Henryetta Resident Found Guilty By Federal Jury Of Sexual Abuse Of Child

MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Kendall Len Burgess, age 22, of Henryetta, Oklahoma was found guilty by a federal jury of Aggravated Sexual Abuse in Indian Country, in violation of Title 18, United States Code, Sections 1151, 1153, 2241(c) and 2246(2)(B) and Abusive Sexual Contact in Indian Country, in violation of Title 18, United States Code, Sections 1151, 1153, 2244(a)(5) and 2246(3). The defendant was acquitted on one count of Assault by Striking, Beating, or Wounding in Indian Country. The jury trial began with testimony on Monday, July 19, 2021 and concluded on Wednesday, July 21, 2021 with the guilty verdicts. The defendant is facing imprisonment for not less than 30 years to life for the crimes the jury found he committed.

During the trial, the United States presented evidence that the defendant was romantically involved with the minor victim's adult sister, with whom he shared two children. During the Spring of 2019, while living with the victim's family, the defendant perpetrated various sexual acts on the seven-year-old victim. The child's disclosure of the sexual abuse led to state court charges being filed against the defendant. The defendant failed to appear to answer those charges and was apprehended by law enforcement after high-speed chases through both Tulsa and Okmulgee County.

The United States Attorney’s Office for the Eastern District of Oklahoma ultimately prosecuted the case because the defendant is a member of a federally-recognized Indian tribe and the crime occurred in Okmulgee County, within the boundaries of the Muscogee (Creek) Nation, and within the Eastern District of Oklahoma.

The guilty verdicts were the result of an investigation by the Henryetta Police Department, Okmulgee County Sheriff’s Office, and the Federal Bureau of Investigation.

The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Burgess was remanded to the custody of the United States Marshal pending the imposition of sentencing.

Special Assistant United States Attorney L.C. Wright and Assistant United States Attorney Edith Singer represented the United States.