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
Federal jury finds Kirby guilty of involuntary manslaughter
news
July 5, 2023
Federal jury finds Kirby guilty of involuntary manslaughter
By Bennett Brinkman NonDoc.com,

MUSKOGEE — After nearly five hours of deliberation on Wednesday, June 28, a federal jury found twice-re signed politician Dan Kirby guilty of involuntary manslaughter in the July 2022 motorcycle wreck that killed his girlfriend, Sheryl Bichsel.

When the verdict was read in U.S. District Judge John F. Heil III’s courtroom, Kirby closed his eyes. Members of his family gasped and cried quietly.

Others, although quiet in the courtroom, celebrated the conviction later.

“I think that his actions needed some type of consequence, and that happened,” said Stephanie Winesburg, Bichsel’s daughter. “I don’t feel like anybody’s a winner in this situation, because my mom is still not here. But I’m still happy that there is a consequence so that it won’t happen again.”

A sentencing hearing for Kirby was not immediately set. In federal court, involuntary manslaughter carries a maximum sentence of up to eight years in prison.

To affirm the unanimity of the verdict, Heil made each juror verbally state that they considered Kirby to be guilty.

Over the three-day trial, prosecutors convinced the 12 jurors beyond a reasonable doubt that Kirby, 65, was intoxicated to the point of impairment when he drove off a road and wrecked his motorcycle near Checotah after a day of partying with friends. Bichsel, who was not wearing a helmet, flew off the back of Kirby’s motorcycle and died the next day at a Tulsa hospital.

Kirby’s trial began Monday with testimony from three witnesses called by the United States government, which prosecuted the case owing to Kirby’s citizenship of the Muscogee (Creek) Nation. Monday’s witnesses were OSBI criminologist Garry Metcalfe (who testified as a toxicology expert), Janann Geis (a friend of Kirby and Bi-chsel who witnessed the wreck) and Oklahoma Highway Patrol trooper Charles Epley (who responded to the wreck).

Kirby’s lawyer, John Campbell, attempted to poke holes in Epley’s testimony in particular, asking why he did not arrest Kirby if he truly believed Kirby to be intoxicated that night. Jurors, however, apparently did not find those doubts convincing enough to render a not guilty verdict.

Prosecutors showed video evidence from Epley’s vehicle dash cam of the field sobriety test the trooper attempted to conduct with Kirby. After Kirby was unable to follow Epley’s instructions three separate times on one part of the test, Kirby opted to not continue the rest. (Epley testified that, although he was wearing a body camera, it malfunctioned and he “has no idea why.”) On Tuesday, the government called three more witnesses, including Jarrad Wagner, a forensic toxicologist who issued two reports on the contents of Kirby’s blood the night of the crash.

While Kirby’s blood alcohol content was only 0.028, below the legal limit, the OSBI toxicology analysis also found a combination of narcotics in his system, including unspecified amounts of amphetamine, marijuana, tramadol, oxycodone and a pair of anti-depressants — citalopram and trazodone.

Campbell succeeded in getting Wagner to admit that the blood toxicology report alone was not enough to convince Wagner of Kirby’s intoxication, but Wagner maintained that the report combined with the video evidence was enough to conclude that Kirby was intoxicated.

‘Defendant cared about himself ’ Campbell returned to the toxicology report Wednesday in his closing arguments, calling Wagner a “hired gun” and arguing that the lack of specified amounts of drugs in Kirby’s system should be too circumstantial to conclude he was intoxicated.

“They want to take this report that does not tell you that he was intoxicated and say that he was intoxicated,” Campbell said.

Campbell also emphasized a point he made frequently the previous two days: officers’ decision not to arrest Kirby that night.

“They don’t release drunk drivers back out onto the street,” Campbell said. “If they think you’re drunk, they arrest you.”

Ultimately, the doubts Campbell raised proved insufficient for jurors to disregard the evidence that U.S. attorneys Jordan Howanitz and Josh Satter took jurors back through methodically during their closing arguments.

“What is evident is intoxication based on the whole picture,” Howanitz said. Howanitz replayed videos shown to jurors Monday, including one showing Kirby and Epley in Epley’s car when the trooper received a phone call from an offduty trooper checking on Kirby.

“Defendant cared about himself,” Howanitz said. “While Sheryl Bichsel was dying, defendant was making calls to save himself.”

Additionally, prosecutors again drew attention to Kirby’s inability to follow instructions during the Horizontal Gaze Nystagmas part of the field sobriety test.

“You don’t drink and drive,” Satter said. “You don’t drink and smoke marijuana and drive. You don’t drink, smoke marijuana and take amphetamine, stimulants (…) and depressants and drive.”

