Federal jury finds McAlester couple guilty of child abuse, neglect
Feb. 24—A federal jury took less than an hour Thursday to find a McAlester couple guilty of abusing and neglecting a 10-year-old girl for more than a year.
Ashley Schardein, 26, and her husband, Billy Menees, 28, were each found guilty on counts of child abuse in Indian country and child neglect in Indian country.
The seven-day trial took place at the federal courthouse in Oklahoma City with 18 witnesses for the prosecution and eight witnesses testifying for the defense.
The indictment filed against the pair states starting in January 2019 and continuing on into May 2020, Schardein and Menees "did willfully and maliciously cause harm and threaten harm, fail to protect from harm, and threaten harm, torture, and injure" the girl.
According to court documents, the pair is accused of abusing the girl by excessively punishing her with emotional and verbal abuse, physical abuse that including spanking, tying her hands and feet for long periods of time, shaving her head, not allowing her to use the restroom, and restricting her diet to oatmeal, spinach, and water.
Prosecutors originally charged the couple in May 2020 with child abuse by torture, kidnapping, conspiracy, and several charges of child abuse.
A state judge dismissed the charges against the couple in May 2021 due to their Native American status and the 2020 U.S. Supreme Court ruling in McGirt v. Oklahoma that stripped the state's criminal jurisdiction over Native Americans in what is defined by federal statute as "Indian Country." The pair was immediately taken into federal custody by federal agents and remained in custody.
The couple remains charged in Pittsburg County District Court for the alleged abuse of a 4-year-old girl. Schardein is accused of hitting in the back of the head and grabbing the arm of the 4-year-old while Menees is charged with "willfully permitting and allowing" the abuse, according to documents.
An affidavit filed in the case stated Menees told investigators the couple kept the girl in the room due to her behavioral issues and that he was usually at work during the day while Schardein stayed at home with the children.
The girl told investigators her head was shaved because "she had too many wetting accidents" with Menees claiming he shaved her head because he messed up a haircut, the affidavit stated.
Numerous bruises were also found on the girl, who said the bruises on her body came from being whipped with a barn paddle, a belt, and a sock with a bar of soap, the report states.
The documents also state the couple claimed the girl was self-harming and claimed they had video. Investigators reviewed the video and did not see the girl attempt self-harm.
Court records show the girl testified against the couple along with investigators and medical professionals who examined the child.
The couple unsuccessfully tried three times to have the indictments dismissed against the pair, claiming the federal government no longer had jurisdiction over the matter following the U.S. Supreme Court's ruling in Castro-Huerta v. Oklahoma. The pair has also claimed the State of Oklahoma's child abuse statute being used by the federal government was unconstitutional.
U.S. District Judge Timothy DeGiusti denied all three motions to dismiss the indictments along with a motion to suppress which claimed a search warrant filed for a cell phone used to obtain evidence against the couple was not written in "good faith."
A motion to have the case moved to Choctaw Nation District Court, where the couple would have faced less prison time, was also denied by DeGiusti.
The couple will be formally sentenced by DeGuisti on a later date following the conclusion of a pre-sentence investigation.
