Impact Of The McGirt Decision Continuing To Grow In The Eastern District
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced the Federal Grand Jury sitting in Muskogee completed a four-day session last Friday and returned ninety felony indictments. Acting United States Attorney Christopher Wilson called the session “historic."
“The Eastern District of Oklahoma normally prosecutes around one hundred to one hundred-ten felony cases each year," said Wilson. “During this last grand jury session alone, Assistant United States Attorneys from our office presented ninety cases and the grand jury returned ninety indictments, fourteen of which remain sealed pending arrest of the charged defendants. This is an unprecedented and historic number of indictments for the Eastern District."
The vast majority of the new filings are crimes arising out of Indian Country. In July 2020, the United States Supreme Court determined in McGirt v. Oklahoma the historical boundaries of the Muscogee (Creek) Nation were never disestablished by Congress and the State of Oklahoma did not have jurisdiction to prosecute Jimcy McGirt for First Degree Rape by Instrumentation, Lewd Molestation and Forcible Sodomy. On March 11, 2021, the Oklahoma Court of Criminal Appeals ruled the Cherokee reservation and the Chickasaw reservation were likewise never disestablished. Similar rulings affecting the Seminole and Choctaw reservations were issued by the Oklahoma Court of Criminal Appeals on April 1, 2021. As a result of these decisions, the United States has primary federal jurisdiction to prosecute major crimes committed by Native Americans or against Native Americans occurring within the twenty-six counties of the Eastern District of Oklahoma.
“It has been our priority to transition defendants in state custody whose charges are being dismissed or convictions set aside as a result of McGirt into federal custody to stand trial in federal court," said Wilson. “We were able to accomplish that with Jimcy McGirt and he was convicted by a federal jury for his crimes. This same goal has led to the record number of recent indictments."
Of the seventy-six publicly filed indictments, all but six are violent crimes arising out of Indian Country. Thirty-four are murder charges, fourteen involve sexual assault or exploitation of minors, and the balance contain allegations of child abuse, attempted murder, involuntary manslaughter, felonious assault, robbery, and kidnapping. The six non-Indian Country cases involve illegal possession of narcotics, firearms offenses and failure to register as a sex offender.
The following indictments were returned by the federal grand jury and filed in the United States District Court for the Eastern District of Oklahoma:
Murder:
United States v. Dana Marie Barker - Murder in Indian Country
United States v. Melvin James Battiest - Murder in Perpetration of Robbery in Indian Country
United States v. Cory Dean Boykin - Murder in Indian Country
United States v. Kalup Allen Born - Count 1: Murder in Perpetration of Robbery & Kidnapping in Indian Country, Count 2: First Degree Burglary in Indian Country, Count 3: Robbery in Indian Country, and Count 4: Kidnapping in Indian Country
United States v. Byron Jerome Burton, a/k/a Bryon Burton, a/k/a Byron J. Burton - Count 1: Murder in Perpetration of Robbery in Indian Country and Count 2: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c)
United States v. K C Cole - Count 1: Murder in Indian Country and Count 2: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c)
United States v. Tyrik Da’Shon Cohee - Murder in Indian Country
United States v. Christopher Lynn Collins - Murder in Indian Country - Second Degree
United States v. Charles Michael Cooper - Count 1: Murder in Indian Country, Count 2: Murder in Indian Country in Perpetration of Burglary and Aggravated Sexual Abuse, Count 3: Burglary in the First Degree in Indian Country, Count 4: Aggravated Sexual Abuse in Indian Country, and Count 5: Arson in Indian Country
United States v. Andrew Duncan - Count 1: Murder in Indian Country, Count 2: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence and Count 3: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c)
United States v. Scott Eagle - Count 1: Murder in Indian Country and Count 2: Use, Carry and Brandish a Firearm During and in Relation to a Crime of Violence
United States v. Carlton Dion Franklin - Count 1: Murder in Indian Country, Count 2: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence and Count 3: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c)
United States v. Stormy Seth Gann - Count 1: Murder in Indian Country and Count 2: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c)
United States v. Glen Gore - Count 1: Murder in Indian Country and Count 2: Murder in Perpetration of Rape in Indian Country
United States v. Denise Grass - Murder in Indian Country
United States v. Bobby Joe Hector, Jr. - Murder in Indian Country
United States v. Joseph Allen Hernandez - Count 1: Murder in Indian Country, Count 2: Murder in Indian Country and Count 3: Arson in Indian Country
United States v. Shawn Thomas Jones - Count 1: Murder in Indian Country - Second Degree, Count 2: Murder in Indian Country - Second Degree and Count 3: Driving Under the Influence of Alcohol or Other Intoxicating Substance Resulting in Great Bodily Injury
