Federal Jury Convicts Stilwell Resident Of Voluntary Manslaughter

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Mose Adam Smith, age 43, of Stilwell, Oklahoma, was found guilty by a federal jury of Voluntary Manslaughter in Indian Country, punishable by up to 15 years imprisonment and a fine up to $250,000.00.

The jury trial began with testimony on April 7, 2025, and concluded on April 10, 2025, with the guilty verdict.

During the trial, the United States presented evidence that on or about July 17, 2023, Smith unlawfully killed an individual during an altercation at the victim’s Sallisaw, Oklahoma residence.  The Government presented evidence that during the altercation, Smith inflicted blunt-force trauma on the victim, and that Smith caused extensive injuries resulting in the death of the victim.  Smith attempted to conceal the victim’s death and fled the state.  The crime occurred in Sequoyah County, within the boundaries of the Cherokee Nation Reservation of Oklahoma, in the Eastern District of Oklahoma.

On March 19, 2025, Co-defendant Kimberly Dawn Ball-Gilbert, age 42, of Stilwell, Oklahoma, pleaded guilty to an Information of one count of Voluntary Manslaughter.  At the plea hearing, Ball-Gilbert admitted to aiding and abetting Smith’s actions in causing the victim’s death.

The guilty verdict was the result of investigations by the Federal Bureau of Investigation, the Sequoyah County Sheriff’s Office, the Grant County, Wisconsin Sheriff’s Office, and the Wisconsin State Crime Laboratory.

The Honorable Ronald A. White, Chief U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, presided over the trial and ordered the completion of a presentence report.  The sentencings for Smith and Ball-Gilbert will be scheduled following completion of the presentence reports. The Court will sentence the defendants after considering the U.S. Sentencing Guidelines and other statutory factors.

Smith and Ball-Gilbert will remain in the custody of the United States Marshals until sentencing.

Assistant U.S. Attorneys Patrick M. Flanigan and Lewis M. Reagan represented the United States.