FEDERAL DISTRICT ARCHIVE
Eastern District of Oklahoma
Press releases recorded for this federal judicial district.
Atoka Resident Sentenced for Sexually Abusing Minors in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Jimmy Dean Altom, age 56, of Atoka, Oklahoma, was sentenced to 94 months imprisonment on two counts of Sexual Abuse of a Minor in Indian Country. The sentences were ordered to run consecutively for a total of 188 months in the United States Bureau of Prisons.
The charges arose from investigations by the Atoka County Sheriff's Office, the Oklahoma State Bureau of Investigation, and the Federal Bureau of Investigation.
On December 20, 2021, Altom pleaded guilty to two counts of Sexual Abuse of a Minor in Indian Country. At the plea hearing Altom admitted he sexually abused two victims under the age of sixteen between 2013 and 2020.
“It is unthinkable that someone would sexually abuse another – especially a child,” said United States Attorney Christopher J. Wilson. “Unfortunately, it happens far too often. I am thankful for the work of the county, state, and federal investigators, and the members of my staff in this case. The prosecution of the defendant will ensure Altom is punished for his heinous crimes, and the victims receive the justice they deserve.”
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, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted these cases because the victims are members of federally recognized Indian tribes and the crimes occurred in Atoka County, within the boundaries of the Choctaw Nation Reservation and the Eastern District of Oklahoma.
The Honorable Ronald A. White, Chief Judge in the United States District Court for the Eastern District of Oklahoma, presided over the hearings in Muskogee. Altom will remain in custody of the U.S. Marshal pending transportation to a designated United States Bureau of Prisons facility to serve a non-paroleable sentence of incarceration.
Assistant United States Attorney Edith A. Singer represented the United States.
Tahlequah Residents Sentenced for Role in Cherokee County RobberyRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Kody Fields, age 24, Fvs-Chvtv Amos Lawhead, age 30, and Jimmy Dale Brown, age 31, all Tahlequah residents, were sentenced for their roles in a 2021 Cherokee County robbery. Lawhead and Fields were both sentenced to 120 months in prison. Brown was sentenced to 46 months in prison.
The charges arose from investigations by the Cherokee County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
On July 24, 2021, Fields, Lawhead, and Brown robbed a victim at gunpoint, firing multiple rounds, and demanding the victim’s cash, phone, firearm, and vehicle.
On February 9, 2022, Brown pleaded guilty to one count of Robbery, and Lawhead pleaded guilty to one count of Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence.
On February 22, 2022, Fields pleaded guilty to one count of Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence.
“Using firearms to commit crimes will not be tolerated in the Eastern District of Oklahoma,” said United States Attorney Christopher J. Wilson. “Under federal law, using, carrying, brandishing, and/or discharging a firearm during the commission of a violent crime subjects offenders to mandatory minimum prison sentences, and the U.S. Attorney’s Office will not hesitate to pursue these charges when the facts warrant.”
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted these cases because the defendants are members of a federally recognized Indian tribe and the crimes occurred in Cherokee County, within the boundaries of the Cherokee Nation Reservation and the Eastern District of Oklahoma.
The Honorable Ronald A. White, Chief Judge in the United States District Court for the Eastern District of Oklahoma, presided over the hearings in Muskogee. Fields, Lawhead, and Brown will remain in custody of the U.S. Marshal pending transportation to a designated United States Bureau of Prisons facility to serve non-paroleable sentences of incarceration.
Assistant United States Attorney Ryan Bondura represented the United States at sentencing.
Tishomingo Resident Sentenced for Murder in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Cory Dean Boykin, age 35, of Tishomingo, Oklahoma, was sentenced to 262 months in prison for Murder in Indian Country, Second Degree.
The charges arose from investigations by the Johnston County Sheriff’s Department, the Tishomingo Police Department, and the Federal Bureau of Investigation.
On November 21, 2020, Boykin beat and choked a female victim at a residence in Tishomingo, Oklahoma. Upon arrival at the crime scene, law enforcement discovered the victim unconscious. Emergency medical responders transported the victim to a local hospital where she died the following day. Boykin was later arrested and admitted to assaulting and strangling the victim.
On March 9, 2021, Boykin pleaded guilty to Murder in Indian Country, Second Degree.
“A senseless and brutal act of violence claimed the life of a vibrant young woman, and while the sentence imposed today represents justice under the law, the harm can never be undone,” said FBI Oklahoma City Special Agent in Charge Edward J. Gray. “I am grateful for the efforts of the investigators and prosecutors in this case to ensure the defendant will remain safely away from the public for many years to come.”
“The defendant’s callous and egregious acts warranted the lengthy prison term recommended by the United States and imposed by the Court,” said United States Attorney Christopher J. Wilson. “Although the sentence will never fully bring justice to the family, hopefully they can begin the healing process knowing the defendant is being held accountable for his crimes.”
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted this case because the defendant is a member of a federally recognized Indian tribe and the crimes occurred in Johnston County, within the boundaries of the Chickasaw Nation Reservation and the Eastern District of Oklahoma.
The Honorable Ronald White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, presided over the hearing in Muskogee. Boykin will remain in custody of the U.S. Marshal pending transportation to a designated United States Bureau of Prisons facility to serve a non-paroleable sentence of incarceration.
Assistant United States Attorney Jason Poe represented the United States.
Maryland Resident Sentenced for Possession with Intent to Distribute FentanylRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Jose Sanchez, of Maryland, was sentenced to 120 months in prison for one count of Possession with Intent to Distribute Fentanyl.
The charges arose from investigations by the Sequoyah County Sheriff’s Department and Homeland Security Investigations.
On May 2, 2022, Sanchez pleaded guilty to Possession with Intent to Distribute Fentanyl.
On November 18, 2019, a Sequoyah County deputy stopped Sanchez for speeding on Interstate 40. During the traffic stop, the deputy discovered a vacuum-sealed bag concealed under a rear speaker. The bag contained 9,648 counterfeit oxycodone pills which later tested positive for fentanyl. The fake pills contained over a kilogram of fentanyl.
“The defendant was transporting thousands of lethal doses of fentanyl," said United States Attorney Christopher J. Wilson. “Fentanyl is 50 times more potent than heroin, and a single dose of only two milligrams is potentially lethal. I commend the work of our law enforcement partners in discovering and seizing these counterfeit pills. Combatting the trafficking of illegal narcotics, especially fentanyl, in the Eastern District of Oklahoma continues to be a priority for the U.S. Attorney’s Office.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, presided over the hearings in Muskogee. Sanchez will remain in custody of the U.S. Marshal pending transportation to a designated United States Bureau of Prisons facility to serve a non-paroleable sentence of incarceration.
Assistant United States Attorney Ryan Conway represented the United States.
Wetumka Resident Sentenced for Possession with Intent to Distribute MethamphetamineRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Joseph Anthony Paxton, age 31, of Wetumka, Oklahoma, was sentenced to 58 months in prison for Possession with Intent to Distribute Methamphetamine.
The charges arose from investigations by the Hughes County Sheriff’s Department, the Oklahoma Bureau of Narcotics, the District 22 Drug and Violent Crime Task Force, and the United States Drug Enforcement Administration.
On March 15, 2022, Paxton pleaded guilty to Possession with Intent to Distribute Methamphetamine.
On November 28, 2020, law enforcement executed a search warrant on Paxton’s residence in Wetumka. Officers discovered approximately 12 grams of methamphetamine, baggies, digital scales, a .380 pistol, and ammunition.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, presided over the hearings in Muskogee. Paxton will remain in custody of the U.S. Marshal pending transportation to a designated United States Bureau of Prisons facility to serve a non-paroleable sentence of incarceration.
Vian Resident Sentenced for Aggravated Sexual Abuse of A Child in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Joshua Thomas Smith, age 41, of Vian, Oklahoma, was sentenced to 360 months in prison for Aggravated Sexual Abuse of a Minor in Indian Country.
The charges arose from an investigation by the Sequoyah County Sheriff’s Office and the Federal Bureau of Investigation.
On June 30, 2022, a federal jury found Smith guilty at trial of Aggravated Sexual Abuse of a Child in Indian Country. During the trial, the United States presented evidence that Joshua Thomas Smith sexually abused a child under the age of twelve from December of 2017 through March of 2018.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant is a member of a federally recognized Indian tribe and the crime occurred in Sequoyah County, within the boundaries of the Cherokee Nation Reservation, and within the Eastern District of Oklahoma.
The Honorable Bernard M. Jones, II, U.S. District Judge in the United States District Court for the Western District of Oklahoma, presided by assignment over the hearing in Muskogee. Thomas will remain in custody of the U.S. Marshal pending transportation to a designated United States Bureau of Prisons facility to serve his non-paroleable sentence of incarceration.
Assistant United States Attorney Edith A. Singer represented the United States.
McAlester Resident Sentenced for Arson in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Dalyn Ray Lane Johnson, age 24, of McAlester, Oklahoma, was sentenced on May 4, 2023, to 39 months in prison for Arson in Indian Country.
The charges arose from an investigation by the Hartshorne Police Department, the Oklahoma State Fire Marshal, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
According to investigators, on April 29, 2021, Johnson started a fight with a Hartshorne resident, and threatened to return and burn down the house. That same afternoon, video surveillance showed Johnson filling a fuel canister with gasoline at a Casey’s gas station. In the early morning hours of May 1st, the Hartshorne Fire Department responded to an emergency call and extinguished a fire at an unoccupied residence. Johnson fled, attempting to evade prosecution, and was later arrested on a federal warrant in Michigan on October 21st.
On March 9, 2022, Johnson pleaded guilty to Arson in Indian Country.
“Johnson’s arrest and conviction for arson was a team effort that resulted in a serious violent crime being solved and the perpetrator held accountable,” said SSA Ashley Stephens, Resident Agent in Charge, ATF Tulsa Field Office. “ATF is committed to working with our state, local and tribal partners to tirelessly combat violent crime in Eastern Oklahoma.”
"Arson can sometimes be a difficult crime to prosecute,” said United States Attorney Christopher J. Wilson. “Our law enforcement partners did an excellent job of gathering evidence and tracking down the defendant hundreds of miles from the crime scene.”
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted this case because the defendant is a member of a federally recognized Indian tribe and the crime occurred in Pittsburg County, within the boundaries of the Choctaw Nation Reservation and within the Eastern District of Oklahoma.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, presided over the hearing in Muskogee. Johnson was remanded to the custody of the U.S. Marshal at the conclusion of sentencing and will remain in custody pending transportation to a designated United States Bureau of Prisons facility to serve his non-paroleable sentence of incarceration.
Assistant United States Attorney Anthony C. Marek represented the United States.
