logo
Login Subscribe
Google Play App Store
  • News
    • Obituaries
    • Lifestyle
    • Opinions
  • Sports
  • E-edition
  • Calendar
  • Archives
  • Contact
    • Contact Us
    • Advertisers
    • Form Submission
    • About Us
    • News
      • Obituaries
      • Lifestyle
      • Opinions
    • Sports
    • E-edition
    • Calendar
    • Archives
    • Contact
      • Contact Us
      • Advertisers
      • Form Submission
      • About Us
commentary
June 28, 2023
U.S. Attorney to continue prosecution of McGirt

MUSKOGEE – Last week the Tenth Circuit Court of Appeals issued an opinion reversing the November 2020 federal jury conviction of Jimcy McGirt on two counts of Aggravated Sexual Abuse in Indian Country and one count of Abusive Sexual Contact in Indian Country.

The appellate court determined an improper instruction of law was given to the jury which could have impacted the verdicts and remanded the case to the district court.

“The role of the prosecution is to seek justice under the law,” said United States Attorney Christopher J. Wilson. “We are disappointed by the ruling, but we respect the opinion of the court. If a critical error occurred during the trial, then our goal was not achieved. The United States Attorney’s Office will, however, continue pursuing justice for the victim.”

In 1997, Jimcy Mc-Girt was tried and con-victed of First Degree Rape by Instrumentation, Lewd Molestation, and Forcible Sodomy in the District Court of Wagoner County.

While serving two 500 year sentences and a sentence of life without parole in the Oklahoma Department of Corrections, McGirt, an Indian, challenged his conviction, arguing the crimes occurred in the Muscogee (Creek) Nation Reservation and Congress had never disestablished the reservation, therefore, the State of Oklahoma did not have jurisdiction to prosecute him.

On July 9, 2020, the United States Supreme Court agreed with Mc-Girt and vacated his state convictions.

The Supreme Court ruling meant that crimes involving Native American defendants which happened on reservations are to be tried by the federal government or tribal prosecutors. Several people were released from state custody following the decision and given federal trials.

McGirt was subsequently charged in the United States District Court for the Eastern District of Oklahoma.

In 2021 he was convicted by a federal jury after evidence was presented proving the defendant sexually assaulted a four-year-old child and given a life sentence.

That conviction was overturned a week ago, on June 20, by a federal appeals court, ruling that a trial judge had unfairly limited how the jury could consider inconsistent witness testimony in comparison of the 2020 and the 1997 original trial. The jury should have been allowed to consider the validity of old statements, though they were instructed against that in 2020.

Eufaula Memorial Library
A: Main, news
Eufaula Memorial Library
July 2, 2025
A llama and a youngster got acquainted at a petting zoo at the Eufaula Memorial Library Wednesday, June 25. Dozens of kids and adults enjoyed the llama, goats, donkey and other animals, provided by Ma...
A: Main, news
Eufaula hosting July 4 Celebration
July 2, 2025
Mayor James Hickman and the City of Eufaula are honored to invite residents and visitors to the annual Fourth of July Fireworks Celebration on Friday, July 4. The fireworks will begin shortly after su...
A legacy lives on
A: Main, news
A legacy lives on
By LaDonna Rhodes Staff Writer 
July 2, 2025
Selby Minner’s Celebration of Life on Saturday at the Checotah Performing Arts Center was a beautiful 3-hour-long tribute to an amazing soul who loved the blues and more importantly, loved people. As ...
Lightning strike kills Eufaula woman in cemetery
A: Main, news
Lightning strike kills Eufaula woman in cemetery
By JERRY FINK MANAGING EDITOR 
July 2, 2025
A 57-year-old Eufaula woman was killed by lightning during a routine stroll through a cemetery Friday evening. Joy Ann Rogers was walking through Greenwood cemetery shortly before 7 p.m. when a thunde...
A: Main, news
Native American Arts & Crafts show Saturday
July 2, 2025
Eufaula Indian Community will host an Arts and Crafts show and sale Saturday, July 5 at the IEC Center, 800 Birkes Road, from 10 a.m. to 3 p.m. In addition to this event, a chair volleyball tournament...
Olivia Shackelford honored with 2025 Youth Prevention Award
news
Olivia Shackelford honored with 2025 Youth Prevention Award
July 2, 2025
On June 5, local student Olivia Shackelford of Eufaula was recognized as the recipient of the prestigious 2025 Youth Prevention Award in Oklahoma City at the Heartland Conference. This past week Olivi...
United for Oklahoma
ePaper
google_play
app_store
Editor Picks
Family, friends and fans bid farewell to Blues legend
news
Family, friends and fans bid farewell to Blues legend
By LENORE BECHTEL 
July 2, 2025
Her casket rested below center stage at the Checotah Performing Arts Center, open for friends, fans, and family to view her precious body before her life’s celebration began. No one lingered long. Tha...
Another busy week in the district
commentary
Another busy week in the district
By REP. TIM TURNER 
July 2, 2025
I started last Saturday June 21, bright and early at Stigler Reunion Days. I kicked things off at the Haskell County GOP Tent, answering questions and catching up with friends and supporters. Then I h...
Killing them with kindness
commentary
Killing them with kindness
July 2, 2025
What a month it’s been for me personally and in our close-knit communities. Trying to cope with the loss of loved ones has been extremely difficult and downright demanding. Yet having to come to terms...
‘Big Beautiful Bill’ overhauled in Senate, would cause even more government borrowing
commentary
‘Big Beautiful Bill’ overhauled in Senate, would cause even more government borrowing
By JOE DORMAN OICA CEO 
July 2, 2025
OKLAHOMA CITY – Over the past month, I have highlighted portions of the federal “Big Beautiful Bill” as passed by the U.S. House of Representatives. Currently, the bill is under consideration by the U...
Hays Supports MOHA Executive Order
commentary
Hays Supports MOHA Executive Order
July 2, 2025
OKLAHOMA CITY – Rep. Neil Hays, R-Muskogee, today expressed strong support for Gov. Kevin Stitt’s new “Make Oklahoma Healthy Again” (MOHA) executive order, which targets artificial food additives and ...
Facebook

THE EUFAULA INDIAN JOURNAL
100 N. 2nd Street
Eufaula, OK 74432

(918) 689-2191

This site complies with ADA requirements

© 2023 THE EUFAULA INDIAN JOURNAL

  • Contact
  • Privacy
  • Accessibility Policy