Jimcy McGirt expected to be released from prison in coming weeks

TULSA, Okla. — The man at the center of the U.S. Supreme Court case that changed the way cases involving Native Americans are handled, is expected to be released from prison in the coming weeks.

The McGirt decision regarding Tribal sovereignty allowed Native Americans facing criminal charges to only be prosecuted in Federal courts.

Jimcy McGirt pleaded guilty to one count of aggravated sexual abuse in Indian Country.

He was previously sentenced to life in prison in 1997 for sexually abusing a 4-year-old girl.

However, The Supreme Court ruled in 2020, that the State of Oklahoma didn’t have the jurisdiction to prosecute him and he should have been Federally tried instead.

He was tried after that ruling and sentenced to 30 years with credit for time served.

Now at 74 years old, his lawyer said he’s served that time. His attorney said he will be released in about a month.

His attorney said McGirt went before the judge on Thursday and the judge accepted an agreement and agreed that McGirt has served his 30 years based on how the Federal Bureau of Prisons (FBP) calculates time served. He said this is an 85% crime and that FBP gives 15% credit for every year served so he’s reached more than 30 years even though by calendar years it has not been 30 years since the crime.

His attorney released the following statement to FOX23.

“He’s pleaded guilty in anticipation of his release. His family is awaiting his arrival. Arrangements have been made for him to interact with the community in a safe and responsible fashion.”