Plea expected in Born murder case

Kalup Allen Born

A plea agreement is expected in the case of the United States v. Kalup Allen Born, which was previously set for a December trial.

Born, 24, of Ada, is accused of kidnapping and killing 70-year-old Ada resident Brenda Carter in 2017.

According to federal court records, the government last week filed paperwork requesting “an extension of the notices’ and motions’ deadlines.”

In the filed paperwork, the U.S. Attorney’s Office for the Eastern District of Oklahoma wrote, “The parties (the prosecution and defense) have been in productive plea negotiations over the past several weeks.”

It was also written that it was anticipated that Born would sign a plea agreement in the case no later than Nov. 18.

U.S. Attorney for the Eastern District of Oklahoma Christopher Wilson told The Ada News that he is not at liberty to say whether or not a plea agreement has yet been signed, or to discuss the details of any anticipated agreement.

The extention was granted by the court and the magistrate judge in the case set a plea hearing for 10 a.m. Dec. 5.

In the murder of Brenda Carter, Born was indicted on four federal felony counts, including Murder in perpretation of robbery and kidnapping in Indian Country, first-degree burglary in Indian Country, robbery in Indian in Country and kidnapping in Indian in Country.

Born was originally charged by the state, but those charges were dismissed in relation to the “McGirt v. Oklahoma” ruling by the United States Supreme Court in 2020, and he was later charged in federal court.

In December 2020, while still in state custody at the Pontotoc County Justice Center, Born killed a fellow inmate.

He was tried earlier this year in federal court for that case and was convicted of a lesser charge than what the federal government was seeking.

Born was convicted in June of killing the fellow inmate -- 42-year-old Billy Joe Johnson -- in December 2020.

A federal jury found Born not guilty of murder, but instead guilty of the lesser charge of manslaughter.

According to a federal court document, the jury found Born not guilty of first-degree murder in Indian Country, not guilty of second-degree murder in Indian Country, but guilty on a third, lesser offense of voluntary manslaughter in Indian Country.

According to federal law, “voluntary” is described as “upon a sudden quarrel or heat of passion.”

The law also goes on to read, “Within the special maritime and territorial jurisdiction of the United States, whoever is guilty of voluntary manslaughter, shall be fined under this title or imprisoned not more than 15 years, or both.”

He has not yet been sentenced in that case.

Born and Johnson were incarcerated in a segregation pod in the Justice Center when Johnson was killed, according to Sheriff John Christian.

Christian said video footage shows on Dec. 14, 2020, Born walked over to Johnson, and, after words were exchanged, Born “sucker punched” Johnson, knocking him to the ground.

Christian said Born then began stomping on Johnson’s head. Video footage shows that Born stomped on Johnson’s head more than two dozen times, according to a court affidavit.

Johnson was hospitalized but succumbed to his injuries Dec. 19, 2020.

Brenda Carter

On Jan. 15, 2017, emergency officials were called to a house fire near Fittstown, which was believed to have been started by Born. He was seen by a passerby walking south on state Highway 99, not far from the fire. Authorities quickly located Born, and detained him while they investigated. Deputies said Born had a strong odor of alcohol when he spoke, and was eventually arrested on suspicion of public intoxication.

Firefighters responding to the fire reported seeing a car in a ditch along SH 99.

Former deputy Kevin Wood responded.

“I arrived at state Highway 99 and County Road 1670 and observed a vehicle in the creek facing straight up in the air,” Wood said in a report. “I exited my patrol vehicle and observed a female subject later identified as Brenda Carter (lying) face up in about eight inches of water. (Carter) was yelling for me to help her. I advised central dispatch to send EMS.”

Wood made his way down to Carter, who said she didn’t know what happened or how she got there. She was in a lot of pain and unable to walk, she told Wood.

“The water in the creek was extremely cold and she stated she had been there for a while,” Wood said. “I was able to carry (her) out of the water and most of the way to the creek bank before Deputy Zubair Khan arrived and helped me get (her) the rest of the way out of the water. EMS arrived and we were able to load (Carter) up on a backboard and carry her under the fencing and loaded her into the ambulance.”

Sheriff Christian said Carter later told authorities a man broke into her Ada home, put a knife to her throat and threatened to kill her several times. She told authorities the man took her with him as they drove to Tishomingo in her car, then turned around and drove back toward Ada before the wreck.

Carter was taken by Mercy EMS to Mercy Hospital Ada, then taken by Air Evac

Lifeteam to OU Medical Center in Oklahoma City and admitted with internal injuries.

Born was later interviewed.

“Born did give full confession to being the person that broke in Carter’s house, took her at knifepoint, drove her car and was driving when he backed off the bridge,” Christian said. “He also admitted to breaking into another house after the wreck, breaking into some vehicles, and then ultimately entering (the home near Fittstown) and setting it on fire.”

Carter spoke to authorities while hospitalized.

“In a statement she made at the hospital, she said Born pushed her out of the car,” Christian said. “We initially thought she just fell, but she said he pushed her out.”

After a lengthy hospital stay, Carter was eventually transferred to a rehabilitation facility, where she died about five months later.

Carter’s autopsy results indicated she died from multiple internal injuries due to blunt force trauma. The manner of death was listed as homicide.

Trending Video

Recommended for you