer place to live, work, and raise a family, and protected the interests of the United States. But I am more proud that we accomplished this work by adherence to the enduring core values of the Department of Justice – Equal Justice Under the Law; Honesty and Integrity; Commitment to Excellence; and Respect for the Worth and Dignity of Each Human Being – and a renewed emphasis on our working relationships with federal, state, and tribal law enforcement agencies,” said Kuester. “Our relationships with our law enforcement partners have never been stronger. We have seen unprecedented team work by the law enforcement community serving the people of this district.”

Although the McGirt decision was decided in July 2020, the full impact of the decision has not yet been felt. It is anticipated decisions by the Oklahoma Court of Criminal Appeals in the coming weeks may extend the rationale of the McGirt decision, which currently applies only to the Muscogee (Creek) Nation, to the remaining four of the Five Civilized Tribes. If that occurs, the entire Eastern District will be recognized as Indian Country, greatly expanding federal criminal jurisdiction. The United States Attorney’s Office has been a leader in preparing the district for that potential. The re-recognition of the Muscogee (Creek) Nation has led to over a 1,500% increase in Violent Crime in Indian Country matters referred to the U.S. Attorney’s Office in the seven months since the decision. 

“We have worked closely with federal, state, and tribal agencies to prepare for the exponential increase in criminal cases over which the federal government will have primary jurisdiction. We have offered training on Indian Country Jurisdiction throughout the district; we have restructured our office – historically one of the smallest U.S. Attorney’s Office in the country – to better manage the drastic caseload increase; we have worked closely with the FBI to streamline the case intake process; we have transparently shared and received information with our law enforcement partners; and we have indicted many more defendants than ever  before in such a short period of time,” said Kuester. “The response by the men and women in this office and the Federal Bureau of Investigation has been nothing short of heroic. I am not surprised by that, it’s what I have come to expect of them. I have no doubt that great service will continue.” 

By virtue of the Vacancies Reform Act, Christopher J. Wilson, the current First Assistant United States Attorney, will serve as the Acting United States Attorney upon Kuester’s departure from the office.

“I am thankful to President Trump, Senators Inhofe and Lankford, and other members of the Senate for entrusting me with this office and the sacred mission it is responsible for,” said Kuester. “As I drive away from the office for the final time I’ll do so with the utmost confidence, trust, and respect for the men and women who will continue to carry out the most vital roles in government – upholding the Constitution, the administration of justice, and protecting the fiscal interests of our great Nation. Having had an opportunity to work alongside them in that very important work for nearly 3 ½ years has been the highlight of my professional career.”

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Lilliana Alvarez Soto, age 22, of Oklahoma City, Oklahoma entered a guilty plea to Drug Conspiracy in violation of Title 21, United States Code, Section 846, punishable by not less than 10 years and not more than life imprisonment, a fine up to $10,000,000.00, or both; and to  Money Laundering Conspiracy, in violation of Title 18, United States Code, Section 1956(a)(2)(A), punishable by not more than 20 years’ imprisonment, a fine up to $500,000.00, or both. 

The Indictment alleged that beginning on November 4, 2016 and continuing until on or about the date of Indictment, in the Eastern District of Oklahoma and elsewhere, LILLIANA ALVAREZ SOTO did willfully and knowingly combine, conspire, confederate, and agree with others known and unknown, including Enrique Pacheco, to violate federal drug laws by acquiring kilograms of heroin and distributing it for money.

The Indictment further alleged that from on or about July 15, 2019 through on or about the date of Indictment, in the Eastern District of Oklahoma and elsewhere, the defendant, did knowingly combine, conspire, and agree with others, persons known and unknown to the Grand Jury, to commit offenses against the United States in violation of Title 18, United States Code, Section 1956, to wit:  to transport, transmit and transfer and attempt to transport, transmit and transfer a monetary instrument and funds from a place in the United States to and through a place outside the United States with the intent to promote the carrying on of specified unlawful activity. 

