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Date: 01-18-2022
Case Style:
Case Number: 4:21-cr-00269-GKF
Judge: Gregory K. Frizzell
Court: United States District Court for the Northern District of Oklahoma (Tulsa County)
Plaintiff's Attorney: United States Attorney’s Office
Defendant's Attorney:
Description: Tulsa, Oklahoma criminal defense attorney represented defendant charged with assault with a dangerous weapon during a domestic violence incident involving a child.
Michael Adam Lindsey, 37, of Sand Springs, pleaded guilty in September 2021. Lindsey admitted in his plea agreement that on April 29, 2018, he intended to cause bodily harm when he shot a firearm toward a neighbor as she stood behind a door. Just before the incident, a child fled to the neighbor’s home to escape from Lindsey, who had been drinking and just attempted to strangle her. When the neighbor saw the defendant holding a gun, she closed and locked the door before he could enter. When Lindsey was unable to enter the home, he intentionally fired a shot through the door. The bullet went through the door and hit the woman in the upper left arm, near her shoulder. The woman was later treated at the hospital and recovered.
“Michael Lindsey was a danger to his neighborhood and his family. Lindsey could have just as easily killed his neighbor, instead of wounding her when he shot through her door,” said U.S. Attorney Clint Johnson. “I am thankful she has fully recovered. She is to be commended for selflessly acting to protect the child from harm when she brought her into the home.”
According to a sentencing memorandum filed by Assistant U.S. Attorney Christopher Kelly, Sand Springs police officers found Lindsey laying on the ground outside his home and further located a Jennings .22 caliber pistol and a box of 36, .22 caliber bullets on the front passenger seat of his car. The slide on the pistol was slightly locked back and a spent round and unspent round appeared jammed in the chamber, indicating that Lindsey had attempted to fire again but could not.
Kelly stated that Lindsey possessed the handgun despite having two prior felony convictions. Individuals convicted of a felony are prohibited from possessing firearms. Kelly also stated that Lindsey’s decision to drink 15 or 16 double shots the day of the crime was not a defense nor an excuse for his dangerous behavior.
The FBI and Sand Springs Police Department conducted the investigation. Assistant U.S. Attorney Christopher Kelly prosecuted the case.
18 USC 1151, 1153, and 113(a)(3): Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country; Forfeiture Allegation: 18 USC 924(d) and 28 USC 2461(c): Firearms Forfeiture
(2)
18 USC 924(c)(1)(A)(iii): Carrying, Using, Brandishing and Discharging a Firearm During and in Relation to a Crime of Violence; Forfeiture Allegation: 18 USC 924(d) and 28 USC 2461(c): Firearms Forfeiture
(3)
Outcome: Defendant was sentenced to a total of 138 months in federal prison followed by three years of supervised release.
He was sentenced to serve 18 months in prison for assault with a dangerous weapon with intent to do bodily harm in Indian Country and 120 months for carrying, using, brandishing, and discharging a firearm during and in relation to a crime of violence.
Plaintiff's Experts:
Defendant's Experts:
Comments: