Dash cam video from May 2021 shows the moment Jennifer Dye says she was assaulted. She and her family approached Bobby Sutterfield, who had just hit and injured her dog with his car. She says Sutterfield hit her in the face and pointed a gun. Okemah police responded, but since she was a tribal member, she was told to call Muskogee Lighthorse Police.
For over a year, Jennifer could not get charges filed or even direct answers.
"I got thrown around to quite a few departments," Jennifer said. "Basically, because I’m native and he’s non-native, no one would pick up the case."
It wasn’t until another Supreme Court ruling, Oklahoma vs. Castro-Huerta, that allowed her to take the case to the Okfuskee County District Attorney, who filed charges. Two years later and Sutterfield was convicted this week but has filed for an appeal.
Sadly, that trial comes on the heels of Dye burying her 28-year-old son, Kelby Spain. He went missing in March and she was told to file a report with Lighthorse.
"I cried, because I thought here we go again," Dye said.
For 10 days, she says she could not get an answer from investigators on where or whether they were searching for her son. Frustrated, she contacted the bureau of Indian affairs and says their coordinated effort found her son in less than half an hour just blocks from his apartment.
Jennifer believes law enforcement was not prepared for McGirt and they need more training.
A bill just passed this month requires law enforcement to coordinate with multiple agencies when a Native American adult goes missing. It also establishes a Kasey Alert System to close the gap between Silver Alerts for senior citizens and Amber Alerts for children.
2News reached out to Muscogee (Creek) Nation and haven’t heard back.
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