NEWS RELEASE
“Citizens who are stopped by traffic officers have constitutional rights. Professional law enforcement officers respect those rights. I am grateful to the overwhelming number of local, tribal, county, state and federal law officers who respect the law and put their lives on the line. They do what they can to protect themselves and us. They also maintain appropriate distance from motorists of the opposite sex, or any arrestee -- as the situation requires. This criminality, fortunately, is a rare aberration. We are grateful for the courage of the victim, her family and friends. I am particularly thankful for the excellent work by the FBI, AUSA Paul Hess, Victim Witness Specialist Mary Jo Speaker, and FBI Victim Specialist Dawn Urwin.” -- U.S. Attorney Sheldon J. Sperling

For Release: November 29, 2007
For Further Information Contact: Sheldon J. Sperling, United States Attorney or
Paul G. Hess, Assistant United States Attorney

MUSKOGEE, OKLAHOMA - Sheldon J. Sperling, United States Attorney for the Eastern District of Oklahoma, announced today that COKE DOUGLAS MAKERNEY, age 48, of Sawyer, Oklahoma, pled guilty to Deprivation of Rights Under Color of Law, in violation of Title 18 United States Code, Section 242.

“Charges arose from an investigation by the Federal Bureau of Investigation and Choctaw County Sheriff’s Office,” stated U.S. Attorney Sheldon J. Sperling. “MAKERNEY was indicted on November 7, 2007 .”

“MAKERNEY was the Police Chief of Sawyer, Oklahoma . While acting under color of law, that is, as a law enforcement officer, he sexually assaulted a female motorist. The defendant deprived the victim of her rights and privileges which are protected and secured by the Constitution and laws of the United States . Traffic arrestees have the right not to be deprived of liberty without due process of law, which includes the right to bodily integrity. This assault involved aggravated sexual abuse – the federal equivalent of rape - and resulted in bodily injury,” continued U.S. Attorney Sperling.

“The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee , accepted the defendant’s guilty plea and ordered the completion of a presentence report. Sentencing will be scheduled following its completion. The defendant was ordered by Judge Shreder to be jailed in the custody of the United States Marshal Service.”

“The statutory range of punishment is up to life imprisonment and/or up to $250,000.00 in fines and 5 years of supervised release,” stated U.S. Attorney Sperling

“Assistant United States Attorney Paul G. Hess did an excellent job to represent the United States .”

U.S. Attorney Sperling reported the following in-court narrative.

“In proceedings that began at 2:18 this afternoon, the defendant consented to enter his plea before a magistrate judge. Such a waiver is required because federal defendants have a right to have their plea hearing conducted by a federal district judge.”

“The Court inquired as to defendant’s competency. Judge Shreder then found the defendant competent to understand the nature, purpose and consequences of these proceedings.”

“AUSA Hess announced the nature of the charges. The federal statute is Title 18, Section 242. This law criminalizes a Deprivation of Rights in the form of aggravated sexual abuse, that is, rape. The punishment under statute is up to life imprisonment, a $250,000 fine, and 5 years of supervised release.”

“The Court engaged a detailed and careful discussion of the defendant’s rights. This discussion included prospective liability that restitution may be ordered.”

“The government estimated a base offense sentencing guideline level of 30, and an applicable advisory guideline range of 97 - 121 months. Acceptance of responsibility provisions of law may produce an ultimate advisory sentencing range of 70 – 87 months in prison. The defense counsel expressed a hope that the ultimate base offense level would be 27 and an advisory range of 70 – 87 months.”

“The defendant expressed satisfaction with his attorneys, James Branam and Sean Huffman.”

“The Court then explained in detail defendant’s rights to counsel, to confront witnesses, to produce witnesses against self-incrimination, to trial by jury, or to trial to the court if jury trial were waived, and to acquittal unless his guilt were proved beyond a reasonable doubt. The Court further explained that pleading guilty would be enough for the court to find defendant guilty.”

“The Court further ensured that defendant’s plea of guilty was voluntary. The defendant acknowledged he was prepared to accept any punishment permitted by law.”

“AUSA Paul G. Hess summarized the written agreement of defendant to plead guilty. The Court advised that sentencing court was neither bound by plea agreement and that U.S. Sentencing Guidelines are advisory. The defendant waived his right to a jury trial and signed the written waiver.”

“The defendant then pled guilty to the felony charge. He admitted that while acting as a police chief, during a traffic stop, he had sex with a woman at an intersection near Sawyer, with intent to deprive her of her constitutional rights. Under further questioning, the defendant admitted committing aggravated sexual assault, against the victim’s will, resulting in bodily injury.”

“AUSA Hess provided federal legal authority that sexual assault constitutes bodily injury – unique to and consistent with the forcible sexual act.”

“The Court also found the defendant mentally competent to appreciate the nature, purpose, and consequences of his criminal act. The Court further found the guilty plea voluntary, accepted defendant’s plea of guilt, and found him guilty.”

“Finally, the Court cited authority that the offense requires mandatory detention unless a motion for acquittal is likely to be granted or the government would recommend that no sentence of imprisonment be imposed. Neither being the case and given the seriousness of the offense, the Court remanded the defendant to the custody of U.S. Marshal.”