FEDERAL DISTRICT ARCHIVE
Eastern District of Oklahoma
Press releases recorded for this federal judicial district.
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.
Muskogee Resident Found Guilty of Attempted 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 James Michael Stewart, age 42, of Muskogee, Oklahoma was found guilty by a federal jury of one count of Attempted Aggravated Sexual Abuse in Indian Country. This crime is punishable by imprisonment for any term of years or up to life imprisonment, a fine of up to $250,000.00, or both. The defendant was acquitted on two counts of Aggravated Sexual Abuse in Indian Country. The jury trial began with testimony on Monday, June 7, 2021 and concluded on Thursday, June 10, 2021 with the guilty verdict.
The evidence presented at trial proved that on May 25, 2018, the defendant attempted to sexually assault a female victim in a room at the Studio 6 hotel on North 32nd Street in Muskogee. The defendant undressed and pushed the victim onto a bed. The victim was able to free herself, ran to the bathroom, locked the door, and called 911. When the police arrived, they found the defendant still nude. According to the police officer, the victim was very emotional and appeared afraid of the defendant.
The United States Attorney’s Office for the Eastern District prosecuted the case because the defendant is a member of a federally-recognized Indian tribe and the crime occurred in Muskogee County, within the boundaries of the Muscogee (Creek) Nation, and within the Eastern District of Oklahoma.
The guilty verdict was the result of an investigation by the Muskogee Police Department and the Federal Bureau of Investigation.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Stewart was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Special Assistant United States Attorney Nathaniel Walters and Department of Justice Trial Attorney Julie Finocchiaro represented the United States.
Car Wreck Fraud Defendant Pleads GuiltyRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Sebron Dejuan Brown, age 35, of Muskogee, Oklahoma entered a guilty plea to Conspiracy to Commit Odometer Tampering, in violation of Title 49, United States Code, Sections 32703(2) and 32709(b); two counts of Odometer Fraud, in violation of Title 49, United States Code, Section 32703(2) and 32709(b); and to Conspiracy to Commit Wire Fraud, in violation of Title 18, United States Code, Section 1343. Brown could potentially be sentenced to up to 20 years imprisonment for the multiple violations of federal laws.
The Second Superseding Indictment alleged that from in or about December 2016 and continuing through in or about May 2017, within the Eastern District of Oklahoma and elsewhere, the defendant, and others known and unknown to the grand jury, agreed and conspired to commit offenses against the United States, to-wit: to knowingly and willfully reset and alter, and cause to be reset and altered, the odometers of motor vehicles, intending to change the mileage registered by the odometers.
The Second Superseding Indictment further alleged that on or about December 18, 2016, and continuing through March 10, 2017, within the Eastern District of Oklahoma and elsewhere, the defendant, did knowingly and willingly reset and alter, and cause to be reset and altered, the odometer of motor vehicles from approximate high mileage to the approximate low mileage with the intent to change the number of miles registered on said odometers in vehicles.
The Second Superseding Indictment further alleged that from on or about March 3, 2017, and continuing through on or about May 2, 2017, within the Eastern District of Oklahoma and elsewhere, the defendant, codefendant Rakyra Jones, codefendant Tracy Mahone (now dismissed from the Second Superseding Indictment), and others known and unknown to the grand jury, agreed and conspired to transmit and caused to be transmitted by means of a wire communication in interstate commerce signals and sounds for the purpose of executing a scheme to defraud insurance companies.
The charges arose from an investigation by the Muskogee Police Department, the Federal Bureau of Investigation, and the United States Department of Transportation, National Highway Traffic Safety Administration, Office of Odometer Fraud Investigation.
The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Doug Horn, Assistant United States Attorney Jarrod Leaman, and Assistant United States Attorney Michael Cooper represented the United States.
Broken Arrow Resident Found Guilty of MurderRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Miranda Lynne Ree, age 24, of Broken Arrow, Oklahoma was found guilty by a federal jury of Murder Second Degree in Indian County.
The jury trial began with testimony on Tuesday, June 1, 2021, and concluded on Thursday, June 3, 2021 with the guilty verdict. The defendant was indicted in September 2020 on the charge of Murder I. After considering the evidence presented at trial, the jury found Ree guilty of the lesser included offense of Murder II. Murder in the Second Degree is punishable by any term of years or life in imprisonment.
The evidence presented at trial proved that on or about September 27, 2018, Ree, an Indian, unlawfully killed Bryan James Chaney with a knife. The crime occurred in Wagoner County, within the boundaries of the Muscogee (Creek) Nation, and within the Eastern District of Oklahoma.
The guilty verdict was the result of an investigation by the Wagoner County Sheriff’s Office and the Federal Bureau of Investigation.
“The defendant was originally charged in the District Court of Wagoner with Murder in the First Degree, but the case was dismissed after the Supreme Court decision in McGirt v. Oklahoma,” said Acting United States Attorney Christopher J. Wilson. “Once the state charge was dismissed, the Federal Bureau of Investigation picked up the investigation and prosecution of the case was initiated by our office. The verdict today in federal court represents the next step in ensuring the defendant is held responsible for unlawfully killing Bryan James Chaney.”
“Craig Gestring, the lead prosecutor in the case, is an Assistant United States Attorney from the Middle District of Florida," said Wilson. “Mr. Gestring volunteered to handle cases in the Eastern District. I am appreciative of Mr. Gestring and other Department of Justice attorneys who have come to our aid after the McGirt decision dramatically increased the number of violent crime cases our office has been required to handle.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Ree was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Special Assistant United States Attorney Craig Gestring and Assistant United States Attorney Michael Warren represented the United States.
Okemah Resident Found Guilty of Three Counts of Sexual Abuse in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that Edmond Carl Warrington, age 71, of Okemah, Oklahoma was found guilty by a federal jury of three counts of Sexual Abuse In Indian Country, in violation of Title 18, United States Code, Sections 1151, 1153, 2242, 2246(2)(A), and 2246(2)(C). The jury trial began with testimony on Monday, May 24, 2021, and concluded on Wednesday, May 26, 2021 with the guilty verdicts. The defendant was acquitted on three counts of Aggravated Sexual Abuse in Indian Country.
The evidence presented at trial proved that from in or about April 2017 to on or about May 12, 2018, within the Eastern District of Oklahoma, in Indian Country, the defendant sexually abused the victim, who was incapable of appraising the nature of the abuse.
The guilty verdicts were the result of an investigation by the Federal Bureau of Investigation, Okfuskee County Sheriff’s Department, Seminole County Sheriff’s Department, the District 24 Violent Crimes Task Force, and the Oklahoma State Bureau of Investigation.
The Honorable David Cleveland Joseph, U.S. District Judge out of the United States District Court for the Western District of Louisiana, temporarily assigned to the Eastern District of Oklahoma, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following its completion. Warrington was remanded to the custody of the United States Marshal pending the sentencing hearing.
Special Assistant United States Attorney Kyle J. Essley and Assistant United States Attorney Sarah McAmis represented the United States.