Federal Jury Convicts Alabama Resident of Aggravated Sexual Abuse in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announces today that Dennis Hebert, age 38, of Phenix City, Alabama, was found guilty by a federal jury of one count of Aggravated Sexual Abuse in Indian Country.
The jury trial began with testimony on May 15, 2023, and concluded on May 17, 2023, with the guilty verdict.
During the trial, the United States presented evidence that on July 21, 2021, in McAlester, Oklahoma, the defendant, Dennis Hebert, engaged in a sexual act with a child under the age of twelve. The government also called another witness who testified to having been sexually abused by Hebert as a child.
The case was investigated by the Choctaw Nation Tribal Police and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the victim is a member of a federally recognized Indian tribe and the crimes occurred in Pittsburg County, within the boundaries of the Choctaw Nation Reservation and the Eastern District of Oklahoma.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, presided over the trial in Muskogee and ordered the completion of a presentence report. The sentencing will be scheduled following completion of the report. The defendant will remain in the custody of the United States Marshal until sentencing.
Assistant United States Attorneys Anthony C. Marek and Caila M. Cleary represented the United States.
Muskogee County Resident Sentenced for Assault and Firearm Offenses in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Joseph Eugene Meyer, age 39, of Muskogee, Oklahoma, was sentenced to 156 months in prison for Assault with a Dangerous Weapon with Intent to Do Bodily Harm in Indian Country and Use, Carry, and Brandish of a Firearm During and in Relation to a Crime of Violence.
The charges arose from investigations by the Federal Bureau of Investigation, Muskogee Police Department, and Wagoner County Sheriff’s Office.
Between December 7 and December 10, 2019, Meyer beat the victim with a revolver and other objects. As a result of the assault, the victim suffered from a subdural hematoma, broken ribs, a collapsed lung, and other wounds, bruises, and contusions.
On November 2, 2021, Meyer pleaded guilty to one count of Assault with a Dangerous Weapon with Intent to Do Bodily Harm in Indian Country and one count of Use, Carry, and Brandish of a Firearm During and in Relation to a Crime of Violence.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted this case because the victim is a member of a federally recognized Indian tribe and the crimes occurred within the boundaries of the Cherokee Nation Reservation and the Eastern District of Oklahoma.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, presided over the hearings in Muskogee, Oklahoma. Meyer was remanded to the custody of the U.S. Marshal pending transportation to a designated United States Bureau of Prisons facility to serve a sentence of incarceration.
Assistant United States Attorney Benjamin D. Traster represented the United States.
Adair County Resident Pleads Guilty to Aggravated Sexual Abuse in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Bryan Udale Jones, 63, of Stilwell, Oklahoma, entered a guilty plea to Aggravated Sexual Abuse in Indian Country, which is punishable by not less than thirty years imprisonment.
Government prosecutors alleged that beginning in 2003 and continuing until 2010, the defendant engaged in sexual acts with a child who had not yet attained the age of 12. As a part of the plea allocution, the defendant also admitted to sexually assaulting three other children, all less than 12 years old at the time of the abuse.
The charges arose from an investigation by the Adair County Sheriff’s Office and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant is a member of a federally recognized Indian tribe and the crimes occurred in Adair County, within the boundaries of the Cherokee Nation Reservation, and within the Eastern District of Oklahoma.
The Honorable Jason A. Robertson, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the pleas and ordered the completion of a presentence investigation report. Sentencing will be scheduled following completion of the report. Jones was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorneys Nicole Paladino and Anthony C. Marek represented the United States.
Ada Resident Sentenced for Manslaughter in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Nathan Paul Nolen, age 47, of Ada, Oklahoma, was sentenced for driving while under the influence of methamphetamine and causing a fatal car crash. Nolen was sentenced to 68 months in prison for Manslaughter in Indian Country.
The charges arose from investigations by the Oklahoma Highway Patrol and the Federal Bureau of Investigations.
On May 10, 2022, Nolen pleaded guilty to Manslaughter in Indian Country. According to investigators, the defendant was driving under the influence of methamphetamine when he crossed the center line of State Highway 3 in Pontotoc County, Oklahoma. The defendant struck an oncoming vehicle, killing two passengers and seriously injuring a third.
“No sentence will fully heal the pain from this tragic loss of two innocent lives,” said FBI Oklahoma City Special Agent in Charge Edward J. Gray. “But it is important for our community to see such careless actions come with very serious consequences. The FBI and our law enforcement partners will continue to hold accountable those who engage in criminally reckless violence.”
“The defendant’s decision to ingest methamphetamine and drive a motor vehicle resulted in a disastrous collision and loss of life,” said United States Attorney Christopher J. Wilson. “My heart goes out to the families of the victims, and I can only hope the sentence imposed will deter the defendant and others from driving under the influence and endangering the lives of others.”
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted these cases because the victim is a member of a federally recognized Indian tribe and the crimes occurred in Pontotoc County, within the boundaries of the Chickasaw Nation Reservation and within the Eastern District of Oklahoma.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, presided over the hearings in Muskogee. Nolen will remain in custody of the U.S. Marshal pending transportation to a designated United States Bureau of Prisons facility to serve a non-paroleable sentence of incarceration.
Assistant United States Attorney Zachary W. Parsons represented the United States.
Krebs Resident Sentenced for Possession with Intent to Distribute MethamphetamineRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Jeffery Owen Freeman, age 54, of Krebs, Oklahoma, was sentenced to 235 months for one count of Possession with Intent to Distribute Methamphetamine.
The charges arose from an investigation by the Krebs Police Department, the McAlester Police Department, and the U.S. Drug Enforcement Administration.
On November 13, 2021, law enforcement officers conducting a routine traffic stop discovered Jeffery Freeman, a felon, in possession of several baggies containing a total of 192.4 grams of pure methamphetamine, a set of digital scales, and a loaded Sig Sauer, Model P365, 9x19 mm caliber, semi-automatic pistol. Freeman was on probation supervision at the time of his arrest.
On July 19, 2022, Jeffery Freeman pleaded guilty to Possession with Intent to Distribute Methamphetamine, a violation 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A).
“This is yet another example of the outstanding partnership and collaboration between the DEA, law enforcement partners and the United States Attorney’s Office of the Eastern District of Oklahoma. The arrest of Mr. Freeman has undoubtedly made our communities safer and prevented the further destruction that methamphetamine can bring to our neighborhoods” said Eduardo A. Chavez, Special Agent in Charge, U.S. Drug Enforcement Administration, Dallas Field Division.
“The defendant has a long history of drug and firearms offenses, and the 235-month sentence imposed should send a clear message that dealing illegal drugs will not be tolerated in the Eastern District of Oklahoma,” said United States Attorney Christopher J. Wilson.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, presided over the hearings in Muskogee. Jeffery Freeman will remain in custody of the U.S. Marshal pending transportation to a designated United States Bureau of Prisons facility to serve his sentence of incarceration.
Assistant United States Attorney Joshua Satter represented the United States.
Hulbert Resident Sentenced for Federal Firearm OffenseRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Jeramey Dill, age 34, of Hulbert, Oklahoma, was sentenced to 120 months in prison for one count of Use, Carry, and Discharge of a Firearm During and in Relation to a Crime of Violence.
The charges arose from investigations by the Cherokee County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
On May 3, 2021, during a violent argument, Dill pulled a handgun and discharged his weapon multiple times. The victim sustained a non–life threatening gunshot wound to his leg and Dill fled the scene before deputies arrived. Investigators recovered multiple .40 caliber shell casings from the scene. Dill was arrested at his residence the following day by investigators serving a search warrant and confessed to the shooting.
Dill pleaded guilty to the offense on October 28, 2021.
This case is part of Project Safe Neighborhoods, a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the U.S. Department of Justice launched a violent crime reduction strategy to foster trust and legitimacy in our communities, support community-based organizations that help prevent violence, set focused and strategic enforcement priorities, and produce measurable results.
The Honorable Charles B. Goodwin, U.S. District Judge in the United States District Court for the Western District of Oklahoma, presided over the hearings in Oklahoma City. Dill will remain in custody of the U.S. Marshal pending transportation to a designated United States Bureau of Prisons facility to serve his sentence of incarceration.
Assistant United States Attorney Ryan Bondura represented the United States.
Adair County Resident Pleads Guilty to Aggravated Sexual Abuse in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Bryan Udale Jones, 63, of Stillwell, Oklahoma, entered a guilty plea to Aggravated Sexual Abuse in Indian Country, which is punishable by not less than thirty years imprisonment.
Government prosecutors alleged that beginning in 2003 and continuing until 2010, the defendant engaged in sexual acts with a child who had not yet attained the age of 12. As a part of the plea allocution, the defendant also admitted to sexually assaulting three other children, all less than 12 years old at the time of the abuse.
The charges arose from an investigation by the Adair County Sheriff’s Office and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant is a member of a federally recognized Indian tribe and the crimes occurred in Adair County, within the boundaries of the Cherokee Nation Reservation, and within the Eastern District of Oklahoma.
The Honorable Jason A. Robertson, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the pleas and ordered the completion of a presentence investigation report. Sentencing will be scheduled following completion of the report. Jones was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorneys Nicole Paladino and Anthony C. Marek represented the United States.
Pittsburg County Residents Sentenced for Murder in Indian Country and Accessory After the FactRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announces that Jimmy Holmes Nace, age 50, and Matthew Jennings Vermillion, age 44, both of Pittsburg County, Oklahoma, were sentenced for their roles in a homicide that occurred in Pittsburg County, Oklahoma. Nace was sentenced to 180 months for Murder in Indian Country – Second Degree on May 4, 2023. Vermillion was sentenced to 102 months for Accessory After the Fact to the murder on March 27, 2023.
The charges arose from an investigation by the Pittsburg County Sheriff’s Office, the Oklahoma State Bureau of Investigation, the U.S. Army Criminal Investigations Command at Joint Base Lewis-McChord in Washington state, and the Federal Bureau of Investigation.
On July 3, 2019, Nace assaulted an individual, and—together with Vermillion and a third individual—transported the victim to a rural community cemetery in Vermillion’s truck. Once at the cemetery, Nace and the third individual killed the victim before Nace lit the body on fire.
On January 20, 2022, Vermillion pleaded guilty to one count of Accessory After the Fact to a murder. On March 14, 2022, the eve of trial, Nace pleaded guilty to one count of Murder in Indian Country – Second Degree.
“The cooperative efforts of county, state, and federal law enforcement agencies investigating this horrible crime resulted in the defendants being prosecuted and imprisoned for their actions,” said United States Attorney Christopher J. Wilson.
“Today’s sentencing holds both defendants accountable for the callous and brutal murder of an innocent man,” said FBI Oklahoma City Special Agent in Charge Edward J. Gray. “We hope it will bring a sense of closure to the victim’s family, while affirming the FBI’s commitment to pursuing justice for those affected by violence.”
