Oklahoma Man Sentenced to Statutory Maximum of 10 Years for Racially Motivated Hate Crime Against Black Man

OKLAHOMA CITY – An Oklahoma man was sentenced to 120 months in prison, followed by three years of supervised release, and ordered to pay $68,186.64 of a total amount of $113,644.40 in restitution to the Black victim of the offense for his role in a racially-motivated attack in Shawnee, Oklahoma.

On January 18, 2022, a federal grand jury in the Western District of Oklahoma returned a two-count indictment charging Devan Wayne Johnson, 28, of Oklahoma City, and co-defendant Brandon Wayne Killian, who are white, with physically assaulting a Black man - as well as the Black man’s white friend - in the parking lot of the Brickhouse Saloon in Shawnee. The indictment alleges that the assault occurred because of the Black man’s race and color. Johnson pleaded guilty to one count of committing a hate crime in September 2022.

“This defendant is being held accountable for brutally assaulting a Black man because of his race,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue to enforce our federal civil rights laws to prosecute those who commit violent hate crimes in our country.”

“Heinous, hate-fueled crimes such as this have no place in our state or country,” said United States Attorney Robert J. Troester for the Western District of Oklahoma. “This is the first case sentenced in the Western District of Oklahoma under the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act. The judge’s decision to give the maximum penalty in this case sends a strong message, and we will continue to aggressively combat all hate crimes and seek justice for those victimized by hate.”    

“Hate crimes have a devastating impact on not only the victims and their families, but on entire communities as well,” said FBI Oklahoma City Special Agent in Charge Edward J. Gray. “Today’s sentencing highlights the FBI’s work to ensure everyone feels safe in their own community, without fear of being harmed because of the color of their skin. There is absolutely no place for race-based violence in the state of Oklahoma.”

Assistant Attorney General Clarke, U.S. Attorney Troester, and Special Agent in Charge Gray made the announcement.

Killian will be sentenced on August 14.

The FBI Oklahoma City Field Office investigated the case. Assistant U.S. Attorney Julia E. Barry for the Western District Oklahoma and former Trial Attorney Avner Shapiro of the Civil Rights Division’s Criminal Section prosecuted the case.

Reference is made to public filings for more information.