Hartshorne Resident Sentenced to Nine Months, $80,000 Restitution for Theft Concerning Programs Receiving Federal FundsRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Meredith Dawn Dunkin, age 47, of Hartshorne, Oklahoma was sentenced to 9 months’ imprisonment in the Federal Bureau of Prisons, 2 years of supervised release, and ordered to pay restitution in the amount of $80,083.35 for Theft Concerning Programs Receiving Federal Funds, in violation of Title 18, United States Code, Section 666(a)(1)(A). The charges arose from an investigation by the Federal Bureau of Investigation.
The Information alleged that from on or about May 23, 2013, and continuing through August 6, 2016, in the Eastern District of Oklahoma, the defendant, Meredith Dawn Dunkin, being an agent of the City of Hartshorne, Oklahoma, said organization received benefits in excess of $10,000 under a Federal Program involving a grant, contract, subsidy, loan, guarantee, insurance, or other form of Federal Assistance for the calendar years of 2013, 2014, 2015 and 2016, obtained by fraud, embezzlement, and otherwise without authority, property worth at least $5,000 owned by the City of Hartshorne.
The Honorable David Cleveland Joseph, U.S. District Judge out of the United States District Court for the Western District of Louisiana, temporarily assigned to the Eastern District of Oklahoma, presided over the sentencing hearing. Assistant United States Attorney Doug Horn represented the United States.
United States Attorney's Office for the Eastern District of Oklahoma Obtains Eighty-Two Indictments from Federal Grand JuryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced the federal grand jury sitting in Muskogee completed its May session last week and returned eighty-two felony indictments.
Seventy-six indictments were publicly filed and six remain sealed pending arrest of the charged defendants. All but one of the unsealed charges involve crimes arising out of Indian Country. Thirty-three indictments are for murder, sixteen are sexual assaults, and the balance contain allegations of child abuse/neglect, attempted murder, involuntary manslaughter, felonious assault, robbery, burglary, and kidnapping. The sole non-Indian Country indictment involves possession of methamphetamine with intent to distribute.
The dramatic increase in Indian Country cases for federal prosecution is due to the U.S. Supreme Court decision of McGirt v. Oklahoma and recent Oklahoma Court of Criminal Appeals rulings. These opinions determined the reservations of the Five Civilized Tribes were never disestablished by Congress and, therefore, the United States has primary federal jurisdiction to prosecute major crimes committed by—or against—Native Americans occurring within the 26 counties of the Eastern District of Oklahoma.
The following indictments were returned by the federal grand jury and filed in the United States District Court for the Eastern District of Oklahoma. The information listed in brackets is the county and the reservation where the crime(s) allegedly occurred.
Murder:
United States v. Coker Dean Barker and Anastacia Phillinia Little – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151, 1153 & 2; Count 2: Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i),(ii) & (iii) & 2; Count 3: Causing the Death of a Person in the Course of a Violation of Title 18 U.S.C. § 924(c) – 18 U.S.C. § 924(j)(1) & 2 [Seminole County – Seminole Nation Reservation]
United States v. Crystal Renae Berryhill - Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153 [Marshall County – Chickasaw Nation Reservation]
United States v. Kalup Allen Born (Superseding Indictment) – Count 1: Murder in Perpetration of Robbery and Kidnapping in Indian Country – 18 U.S.C. §§ 1111(a), 1151, 1153; Count 2: First Degree Burglary in Indian Country – 18 U.S.C. §§ 2, 1151, 1153(b) & 21 O.S. § 1431; Count 3: Robbery in Indian Country – 18 U.S.C. §§ 2111, 1151 & 1153; Count 4: Kidnapping in Indian Country – 18 U.S.C. §§ 1201(a)(2), 1151 & 1153; Count 5: First Degree Burglary in Indian Country – 18 U.S.C. §§ 1151, 1153(b) & 21 O.S. 1431; Count 6: Arson in Indian Country – 18 U.S.C. §§ 1151, 1153(b) & 21 O.S. § 1431 [Pontotoc County – Chickasaw Nation Reservation]
United States v. Kalup Allen Born - Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153 [Pontotoc County – Chickasaw Nation Reservation]
United States v. Aram Barak Catron - Murder in Indian Country – Second Degree – 18 U.S.C. §§ 1111(a), 1151 & 1153 [Cherokee County – Cherokee Nation Reservation]
United States v. Jace Wayne Conger – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Causing the Death of a Person in the Course of a Violation of Title 18 U.S.C. § 924(c) – 18 U.S.C. § 924(j)(1) [Seminole County – Seminole Nation Reservation]
United States v. Michael Ray Crawley – Murder in Perpetration of Burglary in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1152 [Pittsburg County – Choctaw Nation Reservation]
United States v. Kevin Leon Cross – Count 1: Murder in Perpetration of Kidnapping in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Kidnapping in Indian Country Resulting in Death – 18 U.S.C. §§ 1201(a)(2), 1151 & 1153; Count 3: Causing the Death of a Person in the Course of a Violation of Title 18 U.S.C. § 924(c) – 18 U.S.C. § 924(j)(1) [Bryan County – Choctaw Nation Reservation]
United States v. Gregory Allen Gamblin, II - Murder in Indian Country - 18 U.S.C. §§ 1111(a), 1151, & 1152 [Choctaw County – Choctaw Nation Reservation]
United States v. Kadetrix Devon Grayson – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Causing the Death of a Person in the Course of a Violation of Title 18 U.S.C. § 924(c) – 18 U.S.C. § 924(j)(1) [Seminole County – Seminole Nation Reservation]
United States v. Crystal Marie Haworth – Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153 [Pittsburg County – Choctaw Nation Reservation]
United States v. Gunnar Mathew Hemingway – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Causing the Death of a Person in the Course of a Violation of Title 18 U.S.C. § 924(c) – 18 U.S.C. §§ 924(j)(1) [Choctaw County – Choctaw Nation Reservation]
United States v. Jordan Wayne Holt – Count 1: Murder in Indian Country - Second Degree -18 U.S.C. §§1111(a), 1151, & 1153; Count 2: Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence - 18 U.S.C. §§ 924(c)(1)(A)(i)(ii)(iii); Count 3: Causing The Death of a Person in the Course of a Violation of Title 18 U.S.C. § 924(c) - 18 U.S.C. § 924(j)(1); Count 4: Assault with Intent to Commit Murder in Indian Country -18 U.S.C. §§ 113(a)(1), 1151 and 1153 [McCurtain County – Choctaw Nation Reservation]
United States v. Darrell James Hummingbird – Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153 [Adair County – Cherokee Nation Reservation]