United States v. Laurie Jean Martin - Murder in Indian Country
United States v. Earl McAlister, Edmon Lee McAlister, Jessie Wayne Hansen Jason Matthew Armstrong, Vanessa Mae Gregory, and Johnatan Allan Caldwell - Count 1: Murder in Indian Country, Count 2: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence, Count 3: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c), Count 4: Accessory After the Fact and Count 5: Conspiracy
United States v. Jessica Tyan Moore - Count 1: Murder in Indian Country and Count 2: Murder in Perpetration of Robbery in Indian Country
United States v. Tyler Jay Mullins - Murder in Indian Country
United States v. Jimmy Louis Northcutt, Jr. (Superseding Indictment) - Count 1: Murder in Indian Country, Count 2: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence, Count 3: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c), Count 4: Burglary in the Second Degree in Indian Country, Count 5: Felon in Possession of a Firearm and Count 6: Possession of Stolen Firearm
United States v. Delila Pacheco - Murder in Perpetration of Child Abuse in Indian Country
United States v. James Eric Parker - Count 1: Murder in Indian Country, Count 2: Murder in Perpetration of Kidnapping in Indian Country, Count 3: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence, Count 4: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c) and Count 5: Kidnapping in Indian Country
United States v. Tyler Presley - Count 1: Murder in Indian Country in Perpetration of Kidnapping, Count 2: Kidnapping in Indian Country Resulting in Death, Count 3: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence and Count 4Interstate Transportation of a Stolen Vehicle
United States v. Cainey Roberts Jr. - Murder in Indian Country
United States v. Clayton Joe Roberts - Murder in Perpetration of Child Abuse in Indian Country
United States v. Richard Wayne Jr. - Murder in Indian Country - Second Degree
United States v. David Glen Thompson - Murder in Indian Country
United States v. Keith Bruno Titsworth - Murder in Indian Country
United States v. Stephen Tanner Vineyard - Count 1: Murder in Indian Country and Count 2: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c)
United States v. Tonya Ann Watie - Count 1: Murder in Indian Country and Count 2: Murder in Perpetration of Burglary in Indian Country
United States v. Brandon Lee White - Count 1: Murder in Indian Country - Second Degree, Count 2: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence, Count 3: Causing the Death of a Person in the Course of a Violation of Title 18, U.S.C. 924(c) and Count 4: Possession of Unregistered Firearm; Felon in Possession of a Firearm
Sexual Assault:
United States v. Ricky Don Ables, Jr. - Sexual Abuse of a Minor in Indian Country
United States v. Lucas James Blackbird - Sexual Abuse of a Minor in Indian Country
United States v. Keith Elmo Davis - Sexual Abuse of a Minor in Indian Country
United States v. J.D. Hooper Jr. - Count 1: Aggravated Sexual Abuse in Indian Country, Count 2: Aggravated Sexual Abuse in Indian Country, Count 3: Sexual Abuse of a Minor in Indian Country and Count 4: Sexual Abuse of a Minor in Indian Country
United States v. Garrett Joseph Hurst - Sexual Abuse in Indian Country
United States v. Ronnie Lee Lamb - Count 1: Sexual Abuse of a Minor in Indian Country, Count 2: Sexual Abuse of a Minor in Indian Country, Count 3: Sexual Abuse of a Minor in Indian Country, Count 4: Sexual Abuse of a Minor in Indian Country, Count 5: Possession Of Certain Material Involving the Sexual Exploitation of a Minor and Count 6: Transfer of Obscene Material to a Minor
United States v. Matthew Roy Lawson (Superseding Indictment) - Count 1: Aggravated Sexual Abuse in Indian Country, Count 2: Aggravated Sexual Abuse in Indian Country, Count 3:Aggravated Sexual Abuse in Indian Country, Count 4: Aggravated Sexual Abuse in Indian Country, Count 5: Lewd Acts with a Child in Indian Country, Count 6: Sexual Exploitation of a Child/Use of a Child to Produce a Visual Depiction and Count 7: Possession of Certain Material Involving the Sexual Exploitation of a Minor
United States v. Jay Leon McMillan - Count 1: Aggravated Sexual Abuse in Indian Country, Count 2: Aggravated Sexual Abuse in Indian Country, Count 3: Aggravated Sexual Abuse in Indian Country and Count 4: Aggravated Sexual Abuse in Indian Country
United States v. Santiago “Jimmy" Perez III - Count 1: Coercion and Enticement of a Minor, Count 2: Kidnapping in Indian Country and Count 3: Lewd Acts with a Child Under the Age of 12 in Indian Country
United States v. Danny Ray Reisman - Sexual Abuse in Indian Country
United States v. Levi Cody Root, Sr. - Count 1: Aggravated Sexual Abuse in Indian Country, Count 2: Aggravated Sexual Abuse in Indian Country and Count 3: Aggravated Sexual Abuse in Indian Country
United States v. Christopher Cody Eugene Space - Abusive Sexual Contact of a Child Age 12 to 16 Years
United States v. Philip Ryan Stanley - Counts 1-12: Sexual Abuse of a Minor in Indian Country
United States v. Lance Whelchel - Count 1: Sexual Abuse of a Minor in Indian Country and Count 2: Abusive Sexual Contact in Indian Country
