Eastern District of Oklahoma
Press releases recorded for this federal judicial district.
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.
McCurtain County Resident Pleads Guilty to 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 on Monday, December 5, 2022, Jory L. Bullard, of McCurtain County, Oklahoma entered a guilty plea to a Superseding Indictment charging him with one count of Child Abuse in Indian Country.
The defendant pled guilty to willfully and maliciously injuring an eleven-month-old child on June 18, 2019.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the victim is eligible for membership in a federally recognized Indian tribe and the crimes occurred in McCurtain County, within the boundaries of the Choctaw Nation Reservation and the Eastern District of Oklahoma.
The guilty plea was the result of an investigation by the Broken Bow Police Department and the Federal Bureau of Investigation.
The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the defendant’s plea and ordered the completion of a presentence report. Sentencing will be scheduled in front of the Honorable Ronald A. White, U.S. District Court Judge, following completion of the report. Bullard was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorneys Morgan Muzljakovich and Sarah McAmis represented the United States.
Federal Jury Convicts Krebs Resident of Multiple Counts 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 Roy Lee Roberts, Jr, age 37, of Krebs, Oklahoma, was found guilty by a federal jury of two counts of Aggravated Sexual Abuse in Indian Country and one count of Sexual Abuse of a Minor in Indian Country.
The jury trial began with testimony on Monday, November 14, 2022, and concluded on Wednesday, November 16, 2022, with the guilty verdicts.
During the trial, the United States presented evidence that the defendant sexually abused two minors in 2017-2018. One victim was under the age of 12 and the second victim was between the ages of 12 and 16. Both victims appeared in Court, detailed the abuse they endured, and clearly identified Roberts as their abuser.
The guilty verdicts were the result of an investigation by the Federal Bureau of Investigation and the Pittsburg County Sheriff’s Office.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant in this case is a member of a federally recognized Indian tribe and the crimes occurred in Pittsburg County, within the boundaries of the Choctaw Nation Reservation, and within the Eastern District of Oklahoma.
The Honorable David Cleveland Joseph, U.S. District Judge from the United States District Court for the Western District of Louisiana, temporarily assigned to the Eastern District of Oklahoma, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Roberts was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorneys Edith A. Singer and Hannah Jones represented the United States.
Federal Jury Convicts Muskogee Resident of Maliciously Burning Porter Dollar General StoreRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Daniel Lewis Moon, age 25, of Muskogee, Oklahoma, was found guilty by a federal jury of Arson.
The jury trial began with testimony on Tuesday, November 8, 2022, and concluded on Wednesday, November 9, 2022, with the guilty verdict.
During the trial, the United States presented evidence that on March 28, 2020, Moon, a disgruntled employee of the Dollar General store in Porter, Oklahoma, maliciously set a fire inside the store. The fire caused extensive damage to the building and its contents. The store’s surveillance video revealed the Defendant was the only person in the area of the store where the fire began. The video also disproved the Defendant’s claim to investigators he was in another part of the store at the time the fire was set.
The guilty verdict was the result of an investigation by the Wagoner Country Sheriff’s Office, the Oklahoma State Fire Marshal’s Office, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the property damaged in this case belonged to a business engaged in activity involving interstate commerce and the crime occurred in Wagoner County, within the Eastern District of Oklahoma.
The Honorable Charles B. Goodwin, U.S. District Judge in the United States District Court for the Western District of Oklahoma, sitting in Oklahoma City, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report.
Assistant United States Attorneys Patrick Flanigan and Kristiana Dietzel represented the United States.
Former Oklahoma Undersheriff Pleads Guilty to Federal Civil Rights Charge for Using Excessive ForceRead the Press Release
WASHINGTON – The Justice Department announced today that Kendall Morgan, 44, the former undersheriff of the Le Flore County Sheriff’s Department (LCSO) in Le Flore County, Oklahoma, pleaded guilty to a criminal civil rights violation for using unlawful force on an arrestee.
According to court documents, on Jan. 25, 2017, while acting in his official capacity as LCSO’s undersheriff, Morgan willfully assaulted an individual identified as D.P. by repeatedly striking D.P. while D.P. was in handcuffs and not resisting arrest. The assault deprived D.P. of his right to be free from unreasonable force, did not further a legitimate law enforcement purpose, and resulted in bodily injury to D.P.
“This defendant, an experienced law enforcement officer, is being held accountable for unlawfully injuring a handcuffed man who was not resisting arrest and unable to defend himself,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department is committed to prosecuting any officer who violates their position and authority by using excessive force without cause.”
“Every citizen is entitled to be treated fairly and law enforcement officers should be models of this very important principle,” said U.S. Attorney Christopher Wilson for the Eastern District of Oklahoma. “The defendant’s actions in this case were illegal, immoral, and unethical and justice demands he face the consequences for his acts.”
“Mr. Morgan’s actions not only violated the civil rights of his victim, but compromised the public’s trust in the law enforcement system,” said Special Agent in Charge Edward J. Gray of the FBI Oklahoma City Field Office. “The FBI is committed to holding those who abuse their authority accountable and safeguarding the civil liberties of all Americans.”
Morgan faces a maximum sentence of 10 years in prison, three years of supervised release and a fine of up to $250,000. A sentencing hearing has not yet been set.
Assistant Attorney General Clarke, U.S. Attorney Wilson and Special Agent in Charge Gray made the announcement.
The FBI Oklahoma City Field Office investigated the case. Assistant U.S. Attorney Jarrod Leaman for the Eastern District of Oklahoma and Trial Attorney Avner Shapiro of the Civil Rights Division are prosecuting the case.
Calera Man Convicted of Aggravated Sexual Abuse and Abusive Sexual Contact in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Lance Keith Maytubby, Sr., age 54, of Calera, Oklahoma, was found guilty by a federal jury of three counts of Aggravated Sexual Abuse in Indian Country and one count of Abusive Sexual Contact in Indian Country.
The jury trial began with testimony on Tuesday, October 25, 2022, and concluded on Friday, October 28, 2022, with the guilty verdicts.
During the trial, the United States presented evidence that the defendant sexually assaulted two victims who were each under 12 years of age at the time of the crimes.
The guilty verdicts were the result of an investigation by the Calera Police Department and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant in this case is a member of a federally recognized Indian tribe and the crimes occurred in Bryan County, within the boundaries of the Choctaw Nation Reservation, and within the Eastern District of Oklahoma.
The Honorable Scott L. Palk, U.S. District Judge in the United States District Court for the Western District of Oklahoma, sitting in Oklahoma City, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Maytubby was remanded to the custody of the United States Marshal pending imposition of sentencing.
Assistant United States Attorneys Anthony C. Marek and Nicole Paladino represented the United States.
Choctaw Nation and United States Attorney for the Eastern District of Oklahoma Co-Host Law Enforcement SummitRead the Press Release
MUSKOGEE, OKLAHOMA - On Monday, October 17, 2022, law enforcement officials gathered at the Choctaw Nation Headquarters in Durant, Oklahoma, for the 2022 Choctaw Nation of Oklahoma Law Enforcement Summit. The event was co-hosted by the Choctaw Nation and the United States Attorney’s Office for the Eastern District of Oklahoma. The goal of the summit was to provide law enforcement and prosecutors serving within the territorial boundaries of the Choctaw Nation an opportunity to discuss the continuing changes in Indian Country jurisdiction and to focus on continued collaboration between local, state, tribal and federal agencies.
“On behalf of the Choctaw Nation of Oklahoma, thank you to United States Attorney’s Office for the Eastern District of Oklahoma,” said Kara Bacon, Tribal Prosecutor, CNO. “This summit and other opportunities like this give our local law enforcement community—drawn from tribal, local, state, and federal agencies—an opportunity to dialogue and develop best practices as federal Indian law and policy evolves.”
“My sincere thanks to Choctaw Nation Chief Gary Batton and the Choctaw Nation Department of Public Safety for providing a wonderful venue for the summit,” said United States Attorney Christopher Wilson. “It was great to have representatives from local police departments, sheriff departments, Choctaw Nation Tribal Police, state law enforcement agencies, federal law enforcement agencies, district attorney offices, Choctaw Nation tribal prosecutors, and federal prosecutors in the same room. Together, we utilized this opportunity to strengthen coordination and communication which is critically important to accomplish our common mission of promoting public safety, holding criminals accountable, and obtaining justice for victims.”
The summit featured panelists and presenters from the Bureau of Alcohol, Tobacco, Firearms & Explosives; Bureau of Indian Affairs; Bryan County Sheriff’s Office; Choctaw Nation of Oklahoma; District Attorney Offices (Districts 16, 18, and 19); Federal Bureau of Investigation; Homeland Security Investigations; Idabel Police Department; McAlester Police Department; Oklahoma State Bureau of Investigation; Poteau Police Department; United States Attorney’s Office and U.S. Drug Enforcement Administration. The format included panel discussions addressing topics such as:
- Indian Country Jurisdiction, Concurrent Jurisdiction, & Federal/Tribal/State Authority;
- Law Enforcement Authority in Indian Country;
- Concurrent Jurisdiction following the U.S. Supreme Court’s Oklahoma v. Castro-Huerta decision on June 29, 2022;
- Law Enforcement Authority in Indian Country;
- Law enforcement and prosecutorial responses to crimes within the Choctaw Nation; and
- Savanna’s Act, Ida’s Law and the expansion of Violence Against Women Act Reauthorization Act of 2022;
and presentations on arson, firearms, and illegal narcotics offenses.
Federal Jury Convicts Sequoyah County Resident of Involuntary ManslaughterRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Troy Allen Stevenson, age 22, of Sequoyah County, Oklahoma was found guilty by a federal jury of Involuntary Manslaughter in Indian Country for the July 17, 2021, shooting of his father.
The jury trial began with testimony on Tuesday, October 11, 2022, and concluded on Thursday, October 13, 2022, with the guilty verdict.
The guilty verdict was the result of an investigation by the Sequoyah County Sheriff’s Office, the Cherokee Nation Marshal Service, and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant is a member of a federally-recognized Indian tribe and the crime occurred in Sequoyah County, within the boundaries of the Cherokee Nation Reservation, and within the Eastern District of Oklahoma.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Stevenson was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorney Kevin Gross and Assistant United States Attorney Derick Blakely represented the United States.
Catoosa Resident Indicted on 42 Counts of Preparation of False Income Tax ReturnsRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Pamela Kathryn Conley, age 60, of Catoosa, Oklahoma, was indicted by the federal grand jury on 42 counts of Aiding and Assisting in the Preparation of False Income Tax Returns.
The Federal Indictment alleges that Conley prepared 42 federal income tax returns for 16 individuals that contained false and fraudulent deductions for medical expenses, charitable contributions, casualty theft losses, real property and property taxes, mortgage-interest payments, and job-related expenses.
The charges resulted from an investigation by the Internal Revenue Service – Criminal Investigations.
The named individual has been charged with a federal crime or crimes by the return of an Indictment by the Grand Jury. A grand jury Indictment does not constitute evidence of guilt. A grand jury Indictment is a method of bringing formal charges against the defendant. A defendant is presumed innocent of the charges and may not be found guilty unless evidence establishes guilt beyond a reasonable doubt. United States Sentencing Guidelines may be considered, upon conviction, by the sentencing court in determining appropriate punishment. Federal prison sentences are non-paroleable.
Special Assistant United States Attorney Michael Pahl, who is on detail to the Eastern District of Oklahoma from the Department of Justice’s Tax Division, represents the United States.
Pushmataha County Resident Sentenced to 140 Months in Federal Prison for Sexual Abuse in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that David Leroy Earls, age 36, of Tuskahoma, Oklahoma, was sentenced to 140 months imprisonment and 5 years of supervised release for three counts of Sexual Abuse in Indian Country. Each count is ordered to run concurrently. The charges arose from an investigation by the Federal Bureau of Investigation.
The defendant was previously convicted by a federal jury. At the trial, the evidence proved Earls sexually abused the victim, who could not legally consent to sexual activity.
In addition to the 140 months of incarceration within the Bureau of Prisons, Earls must register as a sex offender upon his release from prison, he cannot live with or be alone with a minor without prior approval, he must submit to a sex offender or mental health treatment program as recommended, including polygraphs to make sure he is in compliance, and he must submit to a search of his person, home, or computer.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant in this case is a member of a federally recognized Indian tribe and the crimes occurred in Pushmataha County, within the boundaries of the Choctaw Nation Reservation, and within the Eastern District of Oklahoma.
“The defendant exploited and sexually assaulted the victim whom he knew to be mentally and emotionally challenged,” said United States Attorney Christopher J. Wilson. “Earls’ callous acts warrant the punishment imposed by the Court.”
“David Earls’ crimes were predatory and there is no question the sentencing is just,” said FBI Oklahoma City Special Agent in Charge Edward J. Gray. “The FBI will continue to work alongside our law enforcement partners to investigate the most egregious crimes in Indian Country and provide justice for the victims.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Earls will report to a United States Bureau of Prisons facility to serve his non-paroleable sentence of incarceration.
Assistant United States Attorney Sarah McAmis represented the United States.
Muskogee Resident Sentenced for Odometer Tampering and Wire FraudRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Sebron Dejuan Brown, age 36, of Muskogee, Oklahoma, was sentenced to 48 months imprisonment and 3 years of supervised release for one count of Conspiracy to Commit Odometer Tampering, two counts of Odometer Tampering, and one count of Conspiracy to Commit Wire Fraud.
The Second Superseding Indictment alleged that from December 2016 through May 2017, Brown purchased high mileage vehicles and caused the odometers to be rolled back, which artificially and significantly inflated the vehicles’ value. In many instances, the defendant altered the odometers to display several hundred thousand miles lower than the true readings. After tampering with the odometers, Brown recruited others to engage in a conspiracy to stage vehicle collisions and submit fraudulent insurance claims. As a result of these fraudulent insurance claims orchestrated by Brown and his co-conspirators, the investigation revealed insurance carriers substantially overpaid for property damage to the vehicles, along with fabricated personal injury claims.
The charges resulted from an investigation by the Federal Bureau of Investigation (FBI) and National Highway Traffic Safety Administration (NHTSA), with the assistance of the National Insurance Crime Bureau (NICB). This investigation developed after representatives from multiple insurance companies noticed a pattern of suspicious claims within the Eastern District of Oklahoma. Through this investigation, federal agents uncovered an extensive and elaborate scheme to commit odometer and insurance fraud.
"The defendant’s scheme endangered the public and defrauded multiple insurance companies,” said United States Attorney Christopher J. Wilson. “I am thankful for the collaborative investigation by the FBI, NHTSA, and NICB. Through their efforts, the mastermind of this criminal conspiracy was identified and brought to justice.”
“Odometer fraud is a crime, plain and simple, so I applaud the court’s decision,” said NHTSA Acting Administrator Ann Carlson. “We continue to work toward keeping everyone safe on the roads, and the investigation and criminal prosecution of large-scale interstate odometer fraud is a part of those efforts. These types of fraud schemes keep older, less-safe, gas-guzzling vehicles on the nation’s highways, and victimize those who need reliable transportation to support their families. This case is an example of our commitment to ensuring justice for the victims and protecting the public.” The NHTSA estimates that odometer fraud in the United States results in consumer losses of more than $1 billion annually. Individuals with information relating to odometer tampering should call NHTSA’s odometer fraud hotline at (800) 424-9393 or (202) 366-4761. More information on odometer fraud is available on the NHTSA website at https://www.nhtsa.gov/equipment/odometer-fraud and tips on detecting and avoiding odometer fraud are available at http://www.nhtsa.gov/staticfiles/nvs/pdf/811284.pdf.
The Honorable David Cleveland Joseph, U.S. District Judge from the United States District Court for the Western District of Louisiana, temporarily assigned to the Eastern District of Oklahoma, presided over the hearing. Brown will report to a United States Bureau of Prisons facility to serve his non-paroleable sentence of incarceration.
Assistant United States Attorneys Michael Cooper and Jarrod Leaman represented the United States.
Ada Resident Pleads Guilty to Aggravated Sexual Abuse and Assault Resulting in Serious Bodily Injury in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Ryan Christopher Dill, age 35, of Ada, Oklahoma, entered guilty pleas to Count One: Aggravated Sexual Abuse in Indian Country and Count Three: Assault Resulting in Serious Bodily Injury in Indian Country of the federal indictment.
The indictment alleged that on or about December 25, 2021, the defendant sexually assaulted a victim using force and by placing the victim in fear she would be subjected to death, serious bodily injury, or kidnapping. The indictment further alleged that the defendant assaulted the victim causing her serious bodily injury.
The charges arose from an investigation by the Ada Police Department and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant is a member of a federally recognized Indian tribe and the crimes occurred in Pontotoc County, within the boundaries of the Chickasaw Nation Reservation, and within the Eastern District of Oklahoma.
The Honorable Jason A. Robertson, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the pleas and ordered the completion of a presentence investigation report. Sentencing by the United States District Judge will be scheduled following completion of the report. Dill was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorneys Anthony C. Marek and Caila M. Cleary represented the United States.
Federal Jury Convicts Fort Towson Resident of Voluntary ManslaughterRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Shonda Lynette Johnson, age 51, of Fort Towson, Oklahoma was found guilty by a federal jury of Voluntary Manslaughter.
The jury trial began with testimony on Tuesday, September 27, 2022 and concluded on Thursday, September 29, 2022 with the guilty verdict.
During the trial, the United States presented evidence that on November 17, 2019, Shonda Johnson stabbed the victim Jamie Williams with a filet knife causing him to die. When questioned by law enforcement, the Defendant lied on numerous occasions claiming she was not involved in the death of Mr. Williams.
The guilty verdict was the result of an investigation by the Choctaw County Sheriff's Office, the Oklahoma State Bureau of Investigation, and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant in this case is a member of a federally recognized Indian tribe and the crime occurred in Choctaw County, within the boundaries of the Choctaw Nation Reservation, and within the Eastern District of Oklahoma.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Johnson was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorneys Jordan Howanitz and Kevin Cheung represented the United States.
Johnston County Resident Pleads Guilty to Abusive Sexual Contact with A Minor in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Dustin Kane Adams, age 42, of Troy, Oklahoma entered a guilty plea to Abusive Sexual Contact in Indian Country, in violation of Title 18, United States Code, Sections 2244(a)(5), 2246(3), 1151 & 1152, punishable by up to twenty-two years of imprisonment.
The Indictment alleged that beginning in March of 2015 and continuing until January of 2018, Dustin Adams, did knowingly engage in and cause sexual contact with a child who had not obtained the age of 12 years.
The charges arose from an investigation by the Johnston County Sheriff’s Department and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the victim is a member of a federally recognized Indian tribe and the crimes occurred in Johnston County, within the boundaries of the Chickasaw Nation Reservation, and within the Eastern District of Oklahoma.
The Honorable John F. Heil, III, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Special Assistant United States Attorneys Alan Metzger and Debra Barnett represented the United States.
Federal Jury Convicts Pontotoc County Resident of Abusive Sexual Contact 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 Nathan Dale Smith, age 32, of Pontotoc County, Oklahoma was found guilty by a federal jury of one count of Sexual Abuse of a Minor in Indian Country and one count of Abusive Sexual Contact in Indian Country. The jury trial began on Tuesday, September 6, 2022, and concluded on Wednesday, September 7, 2022.
During the trial, the United States presented evidence that Nathan Dale Smith sexually abused a female child under the age of 16 over the course of two years. Once the abuse was disclosed, the Defendant sent an incriminating text message to the victim’s mother apologizing for his actions.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the Defendant is a member of a federally recognized Indian tribe and the crimes occurred in Pontotoc County, within the boundaries of the Chickasaw Nation Reservation and the Eastern District of Oklahoma.
The guilty verdicts were the result of an investigation by the Ada Police Department and the Federal Bureau of Investigation.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Smith was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorneys Morgan Muzljakovich and Nicole Paladino represented the United States.
Chickasaw Nation and United States Attorneys for the Eastern and Western Districts of Oklahoma Co-Host Public Safety SummitRead the Press Release
MUSKOGEE, OKLAHOMA - OKLAHOMA CITY – On Tuesday, September 6, 2022, law enforcement officials gathered in Sulphur, Oklahoma, for the 2022 Chickasaw Nation Public Safety Summit. The Chickasaw Nation and United States Attorney’s Offices for the Western and Eastern Districts of Oklahoma co-hosted the event. The Summit envisioned to embrace collaboration on jurisdictional changes in Indian Country, and to answer questions and discuss procedures following recent court rulings that have impacted Indian Country in Oklahoma.
“This Public Safety Summit served as an opportunity to reflect on what has been achieved and engage in a dialogue on how we can work together to accomplish even more,” said Chickasaw Nation Governor Bill Anoatubby. “While changing circumstances may affect the manner in which we carry out our criminal justice duties, our shared commitment to the pursuit of justice remains unchanged. Working relationships among Tribal, State, and Federal law enforcement agencies and the working relationships of those agencies with Tribal, State, and Federal courts are built on that shared commitment. Through collaboration and cooperation, we are stronger, more equipped, and better able to plan and respond to the needs of our citizens.”
"The changing landscape of criminal jurisdiction in Oklahoma has posed some challenges for law enforcement,” said United States Attorney Christopher Wilson for the Eastern District of Oklahoma. “This summit provided an excellent opportunity for local, state, tribal, and federal law enforcement agencies and prosecutors working within the Chickasaw Nation to meet together and focus on ways to ensure we are accomplishing our common mission to protect and serve.”
