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Description: Muskogee, Oklahoma criminal law lawyer represented Defendant charged with involuntary manslaughter in Indian Country.
Troy Allen Stevenson, age 22, from Sequoyah County, Oklahoma was accused involuntary manslaughter.
The Sequoyah County Sheriff's Office investigate the case along with the Cherokee Nation Marshal Service, and the Federal Bureau of Investigation.
Assistant United States Attorney Kevin Gross and Assistant United States Attorney Derick Blakely represented the United States.
18 U.S.C. 1111(1) 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).
18 U.S.C. 1151 provides:
Except as otherwise provided in sections 1154 and 1156 of this title, the term “Indian country”, as used in this chapter, means (a) all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation, (b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.
18 U.S.C. 1153 provides:
(a) Any Indian who commits against the person or property of another Indian or other person any of the following offenses, namely, murder, manslaughter, kidnapping, maiming, a felony under chapter 109A, incest, a felony assault under section 113, an assault against an individual who has not attained the age of 16 years, felony child abuse or neglect, arson, burglary, robbery, and a felony under section 661 of this title within the Indian country, shall be subject to the same law and penalties as all other persons committing any of the above offenses, within the exclusive jurisdiction of the United States.
(b) Any offense referred to in subsection (a) of this section that is not defined and punished by Federal law in force within the exclusive jurisdiction of the United States shall be defined and punished in accordance with the laws of the State in which such offense was committed as are in force at the time of such offense.
Outcome: Defendant was found guilty.
Plaintiff's Experts:
Defendant's Experts:
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