United States v. Cody Nash James – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 and 1153; Count 2: Causing the Death of a Person in the Course of a Violation of Title 18, United States Code, Section 924(c) – 18 U.S.C. §§ 924(j)(1) [Okmulgee County – Muscogee (Creek) Nation Reservation]
United States v. Ryan Cortlan Johnson – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151, & 1153; Count 2: Causing the Death of a Person in the Course of a Violation of Title 18 U.S.C. § 924(c) [Okmulgee County – Muscogee (Creek) Nation Reservation]
United States v. John Douglas Knight – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151, 1153 & 2; Count 2: Causing the Death of a Person in the Course of a Violation of Title 18 U.S.C. § 924(c) – 18 U.S.C. § 924(j)(1) & 2 [Seminole County – Seminole Nation Reservation]
United States v. Aaron Michael Laconsello a/k/a Aaron Michael Hooper – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Murder in Perpetration of Burglary in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153 [Muskogee County – Muscogee (Creek) Nation Reservation]
United States v. Neil Shai-Cameron Lewis - Murder in Indian Country – Second Degree – 18 U.S.C. §§ 1111(a), 1151, 1153 [Okmulgee County – Muscogee (Creek) Nation Reservation]
United States v. Brian James Mack - Murder in Indian Country - 18 U.S.C. §§ 1111(a), 1151, & 1153 [Pushmataha County – Choctaw Nation Reservation]
United States v. Robert Wayne Mitchell - Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151, & 1153 [Seminole County – Seminole Nation Reservation]
United States v. Jimmy Holmes Nace and Matthew Jennings Vermillion – Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151, 1152 & 2 [Pittsburg County – Choctaw Nation Reservation]
United States v. Clifton Merrill Parish – Count 1: Murder in Perpetration of Robbery in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Kidnapping Resulting in Death in Indian Country – 18 U.S.C. §§ 1201(a), 1151 & 1153 [Choctaw County – Choctaw Nation Reservation]
United States v. Thomas Raymond Phillips, III – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Causing the Death of a Person in the Course of a Violation of Title 18 U.S.C. § 924(c) – 18 U.S.C. § 924(j)(1) [Choctaw County – Choctaw Nation Reservation]
United States v. Jeffrey Lyn Pierce - Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1152 [Choctaw County – Choctaw Nation Reservation]
United States v. Bradley Shawn Pittman - Murder in Indian Country – Second Degree – 18 U.S.C. §§ 1111(a), 1151 & 1153 [Bryan County – Choctaw Nation Reservation]
United States v. Tyas Short – Count 1: Second Degree Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Causing the Death of a Person in the Course of a Violation of Title 18 U.S.C. § 924(c) – 18 U.S.C. § 924(j)(1) & 2 [Pittsburg County – Choctaw Nation Reservation]
United States v. Devin Warren Sizemore – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Second Degree Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 3: Voluntary Manslaughter in Indian Country – 18 U.S.C. §§ 1112(a), 1151 & 1153; Count 4: Child Abuse in Indian Country – 18 U.S.C. §§ 1151, 1153, 21 Okla. Stat. 843.5(A); Count 5: Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151 & 1153; Count 6: Assault and Battery on a Police Officer in Indian Country – 18 U.S.C. §§ 13, 1151 & 1152, 21 Okla. Stat. 649 [Pittsburg County – Choctaw Nation Reservation]
United States v. George McEntire Smith – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i),(ii) & (iii) [Wagoner County – Muscogee (Creek) Nation]
United States v. John Duncan Stubbs – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Use, Carry, Brandish, and Discharge of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i)(ii)(iii); Count 3: Causing the Death of a Person in the Course of a Violation of Title 18 U.S.C. § 924(c) – 18 U.S.C. § 924(j)(1) [Choctaw County – Choctaw Nation Reservation]
United States v. Chad Jon’Dale Voyles – Count 1: Conspiracy to Murder in Indian Country – 18 U.S.C. §§ 1117, 1111(a), 1151 & 1152; Count 2: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 2, 1151 & 1152; Count 3: Murder in Perpetration of Burglary in Indian Country – 18 U.S.C. §§ 1111(a), 2, 1151, 1152; Count 4: Arson in Indian Country – 18 U.S.C. §§ 81, 2, 1151, 1152 [Choctaw County – Choctaw Nation Reservation]
United States v. Tanner Dean Washington - Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151 & 1152 [Pontotoc County - Chickasaw Nation Reservation]
United States v. Johnson Wisdom - Murder in Perpetration of Child Abuse in Indian Country – 18 U.S.C. §§ 1111(a), 1151 and 1153 [Pontotoc County – Chickasaw Nation Reservation]
Sexual Assault:
United States v. Dustin Dewayne Bristow – Abusive Sexual Contact in Indian Country – 18 U.S.C. §§ 2244(a)(5), 2246(3), 1151 & 1153 [Pittsburg County – Choctaw Nation Reservation]
United States v. Eduardo Chapa – Aggravated Sexual Abuse in Indian Country – 18 U.S.C. § 2241(c), 2246(2)(A), 1151 & 1152 [Seminole County- Seminole Nation Reservation]
United States v. Wayne Robert Christman – Count 1: Aggravated Sexual Abuse in Indian County – 18 U.S.C. § 2241(c), 2246(2)(A), 1151 & 1153; Count 2: Abusive Sexual Contact in Indian Country – 18 U.S.C. § 2244(a)(5), 2246(3), 1151 & 1152; Count 3: Lewd and Indecent Acts to a Child Under 12 in Indian Country – 18 U.S.C. § 1151, 1152, 13 and 21 OK Stat. § 21-1123(A)(5)(f) [Pittsburg County – Choctaw Nation Reservation]
United States v. Shelley J. Duncan – Count 1: Abusive Sexual Contact in Indian Country – 18 U.S.C. §§ 2244(a)(3), 2246(3), 1151 & 1153; Count 2: Lewd Acts with a Child Under 16 in Indian Country – 18 U.S.C. §§ 1151, 1152, 13, 21 O.S. § 1123(A)(1); Count 3: Lewd Acts with a Child Under 16 in Indian Country – 18 U.S.C. §§ 1151, 1152, 13, 21 O.S. § 1123(A)(3); Count 4: Lewd Acts with a Child Under 16 in Indian Country – 18 U.S.C. §§ 1151, 115, 13, 21 O.S. § 1123(A)(4) [Johnston County – Chickasaw Nation Reservation]
United States v. David Leroy Earls – Count 1: Sexual Abuse in Indian Country – 18 U.S.C. §§ 2242(2)(A), 2246(2)(A), 1151 & 1153; Count 2: Sexual Abuse in Indian Country – 18 U.S.C. §§ 2242(2)(A), 2246(2)(C), 1151 & 1153; Count 3: Sexual Abuse in Indian Country – 18 U.S.C. §§ 2242(2)(A), 2246(2)(B), 1151 & 1153 [Pushmataha County – Choctaw Nation Reservation]
United States v. Edgar Rene Garcia-Limon (Superseding Indictment) – Count 1: Felon in Possession of Firearm – 18 U.S.C. §§ 922(g)(1) & 924(a)(2); Count 2: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(D), 1151 & 1152; Count 3: Abusive Sexual Contact in Indian Country – 18 U.S.C. §§ 2244(a)(5), 2246(3), 1151 & 1152; Count 4: Illegal Reentry of Previously Removed Alien – 8 U.S.C. §§ 1326(a); [Okmulgee County- Muscogee (Creek) Nation Reservation]
