By Derrick James STAFF WRITER May 13, 2021
staff photo
Attorneys for a woman filed a motion requesting her convictions be vacated with reimbursement for all fines paid due to the state not having criminal jurisdiction over her.
The motion asks for convictions against Tonie Gayton, 53, to be set aside or vacated due to the lack of subject matter jurisdiction after the Oklahoma Court of Criminal Appeals applied the U.S. Supreme Courtâs decision in McGirt v. Oklahoma to the Choctaw Nation in April.
Gaytonâs attorney, Brecken Wagner, said the motion is not an âanti-government stanceâ but a âpro-Native American stance.â
staff photo
This report reflects public Pittsburg County District Court records filed at the Pittsburg County Courthouse. The reader should keep in mind that these are charges, and not evidence of guilt. Cases with active arrest warrants issued by the court are included in this report. Dispositions of the charges are published in subsequent reports. Many names are similar and, in some cases, identical to a person not being charged. When names are identical, the News-Capital will publish a disclaimer, which more completely identifies the person being charged.
CRIMINAL MISDEMEANOR FILINGS:
Ameria Broadway, 33, McAlester â Larceny of merchandise by retailer
Eric Eugene Broadway, 31, McAlester â Obstructing officer
1 of 3
DERRICK JAMES | Staff photoBilly Menees, center, is led out of the Pittsburg County Courthouse by FBI agents following the dismissal of his state child abuse charges Friday.
DERRICK JAMES | Staff photoAshley Schardein, center, was arrested by the FBI following the dismissal of her state child abuse charges Friday.Â
Crystal Haworth is charged by the Choctaw Nation and in the Eastern District of Oklahoma in the July 2020 death of Leonard Brokeshoulder. Two major felony cases among dozens dismissed Friday
By Derrick James STAFF WRITER May 7, 2021 1 of 3
DERRICK JAMES | Staff photoBilly Menees, center, is led out of the Pittsburg County Courthouse by FBI agents following the dismissal of his state child abuse charges Friday.
May 6, 2021
A federal arrest warrant was issued for a McAlester couple accused of child abuse prior to the expected dismissal of their state charges Friday.
A hearing on an order to dismiss several state charges against Ashley Dawn Marie Schardein, 25, and Billy James Menees, 28, is scheduled for Friday afternoon in District 18 Special District Judge Brian McLaughlinâs courtroom.
The couple were each charged in May 2020 with several counts related to the alleged child abuse and torture of a 10-year-old girl, according to documents filed at the Pittsburg County Courthouse.
Due to a recent decision by the Oklahoma Court of Criminal Appeals applying the U.S. Supreme Courtâs ruling in McGirt v. Oklahoma to the Choctaw Nation, the state of Oklahoma does not have criminal jurisdiction over the couple due to the alleged crimes were committed against a Native American.
Derrick James
May 5, 2021
A McAlester woman was arrested and charged for allegedly giving edible marijuana to three children younger than 12 and smoking marijuana with one of the children.
Skyla Dawn Christine Admire, 28, was charged with felony child abuse and misdemeanor contributing to the delinquency of minors, according to documents filed in Pittsburg County District Court.
Jail records show Admire was being held Tuesday on a $50,000 bond.
According to an affidavit filed in the case states the investigation began after the mother of the three children found out that Admire gave edible marijuana to the children.
During an interview with a McAlester police officer, Admire said the day before the investigation began, she took one of the children to a dispensary and that the child must of ate an edible when she left the child unattended, the affidavit states.