Eastern District of Oklahoma
Press releases recorded for this federal judicial district.
Federal Jury Convicts Pittsburg County Residents of Narcotics and Money Laundering OffensesRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Early Willard Woodmore, III, age 34, of Quinton, Oklahoma and Calvin James Woodmore, age 33, of McAlester, Oklahoma were found guilty by a federal jury of Drug Conspiracy, Drug Distribution, Conspiracy to Commit Money Laundering and Money Laundering. A copy of the original indictment can be found at https://go.usa.gov/xdYg4. All other indicted codefendants previously entered pleas of guilty.
The jury trial began with testimony on Monday, April 4, 2022, and concluded on Thursday, April 7, 2022, with the verdicts of guilty on all counts for both defendants. Based on the jury’s verdicts, both Early Willard Woodmore III and Calvin James Woodmore could receive up to life imprisonment.
During the trial, the United States presented evidence that beginning in 2017 and continuing until the end of 2019, Early Woodmore, III operated a methamphetamine distribution organization based in Haskell and Pittsburg counties. Early Woodmore, III, working with his source of supply in California, received numerous multi-pound shipments of methamphetamine sent through the United States Postal Service to various addresses in Haskell and Pittsburg counties. Early Woodmore, III, Calvin Woodmore, and other codefendants repackaged the methamphetamine into smaller quantities and distributed it in the Pittsburg and Haskell county area. After being arrested in April 2019 on state charges of assault and kidnapping, the Woodmores continued to operate the organization from within the Haskell County Jail, utilizing the inmate phone system. The Woodmore drug trafficking organization utilized money wire services and banks to send payments for the methamphetamine to the source of supply in California. The trial evidence further showed that the Woodmores engaged in acts of violence and retaliation against those they suspected of cooperating with law enforcement.
The guilty verdicts arose from a joint investigation led by the Drug Enforcement Administration (“DEA”), along with Haskell County Sheriff’s Office, the Oklahoma Bureau of Narcotics (“OBN”), the District 18 District Attorney’s Drug Task Force, the Internal Revenue Service (“IRS”), the United States Postal Inspection Service (“USPIS”), the National Guard Counterdrug Task Force, the Bureau of Indian Affairs (“BIA”), the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”), the Pittsburg County Sheriff’s Office, the McAlester Police Department, and the Stigler Police Department. The investigation was part of and included members of the DEA High Intensity Drug Trafficking (“HIDTA”) Task Force.
This case is also part of the Department of Justice’s Organized Crime and Drug Enforcement Task Force (OCDETF) program. The OCDETF program is the centerpiece of the Department of Justice’s drug supply reduction strategy. OCDETF was established to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s illicit drug supply.
The Honorable John F. Heil, III, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of the presentence reports for both defendants. Sentencings will be scheduled following completion of the reports. Both defendants were remanded to the custody of the United States Marshal pending the imposition of the sentencings.
Assistant United States Attorney Ryan Conway and Assistant United States Attorney Kevin Cheung represented the United States.
Henryetta Resident Sentenced to Life Imprisonment for Murdering FatherRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Diamond Levi Britt, age 27, of Henryetta, Oklahoma was sentenced to life imprisonment for being found guilty by jury trial of First-Degree Murder in Indian Country. Britt’s federal jury trial began with testimony on Tuesday, July 13, 2021, and concluded on Thursday, July 15, 2021, with the guilty verdict.
During Britt’s jury trial, the United States presented evidence that on September 16, 2019, the defendant attacked his father, Gary Britt, with a samurai sword. The victim suffered significant injuries including a partially severed arm, multiple head wounds, and a transected quadriceps tendon. The victim died nine days after the attack due to complications from his injuries.
The evidence at trial further demonstrated that Britt knowingly and deliberately killed his father, with premeditation. On at least two occasions prior to the attack the defendant informed family members he intended to kill his father. After the vicious attack, Britt left the crime scene and was observed by Henryetta police officers walking along a roadway carrying the sword. Britt was taken into custody and made numerous statements that night indicating that he wanted to kill his father and that he regularly thought about stabbing his father. After hearing argument from the parties during the sentencing hearing, United States District Court Judge John F. Heil, III sentenced Britt to life in prison.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant is a member of a federally recognized Indian tribe and the crime occurred in Okmulgee County, within the boundaries of the Muscogee (Creek) Nation, and within the Eastern District of Oklahoma.
The case was the result of an investigation by the Okmulgee County Sheriff’s Office, the Henryetta Police Department, and the Federal Bureau of Investigation.
“A life sentence is fit punishment,” said Christopher J. Wilson, United States Attorney. “The defendant viciously murdered his father with a samurai sword. His acts were almost unthinkable, and my heart goes out to the victim’s family. Prosecuting violent crime in Indian Country like this continues to be of paramount importance to the United States Attorney’s Office for the Eastern District of Oklahoma.”
No excuse can justify the premeditated act of savagery committed by this man, who will now spend the rest of his life behind bars” said Ed Gray, Special Agent in Charge of the FBI Oklahoma City Division. “The FBI stands strongly with our tribal partners in our joint commitment to bring to justice those who engage in such brutality. Violent crimes, such as this horrendous act, will never go unchallenged.”
The Honorable John F. Heil, III, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the sentencing hearing. Special Assistant United States Attorneys Kyle J. Essley and Robert Reeves represented the United States. Britt was remanded to the custody of the United States Marshal to await commitment to a United States Bureau of Prisons facility to serve his non-paroleable sentence of incarceration.
Former Accounting Manager Pleads Guilty to Stealing from Chickasaw NationRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Christopher Wallace Covington, age 41, of Ada, Oklahoma, entered a guilty plea to an Information charging him with one count of Theft Concerning Programs Receiving Federal Funds, in violation of Title 18, United States Code, Section 666(a)(1)(A). The offense is punishable by up to 10 years of imprisonment, a fine of $250,000.00, or both.
The Information alleged that from January 6, 2017 to May 11, 2021, the defendant, an accounting manager within the Chickasaw Nation Department of Treasury, Division of Headquarters Finance, stole and obtained by fraud more than $225,000.00 and less than $550,000.00 from the Chickasaw Nation. The defendant redirected funds from the Chickasaw Nation’s General Fund bank account to his personal Coinbase.com account. The Chickasaw Nation is a federally recognized Indian tribal government and organization which receives federal benefits and assistance.
The charges arose from an investigation by the Federal Bureau of Investigation.
The Honorable Jason A. Robertson, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, accepted the plea and ordered the completion of a presentence investigation report. The defendant was released on a personal recognizance appearance bond pending formal sentencing.
Assistant U.S. Attorney Cameron McEwen represented the United States.
Oklahoma Resident Pleads Guilty to Murder in Indian CountryRead the Press Release
WASHINGTON – An enrolled member of the Seminole Nation of Oklahoma pleaded guilty today to second degree murder in Indian Country in connection with a homicide that took place in 2015 in Oklahoma.
According to court documents, in May 2015, John Douglas Knight, 41, and Matthew Armstrong, 32. both of Seminole, Oklahoma, received orders from the Indian Brotherhood, a prison-based gang active in Oklahoma, to go to victim Scotty Candler’s residence and question him. Knight and Armstrong, both carrying firearms, went to Candler’s residence in Seminole County. Knight and Armstrong planned to question, point their firearms at Candler, and beat him up. Instead, Knight and Armstrong shot Candler in the head, killing him. Knight and Armstrong then ran from the residence and disposed of the firearms.
Armstrong pleaded guilty on Oct. 20, 2021 and is awaiting sentencing. According to court documents in that case, Knight and Armstrong went to question the victim Candler about an unrelated homicide that took place behind a WalMart store in Seminole.
Knight pleaded guilty to murder in the second degree. He will be sentenced at a later date and faces a maximum penalty of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division, U.S. Attorney Christopher J. Wilson of the Eastern District of Oklahoma, Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division, and Special Agent in Charge Edward Gray of the FBI’s Oklahoma City Field Office made the announcement.
The FBI and the Oklahoma State Bureau of Investigation are investigating the cases.
Trial Attorneys Brian Morgan and Rami Badawy of the Criminal Division’s Human Rights and Special Prosecutions Section are prosecuting the case in coordination with the U.S. Attorney’s Office for the Eastern District of Oklahoma.
Oklahoma Man Pleads Guilty to Murder in Indian CountryRead the Press Release
An enrolled member of the Seminole Nation of Oklahoma pleaded guilty today to second degree murder in Indian Country in connection with a homicide that took place in 2015 in Oklahoma.
According to court documents, in May 2015, John Douglas Knight, 41, and Matthew Armstrong, 32. both of Seminole, Oklahoma, received orders from the Indian Brotherhood, a prison-based gang active in Oklahoma, to go to victim Scotty Candler’s residence and question him. Knight and Armstrong, both carrying firearms, went to Candler’s residence in Seminole County. Knight and Armstrong planned to question, point their firearms at Candler, and beat him up. Instead, Knight and Armstrong shot Candler in the head, killing him. Knight and Armstrong then ran from the residence and disposed of the firearms.
Armstrong pleaded guilty on Oct. 20, 2021 and is awaiting sentencing. According to court documents in that case, Knight and Armstrong went to question the victim Candler about an unrelated homicide that took place behind a Walmart store in Seminole. Another individual, Kadetrix Grayson, was charged with the homicide in question and is awaiting trial in the Eastern District of Oklahoma.
Knight pleaded guilty to murder in the second degree. He will be sentenced at a later date and faces a maximum penalty of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division, U.S. Attorney Christopher J. Wilson of the Eastern District of Oklahoma, Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division, and Special Agent in Charge Edward Gray of the FBI’s Oklahoma City Field Office made the announcement.
The FBI and the Oklahoma State Bureau of Investigation are investigating the cases.
Trial Attorneys Brian Morgan and Rami Badawy of the Criminal Division’s Human Rights and Special Prosecutions Section are prosecuting the case in coordination with the U.S. Attorney’s Office for the Eastern District of Oklahoma.
Federal Jury Convicts Muskogee Resident of Murder and Robbery Offenses in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Kevin Marvell Jackson, age 20, of Muskogee, Oklahoma was found guilty by a federal jury of murder in Indian country, along with robbery and firearm offenses.
The jury trial began with testimony on Tuesday, March 1, 2022, and concluded on Thursday, March 3, 2022, with the guilty verdicts. Based on the jury’s verdict, the defendant is facing a mandatory sentence of life imprisonment.
During the trial, the United States presented evidence the defendant attempted to rob Bradley Dillon and Dakota Berryhill of what he believed to be a large amount of casino winnings during the early morning hours of October 19, 2020. The defendant hatched the plan to rob Dillon and Berryhill after overhearing telephone conversations about the winnings between friends of Dillon. Unbeknownst to defendant, Dillon and Berryhill were simply joking about the casino winnings and had very little money when defendant attempted to rob them at gunpoint. While Berryhill escaped the robbery, defendant shot Dillon at least five times. Defendant fled the scene and was apprehended in the Oklahoma City area after a manhunt led by the FBI.
The guilty verdicts were the result of an investigation by the Muskogee Police Department and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the victims in this case are members of a federally-recognized Indian tribe and the crimes occurred in Muskogee County, within the boundaries of the Muscogee (Creek) Nation Reservation, and within the Eastern District of Oklahoma.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Jackson was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorney Michael Cooper represented the United States.
Federal Jury Convicts Porum Resident of Illegal Possession of Firearm and AmmunitionRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Justin Miles Ness, age 40, of Porum, Oklahoma was found guilty by a federal jury of Felon in Possession of Firearm & Ammunition.
The jury trial began with testimony on Tuesday, March 1, 2022, and concluded on Wednesday, March 2, 2022, with a verdict of guilty. Based on the jury’s verdict, the defendant could potentially receive up to ten years of imprisonment.
During the trial, the United States presented evidence that on September 8, 2021, federal agents served a federal search warrant on Justin Miles Ness’ residence in Porum, Oklahoma. Agents seized a firearm and over 500 rounds of ammunition. The evidence also included photographs, video/audio and text messages from Ness’s Facebook account wherein the defendant, a convicted felon, was shown to be in possession of a firearm and discussing the acquisition of firearms.
The guilty verdict was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Federal Bureau of Investigation.
The Honorable John F. Heil, III, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Ness was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorney William Cosner and Assistant United States Attorney Ryan Conway represented the United States.
Federal Jury Convicts Okemah Resident of Murder in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Elijah Dewayne Hicks, age 22, of Okemah, Oklahoma was found guilty by a federal jury of Murder in Indian Country; Use, Carry, Brandish, and Discharge of a Firearm During and in Relation to a Crime of Violence; and Causing the Death of a Person in the Course of a Violation of Title 18 United States Code § 924(c).
The jury trial began with testimony on Tuesday, February 15, 2022, and concluded on Thursday, February 17, 2022, with a verdict of guilty on all three criminal counts. Based on the jury’s verdicts, the defendant could potentially receive up to life imprisonment.
During the trial, the United States presented evidence that on August 7, 2021, the defendant intentionally killed his cousin, Timothy Ray Buckley, by shooting him four times, and then fled before law enforcement could arrive, resulting in a four-month long manhunt by the FBI. The incident occurred in Okemah, Oklahoma.
The guilty verdicts were the result of an investigation by the Federal Bureau of Investigation, Oklahoma State Bureau of Investigation, Muscogee (Creek) Lighthorse Police, and the Okemah Police Department.
“I am thankful for the cooperative efforts of our local, state, tribal, and federal law enforcement partners in investigating and prosecuting the defendant,” said United States Attorney Christopher Wilson. “Prosecuting violent crime in Indian Country, like the ruthless act of the defendant in this case, remains the priority of the United States Attorney’s Office, and I am proud of the tireless efforts and excellent work of our attorneys, victim assistants, witness coordinators, and support staff each day.”
"The FBI is tasked with investigating the most heinous crimes in Indian Country, including murder. We are committed to not only investigating these crimes but to holding violent offenders like Mr. Hicks accountable for their actions,” said Edward J. Gray, Special Agent in Charge of the FBI Oklahoma City Field Office. “We will continue working with our partners to obtain justice for the victims and to protect the communities we serve in Eastern Oklahoma.”
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant is a member of a federally recognized Indian tribe and the crimes occurred in Okfuskee County, within the boundaries of the Muscogee (Creek) Nation Reservation, and within the Eastern District of Oklahoma.
The Honorable Bernard M. Jones, II, U.S. District Judge in the United States District Court for the Western District of Oklahoma in Oklahoma City, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Hicks was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorney Charles Bucca and Assistant United States Attorney Jordan Howanitz represented the United States.
Christopher J. Wilson Appointed Interim United States Attorney for the Eastern District of OklahomaRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today Christopher J. Wilson has been appointed by United States Attorney General Merrick B. Garland and sworn in by Chief United States District Ronald A. White as Interim United States Attorney for the Eastern District of Oklahoma. The appointment became effective on December 26, 2021 and will continue for a period of 120 days.
Mr. Wilson has been the Acting United States Attorney for the Eastern District pursuant to the Federal Vacancies Reform Act of 1998 since March 1, 2021. Prior to his designation as Acting U.S. Attorney, Mr. Wilson was the First Assistant United States Attorney and previously served as Chief of the Criminal Division.
