Judge sentences Sizemore to 15 years in prison
Jan. 25—MUSKOGEE — A Krebs man found guilty on charges of manslaughter and child abuse in the 2016 death of his daughter said he was sorry for the pain he caused to his family before he was sentenced to 15-years in prison.
Devin Sizemore became emotional during his Thursday sentencing hearing at the federal courthouse in Muskogee when he spoke and "apologized to everyone" in his family because "he was responsible that day" for the loss of "a very special girl."
Sizemore, 29, was accused of drowning his 21-month-old daughter, Emily, in a pond near Krebs on July 15, 2016, and assaulting then-Krebs Police Officer Jack Suter during his arrest.
A federal jury found Devin Sizemore guilty in April 2023 of voluntary manslaughter in Indian Country and child abuse in Indian Country.
U.S. District Judge Ronald A. White sentenced Sizemore to serve 15-years for each count in the custody of the Bureau of Prisons with the sentences to run concurrently.
The jury acquitted Sizemore of counts of first- and second-degree murder in Indian Country and a count of assault and battery on an officer in Indian Country.
White denied a request made by Sizemore's defense to sentence Sizemore to time served, meaning Sizemore would be released from the custody of the U.S. Marshal Service and serve no prison time.
His attorney maintained the sentence of time served was warranted due to Sizemore's "relative youth, diminished capacity, and mental illness" at the time of the crime.
Federal prosecutors asked White to sentence Sizemore to "decades of prison" and pointed to a mental health review conducted by the federal government that found "insufficient evidence" that Sizemore suffered from mental illness.
Along with his prison sentences, White recommended the BOP determine if Sizemore was eligible to participate in any mental health and drug and alcohol treatment programs while he is in custody. White also recommended the BOP determine if Sizemore was eligible for any time served since 2016.
The judge also recommended Sizemore serve his time at the federal prison in Seagoville, Texas.
Upon his release, White also ordered Sizemore to be supervised by the U.S. Probation Services for three years.
A Pittsburg County jury originally convicted Sizemore in September 2018 of first-degree murder in Emily's 2016 death. The conviction was overturned in 2021 after the Oklahoma Court of Criminal Appeals applied the 2020 U.S. Supreme Court ruling in McGirt v. Oklahoma to the Choctaw Nation.
Sizemore was indicted in May 2021 in the Eastern District of Oklahoma for the crimes following the dismissal of his state charges.
During the April 2023 trial, defense attorneys for Sizemore argued there was no proof on how Emily got into the water. They argued the child's death was an accident because she could have fallen into the pond herself during the commotion of trying to get Sizemore into custody.
The defense argued officers should have immediately begun to rescue Emily from a pond near Krebs Lake Road when she was first spotted in the water instead of focusing over four minutes on getting Sizemore out of the water and into custody.
During an interview with prosecutors, Sizemore told investigators he put his daughter in a pond to "baptize her, because of all the evil in the world" and that he held her head under the water for "maybe 30 seconds."
Sizemore claimed to investigators that "something went wrong" but he was able to bring his daughter back to life after performing CPR on her.
