“Justice Prevails!” Jimcy Mcgirt’s Release Marks Four Years Since Supreme Court’s Turning Point

The Oklahoma man at the center of a landmark US Supreme Court decision is set to be released from federal prison this month.

Jimmy McGirt, whose case confirmed the Muscogee Nation reservation’s existence, has served more than 26 years in prison for sexually abusing a minor. The Supreme Court’s decision to reverse his conviction in 2020 sparked years of controversy over Oklahoma’s growing acknowledgment of tribal reservations.

McGirt, 75, intends to reside in rural Hughes County once he is released, according to court documents. He must serve five years on probation, register as a sex offender, and maintain no contact with his victim, who is now an adult.

A federal judge in Muskogee imposed the sentencing terms Thursday, adhering to the plea agreement McGirt and his counsel reached with prosecutors in December. The arrangement also required him to serve 30 years in prison for aggravated sexual abuse in Indian Country but credited him for nearly three decades previously served.

Federal prison officials have not stated when they intend to release McGirt or whether they have already done so. According to the Bureau of Prisons’ website, McGirt was not in their possession as of Friday afternoon. He was being held at the Muskogee County Jail in Muskogee but was transferred out on Thursday, according to jail documents obtained by The Oklahoman over the phone.

Richard O’Carroll, one of McGirt’s attorneys, said he didn’t know where his client was being held but anticipated him to be released within a few days. O’Carroll stated that one of McGirt’s brothers has offered to assist him after his release.

“I suspect he’ll live out his years, and he’ll be free, which is startling when you think about it,” O’Carroll said, referring to McGirt’s scores of claims for post-conviction relief filed after his first conviction in 1997.

“He never stopped trying to get out,” O’Carroll explained.

The McGirt ruling changed the criminal justice system in areas of Oklahoma.
One of McGirt’s petitions to the United States Supreme Court changed eastern Oklahoma’s criminal justice system. In a 5-4 decision, the judges reversed McGirt’s conviction, saying that Oklahoma lacked jurisdiction to prosecute him because he was a tribal resident and the alleged crimes happened on a tribal reserve.

The verdict resulted in the recognition of nine tribal reserves in the state’s eastern region, upending the state’s authority to prosecute Native Americans accused of committing crimes in those locations. These cases are now subject to the jurisdiction of federal and tribal courts. Gov. Kevin Stitt, who has strongly criticized the Supreme Court decision, said at his weekly news conference Friday that he was surprised to learn of McGirt’s upcoming release.

He said McGirt should remain in state jail, where he was originally sentenced to 1,000 years before the Supreme Court verdict. “If McGirt gets out, Jimcy McGirt, we should all be saying shame on us,” he remarked.

According to O’Carroll, the governor’s words were motivated by anger and resentment about the consequences of McGirt’s case.

“The governor doesn’t know what he’s talking about,” he told reporters.

McGirt’s release will end years of uncertainty after the Supreme Court overturned his state court conviction in July 2020. He was quickly found guilty again in federal court and sentenced to three life terms in prison. However, in June 2023, the 10th Circuit Court of Appeals reversed his convictions, stating that a judge erred in instructing the jury.

Prosecutors had planned to retry McGirt, but they ultimately reached a plea agreement before the case went to trial. In a court document, prosecutors stated that some material had vanished and two witnesses had died. They also stated that a plea deal would provide the victim with much-needed closure in a case that had a significant impact on her life.