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McAlester Man Arraigned For Murder Of Man And Two Women In Indian Country

August 01, 2013

Muskogee, Oklahoma - The United States Attorney’s Office for the Eastern District of Oklahoma, announced that on July 30, 2013 DAVID BRIAN MAGNAN, age 51, of McAlester, Oklahoma was arraigned in federal court on the charge of Murder in Indian Country, in violation of Title 18 United States Code, Sections 1111, 1151 and 1153 where he entered a plea of not guilty.

The Complaint was filed on July 25, 2013 alleging that on or about March 3, 2004, within the Eastern District of Oklahoma, the defendant did unlawfully, knowingly and intentionally in a place within the special maritime and territorial jurisdiction of the United States, namely an Indian allotment in Seminole County, Oklahoma, the Indian title to which has not been extinguished, willfully, deliberately, maliciously, and with premeditation and malice aforethought, did unlawfully kill James Howard, Karen Wolf and Lucilla McGirt.

MAGNAN was charged in state court in 2004, where he entered a plea of guilty on May 10, 2013. On appeal the case was overturned because it was determined that the crime occurred on Indian land, therefore the state did not have jurisdiction.

The Honorable Steven P. Shreder, Magistrate Judge for the Eastern District of Oklahoma set the matter for a detention hearing at 10:30 a.m. August, 1, 2013. The defendant was detained and remanded to the custody of the United States Marshal Service.

The charges are a result from an investigation by the Seminole County Sheriff’s Department, the Oklahoma State Bureau of Investigations and the Federal Bureau of Investigation.

Assistant United States Attorney Dean Burris represented the United States.

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