Date: 04-05-2024

Case Style:

United States of America v. Bennie Frank Withrow, IV

Case Number: 4:22-CR-109

Judge: Gregory K. Frizzell

Court: The United States District Court for the Northern District of Oklahoma (Tulsa County)

Plaintiff's Attorney: The United States Attorney’s Office in Tulsa

Defendant's Attorney:

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Description:

Tulsa, Oklahoma criminal defense lawyer represented the Defendant charged with .

Gang Member Sentenced to Life, plus 10 years for Retaliation Murder After Federal Trial Conviction

A Universal Aryan Brotherhood gang member was sentenced today for First Degree Murder in Indian Country and Carrying, Using, and Discharging a Firearm During and in Relation to a Crime of Violence, announced U.S. Attorney Clint Johnson.

Bennie Frank Withrow, IV, 38, of Tulsa, was sentenced to life plus 120 months imprisonment, followed by 5 years of supervised release.

In December 2021, Dustin Tucker and his girlfriend bought methamphetamine from a drug dealer affiliated with the Universal Aryan Brotherhood (UAB) gang. After leaving the drug dealer's house, they were stopped by Tulsa Police officers. During the traffic stop, officers found methamphetamine on Dustin and a firearm in the car. While detained, Dustin told officers where he bought the drugs. The police then released Dustin and the girlfriend.

Dustin’s girlfriend attempted to warn the drug dealer, but officers were already at the drug house serving a search warrant. The girlfriend then called UAB gang member Bennie Withrow and told him about what happened.

Later that night, Dustin made plans to go to a casino with Withrow and a third friend. On the way, Withrow suggested they pull over to use drugs first. After they got out of the car, Withrow shot Dustin numerous times, leaving him to die in a field. Dustin’s body was found several days later in this field in Osage County. Withrow bragged to at least two people about killing Dustin.

A federal jury found Withrow guilty in July 2023 for the retaliation killing of Dustin Tucker.

Dustin was a citizen of the Cherokee Nation. Withrow will remain in custody pending transfer to the U.S. Bureau of Prisons. The FBI, Tulsa Police Department, Osage County Sheriff’s Office, and Osage Nation Police Department investigated the case. Assistant U.S. Attorneys David Nasar and Dennis Fries prosecuted the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. For more information about PSN, please visit Justice.gov/PSN.

Outcome:

Defendant was found guilty and sentenced to life plus 120 months imprisonment, followed by 5 years of supervised release.

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