Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Case Number: 6:20-cr-00078-RAW
Judge: Ronald A. White
Court: United States District Court for the Eastern District of Oklahoma (Muskogee County)
Plaintiff's Attorney: United States Attorney’s Office
Description: Muskogee, Oklahoma criminal defense lawyer represented Defendant charged with second degree murder in Indian country.
Patrick Dwayne Murphy, age 52, of Vernon, Oklahoma was found guilty by a federal jury of Murder – Second Degree in Indian Country, in violation of Title 18, United States Code, Sections 1111, 2, 1151 and 1153; Murder in Indian Country in Perpetration of Kidnapping, in violation of Title 18, United States Code, Sections 1111(a), 2, 1151 and 1153; and Kidnapping Resulting in Death, in violation of Title 18, United States Code, Sections 1201(a)(2), 2, 1151 and 1153. The defendant was acquitted on one count of Kidnapping Resulting in Death. The jury trial began with testimony on Tuesday, August 3, 2021 and concluded on Thursday, August 5, 2021 with the guilty verdicts. The defendant faces imprisonment for life for the crimes the jury found he committed.
During the trial, the United States presented evidence that the defendant, two days prior to the murder, stated he would kill George Jacobs. Later, on August 28, 1999, the defendant found George Jacobs and Jacobs’ friend, M.S., traveling on a road in rural McIntosh County. The defendant chased after M.S. and George Jacobs in his vehicle and ultimately forced M.S. and George Jacobs to stop. After stopping George Jacobs and M.S., the defendant, along with two others, attacked George Jacobs. After beating and kicking Jacobs, the defendant cut the victim’s throat with a knife and cut off the victim’s penis and testacles. The next day, deputies of the McIntosh County Sheriff’s Department and agents with the Oklahoma State Bureau of Investigation apprehended and arrested the defendant.
The case was originally tried in McIntosh County, Oklahoma where the defendant was convicted and received the death penalty. However, after the United States Supreme Court ruling in McGirt v. Oklahoma, the case had to be retried in federal court because the murder happened within the boundaries of the Muscogee (Creek) Nation’s Reservation and the defendant was a member of a federally recognized Indian Tribe.
“I am thankful Patrick Murphy has been held accountable for the vicious killing of George Jacobs,” said Acting United States Attorney Christopher Wilson. “Justice was interrupted for a period of time due to the jurisdictional challenges raised by the defendant, but justice was not thwarted. Through the excellent work of the Oklahoma State Bureau of Investigation, the Federal Bureau of Investigation and the United States Attorney’s Office, the evidence was presented to the jury and the guilty verdicts were returned. I know it has been a tumultuous time for the family of Mr. Jacobs, but they can now rest assured the defendant will pay for his crimes.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Murphy was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorney Jarrod Leaman and Special Assistant United States Attorney Robert Reeves represented the United States.
18:1111(a), 2, 1151 & 1153: Murder in Indian Country
18:1111(a), 2, 1151 & 1153 - Murder in Indian Country
18:1111(a), 2, 1151 & 1153: Murder in Indian Country in Perpetration of Kidnapping
18:1111(a), 2, 1151 & 1153 - Murder in Indian Country in Perpetration of Kidnapping
18:1201(a)(1), 2, 1151 & 1153: Kidnapping Resulting in Death
18:1201(a)(2), 2, 1151 & 1153 - Kidnapping Resulting in Death
Outcome: 08/05/2021 147 MINUTES of Proceedings held before District Judge Ronald A. White: Jury Trial (day 3) held on 8/5/2021 as to Patrick Dwayne Murphy (Court Reporter: Shelley Ottwell) (Attachments: # 1 Gvt Wit List, # 2 Gvt Exh List) (tls, Deputy Clerk) (Entered: 08/05/2021)
08/05/2021 148 JURY INSTRUCTIONS by District Judge Ronald A. White as to Patrick Dwayne Murphy (tls, Deputy Clerk) (Entered: 08/05/2021)
08/05/2021 149 Jury Notes - Redacted (Court Ex. 1) as to Patrick Dwayne Murphy (tls, Deputy Clerk) (Entered: 08/05/2021)
08/05/2021 150 Jury Notes - Unredacted (Court Ex. 1) as to Patrick Dwayne Murphy (tls, Deputy Clerk) (Entered: 08/05/2021)
08/05/2021 151 JURY VERDICT - Unredacted: Guilty of Lesser Offense Count 1s, Guilty on Count 2s and 3s, and Not Guilty on Count 4s as to Patrick Dwayne Murphy (tls, Deputy Clerk) (Entered: 08/05/2021)
08/05/2021 152 JURY VERDICT - Redacted as to Patrick Dwayne Murphy (tls, Deputy Clerk) (Entered: 08/05/2021)