McGirt’s Lawyer Says Prosecutors Want Retaliation For Shake Up Federal Child Sex Abuse Conviction | Crime-and-courts


Under federal law, crimes involving Native Americans in Indian country must be prosecuted in federal or tribal courts.

U.S. attorneys for the Muskogee-based Eastern Oklahoma District of Oklahoma want McGirt to be sentenced to life in prison, a sentence that would exceed the recommended federal sentencing guidelines of 210 to 262 months. McGirt was serving two 500-year sentences and a life sentence in a state prison.

In a recent request for the judge to deviate from guidelines, prosecutors recounted McGirt’s convictions for sexually abusing two young boys in Oklahoma County before he abused the 4-year-old in the Wagoner County.

“The defendant is a man who is sexually attracted to very young children,” prosecutors wrote. “The defendant has shown that if he is released from prison he will find yet another child victim. The defendant must be held responsible for all children injured by his conduct. … The defendant should be sentenced to life imprisonment, as such a sentence would be sufficient but not more than necessary. “

Prosecutors told the judge they were not suggesting that McGirt be punished for the “landmark decision” resulting from his case. But, they said, the victim in the case has been repeatedly traumatized by the decision as McGirt “demonstrates his lack of remorse.”

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