A recent Oklahoma Court of Criminal Appeals ruling has criminals hopeful and victims nervous. The courts ruled that the Chickasaw and Cherokee reservations were never dis-established. According to this new ruling, major crimes committed by and against members of both nations within the boundaries of the reservations cannot be tried in county or city courts. They must be tried in federal or tribal courts.
This ruling stems from a ruling from the Supreme Courts last here stating that Oklahoma prosecutors have no authority or jurisdiction to try crimes on tribal reservations when the victims or defendants are tribal citizens.
Major charges like murder, rape, and arson would be placed in a federal court and smaller crimes would be handled by the tribal courts.
Even though the ruling in the case of ‘Shaun Bosse v Oklahoma’ has yet to take effect, the decision could possibly overturn a multitude of cases and convictions across Oklahoma. Bosse was sentenced to death in 2012 for the murder of Katrina Griffin and her two young children.
Because the murders took place on a reservation and the victims were tribal members, Bosse will get a new trial.
Marshall County resident Malina Villicana is concerned that her violent ex-boyfriend will be one of the next ones released due to the ruling. Villicana, who is Cherokee and Apache was shot twice by Choctaw native Russell Neasbitt in 2012.
Neasbitt shot Villicana once through the back of her neck, taking part of her skull. Then bullet then went through her shoulders. Villicana said the relationship was violent, but she was stuck because she had nowhere to go.
“He broke my neck in two places,” Villicana said. “The relationship was rocky, I got several threatening messages. I didn’t have money to get a protective order, and 17 days later I was shot.”
Neasbitt was sentenced to 18 years in 2014 for shooting with intent to kill in Marshall County Court.
Villicana said even though the shooting was over eight years ago, she deals with the trauma from it . She said she deals with constant headaches and still has bb-gun remnants in her head and stomach.
She said she was lifeflighted to the hospital and was admitted for 10 days.
“They put some stuff on me to keep me from bleeding and put me in the chopper,” Villicana said. “They told me not to move my head or neck or anything because he broke my neck in two places. Took part of my skull back here, blew muscles out of my shoulders.”
With the potential that her abuser could possibly go free, she said her “mental roller coaster has intensified 100-fold.”
Villcana said she feels let down by all governing agencies.
“I feel violated, I feel discriminated against because of the negligence of all three of them, the state, the federal government and the Indian territories,” Villicana said. “If they had had their stuff together like they should have I wouldn’t be going through this.”
Villicana said she fears for her safety if Neasbitt is freed, because he is “a very vindictive man” and she constantly lives in fear. The fear affects her personal life on all levels, she said.
“I can’t have a relationship with a man because I’m terrified, I can’t associate with people because I’m terrified,” Villicana said. “I can’t even sit in my home without thinking someone’s going to shoot me. If I see someone out and about even from the back my body shakes and I start to panic attack.”
Villicana said Neasbitt is due in court again soon and hoping the state keeps him in. She said that it should not matter where the crime was committed.
“It should not matter what land a crime is committed on,” she said. “The only thing that should matter is that crime.”
“They have already turned loose murderers, and rapists and now thousands more are going to be turned loose because of the negligence of the state of Oklahoma, the federal government and the Indian territories,” she continued. “It’s their fault I am being mentally tortured, right now. I’m scared, better yet, I’m terrified, angry and confused all at the same time.”