United States v. Cutter Payne Hendricks – Abusive Sexual Contact in Indian Country – 18 U.S.C. § 2244(b), 2246(3), 1151 & 1152 [McCurtain County- Choctaw Nation Reservation]
United States v. Christopher William McKane – Count 1: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(A), 1151 & 1153; Count 2: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(B), 1151 & 1153 [Pontotoc County – Chickasaw Nation Reservation]
United States v. Bruce Lee Montes – Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(A), 1151 & 1152 [Pittsburg County – Choctaw Nation Reservation]
United States v. Gordon Lee Myers, a/k/a Rick Lee Myers – Count 1: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(A), 1151 & 1153; Count
2: Sexual Abuse of a Minor in Indian Country – 18 U.S.C. §§ 2243, 2246(2)(A), 1151 & 1153 [Marshall County – Chickasaw Nation Reservation]United States v. Bryan Douglas Nicholson – Count 1: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. § 2241(c), 2246(2)(B), 1151 & 1153; Count 2: Sexual Abuse of a Minor in Indian Country – 18 U.S.C. § 2243(a), 2246(2)(B), 1151 & 1153 [McCurtain County – Choctaw Nation Reservation]
United States v. Roy Lee Roberts, Jr.– Count 1: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(B), 1151 & 1153; Count 2: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(D), 1151 & 1153 [Pittsburg County – Choctaw Nation Reservation]
United States v. Jimmy Ray Robinson – Count 1: Abusive Sexual Contact in Indian Country – 18 U.S.C. §§ 2244(a)(5), 2246(3), 1151 & 1153; Count 2: Abusive Sexual Contact in Indian Country – 18 U.S.C. §§ 2244(a)(5), 2246(3), 1151 & 1153 [Choctaw County – Choctaw Nation Reservation]
United States v. Antonio Maurice Sambrano – Count 1: Sexual Abuse in Indian Country – 18 U.S.C. §§ 2242(2), 2246(2)(A), 1151 & 1152; Count 2: Sexual Abuse in Indian Country – 18 U.S.C. §§ 2242(2), 2246(2)(B); Count 3: Sexual Abuse in Indian Country – 18 U.S.C. §§ 2242(2), 2246(2)(C), 1151 & 1152 [Seminole County – Seminole Nation Reservation]
United States v. Bradley Alex Tilley – Sexual Abuse in Indian Country – 18 U.S.C. §§ 2242(2)(A), 2242(2)(B), 2246(2)(a), 1151 & 1153 [Seminole County – Seminole Nation Reservation]
United States v. Tommy James Whitt – Count 1: Sexual Abuse of a Minor in Indian Country – 18 U.S.C. §§ 2243(a), 2246(2)(A), 1151 & 1153; Count 2: Sexual Abuse of a Minor in Indian Country – 18 U.S.C. §§ 2243(a), 2246(2)(B), 1151 & 1153; Count 3: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(A), 1151 & 1153; Count 4: Aggravated Sexual Abuse in Indian Country – 18 U.S.C. §§ 2241(c), 2246(2)(A), 1151 & 1153 [Seminole County – Seminole Nation Reservation]
Other violent crime in Indian Country:
United States v. Joses Ric-E Beck a/k/a Ricky – Count 1: Burglary in the First Degree in Indian Country – 18 U.S.C. §§ 1151, 1153 & 21 Okla. Stat. § 1431; Count 2: Assault with a Dangerous Weapon with the Intent to do Bodily Harm in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1153; Count 3: Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151 & 1153 [Johnston County – Chickasaw Nation Reservation]
United States v. Mr Lee Benton, a/k/a Mister Lee Benton, a/k/a Lee Benton – Count 1: Involuntary Manslaughter in Indian Country – 18 U.S.C. §§ 1112, 1151 & 1153; Count 2: Possession with Intent to Distribute Methamphetamine – 21 U.S.C. §§ 841(a)(1) & 841(b)(1)(B); Count 3: Possession of a Firearm in Furtherance of Drug Trafficking Crime – 18 U.S.C. § 924(c)(1)(A); Count 4: Felon in Possession of a Firearm – 18 U.S.C. §§ 922(g)(1) & 924(a)(2); [Seminole County – Seminole Nation Reservation]
United States v. Kristen Breann Buckner, a/k/a Kristen Breann Talamassy – Assault with a Dangerous Weapon in Indian Country - 18 U.S.C. §§ 113(a)(3), 1151, & 1153 [Hughes County – Muscogee (Creek) Nation Reservation]
United States v. Jory L. Bullard – Child Abuse in Indian Country – 18 U.S.C. §§ 1151, 1152 & 21 Okla. Stat. § 843.5(A) [McCurtain County – Choctaw Nation Reservation]
United States v. Paula Amber Chisholm – Count 1: Child Abuse in Indian Country – 18 U.S.C. §§ 1151, 1153 & 21 Okla. Stat. § 843.5(A); Count 2: Child Neglect in Indian Country – 18 U.S.C. §§ 1151, 1153 & 21 Okla. Stat. § 843.5(C) [Pittsburg County – Choctaw Nation Reservation]
United States v. Mikkah Tramain Cosar – Count 1: Assault with Intent to Commit Murder in Indian Country – 18 U.S.C. §§ 113(a)(1), 1151 & 1153; Count 2: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1152; Count 3: Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151 & 1153; Count 4: Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i),(ii),(iii) [Seminole County – Seminole Nation Reservation]
United States v. Jeramey Dill – Count 1: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1153; Count 2: Use, Carry, and Discharge a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i)(ii)(iii) [Cherokee County – Cherokee Nation Reservation]
United States v. Joseph Brandon Ferris – Count 1: Burglary in the First Degree in Indian Country – 18 U.S.C. §§ 1151, 1152 & 21 O.S. § 1431; Count 2: Assault with Intent to Commit Murder in Indian Country – 18 U.S.C. §§ 113(a)(1), 1151, and 1153; Count 3: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 and 1153; Count 4: Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151 and 1153 [Johnston County – Chickasaw Nation Reservation]
United States v. Richard Dakota Gore and Bronson Dalton Kent Gore – Count 1: Robbery in Indian Country – 18 U.S.C. §§ 2111, 1151, 1153 & 2; Count 2: Use, Carry, and Brandish a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i)(ii) & 2 [Pontotoc County – Chickasaw Nation Reservation]
United States v. Trab Aahrron Hatton – Count 1: Attempted Murder in Indian Country – 18 U.S.C. §§ 1113, 1151, & 1153; Count 2: Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151 & 1153; Count 3: Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i),(ii) & (iii) [Pontotoc County – Chickasaw Nation Reservation]
United States v. Rex Allen Hayes, Jr. – Involuntary Manslaughter in Indian Country – 18 U.S.C. §§ 1112, 1151 & 1152 [McCurtain County – Choctaw Nation Reservation]
United States v. Jeffrey Dywane Holcomb – Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151 & 1153 [Pittsburg County- Choctaw Nation Reservation]
United States v. Autumn Elizabeth Grace Jackson, Sabrina Deanne Orr, and Dustin John Wood – Count 1: Attempted Murder in Indian Country- 18 U.S.C. §§ 1111(a), 1113, 1151 & 1153; Count 2: Robbery in Indian Country – 18 U.S.C. §§ 2111, 1151, 1153 & 2; Count 3: Burglary in the First Degree in Indian Country – 18 U.S.C. §§ 2, 1151, 1153 & 21 Okla. Stat. § 1431; Count 4: Maiming in Indian Country – 18 U.S.C. §§ 114, 1151 & 1153; Count 5: Assault with a Dangerous Weapon with Intent to do Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151, 1153 & 2; Count 6: Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151, 1153 & 2; Count 7: Use, Carry, and Brandish of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. § 924(c)(1)(A)(i) & (ii) [Seminole County – Seminole Nation Reservation]
