Apr. 10—A Francis man whose state felony charges were dropped recently had his case picked up by the federal government.
Dion Shane Gilbert, 45, was taken into federal custody from the Pontotoc County Justice Center by U.S. marshals.
Acting U.S. Attorney for the Eastern District of Oklahoma Christopher Wilson said Gilbert "was charged by complaint March 31 with assault of a spouse, intimate partner, or dating partner by strangling, suffocating, or attempting to strangle or suffocate in Indian Country ..."
Gilbert was originally arrested in June 2020 after he reportedly beat his wife, then fought with law enforcement officers when they confronted him.
His state charges included assault and battery with intent to kill and three counts of assault and battery on a police officer. His motion to dismiss state charges were granted due "lack of subject matter jurisdiction over alleged crimes in Indian Territory.
At about 9 p.m. June 22, 2020, deputies responded to a residence in the 500 block of 10th Street in Francis in reference to a physical domestic disturbance.
"The reporting person advised that a female came to her door with a swollen beaten face stating to call 911 because her husband had assaulted her," Deputy William Lampkin said in a report. "The RP then advised (Gilbert) came outside which caused the female to run down the street barefoot telling the RP to go back inside or her husband would hurt her too."
Lampkin arrived on scene as met with the victim.
"(She) was visibly upset, her face was red, swollen, and bloody." Lampkin said. "(She) advised her husband Dion Gilbert consumed all 60 of his diazepam (a benzodiazepine) medication over the course of one week, then started drinking mouthwash to get drunk."
The woman said Gilbert became intoxicated and angry, then began to hit her and choke her.
She told deputies Gilbert would not go to jail without a fight, and bragged "all the time about fighting with law enforcement and stated it would take multiple officers to arrest him," Lampkin said.
While paramedics rendered aid to the victim, deputies and an OHP trooper went to speak with Gilbert
Lampkin said after asking Gilbert to exit his house to speak with them about what had occurred, Gilbert became hostile and said he wasn't coming outside without a search warrant.
"I then started up the stairs," Lampkin said in the report. "Gilbert tried to shut the door in my face, I extended my arm to keep the door open, Gilbert then struck me in the face with an open left hand strike, knocking my glasses to the floor. Gilbert then drew his left hand back and swung a punch at me. I ducked resulting in him punching Trooper (Keith) Teel in the face. I then grabbed a hold of Gilbert's legs and attempted to up-end him which failed. At that time he took another swing resulting in him punching Deputy (Kent) Kerr in the side.
"Deputy Kerr and Trooper Teel were then able to grab ahold of Gilbert's arms and pull him outside while I simultaneously grabbed his legs (to) lift a second time, resulting in Gilbert sliding down the stairs face first, then coming to stop at the bottom. At that point Gilbert was told he was under arrest. He continued to fight and resist until we were able to control both his arms and place him in handcuffs."
Paramedics also treated Teel's, Lampkin's and Gilbert's injuries, which were sustained during the fight.