Federal jury convicts Mabray of assault, firearm crimes

The United States Attorney’s Office for the Eastern District of Oklahoma has announced that Nick A. Mabray, 37, of Tahlequah, was found guilty by a federal jury of all counts charged in the indictment, specifically one count of conspiracy to commit assault with a dangerous weapon in Indian Country, one count of assault with a dangerous weapon in Indian County, and one count of brandishing a firearm in furtherance of a crime of violence.

The jury trial began with testimony on August 14 and concluded on August 15, with the guilty verdicts. The verdicts were the result of investigations by the Federal Bureau of Investigation and the Cherokee County Sheriff’s Department.

Nick Mabry, along with Gene Mabray and Odom Hoffman, was indicted by a federal grand jury in May 2022. During the trial, the United States presented evidence that on Jan. 6, 2021, Nick Mabray had a confrontation with an agent of RCB Bank at a foreclosed property in Park Hill. During the incident, Mabray drove his truck into the agent’s vehicle before beating him with a 22-250 rifle and holding the agent against his will.

The government also presented evidence that during the altercation, Gene Mabray took the victim’s cell phone to prevent calls for help, and Hoffman removed the rifle from the scene to conceal evidence of the crimes. These crimes occurred in Indian Country, within the boundaries of the Cherokee Nation Reservation of Oklahoma, in the Eastern District of Oklahoma.

On Jan. 17, 2023, Hoffman, 58, formerly of Tahlequah, pleaded guilty to one count of the felony offense of misprision. At his hearing, Hoffman admitted that on Jan. 6, 2021, he arrived to find the victim on the ground, but failed to summon help, and that he removed the rifle Nick Mabray used in the assault from the scene of the crime.

On July 5, 2023, Gene Mabray, 67, of Cherokee County, pleaded guilty to one count of conspiracy to commit assault with a dangerous weapon in Indian Country. At his plea hearing, Gene Mabray admitted that on Jan. 6, 2021, he took the victim’s cell phone and firearm during the altercation.

The Honorable Ronald A. White, Chief Judge in the United States District Court for the Eastern District of Oklahoma, presided over the trial in Muskogee, and ordered the completion of a pre-sentence report. The sentencing will be scheduled following completion of the report.

Nick Mabray will remain in custody of the United States Marshal until sentencing. Hoffman and Gene Mabray were granted conditional release from custody after entering their pleas and are awaiting sentencing.

Special Assistant United States Attorneys Robert F. Moody and Casey Richmond represented the United States.