GUILTY OK - Mom shoots her 3 children, killing 1, critically injuring 1 & grazing 3rd, Beggs, 01 Nov 2018

[Seattle1]

Thanks a bunch for that info. So... she is going to represent herself?? For some reason I highly doubt it. I am sure the Judge will appoint someone to help her.

I downloaded the motions -- It's a doozy! I'll make some notes in a few days for you.

 

[Niner]

I downloaded the motions -- It's a doozy! I'll make some notes in a few days for you.

Okay - anxious to read it!

 

[Niner]

Mother agrees to plea, life sentence in shootings that killed two of her children

A deadline was looming this week for Amy Hall to plea before federal prosecutors planned to dismiss the case so "Oklahoma can reinstate prosecution and seek the death penalty" in the November 2018 slayings near Beggs.

tulsaworld.com

Oct. 26, 2022
An Okmulgee County woman charged in the 2018 fatal shootings of two of her children and the wounding of another has indicated she intends to plead guilty to murder and assault charges.

Amy Leann Hall, 42, will plead guilty to two counts of murder in Indian Country and one count of assault with intent to commit murder in Indian Country as part of a plea agreement with prosecutors, according to a court filing made Tuesday on her behalf.

A judge on Wednesday scheduled a hearing on Nov. 28 in Muskogee federal court regarding the plea.

An attorney for Hall indicated in court filings that the plea deal, which calls for her to serve life in prison, had a deadline of this past Monday.

 

[Seattle1]

Mother agrees to plea, life sentence in shootings that killed two of her children

A deadline was looming this week for Amy Hall to plea before federal prosecutors planned to dismiss the case so "Oklahoma can reinstate prosecution and seek the death penalty" in the November 2018 slayings near Beggs.

tulsaworld.com

Oct. 26, 2022
An Okmulgee County woman charged in the 2018 fatal shootings of two of her children and the wounding of another has indicated she intends to plead guilty to murder and assault charges.

Amy Leann Hall, 42, will plead guilty to two counts of murder in Indian Country and one count of assault with intent to commit murder in Indian Country as part of a plea agreement with prosecutors, according to a court filing made Tuesday on her behalf.

A judge on Wednesday scheduled a hearing on Nov. 28 in Muskogee federal court regarding the plea.

An attorney for Hall indicated in court filings that the plea deal, which calls for her to serve life in prison, had a deadline of this past Monday.

Great that this made MSM so I won't have to send you the Motions after all.

It was crazy -- defendant fired her attorneys, sent a letter to the judge saying she only met her lead attorney twice in 3 years, and the 2nd attorney once via skype!

All the while she had the time-sensitive plea deal pending where the clock was ticking and once it expired, she was going to be tried as a death penalty case.

Seems the judge saw the exercise for what it was -- a delay tactic. She was scheduled for an emergency hearing but that was canceled when she decided to keep her legal team. According to the news link, seems she still missed the deadline and the prosecutor must have made an exception to extend the offer for a life sentence with her guilty plea, subject to court approval.

 

[Niner]

@Seattle1 - yes, delay tactics!! Glad she plead guilty - or will - subject to court approval. I don't see why the court won't approve this deal. Life in prison sounds good for her!

 

[Seattle1]

@Seattle1 - yes, delay tactics!! Glad she plead guilty - or will - subject to court approval. I don't see why the court won't approve this deal. Life in prison sounds good for her!

Also, I think she didn't put sufficient postage on the letter and it was returned. That caused a big ruckus she wanted to use for the delay and the Judge told her it was moot because she fired her team and didn't want to talk to the prosecutor. He had to tell her that when you are acting as your own counsel, you HAVE TO COMMUNICATE WITH THE PROSECUTOR!