A sentencing hearing for Kirby was not immediately set. In federal court, involuntary manslaughter carries a maximum sentence of up to eight years in prison.

Kirby’s attorney, Campbell, declined to comment on the verdict.

Christine Riley, Bichsel’s friend, said she appreciated Wednesday’s verdict.

“Couldn’t be happier,” Riley said. “The only thing that could’ve made it better is if he left the courthouse in handcuffs.”

Riley said that while no punishment for Kirby can bring true justice, she is looking forward to the upcoming sentencing hearing.

“What does matter is all of his past bad behaviors that he barely even got a slap on the wrist for — now that comes back to bite him in the ass,” Riley said.

In 2017, then-Rep. Dan Kirby (R-Tulsa) resigned while facing expulsion from the Oklahoma House of Representatives for sexual harassment allegations.

Kirby returned to his hometown of Eufaula and won election to Ward 4 of the Eufaula City Council in April 2021, but he resigned in March following his involuntary manslaughter indictment by a federal grand jury.

Seminole survives Checotah 34-27
B:, sports
Seminole survives Checotah 34-27
By Rodney Haltom sports EDITOR 
September 10, 2025
The Seminole Chieftains were lucky to go home with a 34-27 win over the Checotah Wildcats Friday night. Checotah’s penalties that accumulated to over 100 yards. The Wildcats moved the football up and ...
Council votes to dismiss former Mayor Warren
A: Main, news
Council votes to dismiss former Mayor Warren
By JERRY FINK MANAGING EDITOR 
September 10, 2025
The Eufaula City Council removed former Mayor Todd Warren from the Council Monday night citing excessive absences. City minutes of past meetings presented to the Council showed that Warren missed the ...
Church celebrates 160th anniversary
A: Main, news
Church celebrates 160th anniversary
By JERRY FINK MANAGING EDITOR 
September 10, 2025
Decades before Oklahoma became a state in 1907; years before the first railroad track was laid in Indian Territory in 1870 and the year the Civil War ended, folks in a remote area of what is now McInt...
Mild weather, just what the festival ordered
A: Main, news
Mild weather, just what the festival ordered
By JERRY FINK MANAGING EDITOR 
September 10, 2025
Mayor James Hickman perhaps summarized best when he sent a letter of appreciation to Karen Weldin and the Vision Eufaula Board of Directors for one of the best Wine & Art Festivals held in the city. “...
9/11 – Never Forget
A: Main, news
9/11 – Never Forget
By JERRY FINK MANAGING EDITOR 
September 10, 2025
At about 7 a.m. Tuesday, Sept. 11, 2001, I strolled into the Las Vegas Sun newsroom where I worked as an entertainment reporter. The room was quiet, a palpable feeling of dread filled the air as the f...
Margaret Floyd Homecoming Parade Marshal
A: Main, news
Margaret Floyd Homecoming Parade Marshal
September 10, 2025
Margaret Marie Vickery Floyd has been named the 2025 Eufaula High School Homecoming Parade Marshall. Born in 1927 in Ramona, she is the fourth greatgranddaughter of Chief McIntosh, and the mother of f...
ePaper
google_play
app_store
Editor Picks
A: Main, news
Ironhead Homecoming Friday
September 10, 2025
The Homecoming Weekend kicks off Friday, Sept.12, with a Pep Assembly at the Eufaula High School Auditorium at 9:30 a.m. followed by a parade at 1 p.m. The coronation of Homecoming Royalty takes place...
New library coordinator challenges Checotah
A: Main, news
New library coordinator challenges Checotah
By JERRY FINK MANAGING EDITOR 
September 10, 2025
September is Library Card Sign-up Month, and so the new coordinator of Eufaula Memorial Library is taking that opportunity to challenge the Jim Lucas Checotah Public Library to a competition to see wh...
Braddock Dobbs joins School Board
A: Main, news
Braddock Dobbs joins School Board
By JERRY FINK MANAGING EDITOR 
September 10, 2025
Braddock Dobbs, 31, son of the late Margaret Dobbs, who was on the Eufaula School Board for 15 years, is following in his mother’s footsteps. Monday night, Aug. 8, at its monthly meeting, the Board ap...
Drillers honor Eufaula veteran
news
Drillers honor Eufaula veteran
September 10, 2025
Former Army Sp4 Timothy Pickering of Eufaula was honored recently at the Driller Stadium in Tulsa as a “Hometown Hero,” a program that honors people who have had a lasting impact on the community. Pic...
news
Flea Pop-Up Market
September 10, 2025
Friday – Sunday, Sept.12-14 from 10 a.m. to 5 p.m., 210 N. Main St. Booth rental available. Call Mr. Printer at 918-689-5998, Jani at 918-839-8494 or Ricky at 918-424-9961. Prices for all three days: ...
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