Authorities Say 2 Murder Suspects Released From Jail Due To Communication Breakdown

Two men accused of a 2019 murder were released from jail in Delaware County. 

The Sheriff's Department said they never wanted to let the men out, and a breakdown in communication is being blamed for the release.

Both men were in jail waiting on their trial, but since they are part of the Cherokee Nation, their cases were dismissed because of a US Supreme Court ruling on trial jurisdictions.

James and Dakota Buzzard were charged with killing a man in retaliation for a previous shooting that injured a little girl.

What's supposed to happen in these cases where the state loses jurisdiction, is a re-filing in either federal or tribal court.

Sara Hill, the Cherokee Nation Attorney General, said those new charges keep dangerous people behind bars, but instead father and son James and Dakota Buzzard walked free.

"Those are the highest-priority cases for us. We want to make sure anyone who is in detention remains in detention if that's necessary," Hill said.

James Beck, the Delaware County Undersheriff said he found out Friday morning the men's cases could be dismissed that afternoon.

"At that point, my investigators and some others were scrambling to do everything that they could to try to keep them held in the facility," Beck said.

He said no charges ever came from either federal or tribal attorneys, forcing his hand into releasing the men.

"There was no other valid charges or no other holds. And once it got to that point, we had to legally release those individuals," Beck said.

Hill believes there was a breakdown in communication between the federal, county, and tribal legal systems.

She said her team was notified by U.S. Attorneys on Saturday that new charges needed to be filed, but by then the Buzzards were both free.

"We made sure that on Monday morning that we had filed on those two individuals," Hill said.

"But I understand that they were actually released on Friday. We didn't even know that those two cases existed,” Hill said.

News on 6 contacted the U.S. Attorney's office, which said it is aware of the cases, but is declining to comment at this time.

The US Marshals fugitive task force is now looking for the men to re-arrest them on the new tribal charges of murder.

They say the men should be considered armed and dangerous. If you see them, you should call 911.