Federal jury convicts 2 In death of Sallisaw man

Two individuals have been found guilty by a federal jury of voluntary manslaughter in the 2023 death of Ricky D. Henning, 58, of Sallisaw, according to a press release issued by the United States Attorney’s Office for the Eastern District of Oklahoma.

Mose A. Smith, 43, and Kimberly D. Ball-Gilbert, 42, both of Stilwell, were each found guilty of the charge in Indian Country. The charge is punishable by up to 15 years imprisonment and a fine up to $250,000.00.

Smith’s trial was held April 7-10, while Ball-Gilbert’s was held on March 19.

During Smith’s trial, the United States presented evidence that on or about July 17, 2023, Smith unlawfully killed Henning during an altercation at the victim’s residence south of Sallisaw, near Wildhorse Mountain.

The government presented evidence that during the altercation, Smith inflicted blunt-force trauma on the victim, causing extensive injuries that resulted in his death.

Smith then attempted to conceal the victim’s death and fled the state in Henning’s truck, along with Ball-Gilbert.

During Ball-Gilbert’s trial, she pleaded guilty to information of one count of voluntary manslaughter. At the plea hearing, she reportedly admitted to aiding and abetting Smith’s actions in causing Henning’s death.

The guilty verdict was the result of investigations by the Federal Bureau of Investigation, Sequoyah County Sheriff’s Office, Grant County, Wisconsin Sheriff’s Office, and Wisconsin State Crime Laboratory.

Sequoyah County Sheriff Larry Lane said an investigation started after a family member of Henning’s was told that no one had heard from him or seen him in about a week.

“The original call we received was to file a missing person report, and Deputy Justin Deuley was the initial responding officer,” Lane said. “Although there was no apparent blood or immediate signs of a crime, Deputy Deuley had a suspicion that there could possibly be more to the story. He made a very good, detailed report and took several good pictures at the residence that later turned out to be crucial in this case.”

Lane said Smith and Ball-Gilbert were later arrested in Iowa/Wisconsin in Henning’s truck, a 2007 Chevrolet, after trying to elude police there on a separate crime.

“Investigators Dwayne Frizzell and BR Rutherford immediately traveled there to conduct interviews on both suspects,” Lane said. “The two admitted to killing Henning and gave the investigators the location where they hid the body in a remote area near Bunch, on the Adair/Sequoyah County line.”

Smith and Ball-Gilbert will remain in the custody of United States Marshals until sentencing. They will be scheduled for sentencing following completion of the presentence reports after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant U.S. Attorneys Patrick M. Flanigan and Lewis M. Reagan represented the United States.