He finally pleads guilty to sexual abuse

The name “McGirt” has become synonymous with the issue of prosecuting Native Americans in state courts.

Suspects in crimes who are members of a federally recognized tribe often claim that the state lacks jurisdiction over their criminal activity and file a “McGirt” motion to avoid local prosecution, forcing the trials to be moved to either a federal or a tribal court.

Jimcy McGirt of Holdenville is a convicted child rapist who appealed his case all the way to the U.S. Supreme Court.

In 2020 the Supreme Court overturned McGirt’s conviction on the grounds that the Creek Nations reservation was never disestablished for criminal jurisdiction therefore state courts didn’t have authority to prosecute crimes committed by or against Oklahomans who are also tribal members.

Although McGirt won that battle, he was never released from prison. His case was sent to the United States Attorney’s Office for the Eastern District of Oklahoma for prosecution.

On Dec. 5, McGirt, 75, pleaded guilty to one count of Aggravated Sexual Abuse in Indian Country.

According to the U.S. Attorney’s office, the guilty plea was the result of a written plea agreement which recommends the district judge sentence McGirt to 30 years in prison, followed by a five-year term of supervised release.

The parties also recommended McGirt be given credit for the time he previously served in both state and federal custody on previous convictions related to the case.

McGirt will remain in the custody of the United States Marshal until the sentencing hearing, at which time the court will determine whether to accept the plea agreement.

The Honorable Jason A. Robertson, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, presided over the plea hearing in Muskogee and ordered the completion of a presentence investigation report.