Other violent crime in Indian Country:
United States v. Aaron Wayne Adams - Attempted Robbery in Indian Country
United States v. Nika Daniel Alexander - Count 1: Robbery in Indian Country, Count 2: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, Count 3: Use, Carry, and Brandish a Firearm During and in Relation to a Crime of Violence, Count 4: Robbery in Indian Country, Count 5: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country and Count 6: Use, Carry, and Brandish a Firearm During and in Relation to a Crime of Violence
United States v. Bryce Alan Benshoof - Count 1: Assault with Intent to Commit Murder in Indian Country, Count 2: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country and Count 3: Assault Resulting in Serious Bodily Injury in Indian Country
United States v. Kristy Lynn Bitar - Count 1: Attempt to Commit Murder in Indian Country and Count 2: Assault Resulting in Serious Bodily Injury in Indian Country
United States v. Chaland Teddie Lee Caldwell - Count 1: Assault with Intent to Commit Murder in Indian Country, Count 2: Assault with a Dangerous Weapon in Indian Country and Count 3: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence
United States v. Phabian Raphael Flores - Count 1: Robbery in Indian Country and Count 2: Use, Carry, and Brandish a Firearm During and in Relation to a Crime of Violence
United States v. Dion Shane Gilbert - Count 1: Assault of a Spouse, Intimate Partner and Dating Partner by Strangling, Suffocating and Attempting to Strangle and Suffocate in Indian Country, Count 2: Assault by Striking, Beating and Wounding in Indian Country, Count 3: Assault by Striking, Beating and Wounding in Indian Country and Count 4: Assault by Striking, Beating and Wounding in Indian Country
United States v. Nicholas Hammer - Count 1: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country and Count 2: Assault Resulting in Serious Bodily Injury in Indian Country
United States v. Geoffry Hitcher - Count 1: Kidnapping in Indian Country, Count 2: Robbery in Indian Country, Count 3: Assault Resulting in Serious Bodily Injury in Indian Country and Count 4: Assault Resulting in Serious Bodily Injury in Indian Country
United States v. Jonathon Linder - Child Abuse in Indian Country
United States v. Dalton Dwayne Livesay - Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country
United States v. Joseph Eugene Meyer (Superseding Indictment) - Count 1: Kidnapping in Indian Country, Count 2: Assault Resulting in Serious Bodily Injury in Indian Country, Count 3: Use, Carry and Brandish a Firearm During and in Relation to a Crime of Violence and Count 4: Felon in Possession of Firearm
United States v. James Russell Parker - Involuntary Manslaughter in Indian Country
United States v. Daniel Cruz Perez - Manslaughter in Indian Country
United States v. Philip Lee Ramos, a/k/a Phillip Lee Ramos - Robbery in Indian Country
United States v. Robert Dwayne Roberts - Involuntary Manslaughter in Indian Country
United States v. Scotty Lafay Russell - Count 1: Assault with Intent to Commit Murder in Indian Country, Count 2: Assault with Intent to Commit Murder in Indian Country, Count 3: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, Count 4: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, Count 5: Use, Carry, Brandish and Discharge a Firearm During and in Relation to a Crime of Violence and Count 6: Felon in Possession of a Firearm
United States v. Robert Dean Smith II - Count 1: Assault with a Dangerous Weapon in Indian Country and Count 2: Assault Resulting in Serious Bodily Injury in Indian Country
United States v. Justin Keith Taylor - Count 1: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, Count 2: Attempted Robbery in Indian Country and Count 3: Simple Assault in Indian Country
United States v. Nawllah S. Tiger and Jason Buck - Count 1: Child Abuse in Indian Country, Count 2: Child Abuse in Indian Country, Count 3: Child Neglect in Indian Country and Count 4: Child Neglect in Indian Country
United States v. Heather Nicole White - Involuntary Manslaughter in Indian Country
United States v. Tanya Michelle Wilson - Kidnapping in Indian Country
Non-Indian Country offenses:
United States v. Eduardo Angel and Jose Ramon Gutierrez, a/k/a Jose Ramon Gutierez - Possession with Intent to Distribute Methamphetamine
United States v. Regina Ballard - Possession with Intent to Distribute Methamphetamine
United States v. Jeremy Chad Gilliland - Possession of a Firearm by a Person Convicted in any Court of a Misdemeanor Crime of Domestic Violence
United States v. Mario Salazar-Mendez - Possession with Intent to Distribute Methamphetamine
United States v. Timothy Allen Stacy, II - Count 1: Possession with Intent to Distribute Methamphetamine, Count 2: Possession of Firearm in Furtherance of Drug Trafficking Crime, Count 3: Possession of Firearm in Furtherance of Drug Trafficking Crime, Count 4: Possession of Unregistered Firearm and Count 5: Felon in Possession of Firearm and Ammunition
United States v. Woodrow Michael Wisdom - Failure to Register as Sex Offender
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Source: U.S. Department of Justice, Office of the United States Attorneys
