United States Attorney's Office For The Eastern District Of Oklahoma Obtains Twenty-Eight Indictments From Federal Grand Juries

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced federal grand juries sitting in Muskogee recently completed two separate July sessions and returned twenty-eight (five under seal) felony indictments, including six superseding indictments.

The Eastern District of Oklahoma has experienced a dramatic increase in Indian Country cases for federal prosecution due to the U.S. Supreme Court decision of McGirt v. Oklahoma and recent Oklahoma Court of Criminal Appeals rulings. These opinions determined the reservations of the Five Civilized Tribes were never disestablished by Congress, and therefore, the United States has primary federal jurisdiction to prosecute major crimes committed by—or against—Native Americans occurring within the 26 counties of the Eastern District of Oklahoma. In response to the caseload rise, a second grand jury was empaneled in the Eastern District in the month of July. 

From the two grand jury sessions in July, twenty-three indictments were publicly filed and five remain sealed pending arrest of the charged defendants. All but three of the unsealed charges involve crimes arising out of Indian Country. Four of the unsealed indictments are for murder or involuntary manslaughter, six are for sex crimes, and the balance contain allegations of assault with a dangerous weapon or resulting in serious bodily injury, assault with intent to commit murder, kidnapping, burglary, firearm violations, and robbery. The three unsealed non-Indian Country indictments involve possession with intent to distribute methamphetamine and firearm violations.

The following indictments were returned by the federal grand juries and filed in the United States District Court for the Eastern District of Oklahoma. The information listed in brackets is the county and reservation where the crime(s) allegedly occurred.

Murder:

United States v. Wendy Dawn Johnson – Count 1: Involuntary Manslaughter in Indian Country, 18 U.S.C. §§ 1112, 1151 & 1153 [McIntosh County – Muscogee (Creek) Nation Reservation]

United States v. Tyler Jay Mullins (superseding indictment) – Count 1: Murder in Indian Country, 18 U.S.C. §§ 1111(a), 1151 & 1153; Count 2: Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence, 18 U.S.C. §§ 924(c)(1)(A)(i),(ii) & (iii); Count 3: Causing the Death and Murder of a Person in the Course of a Violation to Title 18 U.S.C. § 924(c), 18 U.S.C. § 924(j)(1) [Pontotoc County – Chickasaw Nation Reservation]

United States v. Michael Lee Wolfe and Carlos Allen Locust (superseding indictment) – Count 1: Murder in Indian Country – 18 U.S.C. §§ 1111(a), 1151, 1153 & 2 [Adair County – Cherokee Nation Reservation]

United States v. Allysa Lynn Turner –  Count 1: Murder in Indian Country, 18 U.S.C. §§ 1111(a), 1151 & 1152; Count 2: Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence, 18 U.S.C. § 924(c)(1)(A)(i)(ii)(iii); Count 3: Causing the Death of a Person in the Course of a Violation to Title 18, United States Code, Section 924(c), 18 U.S.C. § 924(j)(1); Forfeiture Allegation, 18 U.S.C. § 924(d) & 28 U.S.C. § 2461(c) [Latimer County – Choctaw Nation Reservation]

Sexual Assault:

United States v. Jimmy Dean Altom – Count 1: Aggravated Sexual Abuse of a Child in Indian Country, 18 U.S.C. §§ 2241(c) 2246(2)(D), 1151 & 1152; Count 2: Sexual Abuse of a Minor in Indian Country, 18 U.S.C. §§ 2243(a), 2246(2)(A), 1151 & 1152; Count 3: Sexual Abuse in Indian Country, 18 U.S.C. §§ 2242(1), 2246(2)(A), 1151 & 1152; Count 4: Sexual Abuse of a Minor in Indian Country, 18 U.S.C. §§ 2243(a), 2246(2)(D), 1151 & 1152 [Atoka County– Choctaw Nation Reservation]