 

[Niner]

Monday, November 28th:
*Plea Hearing (@ am CT) – OK – Kayson Toliver (18) & Kloee (Toliver) Hall (16) (Nov. 1, 2018, Beggs; shot in the head by mom & injured 14 yr. old daughter was grazed in neck/head) – *Amy Leann Hall (39/now 41) indicted & charged (Federal) (10/28/20) & arraigned (11/16/20) with 2 counts of 1st degree murder & 1 count of assault with the intent to commit murder in Indian Country. Plead not guilty. Held without bond. Muskogee Federal court.
Was originally arrested (11/2/18) & charged (11/29/18) with 2 counts of 1st degree murder & 1 count of shooting with intent. Charged (3/8/19) with assault & battery (while in jail). Plead not guilty. Held without bond. Dismissed & Federal charges were made.
Trial was set to begin on 12/7/21 continued to 3/1/22 & continued to 6/7/22 continued to 12/6/22 & was continued on 2/7/23 which was cancelled due to plea agreement & a guilty plea.
Court info from 10/28/20 thru 4/8/22 reference post #117 here:
https://www.websleuths.com/forums/t...1-grazing-3rd-beggs-01-nov-2018.397807/page-6
4/11/22: #88: Order by District Judge Ronald A. White: granting #87 Motion to Extend Scheduling Order dates. Accordingly, the Jury Trial previously set for 6/7/22 is reset for 12/6/22 at 9:00am before District Judge Ronald A. White; Pretrial Motions due 10/25/2022 as to Hall.
10/14/22: #88: 8th Motion to Extend Scheduling Order dates by Hall. 10/17/22: #90: Order by District Judge Ronald A. White: granting #89 Motion to Extend Scheduling Order dates as to Hall. Accordingly, Jury trial previously set for 12/6/22 is RESET for 2/7/2023 at 9am before District Judge Ronald A. White. Pretrial Motions due 12/26/22. The pretrial conference will be set by the court at a later date. 10/19/22: #91: Motion to determine Counsel & Motion for Emergency hearing by Hall. Modified on 10/20/22 to edit & add event. 10/21/22: #92: Motion to Withdraw document(s) (Re: #91 Motion to Withdraw Attorney(s). Motion for hearing by Hall. 10/24/22: #93: Minute Order by District Judge Ronald A. White: granting #92 Defendant's Motion to Withdraw Document & deeming #91: Motion to Determine Counsel & Motion for Emergency hearing deemed withdrawn as to Hall. #94: Pro Se motion to Withdraw Attorney by Hall.
10/25/22 Update: Hall will plead guilty to 2 counts of murder & 1 count of assault with intent to commit murder in Indian Country as part of a plea agreement with prosecutors according to a court filing made Tuesday on her behalf. A judge on Wednesday scheduled a hearing on 11/28/22 in Muskogee federal court regarding the plea. An attorney for Hall indicated in court filings that the plea deal, which calls for her to serve life in prison, had a deadline of this past Monday.

 

[Seattle1]

Mother pleads guilty to murdering two children, wounding another in 2018

A woman from the Nuyaka area of Okmulgee County pleaded guilty Monday in a deal that calls for her to serve life in prison for murdering two of her children and wounding another in 2018.

tulsaworld.com

11/28/22

An Okmulgee County woman pleaded guilty Monday in a deal that calls for her to serve life in prison for murdering two of her children and wounding another in 2018.

Amy Leann Hall, 42, admitted to two counts of murder in Indian Country and one count of assault with intent to commit murder in Indian Country as part of a plea agreement with federal prosecutors in Muskogee federal court.

A grand jury indicted Hall in connection with the Nov. 1, 2018, fatal shootings of Kayson Toliver, 18, and Kloee Hall, 16, at their home near Nuyaka. Hall was also charged with shooting a third child of hers, a then- 14-year-old girl who was injured but managed to disarm her mother.

 

[Niner]

Mother pleads guilty to murdering two children, wounding another in 2018

A woman from the Nuyaka area of Okmulgee County pleaded guilty Monday in a deal that calls for her to serve life in prison for murdering two of her children and wounding another in 2018.

tulsaworld.com

11/28/22

An Okmulgee County woman pleaded guilty Monday in a deal that calls for her to serve life in prison for murdering two of her children and wounding another in 2018.

Amy Leann Hall, 42, admitted to two counts of murder in Indian Country and one count of assault with intent to commit murder in Indian Country as part of a plea agreement with federal prosecutors in Muskogee federal court.

A grand jury indicted Hall in connection with the Nov. 1, 2018, fatal shootings of Kayson Toliver, 18, and Kloee Hall, 16, at their home near Nuyaka. Hall was also charged with shooting a third child of hers, a then- 14-year-old girl who was injured but managed to disarm her mother.

In the article:

She will be formally sentenced at a later date.

