Case Facts: Delaware Nation VS Kerry Holton

Here are the facts for May 11, 2023, Delaware Nation VS Kerry Holton Trial:

ANADARKO, OK — Defendant Kerry Holton, Previous Tribal President, is charged by means of Information with nine counts of obscenity for publishing (nude) photographs of himself on a tribally owned computer system and with tampering with public property.

This case was originally set for ruling on September 12, 2022, before the Honorable Shannon Prescott, Delaware Nation Tribal Court District Judge.

The parties anticipate less than one-day for the entirety of the trial.

At some point prior to February 2019, in the jurisdiction of the Delaware Nation, KERRY HOLTON, committed the crimes of OBSCENITY and TAMPERING WITH PUBLIC PROPERTY, misdemeanors in violation of Sections 428 and 515 of the Delaware Nation Criminal Code, by unlawfully, intentionally, wrongfully, and without consent placing electronic photographs of himself fully undressed on a Delaware Nation computer(s) and/or electronic device(s). At the time of the offenses, KERRY HOLTON was an officer of the Delaware Nation and had access to Delaware Nation computers and electronic devices. Although committed at some unknown point prior to February 2019, these crimes were not discovered and could not have been diligently discovered until February 2019, when witness DEBORAH DOTSON located the files on Delaware Nation-owned computer(s) and/or electronic devices, likely a small flash-drive, which had previously been assigned to KERRY HOLTON.

Under Section 103 of the Delaware Nation Criminal Procedure Code, any time-based limitation of prosecution cannot begin to run until someone other than KERRY HOLTON knew or should have known that an offense had been committed. This Criminal Complaint is, therefore, timely.

KERRY HOLTON’s actions were contrary to the Criminal Offenses Code and against the property, peace, and dignity of the Delaware Nation.

CRIMINAL COMPLAINT

Klint A. Cowan, the specially appointed prosecutor for the Delaware Nation by the authority and in the name of the Delaware Nation, gives the District Court information that before this filing, within the Delaware Nation’s jurisdiction, the above-named individual, KERRY HOLTON, who is an adult male tribal member, did unlawfully, wrongfully, and willingly commit the offenses of:

  1. COUNT ONE: OBSCENITY 
    CODE: CRIMINAL OFFENSES CODE§ 515(3)
    RANGE OF PUNISHMENT: A FINE NOT TO EXCEED $500
  2. COUNT TWO: OBSCENITY 
    CODE: CRIMINAL OFFENSES CODE§ 515(3)
    RANGE OF PUNISHMENT: A FINE NOT TO EXCEED $500
  3. COUNT THREE: OBSCENITY 
    CODE: CRIMINAL OFFENSES CODE§ 515(3)
    RANGE OF PUNISHMENT: A FINE NOT TO EXCEED $500
  4. COUNT FOUR: OBSCENITY 
    CODE: CRIMINAL OFFENSES CODE§ 515(3)
    RANGE OF PUNISHMENT: A FINE NOT TO EXCEED $500
  5. COUNT FIVE: OBSCENITY 
    CODE: CRIMINAL OFFENSES CODE§ 515(3)
    RANGE OF PUNISHMENT: A FINE NOT TO EXCEED $500
  6. COUNT SIX: OBSCENITY 
    CODE: CRIMINAL OFFENSES CODE§ 515(3)
    RANGE OF PUNISHMENT: A FINE NOT TO EXCEED $500
  7. COUNT SEVEN: OBSCENITY
    CODE: CRIMINAL OFFENSES CODE§ 515(3)
    RANGE OF PUNISHMENT: A FINE NOT TO EXCEED $500
  8. COUNT EIGHT: OBSCENITY 
    CODE: CRIMINAL OFFENSES CODE§ 515(3)
    RANGE OF PUNISHMENT: A FINE NOT TO EXCEED $500
  9. COUNT NINE: OBSCENITY 
    CODE: CRIMINAL OFFENSES CODE§ 515(3)
    RANGE OF PUNISHMENT: A FINE NOT TO EXCEED $500
  10. COUNT TEN: TAMPERING WITH PUBLIC PROPERTY
    CODE: CRIMINAL OFFENSES CODE § 428(a)(l)
    RANGE OF PUNISHMENT: FINE NOT TO EXCEED $250 OR BY A TERM OF IMPRISONMENT NOT TO EXCEED THREE (3) MONTHS OR BOTH

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