Federal grand jury hands down record number of indictments as a result of McGirt decision

Wooden gavel

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 90 felony indictments. Acting United States Attorney Christopher Wilson called the session “historic.”

“The Eastern District of Oklahoma normally prosecutes around 100 to 110 felony cases each year,” Wilson said. “During this last grand jury session alone, assistant United States attorneys from our office presented 90 cases and the grand jury returned 90 indictments, 14 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, 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. 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 26 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,” Wilson said. “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 76 publicly filed indictments, all but six are violent crimes arising out of Indian Country. Thirty-four are murder charges, 14 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.

• Melvin James Battiest – Murder in perpetration of robbery in Indian Country.

• Cory Dean Boykin – Murder in Indian Country.

• Kalup Allen Born – Murder in perpetration of robbery & kidnapping in Indian Country, first degree burglary in Indian Country, robbery in Indian Country, kidnapping in Indian Country.

• Byron Jerome Burton, aka Bryon Burton, aka Byron J. Burton – Murder in perpetration of robbery in Indian Country, causing the death of a person in the course of a violation of Title 18, U.S.C. 924(c).

• KC Cole – Murder in Indian Country, causing the death of a person in the course of a violation of Title 18, U.S.C. 924(c).

• Tyrik Da'Shon Cohee – Murder in Indian Country.

• Christopher Lynn Collins – Murder in Indian Country - second degree.

• Charles Michael Cooper – Murder in Indian Country, Murder in Indian Country in perpetration of burglary and aggravated sexual abuse, burglary in the first degree in Indian Country, aggravated sexual abuse in Indian Country, arson in Indian Country.

• Andrew Duncan – Murder in Indian Country, use, carry, brandish and discharge a firearm during and in relation to a crime of violence, causing the death of a person in the course of a violation of Title 18, U.S.C. 924(c).

• Scott Eagle – Murder in Indian Country, use, carry and brandish a firearm during and in relation to a crime of violence.

• Carlton Dion Franklin – Murder in Indian Country, use, carry, brandish and discharge a firearm during and in relation to a crime of violence, causing the death of a person in the course of a violation of Title 18, U.S.C. 924(c).

• Stormy Seth Gann – Murder in Indian Country, causing the death of a person in the course of a violation of Title 18, U.S.C. 924(c).

• Glen Gore – Murder in Indian Country, murder in perpetration of rape in Indian Country.

• Denise Grass – Murder in Indian Country.

• Bobby Joe Hector, Jr. – Murder in Indian Country.

• Joseph Allen Hernandez – Murder in Indian Country (two counts), arson in Indian Country.

• Shawn Thomas Jones – Murder in Indian Country - second degree (two counts), driving under the influence of alcohol or other intoxicating substance resulting in great bodily injury.

• Laurie Jean Martin – Murder in Indian Country.

• Earl McAlister, Edmon Lee McAlister, Jessie Wayne Hansen Jason Matthew Armstrong, Vanessa Mae Gregory, and Johnatan Allan Caldwell – Murder in Indian Country, use, carry, brandish and discharge a firearm during and in relation to a crime of violence, causing the death of a person in the course of a violation of Title 18, U.S.C. 924(c), accessory after the fact, conspiracy.

• Jessica Tyan Moore – Murder in Indian Country, murder in perpetration of robbery in Indian Country.

• Tyler Jay Mullins – Murder in Indian Country.

• Jimmy Louis Northcutt, Jr. (Superseding Indictment) – Murder in Indian Country, use, carry, brandish and discharge a firearm during and in relation to a crime of violence, causing the death of a person in the course of a violation of Title 18, U.S.C. 924(c), burglary in the second degree in Indian Country, felon in possession of a firearm, possession of stolen firearm.

• Delila Pacheco – Murder in perpetration of child abuse in Indian Country.

• James Eric Parker – Murder in Indian Country, murder in perpetration of kidnapping in Indian Country, use, carry, brandish and discharge a firearm during and in relation to a crime of violence, causing the death of a person in the course of a violation of Title 18, U.S.C. 924(c), kidnapping in Indian Country.

• Tyler Presley – Murder in Indian Country in perpetration of kidnapping, kidnapping in Indian Country resulting in death, use, carry, brandish and discharge a firearm during and in relation to a crime of violence, interstate transportation of a stolen vehicle.

• Cainey Roberts Jr. – Murder in Indian Country.

• Clayton Joe Roberts – Murder in perpetration of child abuse in Indian Country.

• Richard Wayne Jr. – Murder in Indian Country – second degree.

• David Glen Thompson – Murder in Indian Country.

• Keith Bruno Titsworth – Murder in Indian Country.

• Stephen Tanner Vineyard – Murder in Indian Country, causing the death of a person in the course of a violation of Title 18, U.S.C. 924(c).

• Tonya Ann Watie – Murder in Indian Country, murder in perpetration of burglary in Indian Country.

• Brandon Lee White – Murder in Indian Country - second degree, use, carry, brandish and discharge a firearm during and in relation to a crime of violence, causing the death of a person in the course of a violation of Title 18, U.S.C. 924(c), 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.

• Lucas James Blackbird – Sexual abuse of a minor in Indian Country.

• Keith Elmo Davis - Sexual abuse of a minor in Indian Country.

