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Description: Oklahoma City, Oklahoma criminal law lawyer represented Defendant charged with aiding and abetting a hate crime in violation of 18 U.S.C. 249 and 18 U.S.C. 2.

On Jan. 18, 2022, a federal grand in the Western District of Oklahoma returned a two-count Indictment charging Defendants, Devan Nathanial Johnson, 28, and Brandon Wayne Killian, 31, who are white, and who physically assaulted a Black man — as well as the Black man’s white friend — in the parking lot of the Brickhouse Saloon in Shawnee, Oklahoma. The indictment alleged that the assault occurred because of the Black man’s race and color.

According to statements made before District Judge Bernard Jones at the plea hearings in the U.S. District Court for the Western District of Oklahoma this week, both defendants admitted to assaulting the Black man in the parking lot of the bar on June 22, 2019, because the man was Black. The assault resulted in bodily injury to the victim.

“These two defendants are being held accountable for subjecting a Black man to a brutal and racially motivated assault,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “Convictions like these make clear that the Department of Justice will continue to investigate and prosecute individuals who violently assault others because of their race or the color of their skin.”

“The defendants targeted a Black victim for a brutal attack simply because of the color of his skin,” said U.S. Attorney Robert J. Troester for the Western District of Oklahoma. “Hate-fueled criminal conduct is morally reprehensible and can never be acceptable in a civilized society. We will continue to use every tool at our disposal to combat all hate crimes.”

“Violent acts of hate and racism have no place in our community and will not be tolerated,” said Special Agent in Charge Edward J. Gray of the FBI Oklahoma City Field Division. “The FBI will continue to use all authority granted to us by federal law to investigate crimes motivated by bias, and ensure the perpetrators are brought to justice.”

At sentencing, each defendant faces a maximum penalty of 10 years in prison, three years of supervised release and a fine of up to $ 250,000 for the violation. Both defendants will also be ordered to pay restitution to the victim of their crime.

Assistant Attorney General Clarke, U.S. Attorney Troester and Special Agent in Charge Gray made the announcement.

The FBI Oklahoma City Field Office investigated the case. Assistant U.S. Attorney Julia Barry for the Western District Oklahoma and Trial Attorney Avner Shapiro of the Civil Rights Division’s Criminal Section are prosecuting the case.

18 U.S.C. 249(a)(1) provides:

Hate Crime Acts

(1) Offenses involving actual or perceived race, color, religion, or national origin.—Whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person—
(A) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and
(B) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if—
(i) death results from the offense; or
(ii) the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.


18 U.S.C. 2 HATE CRIME & AIDING AND ABETTING, provides:

Principals

(a) Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal.
(b) Whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is punishable as a principal.

Outcome: 09/27/2022 61 MINUTE ENTRY for proceedings held before Judge Bernard M. Jones:Change of Plea Hearing as to Devan Nathaniel Johnson held on 9/27/2022, Plea entered by Devan Nathaniel Johnson (2) Guilty Count 1. Dft. is remanded to the custody of the U.S. Marshal. (Court Reporter Susan Fenimore.) (dwl) (Entered: 09/27/2022)
09/27/2022 62 PETITION To Enter a Plea of Guilty by Defendant Devan Nathaniel Johnson. (dwl) (Entered: 09/27/2022)
09/27/2022 63 PLEA AGREEMENT as to Devan Nathaniel Johnson. (dwl) (Entered: 09/27/2022)
09/27/2022 65 WAIVER of Jury Trial by Devan Nathaniel Johnson. (dwl) (Entered: 09/27/2022)

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