“We came together with the common resolve and commitment to protect public safety in the Chickasaw Nation, hold offenders accountable, and secure justice for victims of crime,” said U.S. Attorney Robert Troester for the Western District of Oklahoma. “This discussion of important jurisdictional issues and addressing questions and issues raised by one another greatly enhanced the coordination, cooperation, and communication that is critically necessary between federal, state, local, and tribal officials going forward.”
The Summit included nearly 90 participants from the Chickasaw Nation, federal prosecutors, federal law enforcement, state law enforcement, tribal law enforcement, District Attorney’s Offices, Sheriffs’ Offices, and Police Departments operating within the Chickasaw Nation. The format included various panel discussions to address topics such as the following:
- Indian Country jurisdiction following the Oklahoma Court of Criminal Appeals decision in Bosse v. Oklahoma on October 7, 2011, which applied the U.S. Supreme Court McGirt v. Oklahoma decision to the Chickasaw Nation.
- Concurrent Jurisdiction following the U.S. Supreme Court’s Oklahoma v. Castro-Huerta decision on June 29, 2022.
- Law Enforcement Authority in Indian Country.
- Law enforcement and prosecutorial responses to crimes within the Chickasaw Nation.
- Updates in federal law and related programs.
- Public Safety services provided by the Chickasaw Nation.
Federal Jury Convicts Two McCurtain County Residents of Multiple Counts of Assault and Firearms Offenses in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Kevin Ray Ward, age 37, and Anthony Juan Armenta, age 32, both of McCurtain County, were found guilty by a federal jury of one count of Assault Resulting in Serious Bodily Injury in Indian Country, two counts of Assault with a Dangerous Weapon with Intent to Do Bodily Harm in Indian Country, and one count of Use, Carry and Brandish of a Firearm during and in Relation to a Crime of Violence.
The jury trial began with testimony on Tuesday, August 16, 2022, and concluded on Friday, August 19, 2022, with the guilty verdicts.
During the trial, the United States presented evidence that on May 24, 2020, three young men, 17, 19, and 24, returned from fishing on the Mountain Fork River in McCurtain County, when they were confronted by the Defendants. During the confrontation, the Defendants shot at all three of the victims, hitting one twice in the abdomen. The Defendants also beat one of the victims with a pipe, a tire tool, and a pistol.
The guilty verdicts were the result of an investigation by the Idabel Police Department, McCurtain County Sheriff’s Office, and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendants in this case are members of a federally recognized Indian tribe and the crimes occurred in McCurtain County, within the boundaries of the Choctaw Nation Reservation, and within the Eastern District of Oklahoma.
The Honorable Patrick R. Wyrick, U.S. District Judge in the United States District Court for the Western District of Oklahoma, sitting in Oklahoma City, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Ward and Armenta were remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorneys Benjamin D. Traster and Nicole Paladino represented the United States.
Federal Jury Convicts Wagoner 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 George McEntire Smith, age 22, of Wagoner, Oklahoma was found guilty by a federal jury of one count of Murder in the First Degree in Indian Country and one count of Causing the Death of a Person by Use of a Firearm During and in Relation to a Crime of Violence.
The jury trial began with testimony on Monday, August 1, 2022, and concluded on Friday, August 5, 2022, with the guilty verdicts. Based on the verdicts, the defendant is facing a mandatory minimum sentence of life imprisonment.
During the trial, the United States presented evidence that on April 8, 2021, a 69-year-old male was shot and killed inside his residence in Wagoner. The physical evidence indicated that the victim was shot twice in the back of the head, at a relatively close distance, with a .25-caliber firearm. The Defendant told responding officers that he was with the victim when unknown intruders entered the residence, shot the victim, then fled. Subsequent investigation revealed that the Defendant was in possession of a .25-caliber firearm several hours before the victim was killed and that Defendant’s account of how the killing occurred was inconsistent with the physical evidence at the scene.
The guilty verdicts were the result of an investigation by the Wagoner Police Department, the Muscogee (Creek) Nation Lighthorse Police, the Oklahoma State Bureau of Investigation, and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the Defendant in this case is a member of a federally recognized Indian tribe and the crimes occurred within the boundaries of the Muscogee (Creek) Nation Reservation.
The Honorable Timothy D. DeGiusti, U.S. Chief District Judge of the United States District Court for the Western District of Oklahoma, in Oklahoma City, presided over the trial and ordered the completion of a presentence report. The sentencing will be scheduled following completion of the report and the Defendant will remain in custody of the United States Marshal until then.
Assistant United States Attorneys James Montoya and Casey Richmond represented the United States.
Federal Jury Convicts Tahlequah 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 announced today that Aaron Richard Eubanks, age 32, of Tahlequah, Oklahoma, was found guilty by a federal jury of five counts of Aggravated Sexual Abuse in Indian Country.
The jury trial began with testimony on Tuesday, August 2, 2022, and concluded on Friday, August 5, 2022, with the guilty verdicts.
During the trial, the United States presented evidence that between January of 2020 and February of 2021, Aaron Richard Eubanks engaged in sexual acts with a minor victim, who had not reached 10 years of age, on at least five occasions. Further, the United States presented evidence that in February of 2021, Aaron Richard Eubanks engaged in sexual acts with a second minor victim, who had not reached the age of 11 at the time of the abuse.
The guilty verdicts were the result of an investigation by the Cherokee County Sheriff’s Office and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant in this case is a member of a federally recognized Indian tribe and the crimes occurred in Adair and Cherokee Counties, within the boundaries of the Cherokee Nation Reservation, and within the Eastern District of Oklahoma.
The Honorable Charles B. Goodwin, U.S. District Judge in the United States District Court for the Western District of Oklahoma, sitting in Oklahoma City, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Eubanks was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorneys Caila M. Cleary and Anthony C. Marek represented the United States.
Federal Jury Convicts Antlers 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 announced today that Stetson Bruce, age 33, of Antlers, Oklahoma, was found guilty by a Federal jury of two counts of Aggravated Sexual Abuse in Indian Country.
The jury trial began with testimony on Tuesday, July 19, 2022, and concluded on Thursday, July 21, 2022, with the guilty verdicts.
During the trial, the United States presented evidence that on more than one occasion during the time period of May 1, 2018, to May 31, 2020, the defendant sexually abused a five-year-old child. The evidence further revealed that on at least one occasion, another child witnessed the abuse.
The guilty verdicts were the result of an investigation by the Pushmataha County Sheriff’s Office, the Choctaw Nation Tribal Police, and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant is a member of a federally recognized Indian tribe and the crimes occurred in Pushmataha County, within the boundaries of the Choctaw Nation Reservation, and within the Eastern District of Oklahoma.
The Honorable Bernard M. Jones, II, U.S. District Judge in the United States District Court for the Western District of Oklahoma, sitting in Oklahoma City, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Bruce was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorneys Anthony C. Marek and Hannah Jones represented the United States.
Federal Jury Convicts Ada Resident of Murder in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Anthony Brian Walker, age 40, of Ada, Oklahoma was found guilty by a federal jury of one count of Murder in Indian Country, in violation of Title 18, United States Code, Sections 1111(a), 1151, and 1153. The jury trial began on Monday, July 18, 2022 and concluded on Wednesday, July 20. Based on the jury’s verdict, the Defendant is facing a mandatory minimum sentence of life imprisonment.