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted this case because the victim was a member of a federally recognized Indian tribe and the crime occurred in Pittsburg County, which is within the boundaries of the Choctaw Nation Reservation and the Eastern District of Oklahoma.
The Honorable Ronald A. White, United States District Judge for the Eastern District of Oklahoma, presided over the case and sentenced Nace and Vermillion in Muskogee, Oklahoma. Nace and Vermillion were remanded to the custody of the U.S. Marshal at the conclusion of their sentencing. They will remain in custody pending transportation to a designated United States Bureau of Prisons facility to serve their sentence of incarceration.
Assistant United States Attorney Cameron McEwen represented the United States.
Federal Jury Convicts Adair County Resident of Two Counts of Aggravated Sexual AbuseRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Jerry Wayne Asbill, Jr., age 42, of Adair County, Oklahoma was found guilty by a federal jury of two counts of Aggravated Sexual Abuse in Indian Country.
The jury trial began with testimony on Monday, May 8, 2023, and concluded on Wednesday, May 10, 2023, with the guilty verdicts.
During the trial, the United States presented evidence that the defendant took a child to a hotel and molested the child there in November of 2018. The government was able to corroborate the hotel stay through various records.
The guilty verdicts were the result of investigations by the Adair County Sheriff’s Office and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant is a member of a federally recognized Indian tribe and the crimes occurred in Adair County, within the boundaries of the Cherokee Nation Reservation of Oklahoma and the Eastern District of Oklahoma.
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, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
The Honorable Kea W. Riggs, U.S. District Judge in the United States District Court for the District of New Mexico, sitting by assignment in the Eastern District of Oklahoma, presided over the trial in Muskogee and ordered the completion of a presentence report. The sentencing will be scheduled following completion of the report. The defendant was remanded to the custody of the United States Marshal and will remain in custody until the sentencing hearing.
Assistant United States Attorneys Morgan Muzljakovich and Nicole Paladino represented the United States.
Ada Resident Sentenced for Bank RobberyRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Matthew Thomas Pettigrew, age 42, of Ada, Oklahoma, was sentenced to 46 months for Bank Robbery on April 6, 2023.
The charge arose from an investigation by the Ada Police Department and the Federal Bureau of Investigation.
On November 15, 2021, Pettigrew entered the Citizens Bank of Ada, a federally insured financial institution, and demanded money. The following day law enforcement officers tracked Pettigrew to a casino, where he was arrested.
On March 9, 2022, Pettigrew pleaded guilty to one count of Bank Robbery.
The Honorable Charles B. Goodwin, United States District Judge for the Eastern District of Oklahoma, presided over the case and sentenced Pettigrew in Oklahoma City, Oklahoma. Pettigrew was remanded to the custody of the U.S. Marshal at the conclusion of his sentencing. He will remain in custody pending transportation to a designated United States Bureau of Prisons facility to serve his sentence of incarceration.
Assistant United States Attorney Cameron McEwen represented the United States.
Okmulgee County Resident Sentenced for Brutal MurderRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Neil Shai Cameron Lewis, age 28, of Okmulgee County, Oklahoma, was sentenced to 223 months in prison for Murder in Indian Country—Second Degree.
The charges arose from investigations by the Muscogee (Creek) Nation Lighthorse Police and the Federal Bureau of Investigation.
Lewis pleaded guilty to Murder in Indian Country—Second Degree on September 30, 2021. The investigation of the case revealed Lewis beat the victim to death with a television and a coat rack after an evening of drinking at the victim’s apartment. Police investigating an Emergency Medical Services call discovered the victim lying on the floor of his apartment and Lewis covered in the victim’s blood.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted this case because the defendant is a member of a federally recognized Indian tribe and the crimes occurred in Okmulgee County, within the boundaries of the Muscogee (Creek) Nation Reservation and within the Eastern District of Oklahoma.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, presided over the hearings in Muskogee. Lewis was remanded to the custody of the U.S. Marshal pending transportation to a designated United States Bureau of Prisons facility to serve his sentence of incarceration.
Okmulgee County Resident Sentenced for Brutal MurderRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Neil Shai Cameron Lewis, age 28, of Okmulgee County, Oklahoma, was sentenced to 223 months in prison for Murder in Indian Country—Second Degree.
The charges arose from investigations by the Muscogee (Creek) Nation Lighthorse Police and the Federal Bureau of Investigation.
Lewis pleaded guilty to Murder in Indian Country—Second Degree on September 30, 2021. The investigation of the case revealed Lewis beat the victim to death with a television and a coat rack after an evening of drinking at the victim’s apartment. Police investigating an Emergency Medical Services call discovered the victim lying on the floor of his apartment and Lewis covered in the victim’s blood.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted this case because the defendant is a member of a federally recognized Indian tribe and the crimes occurred in Okmulgee County, within the boundaries of the Muscogee (Creek) Nation Reservation and within the Eastern District of Oklahoma.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, presided over the hearings in Muskogee. Lewis was remanded to the custody of the U.S. Marshal pending transportation to a designated United States Bureau of Prisons facility to serve his sentence of incarceration.
Muskogee Resident Sentenced for Robbery in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Philip Lee Ramos a/k/a Phillip Lee Ramos, age 32, of Muskogee, Oklahoma, was sentenced to 60 months in prison for Robbery in Indian Country.
The charges arose from investigations by the Muskogee Police Department.
On April 18, 2023, Philip Lee Ramos pleaded guilty to Robbery in Indian Country. According to court documents, on December 2, 2020, Ramos robbed an individual at knifepoint at a Muskogee, Oklahoma hotel.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted this case because the defendant is a member of a federally recognized Indian tribe and the crimes occurred in Muskogee County, within the boundaries of the Muscogee (Creek) Nation Reservation and within the Eastern District of Oklahoma.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, presided over the hearings in Muskogee. Ramos was remanded to the custody of the U.S. Marshal pending transportation to a designated United States Bureau of Prisons facility to serve a non-paroleable sentence of incarceration.
Assistant United States Attorney Jordan Howanitz represented the United States at the sentencing.
Ardmore Residents Sentenced for Use and Carry of A Firearm in Furtherance of A Crime of ViolenceRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announces that Shawn Braiden Hickman, age 19, of Ardmore, Oklahoma, and Christopher Hunter Skolarski, age 20, of Ardmore, Oklahoma, have been sentenced to 60 months in prison for Use and Carry of a Firearm in Furtherance of a Crime of Violence.
On March 9, 2022, Skolarski pled guilty to one count of Use and Carry of a Firearm in Furtherance of a Crime of Violence, and on April 12, 2022, Hickman pled guilty to one count of Use and Carry of a Firearm in Furtherance of a Crime of Violence. The guilty pleas stemmed from an incident September 27, 2021, wherein Hickman and Skolarski attempted to rob a pedestrian at gunpoint on a city street in Ardmore.
The charge arose from an investigation by the Ardmore Police Department and the Federal Bureau of Investigation.
“Prosecuting criminals who use firearms to commit violent crimes is a priority of the Department of Justice," said United States Attorney Christopher J. Wilson. “Gun crime will not be tolerated.”
"This case serves as a reminder to violent offenders who are a menace in our communities, that the FBI continues to protect the public and hold accountable those who have such bold disregard for the law and for the safety of others,” said FBI Oklahoma City Special Agent in Charge Edward J. Gray.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted this case because Hickman and the victim are members of federally recognized Indian tribes and the crime occurred in Carter County, which is within the boundaries of the Chickasaw Nation Reservation and the Eastern District of Oklahoma.
The Honorable Charles B. Goodwin, United States District Judge for the Western District of Oklahoma, presided over the case and sentenced Hickman and Skolarski in Oklahoma City, Oklahoma. Hickman and Skolarski were remanded to the custody of the U.S. Marshal at the conclusion of their sentencing. They will remain in custody pending transportation to a designated United States Bureau of Prisons facility to serve their sentence of incarceration.
Assistant United States Attorney Cameron McEwen represented the United States.
Justice Department Strengthens Efforts to Address the Crisis of Missing or Murdered Indigenous PersonsRead the Press Release
MUSKOGEE, OKLAHOMA -- The Justice Department joins its partners across the federal government, as well as people throughout American Indian and Alaska Native communities, in recognizing May 5, 2023 as National Missing or Murdered Indigenous Persons Awareness Day. Responding to the unacceptable levels of violence that have led to the crisis of Missing or Murdered Indigenous Persons (MMIP) is a priority of the Department of Justice every day.
The department’s work to respond to the MMIP crisis is a whole-of-department effort that takes many forms. One year ago today, Deputy Attorney General Lisa Monaco joined Secretary of the Interior Deb Haaland to launch the Not Invisible Act Commission, a joint Commission established by the Not Invisible Act with an essential mission — to reduce violence against American Indians and Alaska Natives. In February, they welcomed the first in-person plenary meeting of the Not Invisible Act Commission. Since then, the department’s representatives on the commission—who are department leaders and subject matter experts—have participated in the Commission’s field hearings, which will continue through the summer. Later this year, the Commission will deliver recommendations for addressing the MMIP crisis to the Attorney General and the Secretary. In addition to supporting the Not Invisible Act Commission, the department remains steadfast in its commitment to addressing the MMIP crisis.
“The Justice Department is marshalling the full strength of its resources to confront the crisis of Missing or Murdered Indigenous Persons, which has devastated the lives of victims, their families, and entire Tribal communities,” said Attorney General Merrick B. Garland. “Addressing this crisis requires a whole-of-government approach, and we are grateful for the partnership of Tribal and other law enforcement agencies across the nation that are working alongside the Justice Department to help reduce crime and support victims in American Indian and Alaska Native communities.”
“Missing or Murdered Indigenous Persons Awareness Day calls on our nation to pause and honor the loved ones who have gone missing or who have been the victims of violent crime,” said Deputy Attorney General Lisa O. Monaco. “Acknowledging the many American Indian and Alaska Native people who have suffered, and continue to suffer, from the pain of a missing loved one or of violent crime serves as an important reminder of the urgency and importance of the department’s work to respond to the crisis of missing or murdered indigenous persons. The Justice Department—including our dedicated agents, analysts, and prosecutors—remains steadfast in our pledge to work as partners with Tribal governments in preventing and responding to the violence that has disproportionately harmed Tribal communities.”
“The Justice Department is committed to using every resource at its disposal to combat the Missing or Murdered Indigenous Persons Crisis,” said Associate Attorney General Vanita Gupta. “In addition to our core law-enforcement work, we are providing grant funding and guidance to help Tribes develop response plans for missing-persons cases, partner effectively with local law enforcement, and provide resources for victims of crime.”
