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Tahlequah man convicted of second-degree murder

A Tahlequah man was convicted of second-degree murder in the Cherokee Nation District Court Thursday, Dec. 12.


Richard Lee Smith was initially charged with first-degree manslaughter after he fatally shot Dayne Whitehorn during an altercation in 2020.


According to reports, officers with the Tahlequah Police Department responded to reports of a shooting at Riverside Park in June 2020. Whitehorn, 25, was found on the ground and unresponsive. CPR was performed and Whitehorn was transported to Northeastern Health System, where he died a short time later.


Witnesses told officers Smith and Whitehorn had been fighting when Lee shot the man. Smith was taken into custody and charged with first-degree manslaughter by District 27 District Attorney Jack Thorp. The district court case was dismissed in 2021 due to lack of jurisdiction since Smith is a confirmed tribal member.


Smith was charged with first-degree murder in Cherokee Nation District Court in 2023 and he was found guilty of second-degree murder by a jury this week. Local attorney Crystal Jackson represented Smith.


Smith is slated to appear in court March 20, 2025 at 1 p.m. for sentencing.


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