United States v. Dallas Tyler Ewton –  Counts 1 and 2: Aggravated Sexual Abuse of a Child in Indian Country, §§ 1151, 1153, 2241(c) & 2246(2)(B); Count 3: Aggravated Sexual Abuse of a Child in Indian Country, 18 U.S.C. §§ 1151, 1153, 2241(a) & 2246(2)(C); Counts 4 and 5: Aggravated Sexual Abuse of a Child in Indian Country, 18 U.S.C. §§ 1151, 1153, 2241(a) & 2246(2)(B); Count 6: Aggravated Sexual Abuse of a Child in Indian Country, 18 U.S.C. §§ 1151, 1153, 2241(a) & 2246(2)(C); Counts 7 and 8: Sexual Abuse of a Minor in Indian Country, 18 U.S.C. §§ 1151, 1153, 2243(a) & 2246(2)(B); Count 9: Sexual Abuse of a Minor in Indian Country, 18 U.S.C. §§ 1151, 1153, 2243(a) & 2246(2)(C); Counts 10 and 11: Sexual Abuse of a Ward in Indian Country, 18 U.S.C. §§ 1151, 1153, 2243(b) & 2246(2)(B); Count 12: Sexual Abuse of a Ward in Indian Country, 18 U.S.C. §§ 1151, 1153, 2243(b) & 2246(2)(C); Counts 13 and 14: Abusive Sexual Contact in Indian Country, 18 U.S.C. §§ 1151, 1153, 2244(a)(3) & 2246(3); Counts 15 and 16: Abusive Sexual Contact in Indian Country, 18 U.S.C. §§ 1151, 1153, 2244(a)(4) & 2246(3); Count 17: Tampering with a Witness in Indian Country, 18 U.S.C. §§ 1151, 1153 & 1512(a)(2)(c) [Okmulgee County – Muscogee (Creek) Nation Reservation]

United States v. Damian Wade Baldridge – Counts 1, 3 and 6: Assault Resulting in Serious Bodily Injury in Indian Country, 18 U.S.C. §§ 113(a)(6), 1151 & 1153; Counts 2 and 5: Assault Resulting in Substantial Bodily Injury to a Spouse, Intimate Partner or Dating Partner in Indian Country, 18 U.S.C. §§ 113(a)(7), 1151 & 115; Count 4: Kidnapping in Indian Country, 18 U.S.C. §§ 1201 (a)(2), 1151 & 1153; Count 7: Aggravated Sexual Abuse in Indian Country, 18 U.S.C. §§ 1151, 1153, 2241(a) & 2246 (2)(C)  [Cherokee County – Cherokee Nation Reservation]

United States v. Levi Cody Root, Sr. (superseding indictment) – Count 1: Aggravated Sexual Abuse in Indian Country, 18 U.S.C. §§ 2241(c), 2246(2)(A), 1151 & 1152; Count 2: Aggravated Sexual Abuse in Indian Country, 18 U.S.C. §§ 2241(c), 2246(2)(B), 1151 & 1152; Count 3: Aggravated Sexual Abuse in Indian Country, 18 U.S.C. §§ 2241(c), 2246(2)(D), 1151 & 1153; Count 4: Sexual Abuse of a Minor in Indian Country, 18 U.S.C. §§ 2243, 2246(2)(B), 1151 & 1152; Count 5: Sexual Abuse of a Minor in Indian Country, 18 U.S.C. §§ 2243, 2246(2)(D), 1151 & 1152 [Seminole County – Seminole Nation Reservation]

United States v. Tyler James Stephens (second superseding indictment) – Count 1: Stalking, 18 U.S.C. § 2261(2)(B); Count 2: Extortionate Interstate Communications, 18 U.S.C. § 875(d); Counts 3 and 4: Video Voyeurism in Indian Country (Misdemeanor), 18 U.S.C. §§ 1151, 1152 & 1801(a); Count 5: Attempted First Degree Burglary in Indian Country, 18 U.S.C. §§ 1151, 1153 & 21 O.S.A. §§ 44 & 1431; Count 6: Attempted Sexual Abuse in Indian Country, 18 U.S.C. §§ 2242(1), 2246(2)(A), 1151 & 1153; Counts 7 and 8: First Degree Burglary in Indian Country, 18 U.S.C. §§ 1151, 1153 & 21 O.S.A. § 1431 [McIntosh County – Muscogee (Creek) Nation Reservation]

United States v. Brooke Lynn Davidson and Henry Charles Littlebear Redhat (superseding indictment) – Count 1: Child Neglect in Indian Country, 18 U.S.C. §§ 1151 & 1153 & 21 O. S. A. § 843.5(C); Count 2: Sexual Abuse in Indian Country, 18 U.S.C. §§ 2242(2), 2246(2)(A), 1151 & 1153; Count 3: Sexual Abuse in Indian Country, 18 U.S.C. §§ 2242(2), 2246(2)(B), 1151 & 1153; Count 4: Abusive Sexual Contact in Indian Country, 18 U.S.C. §§ 2244(a)(2), 2246(3), 1151 & 1153 [Carter County – Chickasaw Nation Reservation]

