A man charged with allegedly raping a person "not of sound mind" was released from jail last week after his charge was dismissed, an indirect result of the "McGirt" ruling.
Bennie Melvin John, Jr., 56, of Ada, originally charged with "first-degree rape - victim of unsound mind," petitioned the court some time ago to "dismiss (the charge) for lack of subject matter jurisdiction over alleged crimes committed in Indian Country."
The court granted the motion to dismiss, but ordered a stay so that either the federal government or the Chickasaw Nation would have time "for a warrant or detainer from proper jurisdiction."
Last week, Pontotoc County District Judge Steven Kessinger wrote in a court document, "The District Court has been informed that neither the federal or tribal authorities will pursue prosecution in this case. It is therefore ordered, adjudged and decreed by the court that the defendant ... be released immediately from the Pontotoc County Justice Center."
John was originally charged in December after a woman alleged that John had raped her several times over a three-week period.
On Dec. 2, the woman walked into a convenience store and asked the clerk to call police, saying she had just been raped.
Ada police spoke with the woman who reportedly said she was homeless, had autism, and had recently came to Ada from Texas, via a bus.
According to a court affidavit filed by Ada police, the woman said she met John at a local park, and, that he informed her "he bought her at the dog trade and owned her, (and that) she was coming with him."
She told police due to being homeless, she went along.
While at John's residence, she said, she did not consent to having sex, reportedly told him no, and did not fight him off as she didn't want to get hurt.
The woman was taken to Mercy Hospital Ada where a SANE Exam was completed.
Police located John, and, during an interview, he reportedly told authorities that when he met the woman, "he and his brother invited her to stay at their house until she got back on her feet," according to the affidavit.
He also told police that the woman "started causing problems at the residence, and they asked her to leave."
Police said John at first denied having any physical contact with the woman, but after learning an exam was being performed at the hospital, he told them that the woman was his girlfriend, and that the sexual relations they had -- one time -- was consensual.
Police had had interactions with the woman on more than one occasion between July and October 2020, and during that time, she was taken to facilities to be treated for "mental issues."
According to the affidavit, she reportedly told police that "she had a chip implanted in her leg by a detective in Texas, and she could hear people talking over radio waves. She also said that she was the Queen of Scotland, and her father owned Ada.
She advised another police officer she was pregnant with triplets and Tim McGraw was the father. An officer reported during a conversation with (her), she was speaking gibberish and (she) told him she was speaking Greek."