The charges arose from a joint investigation led by the Drug Enforcement Administration, along with the Federal Bureau of Investigation, the Internal Revenue Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Oklahoma Bureau of Narcotics and Dangerous Drugs, the Oklahoma Department of Corrections, the Oklahoma Highway Patrol, the Muskogee County Sheriff’s Office, the Muskogee Police Department, and the Tulsa County Sheriff’s Office. Additionally, many prominent agencies which are members of the DEA High Intensity Drug Trafficking Area Task Force (“HIDTA”), contributed to this investigation, including: the Tulsa Police Department, the Broken Arrow Police Department, the Chickasaw Nation Lighthorse Police Department, the Miami Police Department, the Moore Police Department, the El Reno Police Department,  the Yukon Police Department, the Duncan Police Department, the Norman Police Department, the Choctaw Police Department, the Edmond Police Department, the Oklahoma County Sheriff’s Office, the Canadian County Sheriff’s Office, the Rogers County District Attorney’s Office, and the Oklahoma County District Attorney’s Office. The investigation was coordinated by the Organized Crime Drug Enforcement Task Force (“OCDETF”) of the Eastern District of Oklahoma. OCDETF is an initiative led and coordinated by the Office of the United States Attorney.

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

Assistant United States Attorney Rob Wallace and Assistant United States Attorney Ryan Conway represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Conrad Edward Nedd, age 36, of Broken Arrow, Oklahoma entered a guilty plea to Robbery In Indian Country, in violation of Title 18, United States Code, Sections 2111, 1151 and 1153, punishable by not more than 15 years imprisonment, a fine up to $250,000.00, or both. 

The Indictment alleged that on or about May 29, 2020, within the Eastern District of Oklahoma, in Indian Country, the defendant, an Indian, by force, violence, and intimidation, did take and attempt to take items of value from K.H.’s person and presence. 

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

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

Special Assistant United States Attorney Robert Reeves represented the United States.

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Stanley Wayne Zackery, Jr, age 38, of Weleetka, Oklahoma entered a guilty plea to Assault Resulting In Substantial Bodily Injury To A Spouse, Intimate Partner And Dating Partner In Indian Country, in violation of Title 18, United States Code, Sections 1151, 1153 and 113(a)(7), punishable by not more than 5 years’ imprisonment, a fine up to $250,000.00, or both.

The Indictment alleged that on or about August 20, 2019, within the Eastern District of Oklahoma, in Indian Country, the defendant did assault a spouse, intimate partner, and dating partner, resulting in substantial bodily injury. 

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

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

Special Assistant United States Attorney Craig Gestring represented the United States. 

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Megan Leanne Tillery, age 28, of Muskogee, Oklahoma entered a guilty plea to Child Neglect In Indian Country, in violation of Title 18, United States Code, Sections 1151, 1153, and 21 Oklahoma Statute § 843.5(G), punishable by any period of any term of years of imprisonment or for life, a fine up to $250,000.00, or both.  

The Indictment alleged that on or about August 2020, within the Eastern District of Oklahoma, in Indian Country, the defendant willfully and maliciously failed and omitted to provide adequate medical care, supervision, appropriate caretakers, and special care made necessary by the physical and mental condition of a child under the age of eighteen, all while the defendant was responsible for the health, safety and welfare of the child.

The charges arose from an investigation by the Federal Bureau of Investigation. 

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

Assistant United States Attorney Sarah McAmis represented the United States. 

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Phillip Lemont Jones, Jr., age 19, of Muskogee County, Oklahoma entered a guilty plea to Attempted Robbery In Indian Country, in violation of Title 18, United States Code, Sections 2111, 1151, 1153, and 2, punishable by up to 15 years’ imprisonment, a fine up to $250,000.00, or both. 

The Indictment alleged that on or about July 30, 2019, within the Eastern District of Oklahoma, in Indian Country, the defendant, by force and violence and by intimidation, did attempt to take items of value from the person and presence of D.L., an Indian.

The charges arose from an investigation by the Oklahoma State Bureau of Investigation, the Bureau of Alcohol, Tobacco, and Firearms, the Haskell Police Department, the Muskogee Police Department, and the Federal Bureau of Investigation. 

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

Assistant United States Attorney Ryan Conway represented the United States. 