“Addressing the issue of Missing and Murdered Indigenous Persons is a priority of the Department of Justice and the United States Attorney’s Office for the Eastern District of Oklahoma,” said United States Attorney Christopher J. Wilson. “Recently, in coordination with our sister districts in Oklahoma, my office developed and distributed guidelines for law enforcement response to MMIP cases within the Eastern District. In April, I had the privilege to attend the first field hearing of the Not Invisible Act Commission and to meet with members of the Commission. These sessions reinforced the need for federal, state, local and tribal law enforcement agencies to work cooperatively to confront violent crime within Indian Country. We remain committed to that goal.”
Department Prioritization of MMIP Cases
In July 2022, Deputy Attorney General Monaco issued a memorandum reiterating that it is a priority of the Department of Justice to address the disproportionately high rates of violence experienced by American Indians and Alaska Natives, and relatedly, the high rates of indigenous persons reported missing. The memorandum directed each United States Attorney with Indian country jurisdiction — along with their law enforcement partners at DOJ — to update and develop new plans for addressing public safety in Indian country.
Publication of Updated Attorney General Guidelines for Victim and Witness Assistance
In October 2022, Attorney General Merrick B. Garland issued revised Attorney General Guidelines for Victim and Witness Assistance. The revised guidelines, which was updated for the first time in a decade, address when and how department employees work with victims and witnesses of crime to ensure that their voices are heard and that they are protected during criminal justice proceedings. For the first time the guidelines include cultural and linguistic considerations for victims from American Indian and Alaska Native communities.
National Native American Outreach Services Liaison
Last year, the department announced the creation of a new National Native American Outreach Services Liaison. Since that announcement, the Liaison has begun to help amplify the voice of crime victims in Indian country and their families across the department as they navigate the federal criminal justice system. In the coming months, the Liaison will meet with survivors and family members of MMIP to learn more about the current challenges in MMIP cases and to make recommendations about the department’s continued response.
Federal Law Enforcement Strategy to Prevent and Respond to the MMIP Crisis
In July 2022, the Department of Justice and the Department of the Interior submitted a report pursuant to Sections 2 and 4(a) of Executive Order 14053, which called for “coordinated and comprehensive Federal law enforcement strategy to prevent and respond to violence against Native Americans, including to address missing or murdered indigenous people where the federal government has jurisdiction.” The report was published late last year and is available on the department website here.
Guide for Tribal Community Response Plans for Missing Persons Cases
In December 2022, the department published a Guide to Developing a Tribal Community Response Plan for Missing Persons Cases. This Guide is a resource for Tribes interested in developing a plan to respond to missing person cases that is tailored to the specific needs, resources, and culture of Tribal communities.
Launch of the COPS Office Tribal MOU/MOA Resource Library
On Monday of this week, the department’s Office of Community Oriented Policing Services (COPS) published its Tribal Memorandum of Understanding (MOU)/Memorandum of Agreement (MOA) Sample Resource Library. This library provides users with the resources to research and successfully draft agreements that will help agencies develop and solidify partnerships to address missing or murdered Indigenous persons cases.
Expanded Scope of the Tribal Victim Services Set-Aside Grant Program
The department’s Office for Victims of Crime (OVC) expanded the scope of allowable activities under its Tribal Victim Services Set-Aside (TVSSA) grant program to permit Tribal communities to pay for costs related to generating awareness of individual missing persons cases involving American Indians and Alaska Native persons, supporting private search efforts for missing American Indians and Alaska Native persons in certain circumstances, and supporting efforts to coordinate the Tribal, state, and federal response to MMIP cases.
Government-to-Government Tribal Consultation on Violence Against Women
In September 2022, the department’s Office of Violence Against Women (OVW) held the 17th Annual OVW Government-to Government Tribal Consultation on Violence Against Women in Anchorage, Alaska. OVW is responsible for conducting annual government-to-government consultations with the leaders of all Federally recognized Indian Tribal governments on behalf of the Attorney General. The 2022 Tribal consultation report is available here.
National Institute of Justice Study of MMIP Cases in New Mexico
Last year, the department’s National Institute of Justice (NIJ) funded a study that will provide vital information regarding the prevalence and context of cases of MMIP in New Mexico and, importantly, will inform long-term data collection, analysis, and reporting strategies on MMIP cases. These improvements will support data-driven decision-making regarding MMIP in New Mexico moving forward.
Additional Department of Justice Resources
For additional information about the Department of Justice’s efforts to address the MMIP crisis, please visit the Missing or Murdered Indigenous Persons section of the Tribal Safety and Justice website.
Click here for more information about reporting or identifying missing persons.
Federal Jury Convicts Muskogee Resident of First-Degree Murder in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Robert William Rainford, age 50, of Muskogee, Oklahoma was found guilty by a federal jury of one count of First-Degree Murder in Indian Country, one count of Use, Carry, Brandish, and Discharge of a Firearm During and in Relation to a Crime of Violence, and one count of Causing Death with a Firearm.
The jury trial began with testimony on Monday, May 1, 2023, and concluded on Friday, May 5, 2023, with the guilty verdicts. Based on the verdicts, the defendant is facing a mandatory minimum sentence of life imprisonment.
During the trial, the United States presented evidence that on or about December 12, 2021, the defendant shot his 49-year old neighbor ten times and killed him. The defendant claimed insanity, arguing that he was involuntarily intoxicated on prescription Adderall at the time of the crime. The Government refuted this at trial, showing that while the defendant had used methamphetamine and abused his prescription Adderall, he understood the actions he took when he killed his neighbor.
The guilty verdicts were the result of an investigation by the Muskogee County Sheriff’s Office and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the victim in this case is a member of a federally recognized Indian tribe and the crimes occurred within the boundaries of the Muscogee (Creek) Nation Reservation.
The Honorable Margaret Strickland, U.S. District Judge in the United States District Court for the District of New Mexico, sitting by designation, presided over the trial and ordered the completion of a presentence report. The defendant was remanded to the custody of the United States Marshal pending sentencing.
Assistant United States Attorneys Kevin Gross and Ryan Bondura represented the United States at trial.
Federal Jury Convicts Seminole Resident of First-Degree Murder in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Coker Dean Barker, age 36, of Seminole, Oklahoma was found guilty by a federal jury of one count of First-Degree Murder in Indian Country, one count of Use, Carry, Brandish, and Discharge of a Firearm During and in Relation to a Crime of Violence, and one count of Causing Death with a Firearm.
The jury trial began with testimony on Monday, April 3, 2023, and concluded on Monday, April 10, 2023, with the guilty verdicts.
During the trial, the United States presented evidence that in April of 2019, Barker brutally attacked and killed a 43-year-old Seminole man. During the fatal attack, Barker stabbed and beat the victim, and fired multiple rounds into his body. Autopsy results revealed the victim sustained 18 broken ribs, two punctured lungs, and bullet wounds from multiple firearms. After killing the victim, Barker burned the evidence to evade prosecution, and attempted to flee to Mexico. U.S. Customs and Border Protection apprehended Barker before he crossed the border and returned him to Oklahoma for prosecution. After his indictment in 2021, the defendant escaped from jail, but was captured by U.S. Marshals and returned to custody.
The guilty verdicts were the result of investigations by the Seminole Police Department, the Seminole County Sheriff’s Office, the Oklahoma State Bureau of Investigation, the Texas Rangers, U.S. Customs and Border Protection, and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the Defendant is a member of a federally recognized Indian tribe and the crimes occurred in Seminole County, within the boundaries of the Seminole Nation Reservation of Oklahoma and the Eastern District of Oklahoma.
The Honorable John F. Heil, III, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. The sentencing will be scheduled following completion of the report. The defendant will remain in custody of the U.S. Marshals until sentencing.
Assistant United States Attorneys Kevin Gross and Zachary Parsons represented the United States.
Man Convicted of Child Abuse Resulting in Death and Voluntary ManslaughterRead the Press Release
A federal jury convicted an Oklahoma man on April 10 for the death of his daughter in Indian Country.
According to court documents and evidence presented at trial, Devin Warren Sizemore, 28, of McAlester, drowned his 21-month-old daughter. Sizemore was estranged from the child’s mother when he took the child for a visit. When he did not return the child and did not return to his residence, law enforcement was notified. Officers located Sizemore at a barn near a pond, where they confronted him and realized the child was face down in the pond. Sizemore admitted he “baptized” the victim and held her under water for approximately 30 seconds.
The Department of Justice’s Criminal Division and U.S. Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant and victim in this case are members of a federally recognized Indian tribe and the crimes occurred in Pittsburg County, within the boundaries of the Choctaw Nation Reservation and within the Eastern District of Oklahoma.
Sizemore was convicted of child abuse resulting in death and voluntary manslaughter and will be sentenced at a later date. Sizemore faces a maximum penalty of life in prison for the child abuse resulting in death charge and 15 years in prison for the voluntary manslaughter charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney Christopher J. Wilson for the Eastern District of Oklahoma, and Special Agent in Charge Edward J. Gray of the FBI Oklahoma City Field Office made the announcement.
The FBI, Oklahoma Bureau of Investigation, McAlester Police Department, Krebs Police Department, and Pittsburg County Sheriff’s Office investigated the case.
Trial Attorneys Lisa K. Man and Gerald A. A. Collins of the Criminal Division’s Organized Crime and Gang Section are prosecuting the case, with assistance from the U.S. Attorney’s Office for the Eastern District of Oklahoma and the District 18 (Pittsburg and Haskell Counties) District Attorney’s Office.
Marble City Resident Sentenced for Murder, Arson in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Joseph Allen Hernandez, age 34, of Marble City, Oklahoma, was sentenced for his role in two homicides. Hernandez was sentenced to life in prison for two counts of Murder in Indian Country, and 20 years imprisonment for one count of Arson in Indian Country.
A jury found Hernandez guilty in November 2021 of the murders of his mother and grandmother. During the trial, the United States presented evidence that Hernandez doused both victims in accelerant and set them on fire at their home in Marble City, Oklahoma.
The guilty verdicts were the result of an investigation by the Sequoyah County Sheriff’s Office and the Federal Bureau of Investigation.
"The crimes committed by Hernandez were horrific, and there is no question the sentencing is just,” said FBI Oklahoma City Special Agent in Charge Edward J. Gray. “We hope the life sentence handed down today brings a sense of closure and healing for the family of his victims. The FBI is proud to have worked alongside our partners at the Sequoyah County Sheriff’s Office and the U.S. Attorney’s Office in this investigation."
“The sentencing of Joseph Hernandez to life imprisonment ensures he will be held accountable for the heinous act he committed upon members of his own family and never again step outside the confines of a federal penitentiary to victimize others,” said United States Attorney Christopher J. Wilson.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant is a member of a federally-recognized Indian tribe and the crimes occurred in Sequoyah County, within the boundaries of the Cherokee Nation Reservation and the Eastern District of Oklahoma.