“I am humbled and honored to continue serving as United States Attorney for the Eastern District of Oklahoma,” said Wilson. “I believe there is no higher calling than to protect and serve the people of the Eastern District, and I am blessed to work with an amazing team at the United States Attorney’s Office. In coordination with our local, state, tribal and federal partners, the men and women in the U.S. Attorney’s Office are committed to discharging our mission of prosecuting violations of federal law, pursuing justice for crime victims, and protecting the security and financial interests of the United States.”
Mr. Wilson has been an Assistant United States Attorney for the Eastern District of Oklahoma since 2006. As a federal prosecutor, Mr. Wilson handled a wide variety of criminal matters including terrorism, violent crime, firearms, white collar, public corruption, narcotics, and child exploitation. He served as the Eastern District’s Anti-Terrorism Advisory Council Coordinator (ATAC), National Security Cyber Specialist (NSCS), Computer Hacking and Intellectual Property Coordinator (CHIP), Project Safe Childhood Coordinator (PSC), Elder Justice Coordinator (EJC), District Security Manager (DOSM), and Crisis Management Coordinator (CMC). In 2018, Mr. Wilson received the Executive Office of United States Attorneys Director’s Award for Superior Performance in Indian Country.
Mr. Wilson, a life-long resident of Oklahoma, received his Bachelor of Science degree from Oklahoma Christian College in 1986, graduating summa cum laude, and his Juris Doctor with Distinction degree from the University of Oklahoma College of Law in 1989. Mr. Wilson’s career as a criminal prosecutor began in 1991 as an Assistant District Attorney in Pittsburg County, Oklahoma. He served as the First Assistant for Oklahoma’s 18th Prosecutorial District (Pittsburg and Haskell counties) for two District Attorneys and was the elected District Attorney for District 18 from January 2003 to April 2006.
Office on Violence Against Women Announces Awards to 11 Indian Tribal Governments to Exercise Special Domestic Violence Criminal JurisdictionRead the Press Release
MUSKOGEE, OKLAHOMA – The U.S. Department of Justice Office on Violence Against Women (OVW) announced awards to 11 Indian Tribal governments to support them in exercising special domestic violence criminal jurisdiction (SDVCJ). The Violence Against Women Reauthorization Act of 2013 (VAWA 2013) recognized the authority of tribes to exercise SDVCJ over certain defendants, regardless of their Indian or non-Indian status, who commit crimes of domestic violence or dating violence or violate certain protection orders in Indian country.
“We heard from tribal leaders that they need access to funds to support the day-to-day costs of SDVCJ, and I’m pleased to announce OVW is issuing eleven awards to implementing tribes to defray these costs,” said OVW Principal Deputy Director Allison Randall. “OVW is dedicated to working with tribes to address challenges in protecting victims and responding to offenders in their communities, as well as supporting tribal sovereignty."
The recipients of the one-year awards under OVW’s Tribal Jurisdiction Program are: Chickasaw Nation ($250,000), Oklahoma; Eastern Band of Cherokee Indians, North Carolina; Fort Peck Assiniboine and Sioux Tribes, Montana; Muscogee (Creek) Nation ($250,000), Oklahoma; Nottawaseppi Huron Band of the Potawatomi, Michigan; Pascua Yaqui Tribe, Arizona; Port Gamble S’klallam Tribe, Washington; Pueblo of Santa Clara, New Mexico; Seminole Nation ($249,352) of Oklahoma; the Cherokee Nation ($250,000) of Oklahoma; and the Tulalip Tribes of Washington.
“Domestic violence is a scourge which impacts all segments of the Eastern District of Oklahoma, including our Tribal Nations,” said Acting United States Attorney Christopher J. Wilson. “This grant funding will aid Cherokee, Chickasaw, Muscogee (Creek), Seminole and Tribal prosecutors in the Eastern District to address the issue of domestic violence within their reservations.”
OVW’s Tribal Jurisdiction Program was authorized under VAWA 2013 and supports tribes with jurisdiction over Indian country in exercising SDVCJ. Tribal Jurisdiction Program funds may be used to strengthen tribal criminal justice systems, provide indigent criminal defense, conduct jury trials and provide services and applicable rights to crime victims. Costs could include, but are not necessarily limited to, incarceration costs (including medical care) for non-Indian SDVCJ defendants, trial costs for SDVCJ cases, defense counsel costs, costs associated with empaneling a jury for an SDVCJ trial, batterer’s intervention or other pre- or post-conviction supervision or programming costs and related training and technical assistance.
About the Office on Violence Against Women
The Office on Violence Against Women provides leadership in developing the nation’s capacity to reduce violence through the implementation of the Violence Against Women Act and subsequent legislation. Created in 1995, OVW administers financial and technical assistance to communities across the country that are developing programs, policies and practices aimed at ending domestic violence, dating violence, sexual assault and stalking. In addition to overseeing federal grant programs, OVW undertakes initiatives in response to special needs identified by communities facing acute challenges. Learn more at www.justice.gov/ovw.
Federal Justice Department Awards More Than $17.5 Million to Support Project Safe NeighborhoodsRead the Press Release
MUSKOGEE, OKLAHOMA – The Department of Justice announced today that it has awarded more than $17.5 million in grants to support the Project Safe Neighborhoods (PSN) Program. Funding will support efforts across the country to address violent crime, including the gun violence that is often at its core. The Office of the Oklahoma Attorney General was awarded $326,903 to administer PSN grant funds in Oklahoma. Acting U.S. Attorney Clinton J. Johnson for the Northern District of Oklahoma, Acting U.S. Attorney Robert J. Troester for the Western District of Oklahoma, and Acting U.S. Attorney Christopher J. Wilson for the Eastern District of Oklahoma, joined in the announcement.
The Bureau of Justice Assistance (BJA), part of the department’s Office of Justice Programs (OJP), will administer the 88 grant awards, which are being made to designated fiscal agents to support local PSN projects that work in partnership with U.S. Attorneys’ Offices. With approval from BJA, the Fiscal Agent will begin the process of making subawards for PSN grant projects.
“This latest Project Safe Neighborhoods grant is critical to addressing the violent crime threatening cities and towns all across our country,” said Deputy Attorney General Lisa O. Monaco. “Ensuring the safety of all Americans is the highest priority for the Department of Justice, but when it comes to violent crime, there is not a one-size-fits-all solution. We have to work closely with local public safety agencies as well as community organizations to craft individual strategies unique to each community’s needs. Programs like Project Safe Neighborhoods and the funding it provides allow us to do just that.”
“Violent crime impacts communities throughout Oklahoma. This grant funding will continue to allow our Offices to coordinate with the Oklahoma Attorney General’s Office and our law enforcement partners to reduce violence and build confidence in the communities we collectively serve,” said Acting U.S. Attorneys Johnson, Troester, and Wilson. “Together with the Attorney General’s Office, we are devoted to safeguarding Oklahomans, disrupting violent crime, and forging new pathways to address underlying issues that may trigger violent conduct throughout the State.”
“My top priority as Attorney General is the safety of all Oklahomans,” said Oklahoma Attorney General John O’Connor.” “The Project Safe Neighborhoods grants will allow our office, in partnership with the U.S. Attorneys’ Offices, to prevent and fight violent crime in our great state.”
“Investing in our communities, supporting victims and building a justice system that both keeps people safe and earns their trust – these are mutually reinforcing goals that stand at the heart of Project Safe Neighborhoods,” said Principal Deputy Assistant Attorney General Amy L. Solomon for OJP. “The Office of Justice Programs is pleased to join with our U.S. Attorneys’ Offices, and with jurisdictions across the country, as we work together to meet the challenges of crime and violence and achieve our shared aspirations of public safety and community trust.”
In May 2021, Attorney General Merrick B. Garland announced a new effort to reduce violent crime, including the gun violence that is often at its core. Integral to that effort was the reinvigoration of PSN, a two-decade old evidence-based and community-oriented program focused on reducing violent crime. The updated PSN approach, outlined in the department’s Comprehensive Strategy for Reducing Violent Crime issued by Deputy Attorney General Monaco, is guided by four key principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence, setting focused and strategic enforcement priorities and measuring the results of our efforts. The fundamental goal is to reduce violent crime, not simply to increase the number of arrests or prosecutions.
This fall, U.S. Attorney’s Offices across the country have enhanced their violent crime reduction efforts to ensure alignment with the department’s comprehensive violent crime reduction strategy. U.S. Attorneys’ Offices have engaged in outreach to law enforcement and other agencies and organizations serving communities to identify the most significant drivers of violence in their districts. Working together with a broad coalition of stakeholders, the U.S. Attorneys’ Offices are addressing the most pressing violent crime issues in their district to make our neighborhoods safer for all.
PSN programs are led by U.S. Attorneys’ Offices in collaboration with local public safety agencies, community stakeholders and other agencies and organizations that work to reduce violent crime.
For a list of all grantees, please visit: https://www.ojp.gov/sites/g/files/xyckuh241/files/media/document/FY21-Project-Safe-Neighborhoods-Awards.pdf.
The Office of Justice Programs provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, advance racial equity in the administration of justice, assist victims and enhance the rule of law. More information about OJP and its components can be found at www.ojp.gov.
Federal Jury Finds Sequoyah County Resident Guilty of Five Counts of Sexual Abuse of A Minor in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Michael Allen Farris, age 48, of Bunch, Oklahoma, was found guilty by a federal jury of five counts of Sexual Abuse of a Minor in Indian Country, in violation of Title 18, United States Code, Sections 1151, 1153, 2243(a), and 2246(2)(A).
The jury trial began with testimony on Monday, November 29, 2021, and concluded on Wednesday, December 1, 2021, with the guilty verdicts. Based on the jury’s verdicts, the defendant is facing up to 15 years of imprisonment for each count.
During the trial, the United States presented evidence that between June 2019 and August 2019, the defendant sexually assaulted the 13-year-old victim.
The guilty verdicts were the result of an investigation by the Sequoyah County Sheriff’s Office, the Oklahoma State Bureau of Investigation, and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant in this case is a member of a federally recognized Indian tribe and the crimes occurred in Sequoyah County, within the boundaries of the Cherokee Nation Reservation, and within the Eastern District of Oklahoma.
The Honorable Timothy D. DeGiusti, U.S. District Judge in the United States District Court for the Western District of Oklahoma in Oklahoma City, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Farris was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorney Anthony Marek and Assistant United States Attorney Morgan Muzljakovich represented the United States.
Marble City Resident Found Guilty of Two Counts of Murder in Indian Country and One Count of Arson in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Joseph Allen Hernandez, age 34, of Marble City, Oklahoma was found guilty by a federal jury of two counts of Murder in Indian Country, in violation of Title 18, United States Code, Sections 1111(a), 1151 and 1153; and one count of Arson in Indian Country, in violation of Title 18, United States Code, Sections 81, 1151 and 1153.
The jury trial began with testimony on Tuesday, November 16, 2021, and concluded on Friday, November 19, 2021, with a verdict of guilty on all three criminal counts. Based on the jury’s verdicts, the defendant is facing up to life in prison.
During the trial, the United States presented evidence that on June 5, 2019, the defendant murdered his mother, Audrey Hernandez, and his grandmother, Francis Wright by covering both victims with accelerant and setting them on fire. The incident occurred in a trailer house in Marble City, Oklahoma. Witnesses testified both victims told emergency responders that the defendant poured gasoline on them and set them on fire.
The guilty verdicts were the result of an investigation by the Sequoyah County Sheriff’s Office and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant in this case is a member of a federally-recognized Indian tribe and the crimes occurred in Sequoyah County, within the boundaries of the Cherokee Nation Reservation, and within the Eastern District of Oklahoma.
The Honorable Charles B. Goodwin, U.S. District Judge in the United States District Court for the Western District of Oklahoma in Oklahoma City, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Hernandez was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorney Michael Warren and Assistant United States Attorney Jarrod Leaman represented the United States.
Haskell Resident Found Guilty of Multiple Armed Home Invasion Robberies and Fire Station BurglariesRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Aaron Isaiah Johnson, age 33, of Haskell, Oklahoma was found guilty by a federal jury of two counts of Robbery in Indian Country, in violation of Title 18 United States Code, Sections 2111, 1151, 1153 and 2; two counts of Use, Carry and Brandish of Firearm during and in Relation to a Crime of Violence, in violation of Title 18, United States Code, Sections 924(c)(1)(A)(i) and (ii) and 2; two counts of Burglary in the Second Degree in Indian Country, in violation of Title 18, United States Code, Sections 1151, 1153 and Title 21, Oklahoma Statutes, Section 1435(A); Kidnapping in Indian Country, in violation of Title 18, United States Code, Sections 1201(a)(2), 1151, 1153, and 2; Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, in violation of Title 18, United States Code, Sections 113(a)(3), 1151, 1153 and 2; and Conspiracy to Commit Robbery in Indian Country, in violation of Title 18, United States Code, Section 371.
The jury trial began with opening statements on Monday, November 8, 2021, and concluded on Friday, November 12, 2021, with the jury returning guilty verdicts on all nine criminal counts. Based on the jury’s verdicts, the defendant is facing up to life imprisonment.
During the trial the United States presented evidence the defendant committed a series of criminal offenses including: (1) on January 11, 2018, the defendant and two co-conspirators forcibly entered an occupied residence in Porter, Oklahoma, where they tied up, blindfolded, and robbed a 13-year old boy at gun point; (2) on December 18, 2018, the defendant and a co-conspirator forcibly entered an occupied residence in Haskell, Oklahoma, where they assaulted an 82-year old man with a rifle, and robbed him at gun point; (3) on February 27, 2019, the defendant burglarized the Red Bird Fire Station in Red Bird, Oklahoma, and stole two fire department emergency vehicles; and (4) on March 14, 2019, the defendant burglarized the Liberty Fire Station in Mounds, Oklahoma, and stole a fire department emergency vehicle.
The trial evidence established that Johnson was arrested and charged in the District Court of Muskogee County with the January 11, 2018 home invasion. The defendant was released on pretrial bond and required to wear a GPS equipped ankle bracelet. The United States utilized the data recorded from the Johnson’s ankle bracelet to prove the defendant was present at, and committed, the subsequent home invasion robbery and burglaries.
The guilty verdicts were the result of an investigation by the Wagoner County Sheriff’s Office and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant in this case is a member of a federally-recognized Indian tribe and the crimes occurred in Wagoner County, within the boundaries of the Muscogee (Creek) and Cherokee Nation Reservations, and within the Eastern District of Oklahoma.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Johnson was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorney Charles Bucca and Special Assistant United States Attorney L.C. Wright represented the United States.
$614,823 Awarded to Law Enforcement Agencies in the Eastern District of OklahomaRead the Press Release
WASHINGTON – The Department of Justice today announced more than $139 million in grant funding through the department’s Office of Community Oriented Policing Services (COPS Office) COPS Hiring Program (CHP). The awards provide direct funding to 183 law enforcement agencies across the nation, allowing those agencies to hire 1,066 additional full-time law enforcement professionals. In the Eastern District of Oklahoma, the cities of Haileyville, Seminole, Stringtown, and Tishomingo, along with Hughes County, were awarded funding totaling $614,823.00.