• J.D. Hooper Jr. – Aggravated sexual abuse in Indian Country (two counts), sexual abuse of a Minor in Indian Country (two counts).

• Garrett Joseph Hurst - Sexual abuse in Indian Country.

• Ronnie Lee Lamb – Sexual abuse of a minor in Indian Country (four counts), possession of certain material involving the sexual exploitation of a minor, transfer of obscene material to a minor.

• Matthew Roy Lawson (Superseding Indictment) – Aggravated sexual abuse in Indian Country (four counts), lewd acts with a child in Indian Country, sexual exploitation of a child/use of a child to produce a visual depiction, possession of certain material involving the sexual exploitation of a minor.

• Jay Leon McMillan – Aggravated sexual abuse in Indian Country (four counts).

• Santiago “Jimmy” Perez III – Coercion and enticement of a minor, kidnapping in Indian Country, lewd acts with a child under the age of 12 in Indian Country.

• Danny Ray Reisman – Sexual abuse in Indian Country.

• Levi Cody Root, Sr. – Aggravated sexual abuse in Indian Country (three counts).

• Christopher Cody Eugene Space – Abusive sexual contact of a child Age 12 to 16 years.

• Philip Ryan Stanley – Sexual abuse of a minor in Indian Country (12 counts).

• Lance Whelchel – Sexual abuse of a minor in Indian Country, abusive sexual contact in Indian Country.

Other violent crime in Indian Country

United States v.:

• Aaron Wayne Adams – Attempted robbery in Indian Country.

• Nika Daniel Alexander – Robbery in Indian Country, assault with a dangerous weapon with Intent to do bodily harm in Indian Country (two counts), use, carry, and brandish a firearm during and in relation to a crime of violence (two counts).

• Bryce Alan Benshoof – Assault with intent to commit murder in Indian Country, assault with a dangerous weapon with intent to do bodily harm in Indian Country, assault resulting in serious bodily injury in Indian Country.

• Kristy Lynn Bitar – Attempt to commit murder in Indian Country, assault resulting in serious bodily injury in Indian Country.

• Chaland Teddie Lee Caldwell – Assault with intent to commit Murder in Indian Country, assault with a dangerous weapon in Indian Country, use, carry, brandish and discharge a firearm during and in relation to a crime of violence.

• Phabian Raphael Flores – Robbery in Indian Country, use, carry, and brandish a firearm during and in relation to a crime of violence.

• Dion Shane Gilbert – Assault of a spouse, intimate partner and dating partner by strangling, suffocating and attempting to strangle and suffocate in Indian Country, assault by striking, beating and wounding in Indian Country (three counts).

• Nicholas Hammer – Assault with a dangerous weapon with intent to do bodily harm in Indian Country, assault resulting in serious bodily injury in Indian Country.

• Geoffry Hitcher – Kidnapping in Indian Country, robbery in Indian Country, assault resulting in serious bodily injury in Indian Country, assault resulting in serious bodily injury in Indian Country.

• Jonathon Linder – Child abuse in Indian Country.

• Dalton Dwayne Livesay — Assault with a dangerous weapon with intent to do bodily harm in Indian Country.

• Joseph Eugene Meyer (Superseding Indictment) – Kidnapping in Indian Country, assault resulting in serious bodily injury in Indian Country, use, carry and brandish a firearm during and in relation to a crime of violence, felon in possession of firearm.

• James Russell Parker – Involuntary manslaughter in Indian Country.

• Daniel Cruz Perez – Manslaughter in Indian Country.

• Philip Lee Ramos, aka Phillip Lee Ramos – Robbery in Indian Country.

• Robert Dwayne Roberts – Involuntary manslaughter in Indian Country.

• Scotty Lafay Russell – Assault with intent to commit murder in Indian Country (two counts), assault with a dangerous weapon with intent to do bodily harm in Indian Country (two counts), use, carry, brandish and discharge a firearm during and in relation to a crime of violence, felon in possession of a firearm.

• Robert Dean Smith II – Assault with a dangerous weapon in Indian Country, assault resulting in serious bodily injury in Indian Country;

• Justin Keith Taylor – Assault with a dangerous weapon with intent to do bodily harm in Indian Country, attempted robbery in Indian Country, simple assault in Indian Country.

• Nawllah S. Tiger and Jason Buck – Child abuse in Indian Country (two counts), child neglect in Indian Country (two counts).

• Heather Nicole White – Involuntary manslaughter in Indian Country.

• Tanya Michelle Wilson – Kidnapping in Indian Country.

Non-Indian Country offenses

United States v.:

• Eduardo Angel and Jose Ramon Gutierrez, aka Jose Ramon Gutierez – Possession with intent to distribute methamphetamine.

• Regina Ballard — Possession with intent to distribute methamphetamine.

• Jeremy Chad Gilliland – Possession of a firearm by a person convicted in any court of a misdemeanor crime of domestic violence.

• Mario Salazar-Mendez — Possession with intent to distribute methamphetamine.

• Timothy Allen Stacy, II – Possession with intent to distribute methamphetamine, possession of firearm in furtherance of drug trafficking crime (two counts), possession of unregistered firearm, felon in possession of firearm and ammunition.

• 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.

React to this story:

0
0
0
0
0

Trending Video

Recommended for you