The Honorable Charles B. Goodwin, U.S. District Judge in the United States District Court for the Western District of Oklahoma in Oklahoma City, presided over the hearing. Upon sentencing, Hernandez was remanded to the custody of the United States Marshal.
Assistant United States Attorney Jarrod Leaman represented the United States.
Choctaw County Resident Sentenced for Abusive Sexual Contact in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Jimmy Ray Robinson, age 55, of Choctaw County, Oklahoma, was sentenced to the statutory maximum 24 months in federal prison for one count of Abusive Sexual Contact in Indian Country. Robinson pleaded guilty to the offense in August 2022.
The evidence in this case established that in September of 2020, Robinson intentionally touched a child over the clothing in a sexual manner. The victim disclosed the abuse and provided details during a forensic interview.
On August 24, 2022, Robinson pleaded guilty to one count of Abusive Sexual Contact in Indian Country. Robinson was immediately remanded to the custody of the U.S. Marshal to await sentencing.
The Federal Bureau of Investigation conducted the investigation.
“Let today’s sentence send the message that those who prey on Oklahoma’s children will be found and prosecuted to the fullest extent of the law,” said FBI Oklahoma City Special Agent in Charge Edward J. Gray. “The FBI and our law enforcement partners remain committed to ensuring the safety of our communities, especially our most vulnerable citizens."
“Cases like this are especially troubling and heart-wrenching,” said United States Attorney Christopher J. Wilson. “I am thankful for the work of the Federal Bureau of Investigation and the United States Attorney’s Office to see to it the defendant was brought to justice.”
Prosecutors brought this case as part of Project Safe Childhood. Project Safe Childhood is a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood draws on federal, state, and local agencies to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted this case because the defendant is a member of a federally recognized Indian tribe and the crimes occurred in Choctaw County, within the boundaries of the Choctaw Nation Reservation and the Eastern District of Oklahoma.
The Honorable Bernard M. Jones, U.S. District Judge in the United States District Court for the Western District of Oklahoma, presided over the sentencing in Muskogee. Robinson will remain in custody pending transportation to a designated United States Bureau of Prisons facility to serve his non-paroleable sentence of incarceration. Upon completion of his term of imprisonment, Robinson will serve a life term of supervised release under Federal supervision.
Assistant United States Attorney Edith Singer represented the United States.
Ada, Oklahoma Podiatrist Agrees to Pay $7,000,000.00 to Resolve False Claims Act AllegationsRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Dr. Bryan Andrew Blanck, a Doctor of Podiatric Medicine (DPM) who formerly owned and operated the Valley View Foot and Ankle Center, located in Ada, Oklahoma, has agreed to pay $7,000,000.00 to the United States to resolve allegations he violated provisions of the False Claims Act (FCA).
The settlement resolves allegations that Dr. Blanck submitted false claims to the VA Choice/Patient-Centered Community Care programs for excessive medical services and for higher levels of service than what were medically reasonable or necessary for veterans receiving bioengineered skin substitutes and skin substitute related treatment.
The Department of Veterans Affairs, Veterans Health Administration (VHA), provides integrated health care to U.S. Military Veterans in the United States through VA Medical Centers and VA Outpatient Clinics. VHA provides health care services similar to traditional hospitals. Veterans enrolled in VA health care have the option to receive care at the VA or at health care facilities within the local community. TriWest oversees the scheduling, claims processing and billing functions for veterans receiving care in the community. Dr. Blanck accepted and treated veterans at the Valley View Foot and Ankle Clinic.
An audit conducted by the VA revealed that from February 14, 2017 – June 14, 2018, Dr. Blanck was the #1 billing podiatrist out of 4,014 podiatrists nationwide in VA Choice and accounted for 23.7% of total podiatrist billings in the VA Choice program. During the same time period, Dr. Blanck was the #1 billing provider out of 280,073 individual providers in the entire VA Choice program across the nation. These high billing numbers sparked an investigation by the VA-Office of Inspector General. Based on the investigation, it was alleged Dr. Blanck misrepresented the seriousness of patients’ wounds to Tri-West in order to obtain authorization to administer bioengineered skin substitutes and copy and pasted medical notes as justification for his billing. For skin substitutes to be used, a detailed treatment history is required of standard wound care for a minimum of four weeks. At the end of the minimum four weeks, documentation must be shown as to why standard wound care has failed and it is necessary to use skin substitutes. It was alleged Dr. Blanck regularly administered skin substitutes without performing standard preliminary wound care and billed the VA Choice program for these medically unnecessary services.
“Protecting the citizens of our district against unscrupulous health care providers who do not play by the rules is a priority for my office,” said United States Attorney Christopher J. Wilson. “Billing for and receiving payment for medically unnecessary and inappropriate levels of care is wrong and a waste of taxpayer dollars. The False Claims Act is a valuable weapon in the government’s arsenal to combat these types of abuses.”
“Subjecting veterans to unnecessary medical procedures at the expense of the taxpayer cannot be tolerated. Such activities put at risk VA’s ability to provide timely, quality health care within the local community,” said Special Agent in Charge Kris Raper with the Department of Veterans Affairs Office of the Inspector General’s South Central Field Office. “The VA OIG will continue to work with our law enforcement partners to ensure the integrity of VA’s programs and services.”
This civil settlement illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $26.7 billion through False Claims Act cases, with more than $16.8 billion of that amount recovered in cases involving fraud against federal health care programs.
This case was a coordinated effort among the United States Attorney’s Office for the Eastern District of Oklahoma and the Office of the Inspector General of Veteran Affairs. The lawsuit is captioned United States v. Bryan Blanck, Case No. 6:23-cv-00003-JAR (E.D. Okla.).
Assistant United States Attorneys Michael O'Malley and Clay Compton represented the United States.
The claims settled or pursued by the government are only allegations; there has been no determination of liability.
Ada Resident Sentenced for Domestic Violence, Child Neglect, and Assault with A Dangerous WeaponRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announces that Terrell Eugene Delozier, age 39, of Ada, Oklahoma, was sentenced to 46 months for domestic violence, 46 months for assault with a dangerous weapon, and 57 months for child neglect on March 29, 2023. The sentences will run concurrently.
The charges arose from an investigation by the Ada Police Department, the Chickasaw Lighthorse Police Department, and the Federal Bureau of Investigation.
On February 15, 2022, Delozier pleaded guilty to one count of Domestic Violence in Indian Country, one count of Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, and one count of Child Neglect in Indian Country stemming from a single incident on April 28, 2021, where he assaulted and threatened a former intimate partner in front of her children.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted this case because the victims are members of a federally recognized Indian tribe and the crimes occurred in Pontotoc County, which is within the boundaries of the Chickasaw Nation Reservation and the Eastern District of Oklahoma.
“Domestic violence is a scourge which impacts and destabilizes all segments of society, including our Tribal Nations. Today’s sentencing of Terrell Delozier for domestic violence affords safety to his victims and ensures that crimes against intimate partners and children continue to be taken seriously in the Eastern District of Oklahoma,” said United States Attorney Christopher J. Wilson.
"The severe assault by Terrell Delozier will have long-lasting effects on his victims, including young children, who should never have to endure such violence,” said FBI Oklahoma City Special Agent in Charge Edward J. Gray. “The FBI will continue to work with our law enforcement partners to aggressively pursue these cases and ensure justice is met for violent offenders.”
The Honorable Bernard M. Jones, II, U.S. District Judge in the United States District Court for the Western District of Oklahoma, presided over the hearings in Muskogee. Delozier was remanded to the custody of the U.S. Marshal at the conclusion of sentencing. He will remain in custody pending transportation to a designated United States Bureau of Prisons facility to serve his sentence of incarceration.
Assistant United States Attorney Cameron McEwen represented the United States.
Muskogee Resident Sentenced to Life for Sexually Abusing Child in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced that Joseph Stanley Harjo, age 40, of Muskogee, Oklahoma, was sentenced to life in federal prison for Aggravated Sexual Abuse in Indian Country. Harjo was found guilty of the offense by a federal jury in November 2021.
At trial, the United States presented evidence that in June 2016, Harjo sexually abused a six-year-old child. Days later, the child disclosed the abuse and provided further details during a forensic interview. Five additional witnesses testified at trial that Harjo sexually assaulted each of them when they were between the ages of four and twelve.
The case was investigated by the Muskogee Police Department and the Federal Bureau of Investigation.
“The defendant is clearly a sexual predator, and the life sentence imposed by the Court ensures he will never be able to victimize another child,” said United States Attorney Christopher J. Wilson. “I am thankful for the cooperative efforts of our law enforcement partners in this case. Their investigative work enabled my Assistant United States Attorneys to pursue the prosecution of the defendant and deliver justice to those he victimized.”
“Our children are our most vulnerable citizens, and we will do everything in our power to protect them by getting predators like Harjo off the street,” said FBI Oklahoma City Special Agent in Charge Edward J. Gray. “His life sentence stands as a testament to the dedication and collaboration of the FBI, the Muskogee Police Department, the Oklahoma Department of Human Services, and the U.S. Attorney’s Office to ensure justice is served for victims of the most serious crimes in Indian Country.”
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant is a member of a federally recognized Indian tribe and the crime occurred in Muskogee County, within the boundaries of the Muscogee (Creek) Nation Reservation, and within the Eastern District of Oklahoma.
The Honorable Ronald A. White, U.S. District Judge of the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the sentencing hearing. Harjo was remanded to the custody of the United States Marshal to await transportation to a United States Bureau of Prisons facility to serve his non-paroleable sentence.
Assistant United States Attorneys Anthony Marek and Morgan Muzljakovich represented the United States.
Federal Jury Convicts Tahlequah Resident of Multiple Counts of Aggravated Sexual Abuse and Exploitation of Children in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Leiloni Blake Smith, age 30, of Tahlequah, Oklahoma was found guilty by a federal jury of eight counts of Aggravated Sexual Abuse of a Child in Indian Country; two counts of Sexual Exploitation of a Child; and one count of Possession of Certain Material Involving the Sexual Exploitation of a Minor.
The jury trial began on Monday, March 20, 2023, and concluded on Tuesday, March 21, 2023, with the guilty verdicts.
During the trial, the United States presented evidence that an investigation began in 2020 based on CyberTips received from the National Center for Missing and Exploited Children. Those CyberTips indicated that an individual in the Tahlequah area was uploading child sexual abuse materials through an online provider. Gregory Neil Bias was identified, located, and arrested in January of 2022 for those offenses. During the investigation, electronic devices including the cell phones of Smith and Bias were seized and examined. Investigators discovered videos depicting the aggravated sexual abuse of two children.
The guilty verdicts were the result of an investigation by the Oklahoma State Bureau of Investigation, Federal Bureau of Investigation, and Homeland Security Investigations.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the tab "resources."