“We are committed to providing police departments with the resources needed to help ensure community safety and build community trust,” said Attorney General Merrick B. Garland. “The grants we are announcing today will enable law enforcement agencies across the country to hire more than 1,000 additional officers to support vitally important community oriented policing programs.”
“Protection and service of the public is the goal of law enforcement,” said Acting United States Attorney Christopher J. Wilson. “This funding will aid these police and sheriff departments in the Eastern District in achieve that goal.”
The following entities in the Eastern District of Oklahoma received the following award amounts:
- The City of Haileyville – $75,106
- Hughes County – $97,535
- The City of Seminole – $243,265
- The City of Stringtown – $88,206
- The City of Tishomingo – $110,711
CHP is a competitive award program intended to reduce crime and advance public safety through community policing. CHP provides funds directly to law enforcement agencies to hire new or rehire additional career law enforcement officers, thereby increasing their community policing capacity and crime prevention efforts. Of the 183 agencies awarded grants today, approximately half will use the funding to focus on building legitimacy and trust between law enforcement and communities; 41 agencies will seek to address high rates of gun violence; 21 will focus on other areas of violence; and 19 will focus CHP resources on combating hate and domestic extremism or supporting police-based responses to persons in crisis. The complete list of awards can be found here.
Since its creation in 1994, COPS has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and Tribal law enforcement agencies to fund the hiring and redeployment of more than 135,000 officers. CHP, COPS’ flagship program, continues to be in demand today: In FY21, COPS received 590 applications requesting nearly 3,000 law enforcement positions. For FY22, President Biden has requested $537 million for CHP, an increase of $300 million.
To learn more about CHP, please visit https://cops.usdoj.gov/chp-award. For additional information about the COPS Office, please visit https://cops.usdoj.gov/.
The COPS Office is the federal component of the Department of Justice responsible for advancing community policing nationwide. The only Department of Justice agency with policing in its name, the COPS Office was established in 1994 and has been the cornerstone of the nation’s crime fighting strategy with grants, a variety of knowledge resource products, and training and technical assistance. Through the years, the COPS Office has become the go-to organization for law enforcement agencies across the country and continues to listen to the field and provide the resources that are needed to reduce crime and build trust between law enforcement and the communities served.
Federal Jury Finds Muskogee Resident Guilty of Aggravated Sexual Abuse in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Joseph Stanley Harjo, age 40, of Muskogee, Oklahoma was found guilty by a federal jury of Aggravated Sexual Abuse in Indian Country, in violation of Title 18, United States Code, Sections 1151, 1153, 2241(c) and 2246(2)(D).
The jury trial began with testimony on Monday, November 15, 2021, and concluded on Tuesday, November 16, 2021, with the guilty verdict. Based on the jury’s verdict, the defendant is facing a mandatory minimum sentence of 30 years up to life imprisonment.
During the trial, the United States presented evidence that in June 2016, Harjo sexually abused a six-year-old child. Five additional witnesses testified that Harjo sexually assaulted them when they were between four and twelve years of age.
The guilty verdict was the result of an investigation by the Muskogee Police Department and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant and child victim in this case are members of a federally recognized Indian tribe and the crimes occurred in Muskogee County, within the boundaries of the Muscogee (Creek) Nation Reservation, and within the Eastern District of Oklahoma.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Harjo was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorney Morgan Muzljakovich and Assistant United States Attorney Anthony Marek represented the United States.
Okmulgee County Resident Found Guilty of Firearm and Drug Charges in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Dustin Kyle Marris, age 33, of Okemah, Oklahoma, was found guilty by a federal jury of Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, in violation of Title 18, United States Code, Sections 113(a)(3), 1151, and 1153; Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence, in violation of Title 18, United States Code, Sections 924(c)(1)(A)(i), (ii), and (iii); Possession with Intent to Distribute Methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C); and Felon in Possession of a Firearm, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). The defendant was acquitted on one count of Assault with Intent to Kill in Indian Country.
The jury trial began with testimony on Tuesday, November 2, 2021, and concluded on Wednesday, November 3, 2021, with the guilty verdicts. Based on the jury’s verdicts, the defendant is facing over ten years of imprisonment.
The United States presented evidence that on or about November 9, 2020, the victim, a deputy with the Okmulgee County Sheriff’s Office, attempted to conduct a traffic stop on the defendant for speeding. The defendant failed to comply, fled from the victim, and reached speeds over 100 miles per hour. Shortly after the pursuit began, the defendant leaned out the driver’s side door, pointed a handgun at the victim, and fired 3-4 shots. The defendant, a convicted felon, was prohibited from possessing a firearm. Within a few minutes, the defendant crashed his car into a ditch and fled on foot. Law enforcement pursued the defendant but was unable to locate him. The following day, officers located and arrested the defendant. During a search of the defendant, officers found four baggies of methamphetamine weighing 49.38 grams.
The guilty verdicts resulted from an investigation by the Okmulgee County Sheriff’s Office and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant in this case is a member of a federally-recognized Indian tribe and the crimes occurred in Okmulgee County, within the boundaries of the Muscogee (Creek) Nation Reservation, and within the Eastern District of Oklahoma.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Marris was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Special Assistant United States Attorney Nathaniel Walters and Department of Justice Criminal Division Organized Crime and Gang Section Trial Attorney Brian Lynch represented the United States.
Muldrow Resident Sentenced for the Production of Child PornographyRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Hunter Jacob James Hope, age 21, of Muldrow, Oklahoma, was sentenced to 290 months’ imprisonment and 25 years of supervised release for seven counts of production of child pornography, in violation of Title 18, United States Code, Section 2251, and one count of possession of child pornography, in violation of Title 18, United States Code, Section 2252.
According to court documents, Hope engaged in a pattern of conduct that involved threatening to share sensitive (typically undressed or partially undressed) images of minors unless the minors either engaged in sex acts with him or provided him with sexually explicit images of themselves over the internet.
The charges arose from an investigation by the Sallisaw Police Department and the Department of Homeland Security - Homeland Security Investigations “(HSI)”.
Acting United States Attorney Christopher J. Wilson said, “Justice was delivered to multiple minor victims who were forced to acquiesce to this Defendant’s perverse desire to threaten and sexually abuse them for his own twisted gratification. Without their bravery in choosing to come forward, this Defendant would have been free to continue his pattern of criminal conduct.”
“This deviant predator will no longer pose a threat to children, earning every minute of his 24-year sentence for his callous acts of sexual exploitation of vulnerable minors," said Christopher Miller, Acting Special Agent in Charge HSI Dallas." Through our collaboration with our law enforcement partners, we will never relent in bringing the full weight of justice against sexual predators for the lasting harm they inflict on children.”
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Special Assistant United States Attorney Gwendelynn Bills represented the United States. Hope was remanded to the custody of the United States Marshal to await commitment to a United States Bureau of Prisons facility to serve his non-paroleable sentence of incarceration.
Ada Resident Found Guilty of Sexual Abuse and Sexual Contact of Two Minors in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Montelito Sanchez Simpkins, age 36, of Ada, Oklahoma was found guilty by a federal jury of Sexual Abuse of a Minor in Indian Country, in violation of Title 18, United States Code, Sections 2243(a), 2246(2)(D), 1151 and 1152 and Abusive Sexual Contact in Indian Country, in violation of Title 18, United States Code, Sections 2244(a)(3), 2246(3), 1151 and 1152.
The jury trial began with testimony on Tuesday, October 19, 2021, and concluded on Wednesday, October 20, 2021, with the guilty verdicts returned by the jury after approximately 30 minutes of deliberation. Based on the jury’s verdicts, the defendant is facing over 10 years of imprisonment.
The United States presented evidence that on July 15, 2020, Simpkins sexually abused a 12-year-old child, and that on September 27, 2020, Simpkins sexually abused a 13-year-old.
The guilty verdicts were the result of an investigation by the Ada Police Department with assistance from the Federal Bureau of Investigation. The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the child victims in this case are members of federally-recognized Indian tribes and the crimes occurred in Pontotoc County, within the boundaries of the Chickasaw Nation Reservation, and within the Eastern District of Oklahoma. This case was also brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
The Honorable David Cleveland Joseph, United States District Judge out of the United States District Court for the Western District of Louisiana, temporarily assigned to the Eastern District of Oklahoma, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following the completion of the report. Simpkins was remanded to the custody of the United States Marshal pending the sentencing hearing.
Assistant United States Attorney Edith Singer and Special Assistant United States Attorney Jo E. Lawless represented the United States.
Individual Pleads Guilty to Murder in Indian CountryRead the Press Release
WASHINGTON – An enrolled member of the Seminole Nation of Oklahoma and member of the Indian Brotherhood (IBH), a prison-based gang active in Oklahoma, pleaded guilty today to charges related to two separate homicides that took place in 2015 and 2017 within Indian Country in Oklahoma.
According to court documents, in May 2015, Matthew Onesimo Armstrong, 32, of Seminole, Oklahoma, received orders from the IBH to question an individual about an unrelated homicide. On May 30, 2015, Armstrong went to victim Scotty Candler’s home with a firearm to question, scare, and assault Candler. He was purportedly accompanied by John Douglas Knight, who was also associated with IBH and carrying a firearm. Outside the residence, Armstrong discharged two gunshots when Candler’s dogs ran out, while Knight, allegedly, entered the residence and fired one shot, killing Candler.
As set forth in the plea agreement, in 2017 Armstrong was involved in smuggling methamphetamine and other contraband for IBH into various prisons and jails. On April 16, 2017, at Armstrong’s residence, Armstrong had a dispute with victim Nicole Owl, who was also staying at the home. Armstrong and Nicholas Earl Faulkner took Owl into a wooded area behind the residence where Armstrong tied her to a tree. He left Owl tied to the tree for several hours and then returned with a rifle. Armstrong asked Faulkner if he wanted to shoot Owl, and Faulkner said “no.” Armstrong then shot Owl twice, killing her.
In connection with Candler’s death, Armstrong pleaded guilty to assault with a dangerous weapon with the intent to do bodily harm in Indian Country and to use, carry, and discharge of a firearm during and in relation to a crime of violence. In connection with the killing of Owl, Armstrong pleaded guilty to murder in Indian Country, kidnapping, and possession with intent to distribute methamphetamine. At sentencing, he faces a maximum penalty of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
In connection with Candler’s murder, Knight was indicted on May 12, on charges of committing a murder in Indian country and carrying and discharging a firearm during a crime of violence. A jury trial is scheduled for Jan. 4, 2022. An indictment is merely an accusation, and a defendant is presumed innocent unless and until proven guilty.
In connection with Owl’s murder, Faulkner pleaded guilty on May 22, 2019, to kidnapping and being a felon in possession of a firearm. Faulkner’s sentencing date has not yet been scheduled.
Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division and Acting U.S. Attorney Christopher J. Wilson of the Eastern District of Oklahoma made the announcement.
The FBI and the Oklahoma State Bureau of Investigation are investigating the cases.
Trial Attorney Rami Badawy of the Criminal Division’s Human Rights and Special Prosecutions (HRSP) Section and Assistant U.S. Attorney George Gialketsis of Eastern District of Oklahoma are prosecuting the case involving the murder of Nicole Owl. HRSP Trial Attorney Brian Morgan is prosecuting the case involving the murder of Scotty Candler in coordination with the U.S. Attorney’s Office for the Eastern District of Oklahoma.
Individual Pleads Guilty to Murder in Indian CountryRead the Press Release
An enrolled member of the Seminole Nation of Oklahoma and member of the Indian Brotherhood (IBH), a prison-based gang active in Oklahoma, pleaded guilty today to charges related to two separate homicides that took place in 2015 and 2017 within Indian Country in Oklahoma.
According to court documents, in May 2015, Matthew Onesimo Armstrong, 32, of Seminole, Oklahoma, received orders from the IBH to question an individual about an unrelated homicide. On May 30, 2015, Armstrong went to victim Scotty Candler’s home with a firearm to question, scare and assault Candler. He was purportedly accompanied by John Douglas Knight, who was also associated with IBH and carrying a firearm. Outside the residence, Armstrong discharged two gunshots when Candler’s dogs ran out, while Knight, allegedly, entered the residence and fired one shot, killing Candler.
As set forth in the plea agreement, in 2017 Armstrong was involved in smuggling methamphetamine and other contraband for IBH into various prisons and jails. On April 16, 2017, at Armstrong’s residence, Armstrong had a dispute with victim Nicole Owl, who was also staying at the home. Armstrong and Nicholas Earl Faulkner took Owl into a wooded area behind the residence where Armstrong tied her to a tree. He left Owl tied to the tree for several hours and then returned with a rifle. Armstrong asked Faulkner if he wanted to shoot Owl, and Faulkner said “no.” Armstrong then shot Owl twice, killing her.
In connection with Candler’s death, Armstrong pleaded guilty to assault with a dangerous weapon with the intent to do bodily harm in Indian Country and to use, carry and discharge of a firearm during and in relation to a crime of violence. In connection with the killing of Owl, Armstrong pleaded guilty to murder in Indian Country, kidnapping, and possession with intent to distribute methamphetamine. At sentencing, he faces a maximum penalty of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
In connection with Candler’s murder, Knight was indicted on May 12, on charges of committing a murder in Indian Country and carrying and discharging a firearm during a crime of violence. A jury trial is scheduled for Jan. 4, 2022. An indictment is merely an accusation, and a defendant is presumed innocent unless and until proven guilty.
In connection with Owl’s murder, Faulkner pleaded guilty on May 22, 2019, to kidnapping and being a felon in possession of a firearm. Faulkner’s sentencing date has not yet been scheduled.
Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division and Acting U.S. Attorney Christopher J. Wilson of the Eastern District of Oklahoma made the announcement.
The FBI and the Oklahoma State Bureau of Investigation are investigating the cases.
Trial Attorney Rami Badawy of the Criminal Division’s Human Rights and Special Prosecutions (HRSP) Section and Assistant U.S. Attorney George Gialketsis of Eastern District of Oklahoma are prosecuting the case involving the murder of Nicole Owl. HRSP Trial Attorney Brian Morgan is prosecuting the case involving the murder of Scotty Candler in coordination with the U.S. Attorney’s Office for the Eastern District of Oklahoma.
United States Attorney's Office for Eastern District of Oklahoma Obtains Forty-Six Indictments from Federal Grand JuriesRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced federal grand juries sitting in Muskogee recently completed two separate August and two separate September sessions and returned forty-six felony indictments, including four superseding indictments.
From the four grand jury sessions in August and September, twenty-eight indictments were publicly filed and eighteen remain sealed pending arrest of the charged defendants. Twenty-three of the unsealed charges involve crimes arising out of Indian Country. Six of the unsealed indictments are for murder or involuntary manslaughter, four are for sex crimes, and the balance contain allegations of assault with intent to commit murder, assault resulting in serious bodily injury, domestic violence, firearms violations, burglary, and robbery (including attempted robbery). The five unsealed non-Indian Country indictments involve possession with intent to distribute methamphetamine, firearms violations, and traveling with the intent to engage in illicit sexual conduct.
The following indictments were returned by the federal grand juries and filed in the United States District Court for the Eastern District of Oklahoma. The information listed in brackets is the county and reservation where the crime(s) allegedly occurred.
