Nation Makes Arrest in First-Degree Murder Case, Seeks $1 Million Cash Bond Each
DA filed too late to try pair for murder; brothers send threats from jail for more violence, Nation steps up to protect Osage Reservation residents and asserts jurisdiction
By ON Communications Staff
(Left to right) Jeremy Reece and younger brother Tyler Reece, Source: Osage County Jail
PAWHUSKA, Okla. (May 24, 2016) – The Osage Nation delivered warrants today for the arrest of Jeremy and Tyler Reece for first-degree homicide charges following a major misstep by Osage County District Attorney Rex Duncan, who failed to file an appeal for murder charges on time. An arraignment is scheduled for Thursday at the Osage Nation Trial Court in Pawhuska and the Nation’s Attorney General’s Office is pushing for a $1 million cash bail because the murder was committed by the Native American brothers, reportedly enrolled members of the Muscogee Creek Nation, on restricted Osage Indian land, ultimately giving the Nation jurisdiction.
In an Oklahoma county case, the brothers were accused of kidnapping and murdering Rick Holt, 46, last September. State of Oklahoma Associate District Court Judge Stuart Tate ruled the murder happened on Indian land by the accused Native Americans therefore making it a federal case for the charges of first-degree murder and desecration of a corpse. Duncan was attempting to appeal the district court decision about the murder charge in the state’s favor and missed the deadline to file the appeal with the Oklahoma Court of Criminal Appeals leaving just the charges of kidnapping and conspiracy that happened on state land.
“The DA is claiming it is all one incident that spilled over onto Indian Land. The state court judge says that’s not right, there is a kidnapping and murder and the two are separate,” said Osage Nation Assistant Attorney General Jeff Jones.
There is a bond reduction hearing in the state court scheduled for the brothers tomorrow for kidnapping and conspiracy. About the two charges Jones said, “Generally, only a $20,000 bond is set. There are some other factors in this case and Judge Tate may set a higher bond. But he may say, kidnapping, $20,000. They’d make that bond. There would be nothing to keep them here. So basically we are trying to make sure they stay in custody.”
Osage Nation Police Chief Nick Williams said the opportunity for the brothers to be released was not something the Nation was willing to risk. There is proof of the brothers making threats from jail about violent retaliation, including death threats, against anyone assisting the sheriff’s office with the investigation against them.
“They made threats that if they get out they are going to kill some other people,” said Jones. “That’s why we’re so interested in keeping them locked up and not letting them out. At the jail, every phone call is recorded and every letter is photocopied that comes or goes from an inmate. So there is proof of these threats. It’s witness intimidation.”
The warrants issued by the Osage Nation were delivered today to the Osage County Jail where the brothers are being held. “My officers are going to pick them up at 9:45 a.m. on Thursday,” said Williams about the scheduled transfer for the pair to be seen for arraignment at the ON Trial Court. After the arraignment they will be sent back to the county jail, in accordance with a contract the Nation has with the jail, until the cash bond can be paid or until their next court appearance.
“We do not work with bondsman,” said Williams about the proposed $1 million cash bond the Osage Nation Attorney General’s office is seeking. “They have to have the full amount in cash.”
“We’re not limited on what bond we put on somebody,” said Jeff Jones, Osage Nation Assistant Attorney General. “I filed the murder charge and then I requested the court set the bond at a $1 million cash only.”
If the bonds for $1 million are set by the ON Trial Court on Thursday, they will be the second and third $1 million bails set for murder cases in the Osage Nation court.
The first murder case is Thomas Eaves who is also being held at Osage County Jail. Eaves’ is being held on a federal murder charge for the violent murder of his girlfriend, Starr Pennington, last August in an Indian on Indian crime committed on restricted Indian land. He is facing a federal second-degree murder charge.
“If I get a conviction on murder on one of the Reece brothers, the most I can get is a year in jail and they might plead guilty and just do their year. Then I’m done,” said Jones about allowable maximum penalties for tribal courts. “But a conviction in tribal court does not preclude state court or federal court from filing. We’re a separate sovereign so there is no double jeopardy.”
“So the [federal courts] can come back in and charge and state can come back in and charge,” said Williams about the Nation asserting jurisdiction to file separate murder charges in addition to federal murder charges and time.
“It might seem kind of ridiculous for us to file murder charges because we can only get a year in jail but we know where they are for that year,” said Jones about tribal court charges. He added there is more to the high bail than money, “they can have a bond high enough to allow time for the [federal courts] to file or the state can figure out their problems and they can file.”
Jones said the DA might file a felony murder charge against the brothers. A felony murder is not the same as a premeditated first-degree murder. “A felony murder is basically a murder that happens as a result of someone performing a felony. Like a bank robbery and someone is shot and dies.”
The Attorney General’s office contacted the U.S. Attorney’s Office on Monday about filing first-degree murder charges and they are waiting to see what the DA’s next move will be.
“The DA wants to file a death penalty case but to me life in prison in a federal prison is just as bad as the death penalty,” said Jones.
“In a federal prison you serve day for day, there is no good time credit and no parole. If they say you are doing life, you’re doing life,” said Williams who wants the murder case to be tried in the federal court.
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