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Posted: Apr 15, 2021 3:44 PMUpdated: Apr 15, 2021 3:44 PM

Assault Case Dismissed on McGirt Rule

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Max Gross & Garrett Giles

An assault charge against a Bartlesville man was dismissed in Washington County Court on Thursday. Michael Flanigan appeared in court on Wednesday where district Judge Linda Thomas found probable cause to detain Flannigan. The State of Oklahoma set a $10,000 bond.

Flanigan was arrested on a warrant for an alleged assault with a dangerous weapon that occurred in Washington County.

In court Thursday, it was determined that Flanigan was a card carrying member of the Cherokee Nation. Based off the Oklahoma  v. McGirt ruling, the state does not have jurisdiction to prosecute Flanigan on these charges. District attorney Kevin Buchanan says this is an occurrence that has been happening frequently.

Although the case has been dismissed, the Cherokee Nation or the federal government still has grounds to prosecute this crime and others that have been dismissed due to the McGirt ruling.

 


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