Murder Cases:
United States v. Jeriah Scott Budder (superseding indictment) – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i), (ii) & (iii); Count 3: Causing the Death of a Person in the Course of a Violation of Title 18, United States Code, Section 924(c) – 18 U.S.C. § 924(j); Forfeiture Allegation - 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c) [Cherokee County – Cherokee Nation Reservation]
United States v. Jeremy Matthew Girty – Count 1: Murder in Indian Country, Second Degree – 18 U.S.C. §§ 1111(a), 1151 & 1153 [Carter County – Chickasaw Nation Reservation]
United States v. Jimmy Louis Northcutt, Jr. (second superseding indictment) – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Murder in Perpetration of Burglary in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 3: Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i),(ii) & (iii); Count 4: Causing the Death of a Person in the Course of a Violation of Title 18 U.S.C. § 924(c) – 18 U.S.C. § 924(j)(1); Count 5: Burglary in the Second Degree in Indian Country – 18 U.S.C. §§ 1151, 1153 & 21 O.S.A. § 1435(A); Count 6: Felon in Possession of a Firearm – 18 U.S.C. §§ 922(g)(1) & 924(a)(2); Count 7: Possession of Stolen Firearm – 18 U.S.C. §§ 922(j) & 924(a)(2); Forfeiture Allegation – 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c) [Pontotoc County – Chickasaw Nation Reservation]
United States v. James Eric Parker (superseding indictment) – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Murder in Perpetration of Kidnapping in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 3: Murder in Perpetration of Kidnapping in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 4: Kidnapping Resulting in Death in Indian Country – 18 U.S.C. §§ 1201(a)(2), 1151 & 1153; Count 5: Causing the Death of a Person in the Course of a Violation of Title 18 U.S.C. § 924(c) – 18 U.S.C. § 924(j)(1); Forfeiture Allegation – 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c) [Carter County – Chickasaw Nation Reservation]
United States v. Troy Allen Stevenson – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i),(ii) & (iii); Count 3: Causing the Death of a Person in the Course of a Violation of Title 18, United States Code, Section 924(c) – 18 U.S.C. § 924(j)(1); Forfeiture Allegation – 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c) [Sequoyah County – Cherokee Nation Reservation]
Sexual Assault:
United States v. Dustin Kane Adams – Count 1: Aggravated Sexual Abuse of Child Under 12 in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(c), 1151 & 1152; Count 2: Abusive Sexual Contact in Indian Country – 18 U.S.C. §§ 2244(a)(5), 2246(3), 1151 & 1152 [Johnston County – Chickasaw Nation Reservation]
United States v. Clay Lee Scrivener – Count 1: Lewd and Indecent Touching of a Child Under 16 in Indian Country – 18 U.S.C. §§ 1151, 1152, 13 & 21 O.S.A. § 1123(A)(2) [Carter County – Chickasaw Nation Reservation]
United States v. Montelito Sanchez Simpkins (superseding indictment) – Count 1: Sexual Abuse of a Minor in Indian Country – 18 U.S.C. §§ 2243(a), 2246(2)(D), 1151 & 1152; Count 2: Abusive Sexual Contact in Indian Country – 18 U.S.C. §§ 2244(a)(3), 2246(3), 1151 & 1152 [Pontotoc County – Chickasaw Nation Reservation]
United States v. Jeffrey Brent Thomas – Count 1: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(D), 1151 & 1153; Count 2: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(D), 1151 & 1153; Count 3: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(D), 1151 & 1153; Count 4: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(D), 1151 & 1153; Count 5: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(D), 1151 & 1153; Count 6: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(D), 1151 & 1153 [Pittsburg County – Choctaw Nation Reservation]
Other Violent Crimes:
United States v. Michael Paul Blagg – Count 1: First Degree Burglary in Indian Country – 18 U.S.C. §§ 1151, 1153 & 21 O.S.A. § 1431; Count 2: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1153; Forfeiture Allegation – 18 U.S.C. § 924(d) & 28 U.S.C. § 2461(c) [Bryan County – Chickasaw Nation Reservation]
United States v. Cameron Dale Bowden – Count 1: Burglary in the Second Degree in Indian Country – 18 U.S.C. §§ 1151, 1153 & 21 O.S.A. § 1435(A); Count 2: Burglary in the Third Degree in Indian Country – 18 U.S.C. §§ 1151, 1153 & 21 O.S.A. § 1435(B) [Haskell County – Choctaw Nation Reservation]
United States v. Justin Blake Castillo – Count 1: Assault with a Dangerous Weapon with Intent to Do Bodily Harm in Indian Country - 18 U.S.C. §§ 113(a)(3), 1151 & 1152 [Sequoyah County – Cherokee Nation Reservation]
United States v. Terrell Eugene Delozier – Count 1: Domestic Violence in Indian Country – 18 U.S.C. §§ 2261(a)(1), 2261(b)(3), 1151 & 1152; Count 2: Assault With a Dangerous Weapon With Intent to Do Bodily Harm in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1152; Count 3: Burglary in the First Degree in Indian Country – 18 U.S.C. §§ 1151, 1152 & 21 O.S.A. § 1431; Count 4: Use, Carry and Brandish of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i) & (ii); Count 5: Child Neglect in Indian Country – 18 U.S.C. §§ 1151, 1152 & 21 O.S.A. § 843.5(C) [Pontotoc County – Chickasaw Nation Reservation]
United States v. Kody Fields, FVS-CHVTV Amos Lawhead, and Jimmy Dale Brown – Count 1: Robbery in Indian Country – 18 U.S.C. §§ 2111, 2, 1151 & 1153; Count 2: Use, Carry, and Brandish of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A) & 2 [Cherokee County – Cherokee Nation Reservation]
United States v. Raymond David Goldman – Count 1: Assault With a Dangerous Weapon With Intent to Do Bodily Harm in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1153; Count 2: Use, Carry, Brandish and Discharge of a Firearm During and In Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i),(ii) & (iii); Count 3: Felon in Possession of Ammunition – 18 U.S.C. §§ 922(g)(1) & 924(a)(2); Forfeiture Allegation – 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c) ) [Cherokee County – Cherokee Nation Reservation]
United States v. Ronald Edward Good – Count 1: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1152 [Carter County – Chickasaw Nation Reservation]
United States v. Andy Matthew Hyden a/k/a Andrew Mathew Hyden – Count 1: Robbery in Indian Country – 18 U.S.C. §§ 2111, 1151 & 1153; Count 2: Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151 & 1153; Count 3: Felon in Possession of Firearm and Ammunition – 18 U.S.C. §§ 922(g)(1) & 924(a)(2) [Pittsburg County – Choctaw Nation Reservation]
United States v. Gregory Alan Mouse, a/k/a Gregory Alan Fields, a/k/a Gregory Alan Fields-Mouse – Count 1: Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151 & 1153 [Cherokee County – Cherokee Nation Reservation]
United States v. Gregory Alan Mouse, a/k/a Gregory Alan Fields, a/k/a Gregory Alan Fields-Mouse – Count 1: Robbery in Indian Country – 18 U.S.C. §§ 2111, 1151 & 1153 [Cherokee County – Cherokee Nation Reservation]
United States v. Dustin James Patterson – Count 1: First Degree Burglary in Indian Country – 18 U.S.C. §§ 1151, 1153 & 21 O.S.A. § 1431; Count 2: Assault with a Dangerous Weapon in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1153; Count 3: Attempted Robbery in Indian Country – 18 U.S.C. §§ 2111, 1151 & 1153 [Adair County – Cherokee Nation Reservation]
United States v. Dustin James Patterson – Count 1: First Degree Burglary in Indian Country – 18 U.S.C. §§ 1151, 1153 & 21 O.S.A. § 1431; Count 2: Assault with a Dangerous Weapon in Indian Country – 18 U.S.C. § 113(a)(3), 1151 & 1153; Count 3: Attempted Robbery in Indian Country – 18 U.S.C. §§ 2111, 1151 & 1153 [Adair County – Cherokee Nation Reservation]
United States v. Hunter Caleb Spence – Count 1: Involuntary Manslaughter in Indian Country, 18 U.S.C. §§ 1112, 1151 & 1153 [LeFlore County – Choctaw Nation Reservation]
United States v. Amada Edith Winship – Count 1: Assault with Intent to Commit Murder in Indian Country – 18 U.S.C. §§ 113(a)(1), 1151 & 1153; Count 2: Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151 & 1153; Count 3: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1153; Count 4: Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i),(ii) & (iii); Forfeiture Allegation – 18 U.S.C. § 924(d) and 28 U.S.C. § 2461(c) [Pittsburg County – Choctaw Nation Reservation]
Non-Indian Crimes:
United States v. Eugene Lee Dozier, Sr. – Count 1: Engaging in the Business of Dealing, Importing, and Manufacturing Firearms without a License – 18 U.S.C. §§ 922(a)(1)(A) & 924(a)(2); Count 2: Transferring a Firearm to an Out of State Residence – 18 U.S.C. §§ 922(a)(5) & 924(a)(1)(D) [Pittsburg County]
United States v. Nicolas Isaiah Franco, a/k/a Nicholas Isaiah Franco – Count 1: Possession with Intent to Distribute Methamphetamine – 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(B) [Adair County]
United States v. Jeremy Matthew Girty – Count 1: Possession with Intent to Distribute Methamphetamine – 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(C); Count 2: Possession of a Firearm in Furtherance of a Drug Trafficking Crime – 18 U.S.C. § 924(c)(1)(A); Count 3: Felon in Possession of a Firearm – 18 U.S.C. §§ 922(g)(1) & 924(a)(2); Forfeiture Allegation – 18 U.S.C. § 924(d), 21 U.S.C. § 853 & 28 U.S.C. § 2461(c) [Carter County]
United States v. Bryan Todd Richardson, II – Count 1: Travel with Intent to Engage in Illicit Sexual Conduct – 18 U.S.C. § 2423(b); Count 2: Transportation of a Minor with Intent to Engage in Criminal Sexual Activity – 18 U.S.C. § 2423(a); Count 3: Travel With Intent to Engage in Illicit Sexual Conduct - 18 U.S.C. §§ 2423(b) [Wagoner County]
United States v. Bendrick Anthony Whitfield – Count 1: Possession With Intent to Distribute Methamphetamine – 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(A); Count 2: Distribution of Methamphetamine – 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(B); Count 3: Distribution of Methamphetamine – 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(B); Count 4: Possession of a Firearm in Furtherance of a Drug Trafficking Crime – 18 U.S.C. § 924(c)(1)(A); Count 5: Felon in Possession of a Firearm and Ammunition – 18 U.S.C. §§ 922(g)(1) & 924(a)(2); Forfeiture Allegation – 18 U.S.C. § 924(d), 21 U.S.C. § 853 & 28 U.S.C. § 2461(c) [McCurtain County]
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Individual Pleads Guilty to Murder in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Neil Shai-Cameron Lewis, age 26, entered a guilty plea to one count of Murder (Second Degree) in Indian Country.
The Indictment alleged that the crime occurred on or about March 21, 2020, at a Muscogee (Creek) Nation Low Rent Housing Edition located in Okmulgee County, Oklahoma. The defendant was homeless and staying with someone in the complex, and during the course of hours, a group of men drank and socialized in an apartment in the complex. They drank to excess and became intoxicated, and the defendant started to become argumentative and aggressive toward the other drinkers. The defendant then struck one of the men outside of the apartment, and the man was injured enough that EMS and the police were summoned. After attending to the injured man, the police knocked on the door to the apartment where the defendant and the other men had been drinking. Eventually, the defendant answered the door with blood all over his person, and the police discovered the victim, Deslin Gouge, who had been beaten severely and was lying on the floor. It appeared that the television set and a coat rack were used as weapons to inflict blunt force trauma on the victim. The victim subsequently died, and while in the county jail the defendant admitted to another inmate that he was a killer.
The charges arose from an investigation by the Muscogee Creek Nation Lighthorse Police and the Federal Bureau of Investigation.
The Honorable Kimberley West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant U.S. Attorney George Gialketsis represented the United States.
Individual Pleads Guilty to Coercion and Enticement of A MinorRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Santiago “Jimmy” Perez III, age 40, entered a guilty plea to one count of Coercion and Enticement of a Minor, in violation of 18 United States Code Section 2422(b), punishable by a term of imprisonment of at least 10 years, a fine of up to $250,000.00, or both, a term of supervised release of at least 5 years, and a special assessment fee in the amount of $100.00.
The Indictment charged the defendant with crimes stemming from an incident occurring on or about May 3, 2019, in which the defendant visited the school of the victim, who was eleven years old at that time. The defendant removed the victim from school without the parents’ knowledge or consent, and the defendant took the victim to his residence in Westville, Oklahoma, which is in Adair County. Once in the home, the defendant attempted to sexually abuse the victim.
The charges arose from an investigation by the Adair County Sheriff’s Office, the Oklahoma State Bureau of Investigation, and the Federal Bureau of Investigation.
The Honorable Jodi Dishman, U.S. District Judge in the United States District Court for the Western District of Oklahoma, accepted the plea and ordered the completion of a presentence investigation report.
Assistant U.S. Attorney Anthony Marek represented the United States.
Individual Pleads Guilty to Child Neglect and Sexual Abuse in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Henry Charles Littlebear Redhat, age 29, entered a guilty plea to one count of child neglect, in violation of 18 United States Code Sections 1151, 1153, 2, and 21 Oklahoma Statute Section 843.5(C), punishable by a term of imprisonment of up to life imprisonment, and/or a fine of up to $250,000.00, a term of supervised release determined by the court, and a special assessment fee in the amount of $100.00, and one count of sexual abuse in Indian Country, in violation of 18 United States Code Sections 2242(2), 2246(2)(A), 2, 1151, and 1153, punishable by a term of imprisonment of up to life imprisonment, and/or a fine of up to $250,000.00, a term of supervised release determined by the court, and a special assessment fee in the amount of $100.00.
The Indictment alleged that the crimes occurred on or about February 26, 2020, at a residence in Ardmore, Oklahoma. Defendant Redhat engaged in sexual acts with a female victim who was unconscious and physically incapable of declining participation in such sex acts. A three-old child was awake and present during these events and Redhat willfully and maliciously failed to protect the child from exposure to the illicit sexual activity and the possession of marijuana.
The charges arose from an investigation by the Ardmore Police and the Federal Bureau of Investigation.
The Honorable Kimberley West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant U.S. Attorney Edith Singer represented the United States.
Individual Pleads Guilty to Child NeglectRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Brooke Lynn Davidson, age 29, entered a guilty plea to one count of child neglect, in violation of 18 United States Code Sections 1151, 1153, 2, and 21 Oklahoma Statute Section 843.5(C), punishable by a term of imprisonment of up to life imprisonment, and/or a fine of up to $250,000.00, a term of supervised release determined by the court, and a special assessment fee in the amount of $100.00.
The Indictment alleged that the crime occurred on or about February 26, 2020, at a residence in Ardmore, Oklahoma. Defendant willfully and maliciously failed to protect a child from exposure to illicit sexual activity and the possession of marijuana.
The charges arose from an investigation by the Ardmore Police Department and the Federal Bureau of Investigation.