United States v. Dawane Armone King – Count 1; Child Abuse in Indian Country – 18 U.S.C. § 1151, 1153 & 21 Okla. Stat. § 843.5(A); Count 2: Child Neglect in Indian Country – 18 U.S.C. §§ 1151, 1153 & 21 Okla. Stat. 843.5(C) [Choctaw County – Choctaw Nation Reservation]
United States v. Dillon Wayne McClain – Arson of a Dwelling in Indian Country – 18 U.S.C. §§ 81, 1151, & 1153 [Pontotoc County – Chickasaw Nation Reservation]
United States v. Billy James Menees and Ashley Dawn Marie Schardein – Count 1: Child Abuse in Indian Country – 18 U.S.C. §§ 1151, 1152, 2 & Okla. Stat. 83.5(A); Count 2: Child Neglect in Indian Country – 18 U.S.C. §§ 1151, 1152, 2 & Okla. Stat. 843.5(C) [Pittsburg County – Choctaw Nation Reservation]
United States v. Johnny Dale Morris – Assault with a Dangerous Weapon in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1152 [Sequoyah County – Cherokee Nation Reservation]
United States v. Abigail Perez and Dylan Tyler Neal – Count 1: Child Neglect in Indian Country – 18 U.S.C. §§ 2, 1151, 1153 & 21 Okla. Stat. 843.5(C); Count 2: Child Neglect in Indian Country – 18 U.S.C. §§ 2, 1151, 1152 & 21 Okla. Stat. 843.5(C) [Pontotoc County – Chickasaw Nation Reservation]
United States v. Timmie Lee Runnels Jr – Count 1: Assault with Intent to Commit Murder in Indian Country – 18 U.S.C. §§ 113(a)(1), 1151 & 1153; Count 2: Kidnapping in Indian Country – 18 U.S.C. §§ 1201(a)(2), 1151 & 1153; Count 3: Felon in Possession of Ammunition – 18 U.S.C. §§ 922(g)(1) & 924(a)(2); Count 4: Use, Carry, and Discharge of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i),(iii) [Pontotoc County – Chickasaw Nation Reservation/Coal County – Choctaw Nation Reservation]
United States v. Amber Rachelle Thurman – Child Neglect in Indian Country – 18 U.S.C. §§ 1151, 1153, & 21 Okla. Stat. 843.5(C) [Pontotoc County – Chickasaw Nation Reservation]
United States v. David Daniel Walker, a/k/a Boston – Count 1: Burglary in the First Degree in Indian Country – 18 U.S.C. §§ 1151, 1153 & 21 Okla. Stat. § 1431; Count 2: Robbery in Indian Country – 18 U.S.C. §§ 1151, 1153, & 2111; Count 3: Assault with a Dangerous Weapon with the Intent to do Bodily Harm in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1153 [Pontotoc County – Chickasaw Nation Reservation]
United States v. Jeremy Curtis Walker – Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 1151 & 1152 [Seminole County – Seminole Nation Reservation]
United States v. Dalton Ray Wallis – Count 1: Assault with Intent to Commit Murder in Indian Country – 18 U.S.C. §§ 113(a)(1), 1151, 1153; Count 2: Use, Carry, and Discharge of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. § 924(c)(1)(A)(i)(iii) [Adair County – Cherokee Nation Reservation]
United States v. Kevin Ray Ward and Anthony Juan Armenta – Count 1: Assault Resulting in Serious Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(6), 2, 1151 & 1153; Count 2: Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence – 18 U.S.C. §§ 924(c)(1)(A)(i)(ii)(iii) & 2 [McCurtain County – Choctaw Nation Reservation]
United States v. Roberto Carlos Wesley – Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1153 [McCurtain County – Choctaw Nation Reservation]
United States v. Oscar Levon Luke Junior Worcester – Assault with a Dangerous Weapon with Intent to do Bodily Injury in Indian Country – 18 U.S.C. §§ 113(a)(3), 1151 & 1153 [Pontotoc County – Chickasaw Nation Reservation]
Non-Indian Country offenses:
United States v. Mr Lee Benton, a/k/a Mister Lee Benton, a/k/a Lee Benton – Possession with Intent to Distribute Methamphetamine [Seminole County]
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Eleven Defendants Charged with Murder in Indian CountryRead the Press Release
A federal grand jury in the Eastern District of Oklahoma has returned separate indictments charging 11 defendants with murder and other various violent crimes arising out of Indian Country.
Over the course of a three-day grand jury session in the U.S. District Court for the Eastern District of Oklahoma, trial attorneys with the Justice Department’s Organized Crime and Gang Section, working with and in support of the U.S. Attorney’s Office for the Eastern District of Oklahoma, obtained the indictments charging the 11 defendants. These indictments followed the reversal or dismissal of state cases as a result of the U.S. Supreme Court’s decision in McGirt v. Oklahoma.
In July 2020, the U.S. Supreme Court determined in McGirt v. Oklahoma that the historical boundaries of the Muscogee (Creek) Nation were never disestablished by Congress and therefore that the State of Oklahoma did not have jurisdiction to prosecute Jimcy McGirt for first degree rape and other state crimes. On March 11, the Oklahoma Court of Criminal Appeals ruled that the Cherokee reservation and the Chickasaw reservation were likewise never disestablished. Similar rulings affecting the Seminole and Choctaw reservations were issued by the Oklahoma Court of Criminal Appeals on April 1. As a result of these decisions, the United States has primary federal jurisdiction to prosecute major crimes committed by—or against—Native Americans occurring within the 26 counties of the Eastern District of Oklahoma.
The following indictments were returned by the federal grand jury and filed in the U.S. District Court for the Eastern District of Oklahoma:
United States v. Gregory Gamblin – Murder in Indian Country.
United States v. Gunnar Mathew Hemingway – Murder in Indian Country; using, carrying, and discharging a firearm during and in relation to a crime of violence; causing the death of a person.
United States v. Cody Nash James –Murder in Indian Country; causing the death of a person.
United States v. Brian Mack – Murder in Indian Country.
United States v. Robert Mitchell – Murder in Indian Country.
United States v. Clifton Parish – Murder in Indian Country; kidnapping resulting in death in Indian Country.
United States v. Jeffrey Pierce – Murder in Indian Country.
United States v. Tyas Short – Second degree murder in Indian Country; using, carrying, and discharging a firearm during and in relation to a crime of violence; causing the death of a person.
United State v. Devin Sizemore – Murder in Indian Country; second degree murder in Indian Country; voluntary manslaughter in Indian Country; child abuse in Indian Country; assault resulting in serious bodily injury in Indian Country; and assault on a police officer in Indian Country
United States v. John Duncan Stubbs – Murder in Indian Country; using, carrying, and discharging a firearm during and in relation to a crime of violence; causing the death of a person.
