Description: Tulsa, Oklahoma criminal defense lawyer represented the Defendant charged with involuntary manslaughter in Indian Country.

Bailey Warren Sparkman, age 23, a Cherokee nation citizen, pleaded guilty shooting and killing his uncle.

Bailey admitted that although the uncle had recently been kicked out of the house, he had a room and belongings there. Bailey was unaware that his uncle had returned to the home when he went downstairs and saw someone standing inside looking out the back door. Bailey further admitted that he retrieved a gun and without trying to ascertain the identity of the person fired a single shot striking the victim in the back of the head.

Bailey faces a maximum sentence of 8 years in federal prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. A date for sentencing has not been set.

The Owasso Police Department and FBI conducted the investigation.

Assistant U.S. Attorney Shannon Cozzoni and Valeria Luster are prosecuting the case.

18 USC 1151, 1153, and 1111: First Degree Murder in Indian Country; Forfeiture Allegation: 18 USC 981(a)(1)(C) and 28 USC 2461: Firearms Forfeiture
(1)
18 USC 1151, 1153, and 1112: Involuntary Manslaughter in Indian Country; Forfeiture Allegation: 18 USC 924(d)(1) and 26 USC 5872, as made applicable by 28 USC 2461(c) - Firearms Forfeiture
(1s)
18 USC 924(c)(1)(A)(iii): Carrying, Using, Brandishing, and Discharging a Firearm During and in Relation to a Crime of Violence; Forfeiture Allegation: 18 USC 981(a)(1)(C) and 28 USC 2461: Firearms Forfeiture
(2)

Outcome: "The base sentence for involuntary manslaughter under federal sentencing guidelines is a 10 to 16 month prison sentence, which increases if the crime was committed through an act of reckless conduct. The minimum sentence for involuntary manslaughter committed with an automobile is higher still, although judges may use a certain amount discretion in those cases." Findlaw

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