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendants in this case are members of a federally recognized Indian tribe and the crimes occurred in Cherokee County, within the boundaries of the Cherokee Nation Reservation and within the Eastern District of Oklahoma.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial of Smith and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Smith was remanded to the custody of the United States Marshal pending the imposition of sentencing.
The co-defendant in this case, Gregory Neil Bias, age 39, entered pleas of guilty on January 18, 2023 to nine counts of Aggravated Sexual Abuse of a Child in Indian Country; two counts of Sexual Exploitation of a Child; two counts of Possession of Certain Material Involving the Sexual Exploitation of a Minor; one count of Receipt of Certain Material Involving the Sexual Exploitation of a Minor; one count of Distribution of Certain Material Involving the Sexual Exploitation of a Minor; and one count of Felon in Possession of Firearm. Completion of a presentence report was previously ordered for Bias and he is in the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorneys Edith Singer and Kyra Jenner represented the United States.
Federal Jury Convicts Okmulgee County Resident of Felon in Possession of A Firearm and AmmunitionRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Kent Matthew Stapp, age 34, of Okmulgee County, Oklahoma was found guilty by a federal jury of one count of Felon in Possession of a Firearm & Ammunition. The jury trial began on Monday, March 13, 2023, and concluded on the same day with the guilty verdict.
During the trial, the United States presented evidence that on February 11, 2022, local law enforcement in Okmulgee, Oklahoma stopped Kent Matthew Stapp’s vehicle for a traffic violation and discovered that he had outstanding arrest warrants. When officers attempted to arrest Stapp, he tried to flee. Officers were able to prevent Stapp’s escape and take him into custody. The evidence included body camera footage of the arrest, wherein the defendant, a convicted felon, was shown to be in possession of a firearm and ammunition.
The guilty verdict was the result of an investigation by the Okmulgee County Sheriff’s Office, the Okmulgee Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case due to the federal crime of a felon in possession of a firearm and ammunition and because the defendant in this case is a member of a federally recognized Indian tribe and the crime occurred in Okmulgee County, within the boundaries of the Muscogee (Creek) Nation Reservation and within the Eastern District of Oklahoma.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Stapp was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorneys Genevieve Ozark and Jarrod Leaman represented the United States.
Federal Jury Convicts McCurtain County Resident of Aggravated Sexual Abuse and Abusive Sexual Contact of A Child in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Brett Dewayne Cole, age 33, of Ringold, Oklahoma was found guilty by a federal jury of two counts of Aggravated Sexual Abuse in Indian Country and one count of Abusive Sexual Contact of a Child in Indian Country. The jury trial began on Monday, March 6, 2023, and concluded on Tuesday, March 7, 2023.
During the trial, the United States presented evidence that the defendant engaged in sexual acts with a minor victim, who had not reached the age of 12, on at least two occasions from January of 2019 through May of 2019.
The guilty verdicts were the result of an investigation by the Federal Bureau of Investigation and the McCurtain County Sheriff’s Office.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the victim in this case is a member of a federally-recognized Indian tribe and the crimes occurred in McCurtain County, within the boundaries of the Choctaw Nation Reservation and within the Eastern District of Oklahoma.
The Honorable John F. Heil, III, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Cole was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorneys Hannah Jones and Casey Richmond represented the United States.
Federal Jury Convicts Henryetta Resident of Aggravated Sexual Abuse and Sexual Abuse of A Minor in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Sean Paul Baker, age 30, of Henryetta, Oklahoma was found guilty by a federal jury of two counts of Aggravated Sexual Abuse in Indian Country and one count of Sexual Abuse of a Minor in Indian Country. The jury trial began on Monday, March 6, 2023, and concluded on Wednesday, March 8, 2023.
During the trial, the United States presented evidence that, for a 6-year period, the defendant, Sean Paul Baker, repeatedly engaged in sexual acts with a child under the age of 12.
The guilty verdicts were the result of an investigation by the Muscogee (Creek) Nation Lighthorse Tribal Police Department and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant in this case is a member of a federally-recognized Indian tribe and the crimes occurred in Okmulgee County, within the boundaries of the Muscogee (Creek) Nation Reservation and within the Eastern District of Oklahoma.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Baker was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorneys Caila M. Cleary and Nicole Paladino represented the United States.
Federal Jury Convicts Ardmore Man of Multiple Charges Associated with the Assault and Sexual Exploitation of A Minor in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Geovanta Ty'Kearon Lee, age 21, of Ardmore, Oklahoma, was found guilty by a federal jury on charges of (1) Cyberstalking, (2) Assault with a Dangerous Weapon with Intent to Do Bodily Harm in Indian Country, (3) Use, Carry, Brandish, and Discharge of a Firearm During and in Relation to a Crime of Violence, (4) Receipt of Material Involving the Sexual Exploitation of a Minor, and (5) Possession of Material Involving the Sexual Exploitation of a Minor in Indian Country. The jury trial began on Monday, February 27, 2023, and concluded on Wednesday, March 1, 2023.
During the trial, the United States presented evidence that on February 23, 2022, in Ardmore, Lee followed a vehicle driven by the victim. When the victim stopped, Lee exited his vehicle holding a firearm. Lee discharged the firearm when the victim began to drive away, striking the trunk on the driver’s side. The bullet was stopped by an amplifier in the trunk. Lee fled the scene after the shooting. In the month after the assault, Lee engaged in a course of conduct, using Facebook and phone calls, to intimidate and harass the victim. Phones recovered from the Defendant’s bedroom were searched as part of the investigation and contained evidence the Defendant received and possessed a video depicting sexual exploitation of a minor.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the Defendant is a member of a federally-recognized Indian tribe and the crimes occurred in Carter County, within the boundaries of the Chickasaw Nation Reservation and within the Eastern District of Oklahoma.
The guilty verdicts were the result of investigations by the Ardmore Police Department, Chickasaw Lighthorse Police Department, and the Federal Bureau of Investigation.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Lee was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorney Patrick Flanigan and Special Assistant United States Attorney Dwight Artis represented the United States.
Former Executive Director of Ardmore Charitable Foundation Pleads Guilty to Fraud ChargesRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Roslyn Melodie Haile, age 64, of Ardmore, Oklahoma entered a guilty plea to an Information charging her with one count of Bank Fraud in violation of Title 18, United States Code, Section 1344(2) and one count of Tax Fraud, in violation of Title 26, United States Code, Section 7206(1). Bank Fraud is punishable by up to 30 years of imprisonment, a fine up to $1,000,000.00, or both. Tax Fraud is punishable by up to 3 years of imprisonment, a fine up to $250,000.00, or both.
The Information alleged that on or about June 27, 2018, in the Eastern District of Oklahoma, the defendant, Roslyn Melodie Haile, for the purpose of executing or attempting to execute a scheme or artifice to obtain money, funds, credits, assets, securities, or other property under the custody and control of BancFirst, the defendant knowingly embezzled funds from the More Foundation’s BancFirst account by means of false or fraudulent pretenses, representation or promises. The Information further alleged that on September 9, 2019, in the Eastern District of Oklahoma and elsewhere, the defendant willfully made and subscribed a false 2018 Form 1040, U.S. Individual Tax Return, which contained and was verified by a written declaration that it was made under the penalties of perjury and which the defendant did not believe to be true and correct as to every material matter, in that she knowingly failed to report $63,490.54 of income.
As part of the plea hearing, the defendant acknowledged that beginning prior to 2017 and continuing through in and around June 2021, she served as the Executive Director of the More Foundation, a charitable foundation based in Ardmore, Oklahoma. The defendant admitted that between in and around 2017 and in and around May 2021, she embezzled funds from the More Foundation and that her actions resulted in a total loss of $428,271.26 to the More Foundation. The defendant further acknowledged that her failure to report her true income on her taxes resulted in loss to the U.S. Treasury of $120,777.02.
The charges arose from an investigation by the Federal Bureau of Investigation and IRS-Criminal Investigations.
The Honorable Jason A. Robertson, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Kara Traster represented the United States.
Federal Jury Convicts McAlester Couple of Committing Child Abuse and Child Neglect in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that McAlester residents, Billy James Menees, age 29, and Ashley Dawn Marie Schardein, age 27, were both found guilty by a federal jury of one count of Child Abuse in Indian Country and one count of Child Neglect in Indian Country.
The jury trial began with testimony on Tuesday, February 14, 2023 and concluded on Thursday, February 23, 2023 with the guilty verdicts.
During the trial, the United States presented evidence that beginning in January of 2019 Billy Menees and his live-in girlfriend, Ashley Schardein, began the systematic abuse and neglect of a child victim in their care.
The guilty verdicts were the result of an investigation by the McAlester Police Department, the District Attorney’s Office for District 18, the Oklahoma State Bureau of Investigation, and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the victim in this case is a member of a federally recognized Indian tribe and the crimes occurred in Pittsburg County, within the boundaries of the Choctaw Nation Reservation, and within the Eastern District of Oklahoma.
The Honorable Timothy D. DeGiusti, U.S. Chief District Judge of the United States District Court for the Western District of Oklahoma, in Oklahoma City, presided over the trial and ordered the completion of the presentence reports. The sentencings will be scheduled following completion of the reports and the Defendants will remain in custody of the United States Marshal until then.
Assistant United States Attorneys Nicole Paladino and Caila M. Cleary represented the United States.
Hughes County Resident Pleads Guilty to Murder in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Michael David Patton, age 30, of Wewoka, Oklahoma entered a guilty plea to an Information charging him with Murder in Indian Country – Second Degree, which is punishable by up to life imprisonment, a fine up to $250,000.00, or both.
The Information alleged that on or about October 19, 2022, the defendant, with malice aforethought, did unlawfully kill the victim. During the plea hearing, the defendant admitted he entered a residence in Wewoka, Oklahoma by force and stabbed the victim over ten times while the victim was sleeping.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant is a member of a federally recognized Indian tribe and the crime occurred in Seminole County, within the boundaries of the Seminole Nation Reservation and within the Eastern District of Oklahoma.
The charges arose from an investigation by the Seminole Lighthorse Police Department, Seminole County Sheriff’s Office, and the Federal Bureau of Investigation.
The Honorable Gerald L. Jackson, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report. The defendant was remanded into the custody of the United States Marshal pending imposition of sentencing.
Assistant United States Attorney Casey Richmond represented the United States.
Okmulgee County Resident Pleads Guilty to Double Homicide in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Austin Dean McMahan, age 24, of Okmulgee, Oklahoma entered a guilty plea to an Information charging him with two counts of Murder in Indian Country – Second Degree, punishable by up to life imprisonment, a fine up to $250,000.00, or both.