During the trial, the United States presented evidence that on November 21, 2021, the Defendant intentionally killed Jason “Bubba” Edward Hubbard, Jr. by stabbing him in the heart while Mr. Hubbard was sitting in a vehicle in the drive-thru of the Karry Out Korner in Ada, Oklahoma.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the Defendant is a member of a federally-recognized Indian tribe and the crime occurred in Pontotoc County, within the boundaries of the Chickasaw Nation and the Eastern District of Oklahoma.
The guilty verdict was the result of an investigation by the Federal Bureau of Investigation and the Chickasaw Nation Lighthorse Police Department.
The Honorable Ronald A. White, U.S. District Judge for the United States District Court for the Eastern District of Oklahoma, sitting in Muskogee, Oklahoma, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following the completion of the report. Walker was remanded to the custody of the United States Marshal pending the sentencing hearing.
Assistant United States Attorney Cameron McEwen and Special Assistant United States Attorney Erin McKenzie represented the United States.
Federal Jury Convicts Cherokee County Resident of Aggravated Sexual Abuse and Abusive Sexual Contact in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Jacob Lance Pritchett, age 32, of Cherokee County, Oklahoma was found guilty by a federal jury of Aggravated Sexual Abuse and Abusive Sexual Contact in Indian Country. The jury trial began on Tuesday, July 5, 2022, and concluded on Friday, July 8.
During the trial, the United States presented evidence that the Defendant sexually abused a child on multiple occasions when the victim was six to nine years of age. The United States also presented evidence that on one occasion the Defendant sexually abused a second victim when the child was in the fifth grade.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the Defendant is a member of a federally-recognized Indian tribe and the crimes occurred in Cherokee County, within the boundaries of the Cherokee Nation Reservation and the Eastern District of Oklahoma.
The guilty verdicts were the result of an investigation by the Cherokee Nation Marshal Service and the Federal Bureau of Investigation.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Pritchett was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorneys Morgan Muzljakovich and Nicole Paladino represented the United States.
Federal Jury Convicts Oklahoma State Penitentiary Inmate of Murder in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that William Clayton Brown, age 39, of McIntosh County, Oklahoma was found guilty by a federal jury of Murder in Indian Country, in violation of Title 18, United States Code, Sections 1111(a), 1151, and 1153. The jury trial began on Tuesday, July 5, 2022, and concluded on Thursday, July 7. Based on the jury’s verdict, the Defendant is facing a mandatory minimum sentence of life imprisonment.
During the trial, the United States presented evidence that on October 19, 2019, the Defendant, a validated member of the Indian Brotherhood (IBH) prison gang, killed Mark Lawhead, his cellmate at the Oklahoma State Penitentiary in McAlester, by beating and strangling him. The evidence adduced at trial indicated that the Defendant committed the murder to improve his standing and reputation within the IBH.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the Defendant is a member of a federally-recognized Indian tribe and the crime occurred in Pittsburg County, within the boundaries of the Choctaw Nation and the Eastern District of Oklahoma.
The guilty verdict was the result of an investigation by the Oklahoma Department of Corrections Office of Inspector General and the Federal Bureau of Investigation.
The Honorable Jodi W. Dishman, U.S. District Judge for the United States District Court for the Western District of Oklahoma, sitting in Oklahoma City, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following the completion of the report. Brown was remanded to the custody of the United States Marshal pending the sentencing hearing.
Assistant United States Attorneys James Montoya and Casey Richmond represented the United States.
Federal Jury Convicts Ada Resident of Murder in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Tyler Jay Mullins, age 44, of Ada, Oklahoma, was found guilty by a federal jury of Murder in Indian Country, in violation of Title 18, United States Code, Sections 1111(a), 1151, and 1153, and Causing the Death and Murder of a Person in the Course of a Violation of Title 18 U.S.C. § 924(c), in violation of Title 18, United States Code, Section 924(j)(1).
The jury trial began with testimony on Monday, June 27, 2022, and concluded on Thursday, June 30, 2022, with the guilty verdict.
During the trial, the United States presented evidence that in the early morning hours of April 20, 2002, the defendant severely beat his ex-girlfriend, Rachel Woodall. The defendant wrapped her in a tarp, put her into the trunk of his car, and drove her to a gravel/sand pit in rural Seminole County. The defendant placed the tarp-wrapped victim into a hole, shot her three times, and buried the body in the hole. The Medical Examiner determined Woodall died from the gun shots. After initially denying responsibility for Woodall’s death, on April 21, 2002, the defendant took law enforcement to where her body was located. A search of the scene also revealed 9mm shell casings in close proximity to the victim’s body.
The guilty verdict was the result of an investigation by the Oklahoma State Bureau of Investigation and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant in this case is a member of a federally recognized Indian tribe and the crime occurred in Seminole County, within the boundaries of the Seminole Nation Reservation, and within the Eastern District of Oklahoma.
The Honorable Charles B. Goodwin, U.S. District Judge in the United States District Court for the Western District of Oklahoma, sitting in Oklahoma City, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Mullins was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorneys Patrick Flanigan and Dean Burris represented the United States.
Federal Jury Convicts Vian Resident of 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 today that Joshua Thomas Smith, age 41, of Vian, Oklahoma, was found guilty by a Federal jury of Aggravated Sexual Abuse of a Child in Indian Country.
The jury trial began with testimony on Monday, June 27, 2022, and concluded on Wednesday, June 29, 2022, with the guilty verdict.
During the trial, the United States presented evidence that Joshua Thomas Smith sexually abused a child under the age of twelve from December of 2017 through March of 2018.
The guilty verdict was the result of an investigation by the Sequoyah County Sheriff’s Office and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant is a member of a federally recognized Indian tribe and the crime occurred in Sequoyah County, within the boundaries of the Cherokee Nation Reservation, and within the Eastern District of Oklahoma.
The Honorable Bernard M. Jones, II, U.S. District Judge in the United States District Court for the Western District of Oklahoma, sitting in Oklahoma City, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Smith was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorneys Edith Singer and Hannah Jones represented the United States.
United States Attorneys’ Joint Statement Regarding United States Supreme Court Decision in Oklahoma V. Castro-HuertaRead the Press Release
This morning the United States Supreme Court issued its decision in Oklahoma v. Castro-Huerta. This decision holds that the State of Oklahoma has concurrent jurisdiction with the federal government to prosecute non-Indians who commit crimes against Indian victims within Indian Country.
“Today’s decision does not diminish the United States’ trust responsibility to our tribal partners,” said United States Attorneys Christopher J. Wilson, Clinton J. Johnson, and Robert J. Troester. “The United States Attorney’s Offices in the Eastern, Northern, and Western Districts of Oklahoma will continue to enforce federal law in Indian Country. We will also continue to coordinate and cooperate with our state, local, and tribal law enforcement partners as well as state and tribal prosecutors to promote public safety and provide justice to all Oklahomans in Indian Country.”
Federal Jury Convicts Idabel Resident of Murder and Assault with A Dangerous Weapon in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Stewart Wayne Coffman, age 59, of Idabel, Oklahoma, was found guilty by a federal jury of Second-Degree Murder in Indian Country and Assault with a Dangerous Weapon with Intent to Do Bodily Harm in Indian Country.