And they probably don't have that date yet, eh @Seattle1 ??

 

[Seattle1]

In the article:

She will be formally sentenced at a later date.

And they probably don't have that date yet, eh @Seattle1 ??

This is a Federal court case so it will probably be a couple of months before the pre-sentence investigation is complete and the report issued and presented to the Judge (and time for the defendant to object to the report).

Federal Rule of Criminal Procedure 32 requires that the presentence report include a verified assessment of the financial, social, psychological, and medical impact upon, and cost to, any individual against whom an offense has been committed.

Rule 32. Sentencing and Judgment

www.law.cornell.edu

 

[Niner]

This is a Federal court case so it will probably be a couple of months before the pre-sentence investigation is complete and the report issued and presented to the Judge (and time for the defendant to object to the report).

Federal Rule of Criminal Procedure 32 requires that the presentence report include a verified assessment of the financial, social, psychological, and medical impact upon, and cost to, any individual against whom an offense has been committed.

Rule 32. Sentencing and Judgment

www.law.cornell.edu

Okay - I shall put a note in my stuff to ask again - say Jan. 5th. Probably too soon - but you never know!

 

[Niner]

@Seattle1 - just wondering IF there might be her sentencing hearing date posted yet?

TIA!

 

[Seattle1]

@Seattle1 - just wondering IF there might be her sentencing hearing date posted yet?

TIA!

Since the defendant's 11/28/22 hearing when she changed her plea, nothing posted on the docket for sentencing. Several entries sealed the records and her counsel granted permission to withdraw.

U.S. District Court
Eastern District of Oklahoma (Muskogee)
CRIMINAL DOCKET FOR CASE #: 6:20-cr-00111-RAW-1​

Assigned to: District Judge Ronald A. White

Defendant (1)

Amy Leann Hall

Date Filed	#	Docket Text
10/25/2022	95​	NOTICE of Intent to Plead Guilty as to Amy Leann Hall (Goncalves, Walter) (Entered: 10/25/2022)
10/26/2022	96​	MINUTE ORDER by District Judge Ronald A. White: Motion Hearing and Change of Plea hearing for 11/28/2022 at 1:00 PM in Courtroom 2, Room 224, US Courthouse, 5th & Okmulgee, Muskogee, OK before District Judge Ronald A. White as to Amy Leann Hall. (Re: 94 Pro Se MOTION to Withdraw Attorney(s)) (tls, Deputy Clerk) (Entered: 10/26/2022)
11/08/2022	97​	MOTION to Continue Change of Plea Hearing by Amy Leann Hall (Goncalves, Walter) (Entered: 11/08/2022)
11/09/2022	98​	ORDER by District Judge Ronald A. White: denying 97 Motion to Continue Hearing as to Amy Leann Hall (tls, Deputy Clerk) (Entered: 11/09/2022)
11/14/2022	99​	MOTION to Determine Counsel and MOTION for Emergency Hearing by Amy Leann Hall. (Goncalves, Walter) . Added event and text on 11/15/2022 (tls, Deputy Clerk). (Entered: 11/14/2022)
11/15/2022	100​	MINUTE ORDER by District Judge Ronald A. White: Motion Hearing set for 11/28/2022 at 1:00 PM in Courtroom 2, Room 224, US Courthouse, 5th & Okmulgee, Muskogee, OK before District Judge Ronald A. White as to Amy Leann Hall. (Re: 99 MOTION to Determine Counsel ) (tls, Deputy Clerk) (Entered: 11/15/2022)
11/18/2022	101​	NOTICE of Letter with Exhibit A as to Amy Leann Hall (With attachments) (Brambl, Victoria) (Entered: 11/18/2022)
11/28/2022	102​	MINUTES of Proceedings held before District Judge Ronald A. White: Motion Hearing and Change of Plea Hearing held on 11/28/2022. Guilty Plea entered to Counts 1, 2 and 3 of the Indictment as to Amy Leann Hall. Defendant remanded to custody of US Marshal. (Re: 94 MOTION to Withdraw Attorney(s), 99 MOTION to Determine Counsel) (Court Reporter: Joanna Smith) (tls, Deputy Clerk) (Entered: 11/28/2022)
11/28/2022	103​	WAIVER of Right to Trial by Jury by Amy Leann Hall, approved by District Judge Ronald A. White (tls, Deputy Clerk) (Entered: 11/28/2022)
11/28/2022	104​	PLEA AGREEMENT as to Amy Leann Hall (tls, Deputy Clerk) (Entered: 11/28/2022)
11/28/2022	105​	SEALED AGREEMENT SUPPLEMENT (tls, Deputy Clerk) (Entered: 11/28/2022)
11/28/2022	106​	MINUTE ORDER by District Judge Ronald A. White: In light of the hearing held on 11/28/2022 (Re: 102 Minutes of Motion Hearing and Change of Plea Hearing), Defendant's 94 Pro Se Motion to Withdraw Attorney and 99 Motion to Determine Counsel are deemed withdrawn as to Amy Leann Hall (tls, Deputy Clerk) (Entered: 11/28/2022)
11/28/2022	107​	MINUTE ORDER by District Judge Ronald A. White: In light of the Change of Plea entered by defendant on 11/28/2022, the Jury Trial previously set for 2/7/2023 at 9:00 a.m. is hereby STRICKEN as to Amy Leann Hall (tls, Deputy Clerk) (Entered: 11/28/2022)
11/28/2022	108​	MOTION to Withdraw Attorney by Amy Leann Hall. (Goncalves, Walter) (Entered: 11/28/2022)
11/29/2022	109​	MOTION for Leave to File Sealed Document (Goncalves, Walter) (Entered: 11/29/2022)
11/30/2022	110​	SEALED ORDER by District Judge Ronald A. White: granting 109 Motion for Leave to File Under Seal and directing Counsel to file said document under seal as to Amy Leann Hall (tls, Deputy Clerk) (Entered: 11/30/2022)
11/30/2022	111​	SEALED DOCUMENT (Re: 110 Ruling on Motion for leave to Seal Document(s) ) (Goncalves, Walter) (Entered: 11/30/2022)
12/06/2022	112​	ORDER by District Judge Ronald A. White: granting 108 Motion to Withdraw as Counsel of Record and deeming attorney Walter I. Goncalves, Jr. withdrawn as counsel for defendant Amy Leann Hall (tls, Deputy Clerk) (Entered: 12/06/2022)