The Information alleged that on or about April 7, 2020, the defendant unlawfully, with malice aforethought, shot and killed two victims. During the plea hearing, the defendant admitted that he picked up a handgun and unlawfully shot the first victim in her head and then shot the second victim numerous times throughout his body. The defendant committed these murders while in their home in Okmulgee, Oklahoma.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the Defendant is a member of a federally recognized Indian tribe and the crimes occurred in Okmulgee County, within the boundaries of the Muscogee (Creek) Nation Reservation and within the Eastern District of Oklahoma.
The charges arose from an investigation by the Okmulgee Police Department and the Federal Bureau of Investigation.
The Honorable Jason A. Robertson, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Casey Richmond and Department of Justice Criminal Division Organized Crime and Gang Section Trial Attorney Cesar Rivera-Giraud represented the United States.
Indian Brotherhood Gang Member Sentenced for MurderRead the Press Release
WASHINGTON – An enrolled member of the Seminole Nation of Oklahoma and member of the Indian Brotherhood (IBH), a prison-based gang active in Oklahoma, was sentenced today to 210 months imprisonment for his role in a homicide that took place in 2015 within Indian country in Oklahoma.
On March 9, 2022, John Douglas Knight, 43, of Seminole, Oklahoma, pleaded guilty to Second Degree Murder in Indian Country for the 2015 murder of Scotty Candler. According to court documents, in May 2015, Knight and another man received orders from the IBH to question Scotty Candler about a prior homicide. Candler actually had no involvement with the prior homicide. Knight and another individual went to Candler’s residence carrying firearms with the purpose of questioning and assaulting Candler. Knight knocked on Candler’s door. Candler opened the door to his residence and his two dogs ran out. According to the other man and a third man who drove the getaway car but did not observe the killing, John Knight then went into the residence and shot Candler once in the head, killing him. After killing Candler, John Knight and the other man ran from the location and disposed of the firearms before they were picked up.
Knight was sentenced by District Judge John F. Heil, III of the United States District Court for the Eastern District of Oklahoma to 210 months imprisonment.
Assistant Attorney General Kenneth A. Polite, Jr., of the Justice Department’s Criminal Division, United States Attorney Christopher J. Wilson of the Eastern District of Oklahoma, Assistant Director Luis Quesada of the FBI’s Investigative Division, and Special Agent in Charge Edward Gray of the FBI’s Oklahoma City Field Office made the announcement.
The Federal Bureau of Investigation and the Oklahoma State Bureau of Investigation investigated the case.
Trial Attorneys Rami Badawy and Brian Morgan of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Zach Parsons of the Eastern District of Oklahoma prosecuted the case.
Ardmore Resident Sentenced for Robbery and Firearm Related Offenses in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Tyler Cheyenne Ned, age 27, of Ardmore, Oklahoma, was sentenced to 140 months’ imprisonment after pleading guilty to two counts of Robbery in Indian Country, one count of Attempted Robbery in Indian Country, and one count of Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence.
The evidence showed that on or about May 17, 2021, the defendant walked up to three people smoking on the front porch of a home. The defendant produced a handgun and demanded that they empty their pockets. Two of the three then turned over items to the defendant. Not satisfied, the defendant asked if that was all they had, fired the gun into the ground, and said that he could or would take them out. The defendant fled after someone opened the front door.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the offenses because the defendant in this case is a member of a federally-recognized Indian tribe and the crimes occurred in Ardmore, Oklahoma, within the boundaries of the Chickasaw Nation Reservation, and within the Eastern District of Oklahoma.
The case was the result of an investigation by the Ardmore Police Department and the Federal Bureau of Investigation.
The Honorable John F. Heil, III, U.S. District Judge of the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the sentencing hearing. Ned was remanded to the custody of the United States Marshal to await commitment to a United States Bureau of Prisons facility to serve his non-paroleable sentence of incarceration.
Assistant United States Attorney Kevin Gross represented the United States.
Okemah Resident Sentenced for Assault, Firearm, and Drug Related Offenses in Indian Country and Escape from Federal CustodyRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Dustin Kyle Marris, age 34, of Okemah, Oklahoma, was sentenced to 282 months’ imprisonment after being found guilty by a federal jury on November 3, 2021, of Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country; Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence; Possession with Intent to Distribute Methamphetamine; and Felon in Possession of a Firearm. Marris was sentenced to an additional 12 months’ imprisonment for Escape from Custody.
The trial evidence showed that on or about November 9, 2020, a deputy with the Okmulgee County Sheriff’s Office attempted to conduct a traffic stop on the defendant for speeding. The defendant failed to comply and accelerated to speeds over 100 miles per hour. Shortly after the pursuit began, the defendant leaned out the driver’s side door, pointed a handgun at the deputy and fired 3-4 shots. The defendant, a convicted felon, was prohibited from possessing a firearm. Within a few minutes, the defendant crashed his car into a ditch and fled on foot. Law enforcement pursued the defendant but was unable to locate him. The following day, officers located and arrested the defendant. During a search of the defendant, officers found four baggies of methamphetamine weighing 49.38 grams.
On November 13, 2021, only ten days after being convicted of the November 2020 offenses, the defendant and another inmate escaped from federal custody at the Okmulgee County Detention Center in Okmulgee. They were apprehended the following day.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the November 2020 offenses because the defendant in this case is a member of a federally-recognized Indian tribe and the crimes occurred in Okmulgee County, within the boundaries of the Muscogee (Creek) Nation Reservation, and within the Eastern District of Oklahoma.
The case was the result of an investigation by the Okmulgee County Sheriff’s Office and the Federal Bureau of Investigation.
“The lengthy sentence imposed by the Court is fitting punishment,” said United States Attorney Christopher J. Wilson. “Methamphetamine and firearms are a dangerous combination. Thankfully, the Okmulgee County Deputy was not injured or killed during the attempted stop and pursuit. Marris has been a violent criminal the majority of his adult life and obviously has no respect for the law or law enforcement. Protecting the public and our law enforcement partners from dangerous offenders will continue to be a priority for the United States Attorney’s Office.”
“The FBI focuses its investigative resources on offenders who pose the greatest safety risk to the public, especially those like Marris who show a blatant disregard for the law and for human life,” said FBI Oklahoma City Special Agent in Charge Edward J. Gray. “Thanks to our combined efforts with the Okmulgee County Sheriff’s Office and the U.S. Attorney’s Office, another violent criminal has been removed from our community.”
The Honorable Ronald A. White, U.S. District Judge of the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the sentencing hearing. Marris was remanded to the custody of the United States Marshal to await commitment to a United States Bureau of Prisons facility to serve his non-paroleable sentence of incarceration.
Special Assistant United States Attorney Nathaniel Walters, Assistant United States Attorney Kevin Gross, and Department of Justice Criminal Division Organized Crime and Gang Section Trial Attorney Brian Lynch represented the United States.
Sequoyah County Resident Sentenced for Five Counts of Sexual Abuse of A Minor in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Michael Allen Farris, age 50, of Bunch, Oklahoma, was sentenced to 135 months’ imprisonment for being found guilty by jury trial of five counts of Sexual Abuse of a Minor in Indian Country. The jury trial began with testimony on Monday, November 29, 2021, and concluded on Wednesday, December 1, 2021, with the guilty verdicts.
Evidence at trial showed that between June 2019 and August 2019, the defendant sexually assaulted the 13-year-old victim.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant in this case is a member of a federally recognized Indian tribe and the crimes occurred in Sequoyah County, within the boundaries of the Cherokee Nation Reservation, and within the Eastern District of Oklahoma.
The case was the result of an investigation by the Sequoyah County Sheriff’s Office, the Oklahoma State Bureau of Investigation, and the Federal Bureau of Investigation.
“The Defendant, a 46-year-old man at the time, used his position of trust to repeatedly molest and abuse his 13-year-old victim. The sentence imposed will ensure he is held accountable for taking advantage of that trust,” said United States Attorney Christopher J. Wilson. “No child should ever experience the pain and suffering the Defendant brought upon the victim in this case.”
“The FBI and our law enforcement partners will do everything in our power to protect our most vulnerable citizens and get predators like Farris off the street,” said FBI Oklahoma City Special Agent in Charge Edward J. Gray. “We will continue to combine resources and investigative efforts to ensure the safety of the children in our communities.”
The Honorable Timothy D. DeGiusti, U.S. Chief District Judge of the United States District Court for the Western District of Oklahoma, in Oklahoma City, presided over the sentencing hearing. Farris was remanded to the custody of the United States Marshal to await commitment to a United States Bureau of Prisons facility to serve his non-paroleable sentence of incarceration.
Assistant United States Attorneys Anthony Marek and Morgan Muzljakovich represented the United States.
McAlester Doctor Pleads Guilty to Unlawful Distribution and Dispensing of A Controlled SubstanceRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Nelson Onaro, age 61, of McAlester, Oklahoma entered a guilty plea to Count Six of a Superseding Information which charged him with six counts of Unlawful Distribution and Dispensing of a Controlled Substance in violation of Title 21 U.S.C §§ 841(a)(1) and 841(b)(1)(C), punishable by up to 20 years of imprisonment, a fine up to $1,000,000 or both.
Dr. Onaro was initially charged by a federal grand jury in September 2020 with twenty-four counts of Unlawful Distribution and Dispensing of Controlled Substances. During the hearing, Onaro admitted to writing a prescription for the controlled substance Adderall for one of his staff members with the understanding that the staff member would fill the prescription and deliver the pills back to Onaro for his personal use.
As part of the plea agreement, Onaro has agreed to surrender his Oklahoma medical license.
The charges arose from a long-term investigation by the Drug Enforcement Administration, the United States Department of Justice Healthcare Fraud Strikeforce, and the Oklahoma Bureau of Narcotics.
The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report. The defendant was released on a personal recognizance bond pending sentencing.
Department of Justice Trial Attorneys Dan Griffin and Christopher Jason, and Assistant United States Attorney Ryan Conway represented the United States.
Former Hulbert Public Schools Treasurer Pleads Guilty to Theft of Federal FundsRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Leslie Shannon Mack, age 53, of Hulbert, Oklahoma entered a guilty plea to an Information charging her with Theft or Bribery Concerning Programs Receiving Federal Funds, in violation of Title 18, United States Code, Section 666(a)(1)(A), punishable by up to 10 years of imprisonment, a fine up to $250,000.00, or both.
The Information alleged that between in and around June 2019 through on or about October 26, 2021, in the Eastern District of Oklahoma, the defendant, Leslie Shannon Mack, the former Treasurer of the Hulbert Public School, did embezzle, steal, obtain by fraud, and otherwise without authority knowingly convert to the use of any person other than the rightful owner and intentionally misapply, property valued at $5,000.00 or more, and that was owned by and was under the care, custody, and control of the Hulbert Public School District.