The jury trial began with testimony on Tuesday, June 14, 2022, and concluded on Thursday, June 16, 2022, with the guilty verdicts.
During the trial, the United States presented evidence that on October 5, 2017, Stewart Wayne Coffman murdered Joe Freeman Battiest Jr. with a metal pipe, at Coffman’s residence in Idabel, Oklahoma.
The guilty verdicts were the result of an investigation by the Idabel Police Department, the Oklahoma State Bureau of Investigation, and the Federal Bureau of Investigation.
Coffman was originally charged in October 2017 and convicted in October 2018 of First Degree Manslaughter in the District Court of McCurtain County, Oklahoma. Pursuant to the United States Supreme Court ruling in McGirt v. Oklahoma, the state conviction was reversed for lack of jurisdiction because the victim, Joe Freeman Battiest, Jr., was a member of a federally recognized Indian tribe and the crime occurred within the boundaries of the Choctaw Nation Reservation. Consequently, the defendant was charged and prosecuted in the United States District Court for the Eastern District of Oklahoma.
The Honorable Eric F. Melgren, U.S. District Judge in the United States District Court for the District of Kansas, sitting in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Coffman was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorneys William Cosner and Erin Cornell represented the United States.
Federal Jury Convicts Ardmore Resident of Involuntary Manslaughter in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Jonathan Ray Higginbotham, Jr, age 22, of Ardmore, Oklahoma was found guilty by a federal jury of Involuntary Manslaughter in Indian Country.
The jury trial began with testimony on Tuesday, May 17, 2022, and concluded on Thursday, May 19, 2022, with the guilty verdict.The evidence presented at trial proved that on January 19, 2021, the defendant fired a 9mm Hi-Point carbine killing George Powell in a private residence in the City of Ardmore.
The guilty verdict was the result of an investigation by the Federal Bureau of Investigation and the Ardmore Police Department.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant in this case is a member of a federally recognized Indian tribe and the crime occurred in Carter County, within the boundaries of the Chickasaw Nation Reservation, and within the Eastern District of Oklahoma.
The Honorable Scott L. Palk, U.S. District Judge in the United States District Court for the Western District of Oklahoma in Oklahoma City, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Higginbotham was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorneys Patrick Flanigan and Casey Richmond represented the United States.
Federal Jury Convicts Illegal Alien of Sexual Abuse and Firearms OffensesRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Edgar Rene Garcia-Limon, age 34, was found guilty by a federal jury of Aggravated Sexual Abuse in Indian Country, Abusive Sexual Contact in Indian Country, Felon in Possession of Firearm, and Illegal Reentry of Previously Removed Alien.
The jury trial began with testimony on Tuesday, May 17, 2022, and concluded on Wednesday, May 18, 2022, with the guilty verdicts.
During the trial, the United States presented evidence the defendant sexually abused a female child. The sexual abuse began when the victim was four years old and continued until age 11. The United States also presented evidence the defendant is a felon and was in possession of two firearms. Finally, the United States presented evidence the Defendant, who is an alien from Mexico, illegally returned to the United States after having been previously removed from the United States.
The guilty verdicts were the result of an investigation by the Tulsa Police Department, Muscogee (Creek) Nation Lighthorse Police, Homeland Security Investigations & Immigration and Customs Enforcement, and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the victim in this case is a member of a federally-recognized Indian tribe and the crimes occurred in Okmulgee County, within the boundaries of the Muscogee (Creek) Nation Reservation, and within the Eastern District of Oklahoma.
The Honorable Robert C. Brack, United States District Judge out of the United States District Court for the District of New Mexico, temporarily assigned to the Eastern District of Oklahoma, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following the completion of the report. Garcia-Limon was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorneys Benjamin D. Traster and Julie Mazur represented the United States.
Patrick Dwayne Murphy Sentenced to Life Imprisonment for 1999 Murder in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Patrick Dwayne Murphy, age 53, of Vernon, Oklahoma was sentenced to life imprisonment after being found guilty by a federal jury of Murder – Second Degree in Indian Country, Murder in Indian Country in Perpetration of Kidnapping, and Kidnapping Resulting in Death. The life sentences on each count were ordered to run concurrently.
Murphy was originally tried and convicted in 2000 in the District Court of McIntosh County, Oklahoma. Murphy challenged his murder conviction arguing that the State of Oklahoma did not have jurisdiction to prosecute him because he is a member of a federally recognized Indian tribe and Congress had never disestablished the Muscogee (Creek) reservation. The United States Court of Appeals for the Tenth Circuit agreed and vacated Murphy’s conviction. The State of Oklahoma appealed the decision to the United States Supreme Court. While the United States Supreme Court was considering Oklahoma’s appeal, the Court handed down its ruling in McGirt v. Oklahoma which affirmed the Tenth Circuit’s ruling regarding Murphy.
As a result, Murphy was charged in federal court and convicted by a federal jury in August 2021. During the trial, the United States presented evidence that two days before the murder the defendant stated he would kill George Jacobs. On August 28, 1999, the defendant found George Jacobs and Jacobs’ friend, M.S., driving on a road in rural McIntosh County. The defendant chased after M.S. and George Jacobs in his vehicle and ultimately forced M.S. and George Jacobs to stop. The defendant, along with two others, attacked George Jacobs. After beating and kicking him, the defendant cut Jacob’s throat with a knife and cut off his penis and testicles. The next day, deputies of the McIntosh County Sheriff’s Department and agents with the Oklahoma State Bureau of Investigation apprehended and arrested the defendant.
“After more than twenty years, justice has been restored to the George Jacobs family,” said United States Attorney Christopher J. Wilson. “Although the life sentences imposed by the Court will not take away the family’s pain and sorrow, they can take solace knowing the defendant will be held accountable for the heinous crimes he committed. I am grateful for the tireless work of the Oklahoma State Bureau of Investigation, the Federal Bureau of Investigation, and our team at the U.S. Attorney’s Office in reinvestigating and successfully prosecuting the defendant decades after his vicious acts.”
"The nature and circumstances of the defendant's brutal killing of George Jacobs are beyond description, and inescapable in the eyes of justice," said Special Agent in Charge Edward Gray of the FBI Oklahoma City Field Office. "For his crimes, Patrick Murphy will now spend the rest of his life behind the bars of a federal prison cell. It’s our sincerest hope that this sentencing, through the perseverance of those who worked this case, brings justice and closure to George’s family.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the sentencing hearing. Murphy was remanded to the custody of the United States Marshal to await commitment to a United States Bureau of Prisons facility to serve his non-paroleable sentence of incarceration.
Assistant United States Attorneys Jarrod Leaman and Robert Reeves prosecuted the case on behalf of the United States.
Federal Jury Convicts Muskogee County Resident of Sexually Abusing A Child Under Twelve in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Bradley Wayne Morris, age 36, of Muskogee, Oklahoma was found guilty by a federal jury of two counts of Aggravated Sexual Abuse in Indian Country and two counts of Abusive Sexual Contact of a Child in Indian Country.
The jury trial began with testimony on Monday, May 2, 2022, and concluded on Thursday, May 5, 2022, with the guilty verdicts. Based on the verdicts, the defendant is facing a mandatory minimum sentence of 30 years up to life imprisonment.