Other violent crime in Indian Country:

United States v. v. Francisco Perez – Count 1: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, 18 U.S.C. §§ 113(a)(3), 1151 & 1152; Count 2: Assault Resulting in Serious Bodily Injury in Indian Country, 18 U.S.C. §§ 113(a)(6), 1151 & 1152; Count 3: Use, Carry, Brandish, and Discharge of a Firearm During and in Relation to a Crime of Violence, 18 U.S.C. §§ 924(c)(1)(A)(i)(ii)(iii); Forfeiture Allegation, 18 U.S.C. § 924(d) & 28 U.S.C. § 2461(c) [Leflore County – Choctaw Nation Reservation]

United States v. Lakota Watson – Count 1: Assault Resulting in Serious Bodily Injury in Indian Country, 18 U.S.C. §§ 113(a)(6), 1151 & 1153; Count 2: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, 18 U.S.C. §§ 113(a)(3), 1151 & 1153; Count 3: Use, Carry, Brandish and Discharge of a Firearm During and in Relation to a Crime of Violence, 18 U.S.C. §§ 924(c)(1)(A)(i),(ii),(iii) [Okmulgee County – Muscogee (Creek) Nation Reservation]

United States v. Andre Lavell Tatum – Count 1: Assault with Intent to Murder in Indian Country, 18 U.S.C. §§ 113(a)(1), 1151, & 1152; Count 2: Assault with a Dangerous Weapon in Indian Country, 18 U.S.C. §§ 113(a)(1), 1151 & 1152; Count 3: Discharging a Firearm during a Crime of Violence, 18 U.S.C. § 942(c)(1)(A)(iii) [Muskogee County – Muscogee (Creek) Nation Reservation]

United States v. Shawn Claude Rose –  Count: 1 Assault with a Dangerous Weapon in Indian Country, 18 U.S.C. §§ 113(a)(3), 1151 & 1153; Count 2: Assault Resulting in Serious Bodily Injury In Indian Country, 18 U.S.C. §§ 113(a)(6), 1151 and 1153; Count 3: Assault with a Dangerous, with Intent to do Great Bodily Harm in Indian Country, 18 U.S.C. §§ 113(a)(3), 1151 & 1153; Count 4: Assault Resulting in Serious Bodily Injury In Indian Country, 18 U.S.C. §§ 113(a)(6), 1151 & 1153 [Adair County – Cherokee Nation Reservation]

United States v. Shawn Claude Rose - Count 1: Assault with Intent to Commit Murder in Indian Country, 18 U.S.C. §§ 113(a)(1), 1151 & 1153; Count 2: Assault with a Dangerous Weapon in Indian Country, 18 U.S.C. §§ 113(a)(3), 1151 & 1153; Count 3: Assault Resulting in Serious Bodily Injury in Indian Country, 18 U.S.C. §§ 113(a)(6), 1151 & 1153; Count 4: Assault with a Dangerous Weapon in Indian Country, 18 U.S.C. §§ 113(a)(3), 1151 & 1153; Count 5: Assault Resulting in Serious Bodily Injury in Indian Country, 18 U.S.C. §§ 113(a)(6), 1151 & 1153; Count 6: Use, Carry, Brandish, and Discharge of a Firearm During and in Relation to a Crime of Violence, 18 U.S.C. § 924(c)(1)(A)(i)(ii)(iii) [Adair County – Cherokee Nation Reservation]

United States v. Nathan Delann Horner – Count 1: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, 18 U.S.C. §§ 113(a)(3), 1151 & 1152; Count 2: Assault Resulting in Serious Bodily Injury in Indian Country, 18 U.S.C. §§ 113(a)(6), 1151 & 1153 [Bryan County – Choctaw Nation Reservation]

United States v. Antonio Morice Brooks –  Count 1: Assault with Intent to Commit Murder in Indian Country, 18 U.S.C. §§ 113(a)(1), 1151 & 1152; Count 2: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, 18 U.S.C. §§ 113(a)(3), 1151 & 1152; Count 3: Use, Carry, Brandish, and Discharge of a Firearm During and in Relation to a Crime of Violence, 18 U.S.C. §§ 924(c)(1)(A)(i)(ii)(iii); Count 4: Felon in Possession of Ammunition, 18 U.S.C. §§ 922(g)(1) & 924(a)(2) [Atoka County –  Choctaw Nation Reservation]