The Honorable Kimberley West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant U.S. Attorney Edith Singer represented the United States.
Individual Pleads Guilty to Sexual Abuse of A Minor in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Jeffrey Denton Sumka, 27, entered a guilty plea to one count of Sexual Abuse of a Minor in Indian Country, in violation of 18 United States Code Sections 2243(a)(1), 2246(2)(A), 1151, and 1153, punishable by a term of imprisonment of up to 15 years, a fine of $250,000.00, a term of supervised release of not more than 5 years, and a special assessment in the amount of $100.00.
The Indictment alleged that from May 2017 until August 2020, Sumka knowingly engaged in sexual acts with a person who had attained 12 years of age but not yet attained 16 years of age, and who was at least four years younger than Sumka.
The charges arose from an investigation by the Muscogee Creek Nation Lighthorse Police Department and the Federal Bureau of Investigation.
The Honorable Kimberley West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant U.S. Attorney Morgan Muzljakovich represented the United States.
Individual Pleads Guilty to Possession with Intent to Distribute MethamphetamineRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Jose Ramon Gutierrez, 33, entered a guilty plea to one count of Possession with Intent to Distribute Methamphetamine, in violation of 21 United States Code Sections 841(a)(1), 841(b)(1)(A) and 2, punishable by a term of imprisonment of not less than 10 years to life, a fine of $10,000,000.00, or both, a mandatory term of supervised release of at least 5 years, and a special assessment in the amount of $100.00.
The Indictment alleged that on or about March 12, 2021, an Oklahoma Highway Patrol Trooper observed a white Mazda CX-9 speeding eastbound on I-40 near Sallisaw, Oklahoma. The trooper stopped the Mazda (which had a driver and passenger in it) for the traffic violation, and the trooper smelled marijuana when speaking with the driver of the car, which was a rental car. Due to the smell of marijuana, a search of the vehicle was conducted, and the search led to the recovery of two THC vape pens, four cell phones, and a gray Oakley backpack from the rear cargo area. Inside the backpack, twenty vacuum-sealed clear packages containing a crystalline substance were found. A presumptive field test indicated that the substance contained methamphetamine weighing approximately 10.5 gross kilograms (including packaging). During a subsequent interview, the defendant admitted that he rented the car and had travelled to Alabama with the driver on a previous occasion.
The charges arose from an investigation by the Oklahoma Highway Patrol and the Drug Enforcement Administration.
The Honorable Kimberley West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant U.S. Attorney Ryan Conway represented the United States.
Individual Pleads Guilty to Possession with Intent to Distribute MethamphetamineRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Jeffrey Eduardo Angel, 32, entered a guilty plea to one count of Possession with Intent to Distribute Methamphetamine, in violation of 21 United States Code Sections 841(a)(1), 841(b)(1)(A) and 2, punishable by a term of imprisonment of not less than 10 years to life, a fine of $10,000,000.00, or both, a mandatory term of supervised release of at least 5 years, and a special assessment in the amount of $100.00.
The Indictment alleged that on or about March 12, 2021, an Oklahoma Highway Patrol Trooper observed a white Mazda CX-9 speeding eastbound on I-40 near Sallisaw, Oklahoma. The trooper stopped the Mazda (which had a driver and passenger in it) for the traffic violation, and the trooper smelled marijuana when speaking with the defendant, who was driving the rental car. Due to the smell of marijuana, a search of the vehicle was conducted, and the search led to the recovery of two THC vape pens, four cell phones, and a gray Oakley backpack from the rear cargo area. Inside the backpack, twenty vacuum-sealed clear packages containing a crystalline substance were found. A presumptive field test indicated that the substance contained methamphetamine weighing approximately 10.5 gross kilograms (including packaging). During a subsequent interview, the defendant confirmed his knowledge of the methamphetamine as well as his intent to transport it to Birmingham, Alabama.
The charges arose from an investigation by the Oklahoma Highway Patrol and the Drug Enforcement Administration.
The Honorable Kimberley West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant U.S. Attorney Ryan Conway represented the United States.
Individual Pleads Guilty to Possessing Contraband in A PrisonRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that David Hurl Lemmon, 48, entered a guilty plea to Possessing Contraband in a Prison, in violation of 18 United States Code Sections 1791 (d)(1)(F), punishable by imprisonment for a period of one year and/or a fine of up to $100,000.00, a term of supervised release of up to one year, and a special assessment in the amount of $25.00.
The Indictment alleged that on or about April 12, 2021, an FBI Task Force Officer (TFO) received a report of a disturbance in the X-Pod at the Okmulgee County Jail. The X-Pod houses Federal inmates in accordance with a contract between the United States Marshals Service and the Okmulgee County Criminal Justice Authority. Upon arrival, the TFO was informed the disturbance had been ongoing and had escalated into a riot situation. When additional law enforcement arrived, a team was formed to enter the pod and restore order. As the officers entered the pod, a group of inmates begin throwing pieces of concrete at the officers. The riot lasted approximately two and one-half hours before order was restored, and some of the inmates (including Lemmon) used cellular phones during the riot. A total of nine inmates (including Lemmon) were charged with federal offenses.
The charges arose from an investigation by the United States Department of Homeland Security Investigations, the United States Marshals Service, the Federal Bureau of Investigation, the Okmulgee County Sheriff’s Office, the Okmulgee Police Department, the Okmulgee County Jail, and the Henryetta Police Department.
The Honorable Steven Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Individual Pleads Guilty to Felony Murder in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Melvin James Battiest, 60, entered a guilty plea to one count of Felony Murder in Indian Country, in violation of 18 United States Code Sections 1111, 1151 and 1153, punishable by a term of imprisonment of not more than life, a fine of $250,000.00, and a term of supervised release of not less than 5 years.
The Indictment alleged that on or about April 23, 1984, deputies of the Wagoner County Sheriff’s Office responded to a call about a body that was found in the Wahoo Bay in the Fort Gibson Lake area. An autopsy revealed that the person found (Donald Cantrell) died of blunt force trauma to the head and chest. During a subsequent investigation, the defendant admitted that he and another man robbed and murdered Mr. Cantrell at Wahoo Bay and stole his truck and burned it. The defendant took detectives to the crime scene and showed them where everything took place.
The charges arose from an investigation by the Wagoner County Sheriff’s Office, the Muskogee Police Department, and the Federal Bureau of Investigation.
The Honorable Timothy D. Degiusti, U.S. District Judge in the United States District Court for the Western District of Oklahoma, accepted the plea and ordered the completion of a presentence investigation report.
Assistant U.S. Attorney Ryan Conway represented the United States.
Individual Pleads Guilty to Assault with A Dangerous Weapon in Indian Country and Discharge of Firearm in Relation to A Crime of ViolenceRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Shylow Shane Young, 37, entered a guilty plea to one count of Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, in violation of 18 United States Code Sections 113(a)(3), 1151 and 1153, punishable by a term of imprisonment of up to 10 years, a fine of $250,000.00, a term of supervised release of not more than 3 years, and a special assessment in the amount of $100.00, and to one count of Use, Carry, Brandish, and Discharge of a Firearm During and in Relation to a Crime of Violence, in violation of 18 United States Code Section 924(c)(1)(A)(i)(ii)(iii), punishable by a term imprisonment of not less than 10 years in addition to the punishment provided for such crime of violence, a fine of $250,000.00, a term of supervised release of not more than 3 years, and a special assessment in the amount of $100.00.
The Indictment alleged that on or about September 5, 2020, officers of the Sallisaw Police Department responded to a trespass call at a horse barn in Sallisaw, Oklahoma, where they discovered the defendant and repeatedly instructed him to leave. The defendant refused to do so, and the police informed him that he was under arrest. During the arrest the defendant began physically resisting arrest and engaged in an extended physical confrontation, during which, the defendant grabbed one of the officer’s firearms and discharged a round which travelled through the officer’s holster and caused bodily injury to an assisting officer after ricocheting off the ground.
The charges arose from an investigation by the Sallisaw Police Department and the Federal Bureau of Investigation.
The Honorable Kimberley West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant U.S. Attorney Charles Bucca represented the United States.
Individual Pleads Guilty to Arson of A Dwelling in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Dillion McClain, 32, entered a guilty plea to Arson of a Dwelling in Indian Country in violation of 18 United States Code Sections 81, 1151 and 1153, punishable by imprisonment for any term of years or for life and/or a fine of $250,000.00, a term of supervised release not more than 5 years, and a special assessment in the amount of $100.00.
The Indictment alleged that on or about January 27, 2021, the Pontotoc County Sheriff’s Office was dispatched to a private residence in Ada, Oklahoma for a house fire, and four separate smoldering fires were extinguished and there was a haze of smoke inside the home. The defendant is the son of the owner/renter of the home, and the defendant posted a video with audio on Facebook of him burning property inside the home. A review of the audio of the Facebook posting revealed that the defendant states on the audio that the “whole house is fixing to go up into flames in about 30 minutes.”
The charges arose from an investigation by the Pontotoc County Sheriff’s Office and the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Honorable Kimberley West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant U.S. Attorney Kevin Gross represented the United States.
Individual Pleads Guilty to Possession with Intent to Distribute Methamphetamine and Possession of Firearm in Furtherance of Drug TraffickingRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Timothy Allen Stacy, II, 33, entered a guilty plea to one count of Possession with Intent to Distribute Methamphetamine, in violation of 21 United States Code Sections 841(a)(1) and 841(b)(1)(B), punishable by a term of imprisonment that may not be less than 5 years and not more than 40 years, a fine not to exceed the greater of that authorized in accordance with the provisions of Title 18 or $5,000,000.00, or both, a term of supervised release to be determined by the court, and a special assessment in the amount of $100.00, and one count of Possession of a Firearm in Furtherance of Drug Trafficking Crime, in violation of 18 United States Code Sections 924(c)(1)(A) and 924(c)(1)(B)(i), punishable by a term of imprisonment of not less than 10 years, a fine of up to $250,000.00, a term of supervised release to be determined by the court, and a special assessment in the amount of $100.00.
The Indictment charged defendant with crimes stemming from an incident on January 5, 2021 where officers were dispatched to a convenience store in Henryetta, Oklahoma regarding a male in a Jeep trying to run over a female. The defendant was found sitting in his Jeep in front of the store and told the officer that he was fighting with his girlfriend and trying to get her back in the vehicle. Upon the defendant’s exit from his Jeep, the police officer observed a loaded pistol magazine fall to the floorboard. A subsequent search of the vehicle revealed several firearms, to include a shotgun with a modified barrel of less than 18 inches, over 100 rounds of ammunition of various calibers, two notebooks/journals, scales, baggies and a bag that contained a white crystal-like substance. That crystal-like substance tested positive for methamphetamine and weighed 43.03 grams. At the plea, the defendant admitted that he intended to sell or distribute the methamphetamine and that he possessed the numerous weapons to provide protection for his drugs and money.
The charges arose from an investigation by the Henryetta Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Drug Enforcement Administration.
The Honorable Scott Palk, U.S. District Judge in the United States District Court for the Western District of Oklahoma, accepted the plea and ordered the completion of a presentence investigation report.
Assistant U.S. Attorney Edith Singer represented the United States.
Pittsburg County Resident Pleads Guilty to Assault Resulting in Serious Bodily Injury in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Jeffrey Dywane Holcomb, age 24, of Pittsburg County, Oklahoma pleaded guilty to Assault Resulting in Serious Bodily Injury in Indian Country, in violation of Title 18, United States Code, Sections 113(a)(6), 1151 and 1153, punishable by imprisonment for a period of not more than 10 years and/or a fine of up to $250,000, a term of supervised release of not more than 3 years, and a special assessment fee of $100.
The facts and circumstances occurred on the evening of July 12, 2020 in the City of McAlester, Oklahoma. The defendant and victim were in a verbal dispute when the defendant struck the victim several times causing him to lose consciousness, fall and hit his head on the pavement below. The victim’s injuries were so severe that he was airlifted to a hospital in Tulsa, Oklahoma for treatment.
The McAlester Police Department and Federal Bureau of Investigation investigated the case.
U.S. District Judge Charles B. Goodwin accepted the plea and ordered the completion of a presentence investigation report. Special Assistant U.S. Attorneys Robert Moody and Mike Shannon represented the United States.
Tulsa Resident Pleads Guilty to Robbery in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Hunter Ray Kelley, 20, entered a guilty plea to Robbery in Indian Country in violation of 18 United States Code Sections 1151, 1152, and 2111, punishable by imprisonment for a period of no more than 15 years and/or a fine of up to $250,000.00, a term of supervised release to be determined by the Court, and a special assessment fee in the amount of $100.00.
The Indictment alleged that on or about May 13, 2021, the defendant went inside a convenience store brandishing what appeared to be a tan AR-15-style rifle. The defendant pointed the rifle at the clerk and demanded money. When the defendant left the store, it was with cash, cartons of cigarettes, loose cigars and cigarillos, and lighters. The defendant then led police officers and deputy sheriffs on a high-speed chase before he stopped and surrendered.
The charges arose from an investigation by the Okmulgee Police Department, the Okmulgee Sheriff’s Office, and the Federal Bureau of Investigation.
The Honorable Jodi Warmbrod Dishman, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant U.S. Attorney Anthony C. Marek represented the United States.
Okmulgee County Inmate Pleads Guilty to Rioting in Federal Detention FacilityRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Jason Don Rowan, 38, entered a guilty plea on August 31, 2021, to Rioting in a Federal Detention Facility, 18 U.S.C. §§ 1792, 2, punishable by imprisonment for a period of up to 10 years and/or a fine of up to $250,000.00, supervised release of not more than 3 years, and a special assessment fee in the amount of $100.00.
The Indictment alleged that on or about April 12, 2021, an FBI Task Force Officer (TFO) received a report of a disturbance in the X-Pod at the Okmulgee County Jail. The X-Pod houses Federal inmates in accordance with a contract between the U.S. Marshals Service and the Okmulgee County Criminal Justice Authority. Upon arrival, the TFO was informed the disturbance had been ongoing and had escalated into a riot situation. When additional law enforcement arrived, a team was formed to enter the pod and restore order. As the officers entered the pod, a group of inmates begin throwing pieces of concrete at the officers, which included three federal law enforcement officers. The riot lasted approximately two and one-half hours before order was restored, and a total of nine inmates (including Rowan) were charged with federal offenses.
The charges arose from an investigation by the United States Department of Homeland Security Investigations, the United States Marshals Service, the Federal Bureau of Investigation, the Okmulgee County Sheriff’s Office, the Okmulgee Police Department, the Okmulgee County Jail, and the Henryetta Police Department.
The Honorable Steven Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Muskogee Resident Convicted of Killing Twin BrotherRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Kyle Joseph Vannortwick, age 36, of Muskogee, Oklahoma was found guilty by a federal jury of Murder –Second Degree in Indian Country, in violation of Title 18, United States Code, Sections 1111(a), 1151 and 1153. The jury trial began with testimony on Monday, August 16, 2021 and concluded on Tuesday, September 7, 2021 with the guilty verdict. The defendant faces up to life imprisonment for the crime the jury found he committed.
