Cherokee Nation Court Tosses Evidence After Wrong Judge Issued Warrant

TAHLEQUAH, Okla. — A Cherokee Nation District Court judge has thrown out key evidence in a Rogers County homicide case after ruling that investigators obtained a search warrant from the wrong court, a decision that could significantly undermine the prosecution.

Cherokee Nation District Judge Luke Barrett Photo: Cherokee Courts

The case involves Randall Eric Mizer, charged with first-degree manslaughter in the April death of Foyil resident Ryan Veysey. Court filings show Rogers County deputies sought their search warrant from a state judge, even though the investigation involved a Cherokee Nation citizen and occurred in Indian Country. Under federal law and post-McGirt jurisdiction, such warrants must be issued by a tribal or federal judge.

Cherokee Nation District Judge Luke Barrett ruled the warrant invalid on Oct. 24, suppressing evidence gathered during the search.

Veysey’s son, Austin, said the ruling was “disheartening,” expressing concern that accountability for his father’s death may now be at risk.

Rogers County Sheriff Scott Walton defended his deputies, saying similar warrants had been used for years and that his office expected prosecutors to navigate jurisdictional rules. Barrett’s decision suggests those practices no longer meet legal standards.

The case is scheduled for a pretrial conference on Jan. 13, 2026.

The ruling highlights ongoing challenges for Oklahoma law enforcement agencies adjusting to jurisdictional shifts following the McGirt v. Oklahoma decision, which affirmed that much of eastern Oklahoma remains Indian Country under federal law.