Man Convicted of Child Abuse Resulting in Death and Voluntary Manslaughter

A federal jury convicted an Oklahoma man on April 10 for the death of his daughter in Indian Country.

According to court documents and evidence presented at trial, Devin Warren Sizemore, 28, of McAlester, drowned his 21-month-old daughter. Sizemore was estranged from the child’s mother when he took the child for a visit. When he did not return the child and did not return to his residence, law enforcement was notified. Officers located Sizemore at a barn near a pond, where they confronted him and realized the child was face down in the pond. Sizemore admitted he “baptized” the victim and held her under water for approximately 30 seconds.

The Department of Justice’s Criminal Division and U.S. Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant and victim in this case are members of a federally recognized Indian tribe and the crimes occurred in Pittsburg County, within the boundaries of the Choctaw Nation Reservation and within the Eastern District of Oklahoma.

Sizemore was convicted of child abuse resulting in death and voluntary manslaughter and will be sentenced at a later date. Sizemore faces a maximum penalty of life in prison for the child abuse resulting in death charge and 15 years in prison for the voluntary manslaughter charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney Christopher J. Wilson for the Eastern District of Oklahoma, and Special Agent in Charge Edward J. Gray of the FBI Oklahoma City Field Office made the announcement.

The FBI, Oklahoma Bureau of Investigation, McAlester Police Department, Krebs Police Department, and Pittsburg County Sheriff’s Office investigated the case.

Trial Attorneys Lisa K. Man and Gerald A. A. Collins of the Criminal Division’s Organized Crime and Gang Section are prosecuting the case, with assistance from the U.S. Attorney’s Office for the Eastern District of Oklahoma and the District 18 (Pittsburg and Haskell Counties) District Attorney’s Office.