During the trial, the United States presented evidence that on February 18, 2018, the defendant assaulted his brother, Adam Vannortwick, in their home. During the assault, the defendant stabbed the victim three times with a BBQ Knife; once in the head, once in the neck and once in the chest. As a result of the stab wounds, the victim lost a substantial amount of blood prior to medical treatment and ultimately succumbed to those injuries. The defendant was apprehended at the scene of the incident. The defendant claimed the death was accidental. At trial, the defendant testified his brother attacked him and he pushed him away causing the brother to fall on a kitchen table where the BBQ knife was laying. In closing argument, the defense contended the three stab wounds must have occurred when the victim landed on the table. Conversely, the United States argued the defense theory was impossible and the evidence demonstrated the defendant stabbed his twin brother three separate times causing his death.
The case was originally set to be tried in the District Court of Muskogee County, Oklahoma where the murder took place. However, after the United States Supreme Court determined the Muscogee (Creek) Reservation had never been disestablished by Congress, the case had to be dismissed in state court and refiled in federal court because the murder happened in Muskogee County, within the boundaries of Muscogee (Creek) Nation Reservation and the defendant was a member of a federally recognized Indian Tribe.
The guilty verdict was the result of an investigation by the Muskogee Police Department and the Federal Bureau of Investigation.
The Honorable Ronald A. White, Chief U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Vannortwick was remanded to the custody of the United States Marshal pending imposition of sentencing.
Colbert Resident Pleads Guilty to Involuntary Manslaughter in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Brittney Nicole Schmidt, 28, entered a guilty plea to Involuntary Manslaughter in Indian Country, in violation of 18 United States Code Sections 1151, 1153, and 1112, punishable by imprisonment for a period of up to 8 years and/or a fine of up to $250,000.00 and a special assessment fee in the amount of $100.00.
The Indictment alleged that on or about August 15, 2018, within the Eastern District of Oklahoma, in Indian Country, the defendant did unlawfully kill another human being while in the commission of an unlawful act not amounting to a felony, that is operating a motor vehicle under the influence of one or more intoxicating substances, contrary to 47 Oklahoma Statute Section 11-902, without due caution and circumspection and with a wanton and reckless disregard for human life, and knew and should have known that her conduct imperiled the lives of others.
The charges arose from an investigation by the Oklahoma Highway Patrol, the Colbert and Calera City Police Departments and the Federal Bureau of Investigation.
The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Broken Arrow Resident Found Guilty of Assault in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Robert Wayne Thompson, age 54, of Broken Arrow, Oklahoma was found guilty by a federal jury of the lesser included offense of Assault by Striking, Beating, or Wounding in Indian Country, in violation of Title 18, United States Code, Sections 113(a)(4), 1151 and 1153. The defendant was indicted by a federal grand jury last February with Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, in violation of Title 18, United States Code, Sections 113(a)(3), 1151 and 1153. The jury trial began with testimony on Tuesday, August 31, 2021 and concluded on Wednesday, September 1, 2021 with the guilty verdict. Based on the jury’s verdict, the defendant is facing up to 1 year of imprisonment.
During the trial, the United States presented evidence that the defendant assaulted an individual by picking up a bar stool and striking the victim on the head, causing a head laceration.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant is a member of a federally-recognized Indian tribe and the crime occurred in Wagoner County, within the boundaries of the Muscogee (Creek) Reservation, and within the Eastern District of Oklahoma.
The guilty verdict was the result of an investigation by the Broken Arrow Police Department and the Federal Bureau of Investigation.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Thompson was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorneys Benjamin Traster and Rob Wallace represented the United States.
Jimcy McGirt Sentenced to Life ImprisonmentRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Jimcy McGirt, age 72, of Holdenville, Oklahoma was sentenced to life imprisonment and five years supervised release for two counts of Aggravated Sexual Abuse In Indian Country, and one count of Abusive Sexual Contact in Indian Country in violation of Title 18, United States Code, Sections 1151, 1153, 2241(c) and 2246(2). The life sentences on each count were ordered to run concurrently.
In 1997, Jimcy McGirt was tried and convicted of First Degree Rape by Instrumentation, Lewd Molestation, and Forcible Sodomy in the District Court of Wagoner County. While serving two 500 year sentences and a sentence of life without parole in the Oklahoma Department of Corrections, McGirt, an Indian, challenged his conviction, arguing the crimes occurred in the Muscogee (Creek) Nation Reservation and Congress had never disestablished the reservation, therefore, the State of Oklahoma did not have jurisdiction to prosecute him. On July 9, 2020, the United States Supreme Court agreed with McGirt and vacated his state convictions.
McGirt was subsequently charged in the United States District Court for the Eastern District of Oklahoma. Last November, McGirt was convicted by a federal jury after evidence was presented proving the defendant sexually assaulted a four-year-old child.
“The sentences imposed today are the culmination of many hours of investigation, case preparation, legal research and case presentation by Assistant United States Attorneys Sarah McAmis and Courtney Jordan,” said Acting United States Attorney Christopher J. Wilson. “Through tremendous cooperation with the Federal Bureau of Investigation, our office was able to help provide justice for the victim. We are elated Judge Heil followed the government’s recommendation and sentenced the defendant to a term of life imprisonment, which was above the advisory sentencing guideline range of 210-262 months. Today’s non-paroleable sentence will ensure the defendant is never be able to victimize another child.”
"While Jimcy McGirt's abhorrent crimes devastated and traumatized his community for years, the incredible bravery of his victims ultimately secured today's sentence," said FBI Oklahoma City Special Agent in Charge Melissa Godbold. "Because of their courage, Mr. McGirt will never again harm a child. FBI investigators were proud to partner with the U.S. Attorney's Office for the Eastern District of Oklahoma on this landmark case."
The Honorable John F. Heil, III, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the sentencing hearing. Assistant United States Attorneys Sarah McAmis and Courtney Jordan represented the United States. McGirt was remanded to the custody of the United States Marshal to await commitment to a United States Bureau of Prisons facility to serve his non-paroleable sentence of incarceration.
United States Attorneys' Joint Statement Regarding Oklahoma Court of Criminal Appeals Decision State Ex Rel. Matloff v. WallaceRead the Press Release
This morning the Oklahoma Court of Criminal Appeals issued its decision in State ex rel. Matloff v. Wallace holding the United States Supreme Court’s ruling in McGirt v. Oklahoma does not apply retroactively. The United States Attorney’s offices in Oklahoma are reviewing today’s OCCA opinion and assessing its potential impact on cases previously referred to the United States for potential federal criminal prosecution,” said Acting United States Attorneys Christopher Wilson, Clint Johnson and Robert Troester. “In the interim, our offices will continue to focus on our mission of ensuring public safety and holding defendants accountable for their criminal acts.”
Patrick Dwayne Murphy Found Guilty by Federal JuryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Patrick Dwayne Murphy, age 52, of Vernon, Oklahoma was found guilty by a federal jury of Murder – Second Degree in Indian Country, in violation of Title 18, United States Code, Sections 1111, 2, 1151 and 1153; Murder in Indian Country in Perpetration of Kidnapping, in violation of Title 18, United States Code, Sections 1111(a), 2, 1151 and 1153; and Kidnapping Resulting in Death, in violation of Title 18, United States Code, Sections 1201(a)(2), 2, 1151 and 1153. The defendant was acquitted on one count of Kidnapping Resulting in Death. The jury trial began with testimony on Tuesday, August 3, 2021 and concluded on Thursday, August 5, 2021 with the guilty verdicts. The defendant faces imprisonment for life for the crimes the jury found he committed.
During the trial, the United States presented evidence that the defendant, two days prior to the murder, stated he would kill George Jacobs. Later, on August 28, 1999, the defendant found George Jacobs and Jacobs’ friend, M.S., traveling on a road in rural McIntosh County. The defendant chased after M.S. and George Jacobs in his vehicle and ultimately forced M.S. and George Jacobs to stop. After stopping George Jacobs and M.S., the defendant, along with two others, attacked George Jacobs. After beating and kicking Jacobs, the defendant cut the victim’s throat with a knife and cut off the victim’s penis and testicles. The next day, deputies of the McIntosh County Sheriff’s Department and agents with the Oklahoma State Bureau of Investigation apprehended and arrested the defendant.
The case was originally tried in McIntosh County, Oklahoma where the defendant was convicted and received the death penalty. However, after the United States Supreme Court ruling in McGirt v. Oklahoma, the case had to be retried in federal court because the murder happened within the boundaries of the Muscogee (Creek) Nation’s Reservation and the defendant was a member of a federally recognized Indian Tribe.
“I am thankful Patrick Murphy has been held accountable for the vicious killing of George Jacobs,” said Acting United States Attorney Christopher Wilson. “Justice was interrupted for a period of time due to the jurisdictional challenges raised by the defendant, but justice was not thwarted. Through the excellent work of the Oklahoma State Bureau of Investigation, the Federal Bureau of Investigation and the United States Attorney’s Office, the evidence was presented to the jury and the guilty verdicts were returned. I know it has been a tumultuous time for the family of Mr. Jacobs, but they can now rest assured the defendant will pay for his crimes.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Murphy was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorney Jarrod Leaman and Special Assistant United States Attorney Robert Reeves represented the United States.
United States Attorney's Office for the Eastern District of Oklahoma Obtains Twenty-Eight Indictments from Federal Grand JuriesRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced federal grand juries sitting in Muskogee recently completed two separate July sessions and returned twenty-eight (five under seal) felony indictments, including six superseding indictments.
The Eastern District of Oklahoma has experienced a dramatic increase in Indian Country cases for federal prosecution due to the U.S. Supreme Court decision of McGirt v. Oklahoma and recent Oklahoma Court of Criminal Appeals rulings. These opinions determined the reservations of the Five Civilized Tribes were never disestablished by Congress, and therefore, the United States has primary federal jurisdiction to prosecute major crimes committed by—or against—Native Americans occurring within the 26 counties of the Eastern District of Oklahoma. In response to the caseload rise, a second grand jury was empaneled in the Eastern District in the month of July.
From the two grand jury sessions in July, twenty-three indictments were publicly filed and five remain sealed pending arrest of the charged defendants. All but three of the unsealed charges involve crimes arising out of Indian Country. Four of the unsealed indictments are for murder or involuntary manslaughter, six are for sex crimes, and the balance contain allegations of assault with a dangerous weapon or resulting in serious bodily injury, assault with intent to commit murder, kidnapping, burglary, firearm violations, and robbery. The three unsealed non-Indian Country indictments involve possession with intent to distribute methamphetamine and firearm violations.
The following indictments were returned by the federal grand juries and filed in the United States District Court for the Eastern District of Oklahoma. The information listed in brackets is the county and reservation where the crime(s) allegedly occurred.
Murder:
United States v. Wendy Dawn Johnson – Count 1: Involuntary Manslaughter in Indian Country, 18 U.S.C. §§ 1112, 1151 & 1153 [McIntosh County – Muscogee (Creek) Nation Reservation]
United States v. Tyler Jay Mullins (superseding indictment) – Count 1: Murder in Indian Country, 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence, 18 U.S.C. §§ 924(c)(1)(A)(i),(ii) & (iii); Count 3: Causing the Death and Murder of a Person in the Course of a Violation to Title 18 U.S.C. § 924(c), 18 U.S.C. § 924(j)(1) [Pontotoc County – Chickasaw Nation Reservation]
United States v. Michael Lee Wolfe and Carlos Allen Locust (superseding indictment) – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151, 1153 & 2 [Adair County – Cherokee Nation Reservation]
United States v. Allysa Lynn Turner – Count 1: Murder in Indian Country, 18 U.S.C. §§ 1111(a), 1151 & 1152; Count 2: Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence, 18 U.S.C. § 924(c)(1)(A)(i)(ii)(iii); Count 3: Causing the Death of a Person in the Course of a Violation to Title 18, United States Code, Section 924(c), 18 U.S.C. § 924(j)(1); Forfeiture Allegation, 18 U.S.C. § 924(d) & 28 U.S.C. § 2461(c) [Latimer County – Choctaw Nation Reservation]
Sexual Assault:
United States v. Jimmy Dean Altom – Count 1: Aggravated Sexual Abuse of a Child in Indian Country, 18 U.S.C. §§ 2241(c) 2246(2)(D), 1151 & 1152; Count 2: Sexual Abuse of a Minor in Indian Country, 18 U.S.C. §§ 2243(a), 2246(2)(A), 1151 & 1152; Count 3: Sexual Abuse in Indian Country, 18 U.S.C. §§ 2242(1), 2246(2)(A), 1151 & 1152; Count 4: Sexual Abuse of a Minor in Indian Country, 18 U.S.C. §§ 2243(a), 2246(2)(D), 1151 & 1152 [Atoka County– Choctaw Nation Reservation]
