UPDATE 3/3/24: Jimcy McGirt appeared in the Eastern District Court of Oklahoma on February, 28, 2025 where he waived a preliminary hearing and was given a copy of the Amended Petition for Revocation of Supervised Release. The court found probable cause that McGirt violated supervised release. McGirt was remanded to the custody of the U.S. Marshall and is being housed at The Okmulgee County Criminal Justice Authority pending a final revocation hearing.
Muskogee, Oklv. – Jimcy McGirt, the convicted child rapist at the center of the landmark McGirt v Oklahoma Supreme Court case, has been charged in the Eastern District Court of violating the conditions of his supervision.
An Amended Petition for Warrant or Summons for Offender Under Supervision and Non-Compliance Summary filed by US Probation Officer Christopher Villaneuva and reviewed and approved by Supervisory U. S. Probation Officer Robert L. Gwin on September 13, 2024 showed multiple areas of non-compliance.
They include not committing another federal, state, or local crime, living at a residence approved by the probation officer, no association with a child under the age of 18 except in the presence of a responsible adult, consenting to the United States Probation Officer conducting periodic unannounced examinations on any computer equipment and installation, at the defendant’s expense, any hardware or software systems to monitor the defendant’s computer use, and attending and participating in a mental health program and/or sex offender treatment program as approved and directed by the Probation Officer, and abiding by program rules including polygraph testing. It recommends that McGirt’s supervision be revoked.
According to the report on August 31, 2024, McGirt failed to register as a sex offender at a new residence within the boundaries of Seminole Nation and associated with children under the age of 18 without being in the presence of a responsible adult.
On two occasions McGirt’s probation officer observed him with a cell phone that had internet capabilities which McGirt was using to maintain both a social media presence and email account. On August 5 and 6, respectively, McGirt failed to appear for a scheduled polygraph examination and sex offender treatment group. He again failed to appear for his sex offender treatment group on August 27.
A federal warrant executed yesterday authorized McGirt’s arrest for an appearance in front of the United States Court of the Eastern District to answer charges he violated the conditions of his supervision imposed by the court. The warrant was executed by The United States Marshall’s Service of Eastern Oklahoma and a check of VINE, a notification system for offenders and criminal cases in US jails and prisons, shows McGirt was transferred from the Seminole County Sheriff’s Office on 2/27/2025.
The Motion for Detention cites Failure to register under 18 U.S.C. § 2250, Serious risk Defendant will flee, and the burden of establishing by clear and convincing evidence that Defendant will not flee or pose a danger to any person or to the community rests with Defendant pursuant Fed.R.Crim.P 32.1. According to the motion there are no conditions of release that will reasonably assure that McGirt will appear or ensure the safety of any other person and the community.
McGirt had been serving a 6 month sentence after pleading No Contest of violation of sex offender registration requirements in Seminole Nation.
McGirt was originally released on May 7, 2024 after taking a 30-year plea deal that gave him credit for time served. It was McGirt’s conviction in Oklahoma State Court that led to the United States Supreme Court affirming the Muscogee (Creek) Nation Reservation and restoring the sovereign jurisdiction that the state had held unconstitutionally for over 100 years. The ruling has now extended to include a total of 10 Native American tribal nations in Oklahoma.
This is a developing story.
