Suspect In Murder Of 2-Year-Old Temporarily Released From Custody Due To McGirt Ruling

The Washington County District Attorney says a juvenile suspected of murdering a two-year-old, was released onto the streets, because of a Supreme Court ruling on tribal jurisdiction. The Cherokee Nation Attorney General says even though the suspect was released, there is more to the story and he is now in their custody.

District Attorney Kevin Buchanan says Bartlesville officers were forced to release the suspect because he was tribal and there were no Cherokee beds available for him in any juvenile facilities. When he was released, he was ordered by a judge not to go to the baby’s mother’s home, but, police say that’s exactly where he went and they arrested him there.

District Attorney Kevin Buchanan says they were planning to file a murder by child abuse charge against the 17-year-old suspect when they learned he was Cherokee.

Buchanan says they thought they found a space for the suspect at the Craig County Juvenile detention facility but learned all of the contracted Cherokee beds were full.

The Cherokee Nation asked for the suspect to be released into his mother’s custody, but the mother had small children and didn’t want him there, so he was released to a non-family member who’s a convicted felon.

“That was the only answer we had, after everybody involved, including the Cherokee Nation, that was the only answer for the Bartlesville Police Department in the early morning hours of Saturday, was turn a person loose, who we can charge with murder,” said Buchanan.

Buchanan says never in his career has he had to release a murder suspect like that and says he’s thankful no one was else was hurt or killed.

Buchanan says he’s not blaming the Cherokee nation for what happened, but he is blaming the U.S. Supreme Court for causing this divide in eastern Oklahoma between how tribal and non-tribal citizens are treated when accused of a crime.

“We have to follow the law, they have to follow their contracts, and when you put all those limitations together, now you create these kinds of situations where law enforcements hands are tied, said Buchanan.

Cherokee Nation Attorney General Sara Hill says that’s not entirely true. She says although the Cherokee beds were full, they were willing to pay for a bed for the suspect.

“They won’t allow it. The nation has the resources of course to pay and was willing and happy to pay for bed space, but all of the beds, the juvenile beds that are available, they said we will not let you use them, there is no price you can pay, there’s nothing you can do to access these beds,” said Hill.

Hill says she doesn’t blame the Bartlesville officers but says she feels like this has turned into more of a political issue between the tribes and local law enforcement, which doesn’t help anyone.

“I cannot understand why we have a checkbook ready to write a check and the state can not find a way to let us access those beds, that’s the part where I struggle,” said Hill.

The Cherokee Nation says they were eventually able to find a place to house the suspect until his case is handed over to the federal government.

Investigators say the 2-year-old died from head trauma.