A federal jury in Muskogee, Oklahoma, has found Mose Adam Smith, 43, of Stilwell, Oklahoma, guilty of voluntary manslaughter in Indian Country. The charge carries a maximum penalty of 15 years in prison and up to a $250,000 fine. The United States Attorney’s Office for the Eastern District of Oklahoma announced the conviction.
The trial commenced on April 7, 2025, and concluded with a guilty verdict on April 10, 2025. Evidence presented by the prosecution showed that on July 17, 2023, Smith was involved in an altercation at a residence in Sallisaw, Oklahoma. During the confrontation, Smith inflicted blunt-force trauma on the victim, causing extensive injuries leading to death. Smith then attempted to conceal the death and fled the state.
The incident took place in Sequoyah County, within the Cherokee Nation Reservation, in the Eastern District of Oklahoma. Kimberly Dawn Ball-Gilbert, 42, also from Stilwell, Oklahoma, co-defendant in the case, had previously pleaded guilty on March 19, 2025, to one count of voluntary manslaughter. During her plea hearing, Ball-Gilbert admitted to aiding and abetting Smith.
The investigation that led to the conviction was conducted by the Federal Bureau of Investigation, the Sequoyah County Sheriff’s Office, Grant County, Wisconsin Sheriff’s Office, and the Wisconsin State Crime Laboratory.
Chief U.S. District Judge Ronald A. White presided over the case. Sentencing for Smith and Ball-Gilbert will occur after the completion of presentence reports, taking into account the U.S. Sentencing Guidelines and other factors. Meanwhile, both defendants will remain in the custody of the United States Marshals.
The case was prosecuted by Assistant U.S. Attorneys Patrick M. Flanigan and Lewis M. Reagan.