Last docket entry 12/6/22

CM/ECF - oked LIVE Version 1.6.3

ecf.oked.uscourts.gov

 

[Seattle1]

@Seattle1 - just wondering IF there might be her sentencing hearing date posted yet?

TIA!

Not even close. The investigation report is still not filed and the Judge will then need time to review and make his decision. Also, the defendant could protest info in the report and that too will delay sentencing.

 

[RAISINISBACK]

Nuyaka mother accused in killings of two children indicted in federal court

October 29, 2020

In another case affected by a landmark Supreme Court ruling this summer, a federal grand jury has indicted an Okmulgee County woman on charges in connection with the 2018 shooting deaths of two of her children and the wounding of another.
[.....]
Hall has been jailed in Okmulgee County since Nov. 1, 2018, after Kayson Toliver, 18, and Kloee Hall, 16, were found shot that day in their home, located near the community of Nuyaka, southwest of Beggs, the Okmulgee County Sheriff’s Office said at the time. She was charged that month in Okmulgee County District Court with two counts of first-degree murder and one count of shooting with intent to kill.


So - maybe that is why nothing is going on with this case - she now has Federal charges?

Here's what the court site has - but no court date yet.

Docket:

10/21/2020 ORDER SETTING HEARING

link: "STATE OF OKLAHOMA vs. HALL, AMY LEANN " (CF-2018-00299) | On Demand Court Records

Because of McGirt. The state has no jurisdiction in the Creek Nation, Indian Territory as the children were members of the Creek Nation tribe, so the state of Oklahoma had to dismiss the charges which were then picked up by the federal government to be tried in federal court.

 

[RAISINISBACK]

Well it seems that her case in the Oklahoma court site says "Dismissed".

Does anyone know "how" I find her new Federal charges??

Docket:
10/30/2020 MOTION AND ORDER TO DISMISS COST WAIVED FILED AS FEDERAL CASE

"STATE OF OKLAHOMA vs. HALL, AMY LEANN " (CF-2018-00299) | On Demand Court Records

@Niner

Does anyone know "how" I find her new Federal charges??