United States v. Dallas Tyler Ewton – Counts 1 and 2: Aggravated Sexual Abuse of a Child in Indian Country, §§ 1151, 1153, 2241(c) & 2246(2)(B); Count 3: Aggravated Sexual Abuse of a Child in Indian Country, 18 U.S.C. §§ 1151, 1153, 2241(a) & 2246(2)(C); Counts 4 and 5: Aggravated Sexual Abuse of a Child in Indian Country, 18 U.S.C. §§ 1151, 1153, 2241(a) & 2246(2)(B); Count 6: Aggravated Sexual Abuse of a Child in Indian Country, 18 U.S.C. §§ 1151, 1153, 2241(a) & 2246(2)(C); Counts 7 and 8: Sexual Abuse of a Minor in Indian Country, 18 U.S.C. §§ 1151, 1153, 2243(a) & 2246(2)(B); Count 9: Sexual Abuse of a Minor in Indian Country, 18 U.S.C. §§ 1151, 1153, 2243(a) & 2246(2)(C); Counts 10 and 11: Sexual Abuse of a Ward in Indian Country, 18 U.S.C. §§ 1151, 1153, 2243(b) & 2246(2)(B); Count 12: Sexual Abuse of a Ward in Indian Country, 18 U.S.C. §§ 1151, 1153, 2243(b) & 2246(2)(C); Counts 13 and 14: Abusive Sexual Contact in Indian Country, 18 U.S.C. §§ 1151, 1153, 2244(a)(3) & 2246(3); Counts 15 and 16: Abusive Sexual Contact in Indian Country, 18 U.S.C. §§ 1151, 1153, 2244(a)(4) & 2246(3); Count 17: Tampering with a Witness in Indian Country, 18 U.S.C. §§ 1151, 1153 & 1512(a)(2)(c) [Okmulgee County – Muscogee (Creek) Nation Reservation]
United States v. Damian Wade Baldridge – Counts 1, 3 and 6: Assault Resulting in Serious Bodily Injury in Indian Country, 18 U.S.C. §§ 113(a)(6), 1151 & 1153; Counts 2 and 5: Assault Resulting in Substantial Bodily Injury to a Spouse, Intimate Partner or Dating Partner in Indian Country, 18 U.S.C. §§ 113(a)(7), 1151 & 115; Count 4: Kidnapping in Indian Country, 18 U.S.C. §§ 1201 (a)(2), 1151 & 1153; Count 7: Aggravated Sexual Abuse in Indian Country, 18 U.S.C. §§ 1151, 1153, 2241(a) & 2246 (2)(C) [Cherokee County – Cherokee Nation Reservation]
United States v. Levi Cody Root, Sr. (superseding indictment) – Count 1: Aggravated Sexual Abuse in Indian Country, 18 U.S.C. §§ 2241(c), 2246(2)(A), 1151 & 1152; Count 2: Aggravated Sexual Abuse in Indian Country, 18 U.S.C. §§ 2241(c), 2246(2)(B), 1151 & 1152; Count 3: Aggravated Sexual Abuse in Indian Country, 18 U.S.C. §§ 2241(c), 2246(2)(D), 1151 & 1153; Count 4: Sexual Abuse of a Minor in Indian Country, 18 U.S.C. §§ 2243, 2246(2)(B), 1151 & 1152; Count 5: Sexual Abuse of a Minor in Indian Country, 18 U.S.C. §§ 2243, 2246(2)(D), 1151 & 1152 [Seminole County – Seminole Nation Reservation]
United States v. Tyler James Stephens (second superseding indictment) – Count 1: Stalking, 18 U.S.C. § 2261(2)(B); Count 2: Extortionate Interstate Communications, 18 U.S.C. § 875(d); Counts 3 and 4: Video Voyeurism in Indian Country (Misdemeanor), 18 U.S.C. §§ 1151, 1152 & 1801(a); Count 5: Attempted First Degree Burglary in Indian Country, 18 U.S.C. §§ 1151, 1153 & 21 O.S.A. §§ 44 & 1431; Count 6: Attempted Sexual Abuse in Indian Country, 18 U.S.C. §§ 2242(1), 2246(2)(A), 1151 & 1153; Counts 7 and 8: First Degree Burglary in Indian Country, 18 U.S.C. §§ 1151, 1153 & 21 O.S.A. § 1431 [McIntosh County – Muscogee (Creek) Nation Reservation]
United States v. Brooke Lynn Davidson and Henry Charles Littlebear Redhat (superseding indictment) – Count 1: Child Neglect in Indian Country, 18 U.S.C. §§ 1151 & 1153 & 21 O. S. A. § 843.5(C); Count 2: Sexual Abuse in Indian Country, 18 U.S.C. §§ 2242(2), 2246(2)(A), 1151 & 1153; Count 3: Sexual Abuse in Indian Country, 18 U.S.C. §§ 2242(2), 2246(2)(B), 1151 & 1153; Count 4: Abusive Sexual Contact in Indian Country, 18 U.S.C. §§ 2244(a)(2), 2246(3), 1151 & 1153 [Carter County – Chickasaw Nation Reservation]
Other violent crime in Indian Country:
United States v. v. Francisco Perez – Count 1: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, 18 U.S.C. §§ 113(a)(3), 1151 & 1152; Count 2: Assault Resulting in Serious Bodily Injury in Indian Country, 18 U.S.C. §§ 113(a)(6), 1151 & 1152; Count 3: Use, Carry, Brandish, and Discharge of a Firearm During and in Relation to a Crime of Violence, 18 U.S.C. §§ 924(c)(1)(A)(i)(ii)(iii); Forfeiture Allegation, 18 U.S.C. § 924(d) & 28 U.S.C. § 2461(c) [Leflore County – Choctaw Nation Reservation]
United States v. Lakota Watson – Count 1: Assault Resulting in Serious Bodily Injury in Indian Country, 18 U.S.C. §§ 113(a)(6), 1151 & 1153; Count 2: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, 18 U.S.C. §§ 113(a)(3), 1151 & 1153; Count 3: Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence, 18 U.S.C. §§ 924(c)(1)(A)(i),(ii),(iii) [Okmulgee County – Muscogee (Creek) Nation Reservation]
United States v. Andre Lavell Tatum – Count 1: Assault with Intent to Murder in Indian Country, 18 U.S.C. §§ 113(a)(1), 1151, & 1152; Count 2: Assault with a Dangerous Weapon in Indian Country, 18 U.S.C. §§ 113(a)(1), 1151 & 1152; Count 3: Discharging a Firearm during a Crime of Violence, 18 U.S.C. § 942(c)(1)(A)(iii) [Muskogee County – Muscogee (Creek) Nation Reservation]
United States v. Shawn Claude Rose – Count: 1 Assault with a Dangerous Weapon in Indian Country, 18 U.S.C. §§ 113(a)(3), 1151 & 1153; Count 2: Assault Resulting in Serious Bodily Injury In Indian Country, 18 U.S.C. §§ 113(a)(6), 1151 and 1153; Count 3: Assault with a Dangerous, with Intent to do Great Bodily Harm in Indian Country, 18 U.S.C. §§ 113(a)(3), 1151 & 1153; Count 4: Assault Resulting in Serious Bodily Injury In Indian Country, 18 U.S.C. §§ 113(a)(6), 1151 & 1153 [Adair County – Cherokee Nation Reservation]
United States v. Shawn Claude Rose - Count 1: Assault with Intent to Commit Murder in Indian Country, 18 U.S.C. §§ 113(a)(1), 1151 & 1153; Count 2: Assault with a Dangerous Weapon in Indian Country, 18 U.S.C. §§ 113(a)(3), 1151 & 1153; Count 3: Assault Resulting in Serious Bodily Injury in Indian Country, 18 U.S.C. §§ 113(a)(6), 1151 & 1153; Count 4: Assault with a Dangerous Weapon in Indian Country, 18 U.S.C. §§ 113(a)(3), 1151 & 1153; Count 5: Assault Resulting in Serious Bodily Injury in Indian Country, 18 U.S.C. §§ 113(a)(6), 1151 & 1153; Count 6: Use, Carry, Brandish, and Discharge of a Firearm During and in Relation to a Crime of Violence, 18 U.S.C. § 924(c)(1)(A)(i)(ii)(iii) [Adair County – Cherokee Nation Reservation]
United States v. Nathan Delann Horner – Count 1: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, 18 U.S.C. §§ 113(a)(3), 1151 & 1152; Count 2: Assault Resulting in Serious Bodily Injury in Indian Country, 18 U.S.C. §§ 113(a)(6), 1151 & 1153 [Bryan County – Choctaw Nation Reservation]
United States v. Antonio Morice Brooks – Count 1: Assault with Intent to Commit Murder in Indian Country, 18 U.S.C. §§ 113(a)(1), 1151 & 1152; Count 2: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, 18 U.S.C. §§ 113(a)(3), 1151 & 1152; Count 3: Use, Carry, Brandish, and Discharge of a Firearm During and in Relation to a Crime of Violence, 18 U.S.C. §§ 924(c)(1)(A)(i)(ii)(iii); Count 4: Felon in Possession of Ammunition, 18 U.S.C. §§ 922(g)(1) & 924(a)(2) [Atoka County – Choctaw Nation Reservation]
United States v. Aaron Isaiah Johnson (superseding indictment) – Count 1: Kidnapping in Indian Country, 18 U.S.C. §§ 1201(a)(2), 1151, 1153 & 1201(a)(2) & 2; Count 2: Robbery in Indian Country, 18 U.S.C. §§ 2111, 1151, 1153 & 2; Count 3: Use, Carry and Brandish of Firearm During and in Relation to a Crime of Violence, 18 U.S.C. §§ 924(c)(1)(A) & (ii) & 2; Count 4: Conspiracy to Commit Robbery in Indian Country, 18 U.S.C. § 371; Count 5: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, 18 U.S.C. §§ 113(a)(3), 1151, 1153 & 2; Count 6: Robbery in Indian Country, 18 U.S.C. §§ 2111, 1151, 1153 & 2; Count 7: Use, Carry and Brandish of Firearm During and in Relation to a Crime of Violence, 18 U.S.C. §§ 924(c)(1)(A)(i) & (ii) & 2; Count 8: Burglary in the Second Degree in Indian Country, 18 U.S.C. §§ 1151, 1153 & 21 O.S.A. § 1435(A); Count 9: Burglary in the Second Degree in Indian Country, 18 U.S.C. §§ 1151, 1153 & 21 O.S.A. § 1435(A) [Muskogee County and Wagoner County – Muscogee (Creek) Nation Reservation]
United States v. Kaleb Lee Oss – Count 1: Assault Resulting in Serious Bodily Injury, 18 U.S.C. §§ 113(a)(6), 1151 & 1153 [Pittsburg County – Choctaw Nation Reservation]
United States v. Kaleb Lee Oss - Count 1: First Degree Burglary in Indian Country, Title 18 U.S.C. §§ 13, 1151, 1153 & 21 O.S.A. § 1431; Count 2: Robbery in Indian Country, 18 U.S.C. §§ 2111, 1151 & 1153; Count 3: Use, Carry, and Brandish a Firearm During and in Relation to a Crime of Violence, 18 U.S.C. §§ 924(c)(1)(A)(i)(ii), 1151 & 1153; Count 4: Felon in Possession of a Firearm, 18 U.S.C. §§ 922(g)(1) & 924(a)(2); [Pittsburg County – Choctaw Nation Reservation]
Non-Indian Country offenses:
United States v. Jagger Levi Gordon – Count 1: Possession with Intent to Distribute Methamphetamine, 21 U.S.C. § 841(b)(1)(B)(viii); Count 2: Use/Discharge of Firearm During and in Relation to Drug Trafficking Offense; 18 U.S.C. § 924(c)(1)(A); Count 3: Possession of Firearm w/ Silencer in Furtherance of Drug Trafficking Offense, 18 U.S.C. § 924(c)(1)(B); Count 4: Possession of Firearm by a Felon, 18 U.S.C. § 922(g)(1); Count 5: Possession of Unregistered Firearm Silencer, 26 U.S.C. § 5861(d) [Okmulgee County]
United States v. Jeremy Don Harrison – Count 1: Possession with Intent to Distribute Methamphetamine, 21 U.S.C. §§ 841(a)(1), 841(b)(1)(c) & 2; Count 2: Possession of a Firearm in Furtherance of a Drug Trafficking Crime, 18 U.S.C. §§ 924(c)(1)(A), & 2; Count 3: Felon in Possession of a Firearm, 18 U.S.C. §§ 922(g)(1) & 924(a)(2); Count 4: Possession of a Stolen Firearm, 18 U.S.C. §§ 922(j) & 924(a)(2) & 2 [Seminole County]
United States v. Jeremy Chad Gilliland (superseding indictment) – Count 1: Possession of a Firearm by a Person Convicted in any Court of a Misdemeanor Crime of Domestic Violence, 18 U.S.C. §§ 922(g)(9) & 924(a)(2); Count 2: Possession of Unregistered Firearm, 26 U.S.C. §§ 5845, 5861(d) & 5871; Forfeiture Allegation – 18 U.S.C. § 924(d) & 28 U.S.C. § 2461(c) [Carter County]
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Federal Jury Convicts Final Member of Drug Trafficking Organization Supplying Heroin to McAlester AreaRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Michael Moses George, age 41, of Oklahoma City, Oklahoma was found guilty by a federal jury of Drug Conspiracy, in violation of Title 21, United States Code, Section 846. The jury trial began with testimony on Monday, July 26, 2021 and concluded on Wednesday, July 28, 2021 with the guilty verdict. Based on the jury’s verdict, the defendant is facing a term of imprisonment of not less than 10 years nor more than life.
During the trial, the United States presented evidence that beginning in July 2019, and continuing until December 2020, in the Eastern District of Oklahoma and elsewhere, George conspired with Dennis Dewayne Cantrell, Dennis Edward Cantrell, Randall Brent Cook, Jason Nathaniel Holland, Paul Casey Craig, Bree Angelica Osburn, Christina Michelle Ketchum, Stacie Renee Borrenkott, and Parker Bolin Mathiews to distribute more than a kilogram of heroin in the Eastern District of Oklahoma. Trial witnesses testified the defendant purchased heroin from co-conspirators and served as a major source of heroin for a co-conspirator in McAlester who sold to various persons in the McAlester area. DEA agents executed a search warrant of George’s Oklahoma City apartment at the time of his arrest. In the apartment they found nearly a pound of heroin, $20,000 in bundled cash, and four firearms. A search of the George’s cellphone revealed text messages demonstrating a history of selling heroin to people in the McAlester and Oklahoma City areas.
All of the other defendants originally indicted in the case have entered guilty pleas. The guilty verdict was the result of an investigation by the McAlester Police Department, the Oklahoma Bureau of Narcotics, District 18 Drug Taskforce, and the Drug Enforcement Administration.The Honorable John F. Heil, III, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. George was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorneys Ryan Conway and James Montoya represented the United States.
Muskogee Resident Convicted of Aggravated Sexual AbuseRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Russell Garvis Griffith Jr., age 47, of Muskogee, Oklahoma was found guilty by a federal jury of Aggravated Sexual Abuse in Indian Country, in violation of Title 18, United States Code, Sections 1151, 1153, 2241(c), and 2246(2)(C); Sexual Abuse of a Minor in Indian Country, in violation of Title 18, United States Code Sections 1151, 1153, 2243(a), and 2246(2)(A); and Sexual Abuse in Indian Country, in violation of Title 18, United States Code, Sections 1151, 1153, 2242(1), and 2246(2)(A). The jury trial began with testimony on Monday, July 26, 2021 and concluded on Wednesday, July 28, 2021 with the guilty verdicts. The defendant is facing imprisonment for not less than 30 years to life for the crimes the jury found he committed.
During the trial, the United States presented evidence that the defendant sexually abused the victim for approximately fourteen years, beginning when she was nine years old. The victim also testified that when she was twenty-two years old, the defendant forcibly raped her.
The United States Attorney’s Office for the Eastern District of Oklahoma ultimately prosecuted the case because the defendant is a member of a federally-recognized Indian tribe and the crime occurred in Muskogee County, within the boundaries of the Muscogee (Creek) Nation, and within the Eastern District of Oklahoma.
The guilty verdicts were the result of an investigation by the Muskogee Police Department and the Federal Bureau of Investigation.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Griffith was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorney Morgan Muzljakovich and Assistant United States Attorney Michael Cooper represented the United States.
Henryetta Resident Found Guilty by Federal Jury of Sexual Abuse of ChildRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Kendall Len Burgess, age 22, of Henryetta, Oklahoma was found guilty by a federal jury of Aggravated Sexual Abuse in Indian Country, in violation of Title 18, United States Code, Sections 1151, 1153, 2241(c) and 2246(2)(B) and Abusive Sexual Contact in Indian Country, in violation of Title 18, United States Code, Sections 1151, 1153, 2244(a)(5) and 2246(3). The defendant was acquitted on one count of Assault by Striking, Beating, or Wounding in Indian Country. The jury trial began with testimony on Monday, July 19, 2021 and concluded on Wednesday, July 21, 2021 with the guilty verdicts. The defendant is facing imprisonment for not less than 30 years to life for the crimes the jury found he committed.
During the trial, the United States presented evidence that the defendant perpetrated various sexual acts on a seven-year-old victim.
The United States Attorney’s Office for the Eastern District of Oklahoma ultimately prosecuted the case because the defendant is a member of a federally-recognized Indian tribe and the crime occurred in Okmulgee County, within the boundaries of the Muscogee (Creek) Nation, and within the Eastern District of Oklahoma.