United States v. Johnson Wisdom – Murder in Indian Country.
Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division; Acting U.S. Attorney Christopher J. Wilson of the Eastern District of Oklahoma; and Special Agent in Charge Melissa R. Godbold of the FBI’s Oklahoma City Field Office made the announcement.
The FBI is investigating the cases.
Trial Attorneys Gerald Collins, Rebecca Dunnan, Alex Gottfried, Lisa Man, Matthew Mattis, Christina Taylor, Christopher Taylor, and Kristen Taylor of the Criminal Division’s Organized Crime and Gangs Section are prosecuting the cases with the U.S. Attorney’s Office for the Eastern District of Oklahoma.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Acting U.S. Attorney Christopher J. Wilson Recognizes Police WeekRead the Press Release
MUSKOGEE, OKLAHOMA – In honor of National Police Week, Acting U.S. Attorney Christopher J. Wilson recognizes the service and sacrifice of federal, state, local, and Tribal law enforcement. This year, the week is observed Sunday, May 9 through Saturday, May 15, 2021.
“This week is a time to honor our law enforcement officers who have made the ultimate sacrifice in service to our nation,” said Attorney General Garland. “I am constantly inspired by the extraordinary courage and dedication with which members of law enforcement act each day, putting their lives on the line to make our communities safer. To members of law enforcement and your families: we know that not a single day, nor a single week, is enough to recognize your service and sacrifice. On behalf of the entire Department of Justice, you have our unwavering support and eternal gratitude.”
“The citizens of the Eastern District of Oklahoma are safer because of our men and women in law enforcement who diligently protect and serve. We owe our local, state, tribal, and federal law enforcement officers and agents a profound debt of gratitude, and it is only fitting we honor them this week,” said Acting United States Attorney Christopher J. Wilson.
In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices. Peace Officers Memorial Day, which every year falls on May 15, specifically honors law enforcement officers killed or disabled in the line of duty.
Each year, during National Police Week, our nation celebrates the contributions of law enforcement from around the country, recognizing their hard work, dedication, loyalty, and commitment to keeping our communities safe. This year the COVID-19 pandemic has highlighted law enforcement officers’ courage and unwavering devotion to the communities that they have sworn to serve.
During the Roll Call of Heroes, a ceremony coordinated by the Fraternal Order of Police (FOP), more than 300 officers will be honored. Based on data submitted to and analyzed by the National Law Enforcement Officer Memorial Fund (NLEOMF), of the law enforcement officers who died nationwide in the line of duty in 2020, nearly 60 percent succumbed to COVID-19.
Additionally, according to statistics reported by the Federal Bureau of Investigation (FBI) through the Law Enforcement Officer Killed and Assaulted (LEOKA) Program, 46 law enforcement officers died as a result of felonious acts and 47 died in accidents in 2020. LEOKA statistics can be found on FBI’s Crime Data Explorer website.
The names of the 394 fallen officers who have been added in 2020 to the wall at the National Law Enforcement Officer Memorial will be read on Thursday, May 13, 2021, during a Virtual Candlelight Vigil, which will be livestreamed to the public at 8:00 PM EDT. The Police Week in-person public events, originally scheduled for May, have been rescheduled due to ongoing COVID-19 concerns to October 13-17, 2021. An in-person Candlelight Vigil event is scheduled for October 14, 2021.
Those who wish to view the Virtual Candlelight Vigil on May 13, 2021, can watch on the NLEOMF at https://www.youtube.com/user/TheNLEOMF. The FOP’s Roll Call of Heroes can be viewed at www.fop.net. To view the schedule of virtual Police Week events in May, please view NLEOMF’s Police Week Flyer.
To learn more about National Police Week in-person events scheduled for October, please visit www.policeweek.org.
Braggs Resident Pleads Guilty to Possession of Unregistered Destructive DeviceRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that John Leroy Pruitt, III, age 44, of Braggs, Oklahoma entered a guilty plea to Possession Of Unregistered Firearm (Destructive Device), in violation of Title 26, United States Code, Sections 5861(d), 5841 and 5871, punishable by not more than 120 months’ imprisonment, a fine up to $250,000.00, or both.
The Indictment alleged that on or about January 8, 2020, in the Eastern District of Oklahoma, the defendant, did knowingly possess a destructive device, which is a firearm, as defined in Title 26, United States Code, Section 5845, not registered to him in the National Firearms Registration and Transfer Record.
The charges arose from an investigation by the Muskogee County Sheriff’s Office, the Oklahoma Highway Patrol, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Dean Burris and Assistant United States Attorney Cameron McEwen represented the United States.
Okmulgee County Resident Pleads Guilty to Murder in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Glen Thomas West, age 35, of Okmulgee County, Oklahoma entered a guilty plea to Murder in Indian Country- Second Degree, in violation of Title 18, United States Code, Sections 1111(a) 1151, and 1153, punishable by death or imprisonment for life, a fine up to $250,000.00, or both.
The Indictment alleged that on or about July 10, 2019, within the Eastern District of Oklahoma, in Indian Country, the defendant, an Indian, willfully, deliberately, maliciously, and with premeditation and malice aforethought, did unlawfully kill Edwin Dominic Reid, an Indian, with a firearm.
The charges arose from an investigation by the Henryetta Police Department and the Federal Bureau of Investigation.
The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney David Youll represented the United States.
Eastern District of Oklahoma Federal Grand Jury Hands Down Record Number of IndictmentsRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced the Federal Grand Jury sitting in Muskogee completed a four-day session last Friday and returned ninety felony indictments. Acting United States Attorney Christopher Wilson called the session “historic.”
“The Eastern District of Oklahoma normally prosecutes around one hundred to one hundred-ten felony cases each year,” said Wilson. “During this last grand jury session alone, Assistant United States Attorneys from our office presented ninety cases and the grand jury returned ninety indictments, fourteen of which remain sealed pending arrest of the charged defendants. This is an unprecedented and historic number of indictments for the Eastern District.”
The vast majority of the new filings are crimes arising out of Indian Country. In July 2020, the United States Supreme Court determined in McGirt v. Oklahoma the historical boundaries of the Muscogee (Creek) Nation were never disestablished by Congress and the State of Oklahoma did not have jurisdiction to prosecute Jimcy McGirt for First Degree Rape by Instrumentation, Lewd Molestation and Forcible Sodomy. On March 11, 2021, the Oklahoma Court of Criminal Appeals ruled the Cherokee reservation and the Chickasaw reservation were likewise never disestablished. Similar rulings affecting the Seminole and Choctaw reservations were issued by the Oklahoma Court of Criminal Appeals on April 1, 2021. As a result of these decisions, the United States has primary federal jurisdiction to prosecute major crimes committed by Native Americans or against Native Americans occurring within the twenty-six counties of the Eastern District of Oklahoma.
