MUSKOGEE – For the second time, on Wednesday, July 17, David Deval Martin, 40, of McIntosh County was sentenced to life in prison for the vicious 2013 murder of a Checotah woman.
In 2016, Martin, whose nickname is “Tooney,” was found guilty of first-degree murder and sentenced to life imprisonment without parole after a state jury trial held in the District Court of McIntosh County.
That conviction was vacated after the Supreme Court decision in McGirt v. Oklahoma, because Martin is a member of a federally recognized Indian tribe, and the crime occurred within the boundaries of the Muscogee (Creek) Nation reservation.
Martin was subsequently charged in the U.S. District Court for the Eastern District of Oklahoma, and a federal jury found Martin guilty on one count of Murder in Indian Country in October 2024. According to court documents, on Nov. 7, 2013, Martin viciously beat and stabbed the victim —whom he had previously dated — causing over 109 separate injuries to her head and neck.
The medical examiner estimated that it would have taken Martin “20 to 30 [minutes] or longer” to inflict these wounds, and that the victim was alive, and likely conscious, for much of her own murder. Just hours before Martin killed the victim, he was seen threatening her at a local convenience store by pointing his fingers at her head in the shape of a gun.
At the scene of the crime, investigators recovered Martin’s DNA mixed with the victim’s own blood from the front door of the home, and Martin’s fingerprint on the handle of a metal rod used to beat the victim. Martin’s DNA was also recovered from the steering wheel of the victim’s abandoned car.
This case was investigated by the McIntosh County Sheriff ’s Office, the Oklahoma State Bureau of Investigation, and the Federal Bureau of Investigation.
“The defendant in this case brutally murdered his victim in cold blood,” said Acting Assistant Attorney General Matthew R. Galeotti. “By retrying the case and securing a life sentence for the Defendant, the Department of Justice has demonstrated our commitment to seeking justice for the victims of violent crime in Indian Country.”
“The defendant’s heinous crime was deserving of the life sentence imposed by the Court,” said United States Attorney Christopher J. Wilson for the Eastern District of Oklahoma. “I am grateful for the thorough work of investigators and the skilled presentation of the evidence by colleagues from the Violent Crime and Racketeering Section. Their collective efforts were vital in securing justice for the victim’s family.”
“Thanks to the work of the McIntosh County Sheriff ’s Office, the Oklahoma State Bureau of Investigation, the Department of Justice Violent Crime and Racketeering Section (VCRS), the U.S. Attorney’s Office, and FBI Oklahoma City, this depraved and merciless killer has been sentenced to spend the rest of his life in federal prison,” said FBI Oklahoma City Special Agent in Charge Doug Goodwater. “Today’s sentencing underscores the FBI’s dedication to working with our partners and achieving justice for victims of violent crimes in Indian Country.”
“The OSBI appreciates the great work conducted by our law enforcement partners throughout this investigation,” said Hunter McKee, Public Information Manager with the Oklahoma State Bureau of Investigation. “Obtaining justice for the victim and their family is crucial for all agencies involved. We are thankful for everyone’s dedication and commitment.”
Martin will remain in the custody of the U.S. Marshals Service pending transportation to a designated United States Bureau of Prisons facility to serve a life sentence without the possibility of parole.
Trial Attorneys Jared A. Hernandez and Brian W. Lynch from the Department of VCRS represented the United States.
This case represents the last indictment that has been a part of the Criminal Division’s Violent Crime and Racketeering Section Mc-Girt project, in which the Criminal Division partnered with the Eastern District of Oklahoma to prosecute murder cases in the wake of the Supreme Court’s decision in McGirt v. Oklahoma.