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Michael Eco Hutke Haney, age 23, of Henryetta, Oklahoma entered a guilty plea to Attempted Sexual Abuse in Indian Country, Sexual Abuse in Indian Country, and Abusive Sexual contact of a child in Indian Country. Each count is punishable by any period of any term of years of imprisonment or for life, a fine up to $250,000.00, or both.

The Information alleged that on or about January 29, 2017, within the Eastern District of Oklahoma, in Indian Country, the Defendant, an Indian, did knowingly engage and attempt to engage in sexual acts with the victim, who was, as the defendant well knew, at that time incapable of appraising the nature of the conduct, physically incapable of declining participation in the aforementioned sexual acts, and who was physically incapable of communicating unwillingness to engage in the aforementioned sexual acts. 

The Information further alleged that on or about January 29, 2017, within the Eastern District of Oklahoma, in Indian Country, the defendant, an Indian, did knowingly engage in and cause sexual contact with the victim, a person who had not yet attained the age of 12 years, with an intent to abuse, humiliate, harass, degrade, and arouse and gratify the sexual desire of any person. 

The charges arose from an investigation by the Federal Bureau of Investigation. 

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

Special Assistant United States Attorney Benjamin D. Traster represented the United States.

On Jan. 15, 2021, a federal court issued a preliminary injunction in favor of the United States and against Jeffrey and Lauren Lowe, Greater Wynnewood Exotic Animal Park LLC, and Tiger King LLC based on claimed violations of the Endangered Species Act and the Animal Welfare Act. 

U.S. District Court Judge John F. Heil III ordered the Lowes to immediately surrender all Big Cat cubs under the age of one year and their mothers to the government for the pendency of the injunction.  The court also ordered the defendants to retain an attending veterinarian and to provide records accounting for all animals acquired and disposed of since June 2020.  The court further ordered the defendants and anyone acting on their behalf, including Eric Yano and Stephens Lane LLC, to cease exhibiting animals without a valid U.S. Department of Agriculture (USDA) license. 

“The Lowes have showed a shocking disregard for both the health and welfare of their animals, as well as the law,” said Acting Assistant Attorney General Jonathan D. Brightbill of the Justice Department’s Environment and Natural Resources Division.  “We are gratified the court agrees and ordered Mr. Lowe to stop ignoring his obligations under the Animal Welfare Act and the Endangered Species Act.” 

“This decision sends a clear message to both licensed and unlicensed exhibitors of the Animal Welfare Act’s reach,” said USDA Acting General Counsel Tyler S. Clarkson.  “USDA looks forward to continuing its close partnership with the Justice Department to litigate these cases and enforce the Animal Welfare Act.”

The court found that the Lowes’ failure to provide safe conditions, proper nutrition, and timely veterinary care resulted in harm to a number of animals, including the death of two tiger cubs less than a week apart.  Such evidence indicated that the defendants’ remaining Endangered Species Act protected animals are at risk of harm and convinced the court to grant the government’s motion for temporary restraining order and motion for preliminary injunction.  The court also found that the defendants’ pattern and practice of providing substandard care and their failure to employ a qualified attending veterinarian placed the health of the defendants’ animals in serious danger under the Animal Welfare Act, requiring injunctive relief.  Although long authorized by statute, this case marks the first time that the government sought civil judicial injunctive relief under the Animal Welfare Act. 

The court was not persuaded by the defendants’ argument that they were not “exhibitors” under the Animal Welfare Act because the zoo was still under construction.  The court found that the Lowes’ prior licensure and exhibition of animals, promoting Tiger King Park’s grand opening, making their animals available to the public through online platforms for compensation, and allowing camera crews onto the property to film for a show to appear on Netflix constituted “exhibiting” as contemplated by the Animal Welfare Act. 

Trial attorneys from the Environment and Natural Resources Division’s Wildlife and Marine Resources are handling the case.  They are assisted by attorneys from the Civil Division of the U.S. Attorney’s Office for the Eastern District of Oklahoma.  The case is being investigated by USDA’s Animal Plant and Health Inspection Service and the Department of the Interior’s Fish and Wildlife Service.

The case is United States v. Lowe, et al., No. 20-423 (E.D. Okla.).