Victim of hit-and-run crash frustrated with criminal legal system, lack of help

A Park Hill woman said she’s frustrated that the man accused of crashing into her vehicle and injuring her last summer seems to be avoiding the criminal legal system.

Abigale Sutherland said the man who crashed head-on into her vehicle July 2023 is now wanted by Cherokee Nation Marshal Service, but the case seems to be at a standstill a year later.

According to the probable cause affidavit, Oklahoma Highway Patrol Trooper Aaron Wall responded to West 850 Road July 11, 2023, for a two-vehicle crash that involved injury. Wall arrived and observed a damaged Oldsmobile and a damaged Jeep Cherokee.

The driver of the Jeep, Sutherland, was transported to Northeastern Health System before she was taken to St. John’s Main in Tulsa and admitted in stable condition with abdominal, spinal, neck, head, and lower extremity injuries.

The driver of the Oldsmobile, Sammy Joe Kirk, a tribal member, fled the scene before first responders arrived. Wall attempted to locate Kirk at a family member’s house, but he was told Kirk left around three hours prior and hadn’t returned.

“On July 12, Sammy Kirk contacted Troop B HQ and stated that he wanted to turn himself in. Trooper Matthew Williams took Kirk into custody without any incident and transported Kirk to [the] Cherokee County Detention Center for leaving the scene of accident resulting in injury, based on this information, I placed the above listed subject under custodial arrest for leave scene of accident resulting in injury (felony), transport open container of alcohol, fail to keep right on road of sufficient width, operate vehicle while driver’s license suspended (first offense), [and] fail to properly wear seatbelt (driver),” Wall said in the affidavit.

On July 20, 2023, Kirk was formally charged by former Cherokee Nation Attorney General Sara Hill with one count of leaving the scene of injury collision and one count of driving while license is canceled or suspended.

According to tribal court records, Kirk's attorney, Ryan Cannonie, filed a motion to withdraw after Kirk failed to appear in court on April 4, 2024 and a bench warrant was ordered. The case was slated for a disposition May 2, 2024, which Kirk was allowed more time to obtain an attorney and ordered back June 20, 2024. A bench warrant was ordered that same day for failure to appear and his bond was forfeited.

“Now there’s a warrant out for him but when I talked to the victim advocate, she basically said it was a misdemeanor and doubts they’re going to do anything, they won’t go look for him unless they run across him,” Sutherland said. “What about me? I’ve been through so much crap and at this point, they’re looking at sending me to the Mayo Clinic.”

Sutherland, who is non-native, said she is still dealing with the physical injuries she sustained in the crash.

“I’ve had multiple back procedures, I get headaches all of the time now and it’s just, how is this even fair to me and there’s no punishment,” she said.

The Cherokee Nation was reached for comment but didn’t respond by press time.