During the plea hearing, the defendant admitted that she issued excess payroll payments to herself, above and beyond her authorized salary, that she issued payments to another individual, above and beyond that individual’s authorized salary, and that she allowed another individual access to the financial accounting system. The defendant further acknowledged that these actions resulted in a loss to the Hulbert Public School District of more than $550,000, but less than $1,500,00.00.
The charges arose from an investigation by the Oklahoma State Bureau of Investigation and the United States Department of Education – Office of Inspector General.
The Honorable Gerald L. Jackson, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report. The defendant was released on a personal recognizance bond pending sentencing.
Assistant United States Attorney Kara Traster represented the United States.
Indian Brotherhood Gang Member Sentenced for Murder, Assault and Firearm Charges Resulting in Bodily HarmRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Matthew Onesimo Armstrong, age 33, of Seminole, Oklahoma, was sentenced for his role in two separate homicides. Armstrong was sentenced to life in prison for Murder and Kidnapping and 10 years imprisonment for Possession and Distribution of Methamphetamine, to run concurrently, in connection with the murder of Nicole Owl. Armstrong was also sentenced to 10 years imprisonment for Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country and 10 years imprisonment for Use, Carry, and Discharge of a Firearm During and in Relation to a Crime of Violence, to run consecutively, in connection with the murder of Scotty Candler.
The charges arose from investigations by the Seminole Nation Lighthorse Police Department, Seminole County Sheriff’s Office, Oklahoma State Bureau of Investigation, and the Federal Bureau of Investigation.
On October 20, 2021, Matthew Onesimo Armstrong, 33, of Seminole, Oklahoma, pleaded guilty to Murder in Indian Country, Kidnapping, and Possession with Intent to Distribute Methamphetamine for the 2017 murder of Nicole Owl. According to court documents, in 2017, Armstrong was involved in the smuggling of methamphetamine and other contraband for the Indian Brotherhood into various prisons. Sometime during the weekend of April 14-16, 2017, Armstrong had a dispute with Nicole Owl who was staying with Armstrong at his residence. On April 16, Armstrong and another individual took Owl into a wooded area behind Armstrong’s residence and Armstrong tied Nicole Owl to a tree. Armstrong and the other individual then left Nicole Owl tied to the tree for several hours into the evening. Armstrong, with a rifle, and the other individual then returned to the tree where Nicole Owl was tied. Armstrong asked the other individual if he wanted to shoot Nicole Owl. The other individual said “No.” Armstrong then shot Nicole Owl twice, killing her.
On October 20, 2021, Armstrong also pleaded guilty to a two count Information charging him with Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country and Use, Carry, and Discharge of a Firearm During and in Relation to a Crime of Violence, for his role in the 2015 murder of Scotty Candler. According to court documents, in May 2015, Armstrong received orders from the Indian Brotherhood to question Scotty Candler about an unrelated homicide. Armstrong and another individual went to Scotty Candler’s residence carrying firearms. Scotty Candler opened the door to his residence and his two dogs ran out. Armstrong fired two shots outside Scotty Candler’s home. According to Armstrong, the other individual then went inside and shot Scotty Candler, killing him.
The United States Attorney’s Office for the Eastern District of Oklahoma, along with the Criminal Division’s Human Rights and Special Prosecutions Section, prosecuted these cases because the defendant is a member of a federally recognized Indian tribe and the crimes occurred in Seminole County, within the boundaries of the Seminole Nation Reservation and within the Eastern District of Oklahoma.
“Today’s sentencing of Matthew Armstrong to life imprisonment ensures that a violent member of the Indian Brotherhood will be held accountable for his involvement in the deaths of two victims and that he will never step outside the confines of a federal penitentiary to victimize others in the Eastern District of Oklahoma or elsewhere,” said United States Attorney Christopher J. Wilson.
“Matthew Armstrong is a callous and violent criminal who left permanent scars on his community and the families of his victims,“ said FBI Oklahoma City Special Agent in Charge in Edward J. Gray. “Thanks to the partnership and hard work of all law enforcement agencies involved in this investigation, he will spend the rest of his life in prison.”
“OSBI Agents, Analysts, and Criminalists worked tirelessly with our partners at the FBI,U.S. Attorney’s Office, and the Justice Department’s Criminal Division to ensure justice for Ms. Owl,” said OSBI Director Aungela Spurlock. “The investigation and prosecution of Armstrong is an example of law enforcement in Oklahoma, post the Supreme Court McGirt ruling, working together on behalf of victims of violent crime. We look forward to the success of these continued partnerships.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearings. Armstrong will remain in custody pending transportation to a designated United States Bureau of Prisons facility to serve his non-paroleable sentence of incarceration.
Trial Attorneys Rami Badawy and Brian Morgan of the Criminal Division’s Human Right and Special Prosecution Section and Assistant United States Attorney Zack Parsons represented the United States.
Federal Jury Convicts McAlester Resident of Committing Child Abuse in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that to Paula Amber Chisholm, age 37, of McAlester, Oklahoma, was found guilty by a federal jury of Child Abuse in Indian Country.
The jury trial began with testimony on Monday, January 9, 2023 and concluded on Thursday, January 12, 2023 with the guilty verdict.
During the trial, the United States presented evidence that on December 3, 2019, a five-year-old child was rushed to the hospital after school officials became concerned about the child's physical state and demeanor at school. During a medical evaluation it was revealed the child had multiple wounds, abrasions, and bruises from head to toe and was extremely malnourished. Chisholm was the primary caregiver at the time the abuse. During the subsequent investigation, the child and another witness named the defendant as the person responsible for causing the injuries.
The guilty verdict was the result of an investigation by the McAlester Police Department and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant is a member of a federally recognized Indian tribe and the crime occurred in Pittsburg County, within the boundaries of the Choctaw Nation Reservation, and within the Eastern District of Oklahoma.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Chisholm was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorney Morgan Muzljakovich and Assistant United States Attorney Hannah Jones represented the United States.
Stilwell, Oklahoma Resident Sentenced to Life Imprisonment for Murder in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Earl McAlister, age 55, of Stilwell, Oklahoma, was sentenced to life imprisonment and 5 years of supervised release for Murder in Indian Country – Second Degree. The charges arose from an investigation by the Federal Bureau of Investigation and the Adair County Sheriff’s Office.
The defendant previously entered a guilty plea to an Information filed in August 2022 alleging that on or about November 17, 2019, within the Eastern District of Oklahoma, in Indian Country, the defendant, Earl McAlister, a non-Indian, with malice aforethought, did unlawfully kill Randolph England, an Indian, in violation of Title 18, United States Code, Sections 1111(a), 1151, 1152, and 2. The investigation revealed that McAlister shot England two times. After which, McAlister along with others drove to his “compound,” placed the victim’s body on a burn pile with tires and set him on fire until nothing was left but bone fragments and teeth. McAlister then dumped the victim’s remains down a ravine in a plastic container. Investigators were able to identify the victim by comparing dental records.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the victim in this case was a member of a federally recognized Indian tribe and the crime occurred in Adair County, within the boundaries of the Cherokee Nation Reservation and within the Eastern District of Oklahoma.
“The life sentence imposed by the Court is fitting punishment for the defendant’s vicious acts,” said United States Attorney Christopher Wilson. “I am thankful for the cooperative efforts of local, state, and federal law enforcement in working this case. Investigating and prosecuting violent crimes like this one will continue to be a priority for the United States Attorney’s Office.”
“The murder of Randolph England was senseless and horrific, but today’s sentencing ensures the defendant will remain safely away from the public for the rest of his life,” said FBI Oklahoma City Special Agent in Charge Edward J. Gray. “The FBI will continue to work closely with our law enforcement partners to investigate the most serious crimes in Indian Country.”
The Honorable David Cleveland Joseph, U.S. District Judge from the United States District Court for the Western District of Louisiana, temporarily assigned to the Eastern District of Oklahoma, presided over the hearing. McAlister will remain in custody pending transportation to a designated United States Bureau of Prisons facility to serve his non-paroleable sentence of incarceration.
Assistant United States Attorney Cameron McEwen represented the United States.
Federal Jury Convicts Muskogee Resident of Committing Kidnapping, Carjacking, and Robbery Offenses with Use of A FirearmRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Patrick Wayne McHenry, age 29, of Muskogee, Oklahoma, was found guilty by a federal jury of Conspiracy to Commit Kidnapping, Kidnapping, Carjacking, Robbery in Indian Country, and the Carry/Use of a Firearm During and in Relation to a Crime of Violence.
The jury trial began with testimony on Monday, December 19, 2022 and concluded on Wednesday, December 21, 2022 with the guilty verdicts.
During the trial, the United States presented evidence that beginning on or around September 11, 2021, and continuing until September 13, 2021, McHenry kidnapped and assaulted the victim, B.N., in Muskogee, then transported B.N. to Braggs, Oklahoma where he locked B.N. in a shed. The victim was bound with rope and tape but managed to escape and run to a neighboring house for help. When law enforcement arrived, they observed the victim had multiple injuries, was still partially bound with rope, and very emotional. The United States also presented evidence that on September 12, 2021, McHenry robbed and carjacked C.J. at a motel in Muskogee, while possessing a sawed-off shotgun.
The guilty verdicts were the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Muskogee County Sheriff’s Office, and Muskogee Police Department.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because one of the victims is a member of a federally recognized Indian tribe, McHenry used a cell phone and the internet to facilitate the kidnapping, and the crimes occurred in Muskogee County, within the boundaries of the Muscogee (Creek) Nation Reservation, and within the Eastern District of Oklahoma.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. McHenry was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorneys Erin Cornell and Casey Richmond represented the United States.
Valliant, Oklahoma Couple Sentenced to Thirty Months in Federal Prison for Failing to Pay Payroll TaxesRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Valliant, Oklahoma residents, Joseph Barton Milligan, (a/k/a Jody Milligan), age 52, and Kerensa Chantay Milligan, age 47, were each sentenced to 30 months in the U.S. Bureau of Prisons after they entered guilty pleas to an Information charging them with twenty counts each of Failure to Account and Pay Over Employment Tax.
The Information to which the defendants pled guilty alleged that beginning in January 2015, they collected payroll taxes from the employees of their jointly operated trucking company, Joseph Milligan Trucking, Inc. The defendants were jointly responsible for filing the employment tax returns and paying over the taxes due to the Internal Revenue Service (“IRS”), including federal income, Medicare, and Social Security taxes. The defendants willfully chose not to pay the taxes collected from their employees to the IRS for the years 2015 through 2019. As part of the plea agreement, the defendants admitted the total unpaid amount to the IRS was more than $1.8 million.
The criminal charges arose from an investigation by the IRS-Criminal Investigations after the defendants had previously been assessed a civil penalty by the IRS for failing to pay over more than $346,000 in payroll taxes in 2007 and 2008.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the sentencing hearing.