Sentencing hearing scheduled in 2021 Mabray case

A sentencing hearing is slated for next week for a Park Hill man who was found guilty of pistol-whipping a man in 2021.

A federal jury found Nick Mabray guilty of conspiracy to commit assault with a dangerous weapon, assault with a dangerous weapon with intent to cause bodily harm, and using or carrying a firearm during a crime of violence.

According to reports, investigators with the Cherokee County Sheriff's Office were dispatched to the Mabray Ranch in Park Hill in reference to a disturbance on Jan. 6, 2021.

The victim, who had a visible head injury, asked investigators for help as Nick and Gene Mabray exited a vehicle. Nick admitted to striking the man with a firearm for “trespassing” as he "wasn’t allowed on the property."

According to court documents, the victim was on the property for the purpose of collecting photos from cameras he set up.

“[He] was carrying out his duties of checking cameras and placing locks and chains on property gates for RCB Bank on the former Mabray Ranch, located at 22639 S. 540 Rd. Park Hill, Oklahoma,” the affidavit stated. “[He] was leaving the property in his truck when Nick and Gene entered the property in their truck.”

The Mabrays struck the man’s truck before Nick pointed a rifle at him. Gene forced the victim out of the truck and Nick began to hit him with the firearm, according to reports.

“Nick continued to hit [the victim] while on the ground then stomped on his head. Nick put his foot on [his] neck and jaw and threatened to kill him,” the affidavit stated.

Odom Hoffman showed up and advised Nick and Gene they needed to kill the man and dump him and his truck into the lake.

“The men discussed killing [the victim] and hiding the body for several minutes until Hoffman took the rifle from Nick, along with some papers, and left the property. Nick eventually let [the victim] get up off the ground and get into Nick’s truck,” the affidavit stated.

The Mabrays were transported to the Cherokee County Detention Center and booked. Nick was charged with two counts of assault and battery with a dangerous weapon and kidnapping, while Gene was charged with assault and battery with a dangerous weapon and kidnapping.

District 27 District Attorney Jack Thorp charged Hoffman with solicitation for murder and accessory to assault and battery with a dangerous weapon.

On April 8, 2021, the case against all three men was dismissed due to the McGirt ruling. The U.S. District Court for the Eastern District of Oklahoma picked up the case, and warrants were issued for the Mabrays' arrest on Aug. 25, 2021.

They were allowed to post bond on Sept. 2, 2021, and were released with conditions.

On May 11, 2022, an arrest warrant for Hoffman was issued. He was charged with conspiracy to commit assault with a dangerous weapon and misprision of a felony. Arrest warrants for the indictment of Nick and Gene were issued and they were arrested on June. 2, 2022.

Hoffman pleaded guilty to misprision of a felony and has a suggested sentence to probation.

Gene pleaded guilty to conspiracy to commit assault with a dangerous weapon and was released from custody. According to court documents, the maximum punishment is a term of imprisonment of not more than five years and a fine not more than $250,000. He could receive a term of supervised release of not more than three years in length in addition to any term of imprisonment imposed by the court.

According to Nick’s sentencing memorandum that was filed Jan. 12, the guideline range of punishment for Nick on counts 1 and two is 37 months to 46 months and not more than a $250,000 fine. A term of supervised release of 1 to three years on each count and a $100 assessment. The range of punishment for count three is 84 months that would be served consecutively to other term of sentencing imposed.

According to the memorandum, Nick is asking the court to take the “failing health” of his parents and their need of his assistance into consideration before a sentence is imposed.

“Additionally, Nick Mabray’s girlfriend recently gave birth to the couple’s child, whom Nick Mabray has yet to be able to hold,” the memorandum stated.

The sentencing hearing is slated for Tuesday, Jan. 23 at 1 p.m.