Family members headed to court over charge of assault, battery
Feb. 15—Two out of three family members who are charged with assault and battery with a dangerous weapon and kidnapping are headed to jury trial.
On Jan. 6, 2021, investigators with the Cherokee County Sheriff's Office responded to reports of a disturbance in the area of Park Hill. Sgt. Pete Broderick arrived at the Mabray Ranch, where he could see two vehicles crashed just inside the front gate.
A man emerged from one of the vehicles had a noticeable head injury. He was asking for help as Nick and Gene Mabray emerged from the vehicle. Nick supposedly told Broderick the injured man, Jarrett Hutton, wasn't allowed on the property without a Writ of Assistance, and that he had struck Hutton with a firearm for trespassing.
The victim was contracted through the bank that owned the property, and he said was there to collect photos from deer cameras he set up. Nick reportedly ordered Hutton out of a vehicle at gunpoint, and took his phone and a firearm from him before he hit him several times with the barrel of the rifle.
Hutton told Broderick that Nick and Gene forced him to the ground, and a Mabray family member, Odom Hoffman, showed up and advised Nick and Gene they needed to kill the man and dump him and his truck into the lake. Hoffman then left. Hoffman returned to the property when the victim learned someone had notified authorities.
Nick and Gene were transported to the Cherokee County Detention Center and booked. Nick was charged with two counts of assault and battery with a dangerous weapon and kidnapping, while Gene was charged with assault and battery with a dangerous weapon and kidnapping.
District Attorney Jack Thorp charged Hoffman with solicitation for murder for encouraging Nick to shoot the man and dump his body. He was also charged with accessory to assault and battery with a dangerous weapon.
The case against all three men was dismissed on April 8, 2021, in the wake of the McGirt ruling. The U.S. District Court for the Eastern District of Oklahoma picked up the case, and federal agents found probable cause that Nick and Gene committed the crime of assault with a dangerous weapon with intent to cause bodily harm.
Warrants were issued for the Mabrays' arrest on Aug. 25, 2021, and local attorney Brian Duke appeared as council on their behalf. Nick and Gene's initial appearances were on Aug. 30, and they were remanded to the custody of the U.S. marshals. They were allowed to post bond on Sept. 2, 2021, and were released with conditions.
On May 11, 2022, an arrest warrant for Hoffman was issued. A sealed indictment was returned, charging him with conspiracy to commit assault with a dangerous weapon and misprision of a felony, meaning he deliberately tried to hide the fact. Arrest warrants for the indictment of Nick and Gene were issued on May 10, 2022, and they were arrested June. 2, 2022.
Nick and Gene pleaded not guilty to conspiracy to commit assault with a dangerous weapon, assault with a dangerous weapon and use of a firearm during a crime of violence.
Hoffman was allowed to bond out with restrictions, and a jury trial was slated for July 6, but was reset for September. A speedy trial waiver was filed for Hoffman, Nick, and Gene. They asked that all delays from the continuance of their trial be excluded from computation under the Speedy Trial Act.
Hoffman pleaded guilty Jan. 17, 2023, to misprision of a felony and has a suggested sentence to probation for an undisclosed amount of time.
Nick and Gene are slated for jury trial April 4, 2023 before District Judge Ronald A. White.
