After what has been a federal and tribal legal quagmire, Thomas Mongrain Eaves was released from Osage County Jail today.
Eaves, 57, was arrested in August of last year for allegedly beating to death his non-Indian girlfriend Starr Pennington, 44, at his residence on federal Indian land. The case was tried in April in federal court.
However, after U.S. District Judge John Dowdell ruled that Eaves was illegally arrested due to procedural issues and dismissed the case, the Osage Nation filed a charge of second-degree homicide to keep him in jail.
ON Assistant Attorney General Jeff Jones said in April that he hoped the U.S. attorney’s office would press new charges so Eaves could be tried again. But, he said, that office has not refiled.
Jurisdiction
Under the Major Crimes Act, tribes do not have jurisdiction over major crimes such as homicide that happen on their reservations. Tribal courts can prosecute major crimes but can only issue a penalty of up to one to three years in jail and fines. Felony cases are the jurisdiction of the federal government.
Jones noted that there is no statute of limitations on murder and that the U.S. Attorney’s Office can file new charges against Eaves if new evidence is discovered. If convicted in federal court, he would go to federal prison.
According to the ON affidavit for Eaves’ arrest warrant, Pennington’s body had multiple bruises, and the Oklahoma Chief Medical Examiner’s Office said a head injury occurred shortly before death and could not have been caused by a fall. Its report also said that Pennington had five broken ribs from a previous injury and two from a recent injury, and that bruises covered her back, legs, arms and head.
The case was turned over to the FBI, and the ONPD assisted thereafter. On Sept. 1, 2015, an autopsy revealed that Pennington had died from blunt force trauma to the head.
According to an article in the Tulsa World, Eaves was convicted of second-degree murder in 1986 for the shooting death of his father, Wilbur Eaves. He served almost 12 years in prison, according to the Oklahoma Department of Corrections.
Eaves also served 31 months in federal prison in 2000 after pleading guilty for tampering with a victim by intimidation, physical force and threats, according to the Tulsa World.
Released
Eaves appeared before ON Trial Court Judge Marvin Stepson on Sept. 22 to review the dismissal motion filed by his lawyer Gene Dennison on Sept. 1.
Dennison, Osage, filed paperwork in the Trial Court to release Eaves from custody due to speedy trial issues. Eaves has been in jail for 163 days without a court-appointed attorney and has a constitutional right to a speedy trial, Jones said.
Stepson signed the paperwork releasing Eaves from jail.
“I don’t think it was in the interest of justice; but I don’t think it ever got its day in court,” Stepson said. “This has never happened to me before.”
Stepson has been a practicing attorney and judge for over 30 years and a judge for the Osage Nation for 10 years.
Dennison asked to be released from the case since it had been dismissed.
As Eaves walked out of the courthouse, he was asked how he felt about the dismissal.
“They are going by their own policy, and now they have to live up to it,” he said.
With additional reporting by Tara Madden.
(This story was corrected on Sept. 22 to clarify tribal jurisdiction and updated on Sept. 23)
By
Shannon Shaw Duty
Original Publish Date: 2016-09-22 00:00:00