United States v. Aaron Isaiah Johnson  (superseding indictment) –  Count 1: Kidnapping in Indian Country, 18 U.S.C. §§ 1201(a)(2), 1151, 1153 & 1201(a)(2) & 2; Count 2: Robbery in Indian Country, 18 U.S.C. §§ 2111, 1151, 1153 & 2; Count 3: Use, Carry and Brandish of Firearm During and in Relation to a Crime of Violence, 18 U.S.C. §§ 924(c)(1)(A) & (ii) & 2; Count 4: Conspiracy to Commit Robbery in Indian Country, 18 U.S.C. § 371; Count 5: Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country, 18 U.S.C. §§ 113(a)(3), 1151, 1153 & 2; Count 6: Robbery in Indian Country, 18 U.S.C. §§ 2111, 1151, 1153 & 2; Count 7: Use, Carry and Brandish of Firearm During and in Relation to a Crime of Violence, 18 U.S.C. §§ 924(c)(1)(A)(i) & (ii) & 2; Count 8: Burglary in the Second Degree in Indian Country, 18 U.S.C. §§ 1151, 1153 & 21 O.S.A. § 1435(A); Count 9: Burglary in the Second Degree in Indian Country, 18 U.S.C. §§ 1151, 1153 & 21 O.S.A. § 1435(A) [Muskogee County and Wagoner County –  Muscogee (Creek) Nation Reservation]

United States v. Kaleb Lee Oss – Count 1: Assault Resulting in Serious Bodily Injury, 18 U.S.C. §§ 113(a)(6), 1151 & 1153 [Pittsburg County – Choctaw Nation Reservation]

United States v. Kaleb Lee Oss - Count 1: First Degree Burglary in Indian Country, Title 18 U.S.C. §§ 13, 1151, 1153 & 21 O.S.A. § 1431; Count 2: Robbery in Indian Country, 18 U.S.C. §§ 2111, 1151 & 1153; Count 3: Use, Carry, and Brandish a Firearm During and in Relation to a Crime of Violence, 18 U.S.C. §§ 924(c)(1)(A)(i)(ii), 1151 & 1153; Count 4: Felon in Possession of a Firearm, 18 U.S.C. §§ 922(g)(1) & 924(a)(2); [Pittsburg County –  Choctaw Nation Reservation]

Non-Indian Country offenses:

United States v. Jagger Levi Gordon – Count 1: Possession with Intent to Distribute Methamphetamine, 21 U.S.C. § 841(b)(1)(B)(viii); Count 2: Use/Discharge of Firearm During and in Relation to Drug Trafficking Offense; 18 U.S.C. § 924(c)(1)(A); Count 3: Possession of Firearm w/ Silencer in Furtherance of Drug Trafficking Offense, 18 U.S.C. § 924(c)(1)(B); Count 4: Possession of Firearm by a Felon, 18 U.S.C. § 922(g)(1); Count 5: Possession of Unregistered Firearm Silencer, 26 U.S.C. § 5861(d) [Okmulgee County]

United States v. Jeremy Don Harrison – Count 1: Possession with Intent to Distribute Methamphetamine, 21 U.S.C. §§ 841(a)(1), 841(b)(1)(c) & 2; Count 2: Possession of a Firearm in Furtherance of a Drug Trafficking Crime, 18 U.S.C. §§ 924(c)(1)(A), & 2; Count 3: Felon in Possession of a Firearm, 18 U.S.C. §§ 922(g)(1) & 924(a)(2); Count 4: Possession of a Stolen Firearm, 18 U.S.C. §§ 922(j) & 924(a)(2) & 2 [Seminole County]

United States v. Jeremy Chad Gilliland (superseding indictment) – Count 1: Possession of a Firearm by a Person Convicted in any Court of a Misdemeanor Crime of Domestic Violence, 18 U.S.C. §§ 922(g)(9) & 924(a)(2); Count 2: Possession of Unregistered Firearm, 26 U.S.C. §§ 5845, 5861(d) & 5871; Forfeiture Allegation – 18 U.S.C. § 924(d) & 28 U.S.C. § 2461(c) [Carter County]

An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.