McGirt Sentenced to Three Life Terms in Prison Without Parole
The man at the epicenter of a landmark U.S. Supreme Court decision that altered the jurisdictional landscape of much of Oklahoma has been sentenced to life in prison.
According to a press release from the United States Attorney’s Office for the Eastern District of Oklahoma, Jimcy McGirt, 72, of Holdenville, was sentenced to life imprisonment and five years supervised release on two counts of Aggravated Sexual Abuse in Indian Country and one count of Abusive Sexual Contact in Indian Country. The life sentences on each count were ordered to run concurrently.
In 1997, McGirt was tried and convicted of First-Degree Rape by Instrumentation, Lewd Molestation, and Forcible Sodomy in the District Court of Wagoner County. While serving two 500-year sentences and a sentence of life without parole, McGirt challenged his conviction, arguing the crimes occurred in the Muscogee (Creek) Nation Reservation and Congress had never disestablished the reservation, therefore, the State of Oklahoma did not have jurisdiction to prosecute him.
On July 9, 2020, the United States Supreme Court agreed with McGirt and vacated his state convictions.
McGirt was subsequently charged in federal court and last November, he was convicted by a federal jury. According to the U.S. Attorney’s Office, evidence was presented at the trial that proved McGirt sexually assaulted a four-year-old child. The victim, who is now in her late twenties, testified that McGirt touched and penetrated her genital opening, made contact with her vulva with his mouth, and caused her to touch his penis with her hand with the intent to arouse or gratify his sexual desires.
“The sentences imposed today are the culmination of many hours of investigation, case preparation, legal research and case presentation by Assistant United States Attorneys Sarah McAmis and Courtney Jordan,” Acting United States Attorney Christopher J. Wilson said in a statement released Wednesday. “Through tremendous cooperation with the Federal Bureau of Investigation, our office was able to help provide justice for the victim. We are elated Judge Heil followed the government’s recommendation and sentenced the defendant to a term of life imprisonment, which was above the advisory sentencing guideline range of 210-262 months. Today’s non-paroleable sentence will ensure the defendant is never able to victimize another child,” Wilson added.
“While Jimcy McGirt’s abhorrent crimes devastated and traumatized his community for years, the incredible bravery of his victims ultimately secured today’s sentence,” said FBI Oklahoma City Special Agent in Charge Melissa Godbold. “Because of their courage, Mr. McGirt will never again harm a child. FBI investigators were proud to partner with the U.S. Attorney’s Office for the Eastern District of Oklahoma on this landmark case.”
McGirt is a member of the Seminole Nation and attended Seminole Junior College (now Seminole State College) in the early 80s. Sources say he also preached at an area church during the same period.