“It has been our priority to transition defendants in state custody whose charges are being dismissed or convictions set aside as a result of McGirt into federal custody to stand trial in federal court,” said Wilson. “We were able to accomplish that with Jimcy McGirt and he was convicted by a federal jury for his crimes. This same goal has led to the record number of recent indictments.”
Of the seventy-six publicly filed indictments, all but six are violent crimes arising out of Indian Country. Thirty-four are murder charges, fourteen involve sexual assault or exploitation of minors, and the balance contain allegations of child abuse, attempted murder, involuntary manslaughter, felonious assault, robbery, and kidnapping. The six non-Indian Country cases involve illegal possession of narcotics, firearms offenses and failure to register as a sex offender.
The following indictments were returned by the federal grand jury and filed in the United States District Court for the Eastern District of Oklahoma:
Murder:
United States v. Dana Marie Barker - Murder in Indian Country
United States v. Melvin James Battiest – Murder in Perpetration of Robbery in Indian Country
United States v. Cory Dean Boykin – Murder in Indian Country
United States v. Kalup Allen Born – Count 1: Murder in Perpetration of Robbery & Kidnapping in Indian Country, Count 2: First Degree Burglary in Indian Country, Count 3: Robbery in Indian Country, and Count 4: Kidnapping in Indian Country
United States v. Byron Jerome Burton, a/k/a Bryon Burton, a/k/a Byron J. Burton – Count 1: Murder in Perpetration of Robbery in Indian Country and Count 2: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c)
United States v. K C Cole – Count 1: Murder in Indian Country and Count 2: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c)
United States v. Tyrik Da’Shon Cohee – Murder in Indian Country
United States v. Christopher Lynn Collins – Murder in Indian Country – Second Degree
United States v. Charles Michael Cooper – Count 1: Murder in Indian Country, Count 2: Murder in Indian Country in Perpetration of Burglary and Aggravated Sexual Abuse, Count 3: Burglary in the First Degree in Indian Country, Count 4: Aggravated Sexual Abuse in Indian Country, and Count 5: Arson in Indian Country
United States v. Andrew Duncan – Count 1: Murder in Indian Country, Count 2: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence and Count 3: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c)
United States v. Scott Eagle – Count 1: Murder in Indian Country and Count 2: Use, Carry and Brandish a Firearm During and in Relation to a Crime of Violence
United States v. Carlton Dion Franklin – Count 1: Murder in Indian Country, Count 2: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence and Count 3: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c)
United States v. Stormy Seth Gann – Count 1: Murder in Indian Country and Count 2: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c)
United States v. Glen Gore – Count 1: Murder in Indian Country and Count 2: Murder in Perpetration of Rape in Indian Country
United States v. Denise Grass – Murder in Indian Country
United States v. Bobby Joe Hector, Jr. – Murder in Indian Country
United States v. Joseph Allen Hernandez – Count 1: Murder in Indian Country, Count 2: Murder in Indian Country and Count 3: Arson in Indian Country
United States v. Shawn Thomas Jones – Count 1: Murder in Indian Country – Second Degree, Count 2: Murder in Indian Country – Second Degree and Count 3: Driving Under the Influence of Alcohol or Other Intoxicating Substance Resulting in Great Bodily Injury
United States v. Laurie Jean Martin – Murder in Indian Country
United States v. Earl McAlister, Edmon Lee McAlister, Jessie Wayne Hansen Jason Matthew Armstrong, Vanessa Mae Gregory, and Johnatan Allan Caldwell – Count 1: Murder in Indian Country, Count 2: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence, Count 3: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c), Count 4: Accessory After the Fact and Count 5: Conspiracy
United States v. Jessica Tyan Moore – Count 1: Murder in Indian Country and Count 2: Murder in Perpetration of Robbery in Indian Country
United States v. Tyler Jay Mullins – Murder in Indian Country
United States v. Jimmy Louis Northcutt, Jr. (Superseding Indictment) – Count 1: Murder in Indian Country, Count 2: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence, Count 3: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c), Count 4: Burglary in the Second Degree in Indian Country, Count 5: Felon in Possession of a Firearm and Count 6: Possession of Stolen Firearm
United States v. Delila Pacheco – Murder in Perpetration of Child Abuse in Indian Country
United States v. James Eric Parker – Count 1: Murder in Indian Country, Count 2: Murder in Perpetration of Kidnapping in Indian Country, Count 3: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence, Count 4: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c) and Count 5: Kidnapping in Indian Country
United States v. Tyler Presley – Count 1: Murder in Indian Country in Perpetration of Kidnapping, Count 2: Kidnapping in Indian Country Resulting in Death, Count 3: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence and Count 4Interstate Transportation of a Stolen Vehicle
United States v. Cainey Roberts Jr. – Murder in Indian Country
United States v. Clayton Joe Roberts – Murder in Perpetration of Child Abuse in Indian Country
United States v. Richard Wayne Jr. – Murder in Indian Country – Second Degree
United States v. David Glen Thompson – Murder in Indian Country
United States v. Keith Bruno Titsworth – Murder in Indian Country
United States v. Stephen Tanner Vineyard – Count 1: Murder in Indian Country and Count 2: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c)
United States v. Tonya Ann Watie – Count 1: Murder in Indian Country and Count 2: Murder in Perpetration of Burglary in Indian Country
United States v. Brandon Lee White – Count 1: Murder in Indian Country - Second Degree, Count 2: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence, Count 3: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c) and Count 4: Possession of Unregistered Firearm; Felon in Possession of a FirearmSexual Assault:
United States v. Ricky Don Ables, Jr. – Sexual Abuse of a Minor in Indian Country
United States v. Lucas James Blackbird – Sexual Abuse of a Minor in Indian Country
United States v. Keith Elmo Davis - Sexual Abuse of a Minor in Indian Country
United States v. J.D. Hooper Jr. – Count 1: Aggravated Sexual Abuse in Indian Country, Count 2: Aggravated Sexual Abuse in Indian Country, Count 3: Sexual Abuse of a Minor in Indian Country and Count 4: Sexual Abuse of a Minor in Indian Country
United States v. Garrett Joseph Hurst - Sexual Abuse in Indian Country
United States v. Ronnie Lee Lamb – Count 1: Sexual Abuse of a Minor in Indian Country, Count 2: Sexual Abuse of a Minor in Indian Country, Count 3: Sexual Abuse of a Minor in Indian Country, Count 4: Sexual Abuse of a Minor in Indian Country, Count 5: Possession Of Certain Material Involving the Sexual Exploitation of a Minor and Count 6: Transfer of Obscene Material to a Minor
United States v. Matthew Roy Lawson (Superseding Indictment) – Count 1: Aggravated Sexual Abuse in Indian Country, Count 2: Aggravated Sexual Abuse in Indian Country, Count 3:Aggravated Sexual Abuse in Indian Country, Count 4: Aggravated Sexual Abuse in Indian Country, Count 5: Lewd Acts with a Child in Indian Country, Count 6: Sexual Exploitation of a Child/Use of a Child to Produce a Visual Depiction and Count 7: Possession of Certain Material Involving the Sexual Exploitation of a Minor
