Aug. 23—A Park Hill man has been found guilty on three counts related to a summer 2021 assault incident near a Cherokee County ranch.
A jury in U.S. District Court for the Eastern District returned a guilty verdict on Nick Allen Mabray for conspiracy to commit assault with a dangerous weapon in Indian Country, assault with a dangerous weapon with intent to cause bodily harm, and using or carrying a firearm during a crime of violence.
Although the defendant had been on pretrial release, the court ordered him immediately detained.
Jurors relied partly on a sworn statement presented by Special FBI Agent Benjamin Robinson.
Mabray had originally been charged with two counts of assault, kidnapping, robbery and interrupting an emergency call. His brother, Gene, had been charged with kidnapping, robbery and interrupting an emergency call.
In February of this year, the Daily Press reported that two of three family members were headed to trial in April based on the attack reported Jan. 6, 2021.
TDP reported that 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.
According to reports, a man emerged from one of the vehicles with a head injury. He was asking for help as Nick and Gene Mabray exited their vehicle. Nick supposedly told Broderick the injured man, Jarrett Hutton, wasn't allowed on the property, and admitted he had struck Hutton with a firearm for trespassing.
TDP reported, based on Broderick's report, that the victim said he had been hired by a bank that owned the property, and was there to collect photos from deer cameras he had 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 his rifle.
Hutton purportedly told Broderick that Nick and Gene forced him to the ground, and a Mabray family member, Odom Hoffman, showed up and told Nick and Gene they needed to kill the man and dump him and his truck into the lake. Hoffman then left.
District Attorney Jack Thorp had also charged Hoffman with solicitation for murder for encouraging Nick to shoot the man and dump his body, as well as 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. Nick's 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.
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.
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.