The guilty verdicts were the result of an investigation by the Henryetta Police Department, Okmulgee County Sheriff’s Office, and the Federal Bureau of Investigation.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Burgess was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Special Assistant United States Attorney L.C. Wright and Assistant United States Attorney Edith Singer represented the United States.
Henryetta Resident Found Guilty by Federal Jury of Murdering His FatherRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Diamond Levi Britt, age 26, of Henryetta, Oklahoma was found guilty by a federal jury of First-Degree Murder in Indian Country, in violation of Title 18, United States Code, Sections 1111(a), 1151, and 1153. The jury trial began with testimony on Tuesday, July 13, 2021 and concluded on Thursday, July 15, 2021 with the guilty verdict. The punishment for First-Degree Murder in Indian Country is imprisonment for life.
During the jury trial, the United States presented evidence that on September 16, 2019, the defendant attacked his father, Gary Britt, with a sword. The victim suffered significant injuries including a partially severed arm, multiple head wounds, and a transected quadriceps tendon. The victim died nine days after the attack due to complications from his injuries.
The evidence further demonstrated that on at least two occasions prior to the attack the defendant informed family members he intended to kill his father. After the vicious attack, the defendant left the crime scene and was observed by Henryetta police officers walking along a roadway carrying a sword. The defendant was taken into custody where he made additional statements indicating he knowingly and deliberately killed his father, with premeditation. The defendant said he wanted to kill his father on the night of the attack and that he regularly thought about stabbing his father.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant is a member of a federally-recognized Indian tribe and the crime occurred in Okmulgee County, within the boundaries of the Muscogee (Creek) Nation, and within the Eastern District of Oklahoma.
The guilty verdict was the result of an investigation by the Okmulgee County Sheriff’s Office, the Henryetta Police Department, and the Federal Bureau of Investigation.
The Honorable John F. Heil, III, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Britt was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Special Assistant United States Attorneys Kyle J. Essley and Robert Reeves represented the United States.
United States Attorney's Office for the Eastern District of Oklahoma Obtains Thirty-Five Indictments from Federal Grand JuryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced federal grand juries sitting in Muskogee recently completed two separate June sessions and returned thirty-five felony indictments, including five superseding indictments.
The Eastern District of Oklahoma has experienced a dramatic increase in Indian Country cases for federal prosecution due to the U.S. Supreme Court decision of McGirt v. Oklahoma and recent Oklahoma Court of Criminal Appeals rulings. These opinions determined the reservations of the Five Civilized Tribes were never disestablished by Congress and, therefore, the United States has primary federal jurisdiction to prosecute major crimes committed by—or against—Native Americans occurring within the 26 counties of the Eastern District of Oklahoma. In response to the caseload rise, a second grand jury was empaneled in the Eastern District. This is a first for the Eastern District.
From the two grand jury sessions in June, thirty-three indictments were publicly filed and two remain sealed pending arrest of the charged defendants. All but two of the unsealed charges involve crimes arising out of Indian Country. Eleven of the unsealed indictments are for murder or involuntary manslaughter, eleven are for sex crimes, and the balance contain allegations of assault with a dangerous weapon or resulting in serious bodily injury, and robbery. The two unsealed non-Indian Country indictments involve possession with intent to distribute cocaine and rioting in a federal detention facility, assaulting a federal officer, and possessing contraband.
The following indictments were returned by the federal grand juries and filed in the United States District Court for the Eastern District of Oklahoma. The information listed in brackets is the county and reservation where the crime(s) allegedly occurred.
Murder:
United States v. Michael Lee Wolfe and Carlos Allen Locust – Count 1: Murder in Perpetration of Kidnapping in Indian Country – 18 U.S.C. §§ 2, 1111(a), 1151 & 1153; Count 2: Kidnapping in Indian Country Resulting in Death – 18 U.S.C. §§ 2, 1201(a)(2), 1151 & 1153 [Adair County – Cherokee Nation Reservation]
United States v. David Deval Martin – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153 [McIntosh County – Muscogee (Creek) Nation Reservation]
United States v. Robert Wayne Mitchell (superseding indictment) – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Murder in Perpetration of Burglary in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153 [Seminole County – Seminole Nation Reservation]
United States v. Bernard Richard Poulin – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1152; Count 2: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1152; Count 3: Arson in Indian Country – 18 U.S.C. §§ 81, 1151 & 1152 [Okmulgee County – Muscogee (Creek) Nation Reservation]
United States v. William Clayton Brown – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Assault with a Dangerous Weapon with Intent to Do Bodily Harm in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151, & 1153 [Pittsburg County – Choctaw Nation Reservation]
United States v. David Glen Thompson & Keith Bruno Titsworth (superseding indictment) – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 2, 1151 & 1153 [Pontotoc County – Chickasaw Nation Reservation]
United States v. William Shirley – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 2, 1151 & 1153; Count 2: Use of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A), 1111(a), 1151 & 1153; Count 3: Causing the Death of a Person in the Course of a Violation of Title 18, United States Code, Section 924(c) – 18 U.S.C. §§ 924(j)(1), 1111(a), 1151 & 1153 [Okmulgee County – Muscogee (Creek) Nation Reservation]
United States v. Lonnie Leonard Swarer III – Count 1: Involuntary Manslaughter in Indian Country – 18 U.S.C. §§ 1112, 1151 & 1152 [Wagoner County – Cherokee Nation Reservation]
United States v. Brittney Nicole Schmidt, a/k/a Brittany Nicole Schmidt, a/k/a Brittney Nicole Williams – Count 1: Involuntary Manslaughter in Indian Country – 18 U.S.C. §§ 1112, 1151 & 1153 [Bryan County – Choctaw Nation Reservation]
United States v. Robert James Grass – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153 [Cherokee County – Cherokee Nation Reservation]
United States v. Dustin Randall Bulla– Count 1: Involuntary Manslaughter in Indian Country – 18 U.S.C. §§ 1112, 1151 & 1153; Count 2: Driving Under the Influence of Alcohol Resulting in Great Bodily Injury – 18 U.S.C. §§ 13, 13(b)(2)(A), 1151 & 1152 & 47 O.S.A. § 11-904(B) [Carter County – Chickasaw Nation Reservation]
Sexual Assault:
United States v. Ashley Dawn Langford - Count 1: Sexual Abuse of a Minor in Indian Country – 18 U.S.C. §§ 2243(a), 2246(2)(A), 1151 & 1153; Count 2: Sexual Abuse of a Minor in Indian Country – 18 U.S.C. §§ 2243(a), 2246(2)(B), 1151 & 1153 [McIntosh County– Muscogee (Creek) Nation Reservation]
United States v. Montelito Sanchez Simpkins - Count 1: Sexual Abuse of a Minor in Indian Country – 18 U.S.C. §§ 2243(a), 2246(2)(D), 1151 & 1152 [Pontotoc County – Chickasaw Nation Reservation]
United States v. Aaron Richard Eubanks - Count 1: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(A), 1151 & 1153; Count 2: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(C), 1151 & 1153; Count 3: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(B), 1151 & 1153 [Adair County – Cherokee Nation Reservation]
United States v. Jeffery Denton Sumka - Count 1: Sexual Abuse of a Minor in Indian Country – 18 U.S.C. §§ 2243(a)(1), 2246(2)(A), 1151 & 1153 [Okmulgee County– Muscogee (Creek) Nation Reservation]
United States v. Boyd Weldon Gross - Count 1: Coercion and Enticement of a Minor in Indian Country – 18 U.S.C. §§ 2422(b), 1151 & 1152 [Seminole County– Seminole Nation Reservation]
United States v. Tyler James Stephens (superseding indictment) - Count 1: Stalking – 18 U.S.C. § 2261A(2)(B); Count 2: Extortionate Interstate Communications – 18 U.S.C. § 875(d); Count 3: Video Voyeurism in Indian Country (Misdemeanor) – 18 U.S.C. §§ 1151, 1152, & 1801(a); Count 4: Attempted First Degree Burglary in Indian Country – 18 U.S.C. §§ 1151, 1153, & 21 O.S.A. §§ 44 & 1431; Count 5: Attempted Sexual Abuse in Indian Country – 18 U.S.C. §§ 2242(1), 2246(2)(A), 1151 & 1153; Count 6: First Degree Burglary in Indian Country – 18 U.S.C. §§ 1151, 1153, & 21 O.S.A. § 1431 [McIntosh County– Muscogee (Creek) Nation Reservation]
United States v. Christopher Wayne Webb - Count 1: Sexual Abuse in Indian Country – 18 U.S.C. §§ 2242(2)(B), 2246(2)(C), 1151 & 1153; Count 2: Sexual Abuse in Indian Country – 18 U.S.C. §§ 2243(a), 2246(2)(C), 1151 & 1153 [Bryan County– Choctaw Nation Reservation]
United States v. Brian Douglas Nicholson (superseding indictment) - Count 1: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(B), 1151 & 1153; Count 2: Sexual Abuse of a Minor in Indian Country – 18 U.S.C. § 2243(a), 2246(2)(B), 1151 & 1153; Count 3: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. § 2241(c), 2246(2)(D), 1151 & 1153; Count 4: Sexual Abuse of a Minor in Indian Country – 18 U.S.C. § 2243(a), 2246(2)(D), 1151 & 1153 [McCurtain County– Choctaw Nation Reservation]
United States v. Dustin Bristow (superseding indictment) - Count 1: Aggravated Sexual Abuse of a Child Indian Country – 18 U.S.C. §§ 2241(a), 2244(a)(5), 2246(2)(A), 2246(2)(D), 2246(3), 1151 & 1153 [Pittsburg County– Choctaw Nation Reservation]
United States v. Jerry Dewayne Rogers - Count 1: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(C), 1151 & 1152; Count 2: Abusive Sexual Contact in Indian Country – 18 U.S.C. §§ 2244(a)(5), 2246(3), 1151 & 1152; Count 3: Sexual Abuse of a Minor in Indian Country – 18 U.S.C. §§ 2243(a), 2246(2)(C), 1151 & 1152 [Sequoyah County– Cherokee Nation Reservation]
United States v. Joshua Michael Carter - Count 1: Lewd and Indecent Proposals to Child Under 16 in Indian Country – 18 U.S.C. §§ 1151, 1152, 13, & 21 O.S.A. § 1123(A)(1) [Sequoyah County– Cherokee Nation Reservation]
Other violent crime in Indian Country:
United States v. Tyler Cheyenne Ned – Count 1: Robbery in Indian Country – 18 U.S.C. §§ 2111, 1151 & 1153; Count 2: Use, Carry, Brandish and Discharge of a Firearm During and in Relation a Crime of Violence – 18 U.S.C. §§ 924(C)(1)(a)(i), (ii) & (iii); Count 3: Assault With a Dangerous Weapon With Intent to do Bodily Harm in Indian Country - §§ 113(a)(3), 1151 & 1153 [Carter County – Chickasaw Nation Reservation]
United States v. Cameron Dale Bowden – Count 1: Assault with a Dangerous Weapon with Intent to Do Bodily Harm in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151, & 1153 [Haskell County– Choctaw Nation Reservation]
United States v. Charles Bradley Vinson – Count 1: Assault with a Dangerous Weapon with Intent to Do Bodily Harm in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151, & 1152; Count 2: Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151 & 1152 [Okmulgee County– Muscogee (Creek) Nation Reservation]
United States v. Derek Scott Frazier – Count 1: Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151, & 1153 [Pontotoc County– Chickasaw Nation Reservation]
United States v. Hunter Ray Kelley – Count 1: Robbery in Indian Country – 18 U.S.C. §§ 2111, 1151 & 1152 [Muskogee County– Muscogee (Creek) Nation Reservation]
United States v. Darius Keshawn Seals – Count 1: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1153; Count 2: Use, Carry Brandish and Discharge a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i)(ii)(iii); Count 3: Use, Carry and Brandish a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i)(ii) [Marshall County – Chickasaw Nation Reservation]
United States v. Michael Wayne Pinnick – Count 1: Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151 & 1153 [Johnston County– Chickasaw Nation Reservation]
United States v. Tyler Wilson Hediger – Count 1: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1153; Count 2: Possession of an Unregistered Firearm – 26 U.S.C. §§ 5845, 5861(d) & 5871; Forfeiture Allegation – 28 U.S.C. § 2461(c), 49 U.S.C. § 80303 & 26 U.S.C. § 5872 [Sequoyah County– Cherokee Nation Reservation]
United States v. Shylow Shane Young - Count 1: Assault with a Dangerous Weapon with Intent to Do Bodily Harm in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151, & 1153; Count 2: Use Carry, Brandish, and Discharge of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i)(ii)(iii); Count 3: Felon in Possession of Firearm – 18 U.S.C. §§ 922(g)(1) & 924(a)(2) [Sequoyah County– Cherokee Nation Reservation]
Non-Indian Country offenses:
United States v. Edgar Rodriguez – Count 1: Possession with Intent to Distribute Cocaine – 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(A) [Okfuskee County]
United States v. Matthew Dewayne Carter, Anthony Drake Ahaisek, Joshua Ryan Green, Jabaica Lee Tecumseh, Richard Loyd Jack, Samuel Wayne Washington, Jason Don Rowan, David Hurl Lemmon, and John Cole Haeberle – Count 1: Rioting in a Federal Detention Facility – 18 U.S.C. §§ 1792 & 2; Count 2: Conspiracy to Commit Assault on a Federal Officer – 18 U.S.C. § 371; Count 3: Assaulting a Federal Officer – 18 U.S.C. §§ 111(a), 111(b) & 2; Count 4: Possessing Contraband in Prison – 18 U.S.C. §§ 1791(a)(2), 1791(d)(1)(B), 1791(d)(1)(F) & 1791(d)(1)(G) [Okmulgee County]
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Tahlequah Resident Found Guilty of Sexually Abusing Child Under 12 in Indian Country and Production of Child PornographyRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Michael David Jackson, age 39, of Tahlequah, Oklahoma was found guilty by a federal jury of two counts of Aggravated Sexual Abuse of a Minor Under 12, one count of Abusive Sexual Contact with a Child Under 12 Years, one count of Sexual Exploitation of a Child/Use of a Child to Produce a Visual Depiction, and two counts of Possession of Certain Material Involving the Sexual Exploitation of a Minor. The jury trial began with testimony on Monday, June 28, 2021 and concluded on Thursday, July 1, 2021 with the guilty verdicts. The punishment for Aggravated Sexual Abuse of a Minor Under 12 is a mandatory minimum of not less than 30 years imprisonment.
During the jury trial, the United States presented evidence that Jackson began sexually abusing the victim in the fall of 2019 and the abuse continued until late December 2019. The child’s parents testified they relied on Jackson to provide childcare for them while they worked because they thought they could trust Jackson. In his caretaking role, Jackson had continued access to the child, which included staying overnight. Jackson used this time with the victim to sexually abuse her. The trial evidence also proved Jackson used a cell phone camera to capture images of the abuse.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant is a member of a federally-recognized Indian tribe and the crime occurred in Cherokee County, within the boundaries of the Cherokee Nation, and within the Eastern District of Oklahoma.
The guilty verdicts were the result of an investigation by the Cherokee Nation Marshal Service and the Federal Bureau of Investigation.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Jackson was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorneys Courtney Jordan and Dean Burris represented the United States.