Because of the McGirt ruling that the Creek Nation is not part of the state of Oklahoma but instead located in Indian Territory. So the state of Oklahoma has no jurisdiction over this case. That is because all 3 children are members of the Creek Nation Tribe. So Oklahoma will dismiss it and the federal prosecutor will pick it up and file charges. I am not sure you can find the federal charges if they are filed in Creek Nation Tribal Court, which may not be open to the public. I am not sure on this as I am not Creek but I am a member of a different tribe in Oklahoma and our Tribal courts are not open to the public.

JMO

 

[Seattle1]

@Niner

Does anyone know "how" I find her new Federal charges??

Because of the McGirt ruling that the Creek Nation is not part of the state of Oklahoma but instead located in Indian Territory. So the state of Oklahoma has no jurisdiction over this case. That is because all 3 children are members of the Creek Nation Tribe. So Oklahoma will dismiss it and the federal prosecutor will pick it up and file charges. I am not sure you can find the federal charges if they are filed in Creek Nation Tribal Court, which may not be open to the public. I am not sure on this as I am not Creek but I am a member of a different tribe in Oklahoma and our Tribal courts are not open to the public.

JMO

OP is replying to posts over 2 years old. Federal dockets have since been posted and the federal case is over -- as of 11/28/22 guilty plea. No sentencing date set.

 

[RAISINISBACK]

Mother agrees to plea, life sentence in shootings that killed two of her children

A deadline was looming this week for Amy Hall to plea before federal prosecutors planned to dismiss the case so "Oklahoma can reinstate prosecution and seek the death penalty" in the November 2018 slayings near Beggs.

tulsaworld.com

Oct. 26, 2022
An Okmulgee County woman charged in the 2018 fatal shootings of two of her children and the wounding of another has indicated she intends to plead guilty to murder and assault charges.

Amy Leann Hall, 42, will plead guilty to two counts of murder in Indian Country and one count of assault with intent to commit murder in Indian Country as part of a plea agreement with prosecutors, according to a court filing made Tuesday on her behalf.

A judge on Wednesday scheduled a hearing on Nov. 28 in Muskogee federal court regarding the plea.

An attorney for Hall indicated in court filings that the plea deal, which calls for her to serve life in prison, had a deadline of this past Monday.

@Niner

McGirt made a mess of the court system here in Oklahoma. First the ruling that half of Oklahoma was Indian Territory and that tribal members committing a crime on tribal land were not under state jurisdiction. Hall used this to get the state (which carries the death penalty) to dismiss her case and kick it to federal court. But Hall herself is not a Creek Tribal member, the 3 children were Creek Nation members. Then the Supreme Court clarified that McGirt only applied to the perpetrator, not the victims. Under this ruling, Hall who is not a Creek nation member IS under the jurisdiction of the state of Oklahoma. So the feds threatened to kick it back to the state of Oklahoma so she could be tried for the death penalty if she did not take the Life plea deal. So she took the deal and pled guilty.

JMO

 

[RAISINISBACK]

OP is replying to posts over 2 years old. Federal dockets have since been posted and the federal case is over -- as of 11/28/22 guilty plea. No sentencing date set.

@Seattle1

I am aware of that. Living less than 70 miles from Beggs Oklahoma and being Native American I have followed this case from day one. I commented to @Niner who asked why it was dismissed in state court then kicked up to federal charges.

Thank you for pointing out to me that these murders happened in 2018 and that Hall took a guilty plea though. I appreciate your concern that I was perhaps unknowingly replying to an old case.

JMO

 

[Seattle1]

@Seattle1

I am aware of that. Living less than 70 miles from Beggs Oklahoma and being Native American I have followed this case from day one. I commented to @Niner who asked why it was dismissed in state court then kicked up to federal charges.

Thank you for pointing out to me that these murders happened in 2018 and that Hall took a guilty plea though. I appreciate your concern that I was perhaps unknowingly replying to an old case.

JMO

No problem.

Once the Supreme Court ruled on McGirt (summer 2020), defendant Hall was indicted by a federal grand jury, and I've been pulling the federal court docket and sharing with @Niner ever since:

U.S. District Court
Eastern District of Oklahoma (Muskogee)
CRIMINAL DOCKET FOR CASE #: 6:20-cr-00111-RAW-1​