During the trial, the United States presented evidence that between January 2018 and February 2020, the defendant sexually abused a child under the age of 12.
The guilty verdicts were the result of an investigation by the Muskogee Police Department and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the victim in this case is a member of a federally recognized Indian tribe and the crimes occurred in Muskogee County, within the boundaries of the Muscogee (Creek) Nation Reservation, and within the Eastern District of Oklahoma.
The Honorable John F. Heil, III, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Morris was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorneys James Montoya and Hannah Jones represented the United States.
Federal Jury Convicts Broken Arrow Resident of Voluntary Manslaughter in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Martha Christine Simpson, age 45, of Broken Arrow, Oklahoma was found guilty by a federal jury of Voluntary Manslaughter in Indian Country.
The jury trial began with testimony on Monday, May 2, 2022, and concluded on Wednesday, May 4, 2022, with the guilty verdict.
During the trial, the United States presented evidence that during the early morning hours of July 15, 2019, Jabaica Tecumseh and Tommy Tecumseh came to Martha Simpson’s Broken Arrow home. Jabaica Tecumseh and Tommy Tecumseh beat and kicked Martha Simpson’s boyfriend, Trevor Richardson. Martha Simpson then stabbed Richardson with a knife.
Richardson’s body was wrapped in a blanket and loaded in the trunk of his own vehicle. Jabaica Tecumseh drove the vehicle from the crime scene and later burned the body at a remote location in Okmulgee County. After the killing, Simpson cleaned up the crime scene.
The guilty verdict was the result of an investigation by the Broken Arrow Police Department and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant in this case is a member of a federally recognized Indian tribe and the crime occurred in Wagoner County, within the boundaries of the Muscogee (Creek) Nation Reservation, and within the Eastern District of Oklahoma.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Simpson was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorney William Cosner and Assistant United States Attorney Michael Mazur represented the United States.
Federal Jury Convicts Pontotoc County Resident of Involuntary Manslaughter in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Lloyd Ray Hatley, age 67, of Ada, Oklahoma was found guilty by a federal jury of Involuntary Manslaughter in Indian Country.
The jury trial began with testimony on Tuesday, April 26, 2022, and concluded on Friday, April 29, 2022, with the guilty verdict.
During the trial, the United States presented evidence that, on February 22, 2017, Lloyd Ray Hatley was driving a pickup truck on State Highway One in Pontotoc County. Travelling at a high rate of speed, and failing to devote his full time and attention to driving, he crashed directly into the rear of a Pontiac Grand Am driven by Gay Ott and occupied by passengers Mary Nappa and Stephen Ott. The collision killed Mary Nappa and caused great bodily injury to Gay Ott, who passed away in 2020.
The guilty verdict was the result of an investigation by the Oklahoma Highway Patrol and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant in this case is a member of a federally-recognized Indian tribe and the crime occurred in Pontotoc County, within the boundaries of the Chickasaw Nation Reservation, and within the Eastern District of Oklahoma.
The Honorable Charles B. Goodwin, U.S. District Judge in the United States District Court for the Western District of Oklahoma in Oklahoma City, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Hatley was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorney Kevin Gross and Special Assistant United States Attorney Lauren Ibanez represented the United States.
Federal Jury Convicts Broken Arrow Resident of Offenses Relating to the Exploitation of A MinorRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Heather Nicole Bycroft, age 37, of Broken Arrow, Oklahoma was found guilty by a federal jury of one count of Sexual Exploitation of a Child and one count of Possession of Certain Material involving the Sexual Exploitation of a Minor.
The jury trial began with testimony on Monday, April 25, 2022, and concluded on Tuesday, April 26, 2022, with the guilty verdicts. Based on the verdicts, the defendant is facing up to thirty years of imprisonment.
During the trial, the United States presented evidence that on July 4th, 2015, Heather Nicole Bycroft, together with her husband, Jason Cory Bycroft, created visual depictions of sexually explicit conduct involving a six year old girl. At the time of her arrest in 2021, Heather Bycroft was working as a first grade teacher at Bixby Public Schools.
The guilty verdicts were the result of an investigation by the Broken Arrow Police Department and the Federal Bureau of Investigation.
The Honorable Timothy D. DeGiusti, U.S. District Judge in the United States District Court for the Western District of Oklahoma, in Muskogee, presided over the trial and ordered the completion of a presentence report. The sentencing will be scheduled following completion of the report. Heather Bycroft was remanded to the custody of the United States Marshal pending the imposition of sentencings.
Prior to Heather Bycroft’s trial, her codefendant, Jason Cory Bycroft entered a guilty plea to two counts of Sexual Exploitation of a Child and two counts of Possession of Certain Material involving the Sexual Exploitation of a Minor. His sentencing will be scheduled following the completion of a presentence report.
Assistant United States Attorney Morgan Muzljakovich and Assistant United States Attorney Hannah Jones represented the United States.
District Court Appoints Christopher J. Wilson as United States Attorney for the Eastern District of OklahomaRead the Press Release
MUSKOGEE, OKLAHOMA - Christopher J. Wilson has been appointed by the United States District Court as United States Attorney for the Eastern District of Oklahoma. Chief Judge Ronald A. White administered the oath to Wilson who will serve until a presidentially appointed Senate confirmed U.S Attorney is named.
“I am honored and grateful to the District Court judges for allowing me to continue serving as United States Attorney for the Eastern District of Oklahoma,” said Wilson. “I am blessed to lead a talented and dedicated team at the U.S. Attorney’s Office, and it remains our goal to work closely with our law enforcement partners to protect the people of the Eastern District and hold federal offenders accountable.”
Wilson became Acting United States Attorney for the Eastern District on March 1, 2021. Attorney General Merrick Garland then appointed Wilson on December 26, 2021, to be the Interim U.S. Attorney for a period of 120 days. Prior to his designation as Acting U.S. Attorney, Wilson was the First Assistant United States Attorney and previously served as Chief of the Criminal Division.
Wilson has been an Assistant United States Attorney for the Eastern District of Oklahoma since April 2006. As a federal prosecutor, he handled a wide variety of criminal matters including terrorism, violent crime, firearms, white collar, public corruption, narcotics, and child exploitation. Wilson served as the Eastern District’s Anti-Terrorism Advisory Council Coordinator (ATAC), National Security Cyber Specialist (NSCS), Computer Hacking and Intellectual Property Coordinator (CHIP), Project Safe Childhood Coordinator (PSC), Elder Justice Coordinator (EJC), District Security Manager (DOSM), and Crisis Management Coordinator (CMC). In 2018, Wilson received the Executive Office of United States Attorneys Director’s Award for Superior Performance in Indian Country.
Wilson, a life-long resident of Oklahoma, received his Bachelor of Science degree from Oklahoma Christian College in 1986, graduating summa cum laude, and his Juris Doctor with Distinction degree from the University of Oklahoma College of Law in 1989. Wilson’s career as a criminal prosecutor began in 1991 as an Assistant District Attorney in Pittsburg County, Oklahoma. He served as the First Assistant for Oklahoma’s 18th Prosecutorial District (Pittsburg and Haskell counties) for two District Attorneys and was the elected District Attorney for District 18 from January 2003 to April 2006.
Individual Sentenced on Kidnapping and Weapons Charges Connected to Murder in Indian CountryRead the Press Release
A member of the Seminole Nation of Oklahoma was sentenced today to more than 12 years in prison for his conduct in connection with a homicide that took place in 2017 within Indian Country in Oklahoma. The defendant was sentenced to 155 months for kidnapping and 120 months for being a felon in possession of a firearm, to run concurrently, followed by five years’ supervised release.
According to court documents, Nicholas Earl Faulkner, 32, of Holdenville, Oklahoma, pleaded guilty to kidnapping and being a felon in possession of a firearm in May 2019. According to his plea, in April 2017, Faulkner was living with co-defendant Matthew Armstrong, who was involved in smuggling contraband into various prisons and jails for the Indian Brotherhood (IBH), a prison-based Indian gang active in Oklahoma.
According to court documents, on April 16, 2017, at Armstrong’s residence, Armstrong had a dispute over drugs with the victim, who was also staying at the home. Armstrong and Faulkner took the victim into the woods behind the residence where Armstrong tied her to a tree. Faulkner brought Armstrong the binding materials, at Armstrong’s direction. Faulkner and Armstrong left the victim tied to the tree for several hours and then returned with a rifle. Armstrong shot the victim twice killing her. Faulkner then took the gun and left the area at the direction of Armstrong.
Armstrong pleaded guilty in October 2021 to murder in Indian country, kidnapping and possession with intent to distribute methamphetamine. He will be sentenced at a later date and faces a maximum penalty of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney Christopher J. Wilson of the Eastern District of Oklahoma, and Special Agent in Charge Edward Gray of the FBI’s Oklahoma City Field Office made the announcement.
The FBI and the Oklahoma State Bureau of Investigation investigated the case.
Trial Attorneys Rami Badawy and Brian Morgan of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Zach Parsons of the Eastern District of Oklahoma prosecuted the case.
Holdenville Resident Sentenced on Kidnapping and Weapons Charges Connected to Murder in Indian CountryRead the Press Release
WASHINGTON – A member of the Seminole Nation of Oklahoma was sentenced today to more than 12 years in prison for his conduct in connection with a homicide that took place in 2017 within Indian Country in Oklahoma. The defendant was sentenced to 155 months for kidnapping and 120 months for being a felon in possession of a firearm, to run concurrently, followed by five years’ supervised release.
According to court documents, Nicholas Earl Faulkner, 32, of Holdenville, Oklahoma, pleaded guilty to kidnapping and being a felon in possession of a firearm in May 2019. According to his plea, in April 2017, Faulkner was living with co-defendant Matthew Armstrong, who was involved in smuggling contraband into various prisons and jails for the Indian Brotherhood (IBH), a prison-based Indian gang active in Oklahoma.
According to court documents, on April 16, 2017, at Armstrong’s residence, Armstrong had a dispute over drugs with the victim, who was also staying at the home. Armstrong and Faulkner took the victim into the woods behind the residence where Armstrong tied her to a tree. Faulkner brought Armstrong the binding materials, at Armstrong’s direction. Faulkner and Armstrong left the victim tied to the tree for several hours and then returned with a rifle. Armstrong shot the victim twice killing her. Faulkner then took the gun and left the area at the direction of Armstrong. Faulkner and Armstrong later purchased concrete mix, returned to the murder scene, untied the victim’s body, dug a shallow grave, placed the body in the grave, and covered it with concrete and soil.
Armstrong pleaded guilty in October 2021 to murder in Indian country, kidnapping and possession with intent to distribute methamphetamine. He will be sentenced at a later date and faces a maximum penalty of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite, Jr., of the Justice Department’s Criminal Division, U.S. Attorney Christopher J. Wilson of the Eastern District of Oklahoma, Assistant Director Luis Quesada of the FBI’s Investigative Division, and Special Agent in Charge Edward Gray of the FBI’s Oklahoma City Field Office made the announcement.
The FBI and the Oklahoma State Bureau of Investigation investigated the case.
Trial Attorneys Rami Badawy and Brian Morgan of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Zack Parsons of the Eastern District of Oklahoma prosecuted the case.
Federal Jury Convicts Sallisaw Resident of Offenses Relating to the Aggravated Sexual Abuse of A Minor in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Jerry Dewayne Rogers, age 59, of Sallisaw, Oklahoma was found guilty by a federal jury of one count of Aggravated Sexual Abuse in Indian Country, three counts of Abusive Sexual Contact in Indian County, and one count of Sexual Abuse of a Minor in Indian Country.
The jury trial began with testimony on Monday, April 18, 2022, and concluded on Wednesday, April 20, 2022, with the guilty verdicts. Based on the verdicts, the defendant is facing a mandatory minimum sentence of not less than thirty years imprisonment.
During the trial, the United States presented evidence that the defendant sexually abused a child. The sexual abuse began when the victim was 8 years old and continued until age 13 years.
The guilty verdicts were the result of an investigation by the Sequoyah County Sheriff’s Office and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the victim is a member of a federally recognized Indian tribe and the crimes occurred in Sequoyah County, within the boundaries of the Cherokee Nation Reservation, and within the Eastern District of Oklahoma.
The Honorable Timothy D. DeGiusti, U.S. District Judge in the United States District Court for the Western District of Oklahoma in Oklahoma City, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Rogers was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorney Benjamin D. Traster was the lead prosecutor representing the United States.
Tahlequah Resident Sentenced to Life Imprisonment for Sexually Abusing Minor Under 12 in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Michael David Jackson, age 40, of Tahlequah, Oklahoma was sentenced to three individual life sentences on two counts of Aggravated Sexual Abuse of a Minor Under 12 and one count of Abusive Sexual Contact with a Child Under 12 Years. Jackson was also sentenced to 360 months for one count of Sexual Exploitation of a Child/Use of a Child to Produce a Visual Depiction and 240 months for two counts of Possession of Certain Material Involving the Sexual Exploitation of a Minor. All sentences will run concurrently.
The defendant was convicted by a federal jury on July 1, 2021. During the trial, the United States presented evidence that Jackson began sexually abusing the victim in the fall of 2019 and the abuse continued until late-December 2019. The child’s parents testified they relied on Jackson to provide childcare while they worked because they thought they could trust Jackson. In his caretaking role, Jackson had continued access to the child, which included staying overnight. Jackson used this time with the victim to sexually abuse her. The trial evidence also proved Jackson used a cell phone camera to capture images of the abuse.
“The sentence ordered by the Court will ensure that the defendant will never have the ability to abuse or exploit another child," said United States Attorney Christopher J. Wilson. “Cases like this are especially heart-wrenching. I am thankful for the work of the Cherokee Nation Marshal Service, the Federal Bureau of Investigation and the United States Attorney’s Office to see to it the defendant was brought to justice.”
“Our children undoubtedly represent our nation’s future”, said FBI Oklahoma City Special Agent in Charge Ed Gray. “This sentence provides a clear depiction of what will continue to happen to perpetrators who defile our nation’s innocent. As protectors of the American people, the FBI will continue its unwavering fight against those who try to thwart our nation’s bright future in any capacity.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the sentencing hearing. Jackson was remanded to the custody of the United States Marshal to await commitment to a United States Bureau of Prisons facility to serve his non-paroleable sentence of incarceration.
Assistant United States Attorneys Courtney Jordan and Dean Burris prosecuted the case on behalf of the United States.