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Date: 01-13-2023

Case Style:

United States of America v. Earl McAlister

Case Number: 6:21-cr-00044


Court: United States District Court for the Eastern District of Oklahoma (Muskogee County)

Plaintiff's Attorney: United States Attorney’s Office in Muskogee

Defendant's Attorney:

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Description: Muskogee, Oklahoma criminal defense lawyer represented Defendant charged with second-degree murder in Indian country.

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Earl McAlister, age 55, pled guilty plea to an Information filed in August 2022 alleging that on or about November 17, 2019, within the Eastern District of Oklahoma, in Indian Country, the defendant, Earl McAlister, a non-Indian, with malice aforethought, did unlawfully kill Randolph England, an Indian, in violation of Title 18, United States Code, Sections 1111(a), 1151, 1152, and 2. The investigation revealed that McAlister shot England two times. After which, McAlister along with others drove to his “compound,” placed the victim’s body on a burn pile with tires and set him on fire until nothing was left but bone fragments and teeth. McAlister then dumped the victim’s remains down a ravine in a plastic container. Investigators were able to identify the victim by comparing dental records.

The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the victim was a member of a federally recognized Indian tribe and the crime occurred in Adair County, within the boundaries of the Cherokee Nation Reservation and within the Eastern District of Oklahoma.

“The murder of Randolph England was senseless and horrific, but today’s sentencing ensures the defendant will remain safely away from the public for the rest of his life,” said FBI Oklahoma City Special Agent in Charge Edward J. Gray. “The FBI will continue to work closely with our law enforcement partners to investigate the most serious crimes in Indian Country.”

The Honorable David Cleveland Joseph, U.S. District Judge from the United States District Court for the Western District of Louisiana, temporarily assigned to the Eastern District of Oklahoma, presided over the hearing. McAlister will remain in custody pending transportation to a designated United States Bureau of Prisons facility to serve his non-paroleable sentence of incarceration.

Assistant United States Attorney Cameron McEwen represented the United States.

18 U.S.C. 1111 provides:

(a) Murder is the unlawful killing of a human being with malice aforethought. Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing; or committed in the perpetration of, or attempt to perpetrate, any arson, escape, murder, kidnapping, treason, espionage, sabotage, aggravated sexual abuse or sexual abuse, child abuse, burglary, or robbery; or perpetrated as part of a pattern or practice of assault or torture against a child or children; or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed, is murder in the first degree.

Any other murder is murder in the second degree.

(b) Within the special maritime and territorial jurisdiction of the United States,

Whoever is guilty of murder in the first degree shall be punished by death or by imprisonment for life;

Whoever is guilty of murder in the second degree, shall be imprisoned for any term of years or for life.

(c) For purposes of this section—

(1) the term “assault” has the same meaning as given that term in section 113;

(2) the term “child” means a person who has not attained the age of 18 years and is—

(A) under the perpetrator's care or control; or

(B) at least six years younger than the perpetrator;

(3) the term “child abuse” means intentionally or knowingly causing death or serious bodily injury to a child;

(4) the term “pattern or practice of assault or torture” means assault or torture engaged in on at least two occasions;

(5) the term “serious bodily injury” has the meaning set forth in section 1365; and

(6) the term “torture” means conduct, whether or not committed under the color of law, that otherwise satisfies the definition set forth in section 2340(1).

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Outcome: Imprisonment for a term of LIFE; Supervised Release for a term of 5 years; Special Assessment in the amount of $100.00.

“The life sentence imposed by the Court is fitting punishment for the defendant’s vicious acts,” said United States Attorney Christopher Wilson. “I am thankful for the cooperative efforts of local, state, and federal law enforcement in working this case. Investigating and prosecuting violent crimes like this one will continue to be a priority for the United States Attorney’s Office.”

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