United States v. Jay Leon McMillan – Count 1: Aggravated Sexual Abuse in Indian Country, Count 2: Aggravated Sexual Abuse in Indian Country, Count 3: Aggravated Sexual Abuse in Indian Country and Count 4: Aggravated Sexual Abuse in Indian Country
United States v. Santiago “Jimmy” Perez III – Count 1: Coercion and Enticement of a Minor, Count 2: Kidnapping in Indian Country and Count 3: Lewd Acts with a Child Under the Age of 12 in Indian Country
United States v. Danny Ray Reisman – Sexual Abuse in Indian Country
United States v. Levi Cody Root, Sr. – Count 1: Aggravated Sexual Abuse in Indian Country, Count 2: Aggravated Sexual Abuse in Indian Country and Count 3: Aggravated Sexual Abuse in Indian Country
United States v. Christopher Cody Eugene Space – Abusive Sexual Contact of a Child Age 12 to 16 Years
United States v. Philip Ryan Stanley – Counts 1-12: Sexual Abuse of a Minor in Indian Country
United States v. Lance Whelchel – Count 1: Sexual Abuse of a Minor in Indian Country and Count 2: Abusive Sexual Contact in Indian CountryOther violent crime in Indian Country:
United States v. Aaron Wayne Adams – Attempted Robbery in Indian Country
United States v. Nika Daniel Alexander – Count 1: Robbery in Indian Country, Count 2: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, Count 3: Use, Carry, and Brandish a Firearm During and in Relation to a Crime of Violence, Count 4: Robbery in Indian Country, Count 5: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country and Count 6: Use, Carry, and Brandish a Firearm During and in Relation to a Crime of Violence
United States v. Bryce Alan Benshoof – Count 1: Assault with Intent to Commit Murder in Indian Country, Count 2: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country and Count 3: Assault Resulting in Serious Bodily Injury in Indian Country
United States v. Kristy Lynn Bitar – Count 1: Attempt to Commit Murder in Indian Country and Count 2: Assault Resulting in Serious Bodily Injury in Indian Country
United States v. Chaland Teddie Lee Caldwell – Count 1: Assault with Intent to Commit Murder in Indian Country, Count 2: Assault with a Dangerous Weapon in Indian Country and Count 3: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence
United States v. Phabian Raphael Flores – Count 1: Robbery in Indian Country and Count 2: Use, Carry, and Brandish a Firearm During and in Relation to a Crime of Violence
United States v. Dion Shane Gilbert – Count 1: Assault of a Spouse, Intimate Partner and Dating Partner by Strangling, Suffocating and Attempting to Strangle and Suffocate in Indian Country, Count 2: Assault by Striking, Beating and Wounding in Indian Country, Count 3: Assault by Striking, Beating and Wounding in Indian Country and Count 4: Assault by Striking, Beating and Wounding in Indian Country
United States v. Nicholas Hammer – Count 1: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country and Count 2: Assault Resulting in Serious Bodily Injury in Indian Country
United States v. Geoffry Hitcher – Count 1: Kidnapping in Indian Country, Count 2: Robbery in Indian Country, Count 3: Assault Resulting in Serious Bodily Injury in Indian Country and Count 4: Assault Resulting in Serious Bodily Injury in Indian Country
United States v. Jonathon Linder – Child Abuse in Indian Country
United States v. Dalton Dwayne Livesay - Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country
United States v. Joseph Eugene Meyer (Superseding Indictment) – Count 1: Kidnapping in Indian Country, Count 2: Assault Resulting in Serious Bodily Injury in Indian Country, Count 3: Use, Carry and Brandish a Firearm During and in Relation to a Crime of Violence and Count 4: Felon in Possession of Firearm
United States v. James Russell Parker – Involuntary Manslaughter in Indian Country
United States v. Daniel Cruz Perez – Manslaughter in Indian Country
United States v. Philip Lee Ramos, a/k/a Phillip Lee Ramos – Robbery in Indian Country
United States v. Robert Dwayne Roberts – Involuntary Manslaughter in Indian Country
United States v. Scotty Lafay Russell – Count 1: Assault with Intent to Commit Murder in Indian Country, Count 2: Assault with Intent to Commit Murder in Indian Country, Count 3: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, Count 4: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, Count 5: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence and Count 6: Felon in Possession of a Firearm
United States v. Robert Dean Smith II – Count 1: Assault with a Dangerous Weapon in Indian Country and Count 2: Assault Resulting in Serious Bodily Injury in Indian Country
United States v. Justin Keith Taylor – Count 1: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, Count 2: Attempted Robbery in Indian Country and Count 3: Simple Assault in Indian Country
United States v. Nawllah S. Tiger and Jason Buck – Count 1: Child Abuse in Indian Country, Count 2: Child Abuse in Indian Country, Count 3: Child Neglect in Indian Country and Count 4: Child Neglect in Indian Country
United States v. Heather Nicole White – Involuntary Manslaughter in Indian Country
United States v. Tanya Michelle Wilson – Kidnapping in Indian CountryNon-Indian Country offenses:
United States v. Eduardo Angel and Jose Ramon Gutierrez, a/k/a Jose Ramon Gutierez – Possession with Intent to Distribute Methamphetamine
United States v. Regina Ballard - Possession with Intent to Distribute Methamphetamine
United States v. Jeremy Chad Gilliland – Possession of a Firearm by a Person Convicted in any Court of a Misdemeanor Crime of Domestic Violence
United States v. Mario Salazar-Mendez - Possession with Intent to Distribute Methamphetamine
United States v. Timothy Allen Stacy, II – Count 1: Possession with Intent to Distribute Methamphetamine, Count 2: Possession of Firearm in Furtherance of Drug Trafficking Crime, Count 3: Possession of Firearm in Furtherance of Drug Trafficking Crime, Count 4: Possession of Unregistered Firearm and Count 5: Felon in Possession of Firearm and Ammunition
United States v. Woodrow Michael Wisdom – Failure to Register as Sex OffenderAn indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Weleetka Resident Sentenced to 13 Months for Abusive Sexual Contact in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Kyle Elliott Leitka, age 31, of Weleetka, Oklahoma, was sentenced to 13 months’ imprisonment and 10 years of supervised release for Abusive Sexual Contact In Indian Country, in violation of Title 18, United States Code, Sections 1151, 1153, 2244(b) and 2246(3). The charges arose from an investigation by the Federal Bureau of Investigation.
The Indictment to which the defendant previously entered a guilty plea alleged that on or about June 22, 2020, within the Eastern District of Oklahoma, in Indian Country, the defendant knowingly engaged and attempted to engage in abusive sexual contact with the victim.
Acting United States Attorney Christopher J. Wilson said, “Touching a child for sexual gratification is inexcusable. It is criminal and morally repugnant. Seeing our most vulnerable being preyed upon is heartbreaking, and it is the goal of the justice system to identify, prosecute and punish those responsible for these reprehensible crimes.”
The Honorable John F. Heil, III, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. Assistant United States Attorney Sarah McAmis represented the United States. Leitka was remanded to the custody of the United States Marshal to await commitment to a United States Bureau of Prisons facility to serve his non-paroleable sentence of incarceration.