Legal Analyst Talks Release Of Jesse McFadden in Mass Murder-Suicide Case

Jesse McFadden, the suspect in the mass murder-suicide in Okmulgee County, should have been held without bond after he was released from prison for a rape conviction because of allegations of sexting with a minor while he was still behind bars, said an Oklahoma City-based attorney.

Irven Box, a legal analyst for News 9, weighed in on the tragedy near Henryetta.

"There are monsters. I deal with them as a police officer, I arrested them. As a prosecutor, I prosecuted them. There are people out here that are monsters and we don't know until they do these actions," said Box. "But it's just unbelievable and so tragic for those young people."

Police said the 39-year-old McFadden shot and killed his wife, 35-year-old Holly McFadden, her three children - 13-year-old Tiffany Guess, 15-year-old Michael Mayo and 17-year-old Rylee Allen - and Guess' friends, 14-year-old Ivy Webster and 16-year-old Brittany Brewer. McFadden then shot and killed himself, said Okmulgee Police Chief Joe Prentice, who leads the District 25 Violent Crime Task Force.

Their bodies were found outside McFadden's home on a property on Holly Road near Henryetta.

Prentice said Webster and Brewer were friends with Guess and were allowed to spend the night with her at the McFadden home on Saturday. Because they didn't return to their families, they were reported missing Monday morning. That led to the Violent Crime Task Force obtaining a search warrant, and with the help of the Oklahoma State Bureau of Investigation, the group found the seven bodies on the property Monday.

Jesse McFadden was convicted of first-degree rape in 2003 in Pittsburg County and was sentenced to 20 years in prison. He was released from prison in 2020 after serving 17 years.

Kay Thompson, acting chief administrator for the Communications Office of the Oklahoma Department of Corrections, issued a statement explaining McFadden's release date.

"State statute dictates ODOC base an inmate’s incarceration on a level system that determines custody level, job status, program status and privileges. The level system (OP-060107) encompasses multiple criteria including behavior and attitude, program and education assignments, and general hygiene. Inmates begin earning credits upon reception, however, for crimes with an 85% minimum time served, those credits are banked and not applied until the 85% date is reached," the statement said. "Inmate Jesse McFadden was sentenced to 20 years in 2003 and was received into ODOC custody in January 2004. Per state statute, for his conviction, McFadden had to serve no less than 85% of his sentence, which is a minimum of 17 years. Inmates are given credit for time served within county jails, which in his case was 76 days, moving his release date to Oct. 30, 2020."

While McFadden was still in prison serving time for his rape conviction, he was charged in 2017 for allegedly using a contraband cell phone to send nude photos and have sexual conversations with a minor, often referred to as "sexting." McFadden was scheduled for a jury trial on Monday in Muskogee County on those allegations.

The Department of Corrections said in its the statement that McFadden was penalized for the sexting allegations while he was in prison.

"McFadden was a Level 4 inmate for most of his incarceration, however, he was assigned to Level 1 in January 2017 following his misconduct occurring in December 2016 for possessing a contraband cellphone. He returned to Level 4 through the proper steps in June 2017 through the end of his incarceration. When McFadden reached his 85% date, his banked credits were applied, and he was released," the statement said.

But Box said McFadden should have been penalized further.

"I don't see how he could have got day's credit and got more credit and got out that soon if he committed a crime while he was in prison," said Box. "Looks like he should have lost all of his credits."

The trial for the alleged sexting was initially slated to begin much earlier, but unexpected delays over the years - including the death of McFadden's attorney, the departure of the first prosecutor on the case, an injury to another prosecutor, and the pandemic closing down the courts - caused the trial date to be set several times, said Muskogee County District Attorney Larry Edwards.

Box said a case taking that long to get to trial is not unusual. But after McFadden was released from prison in 2020, he should have been held without bond until he went to trial for the sexting case, said Box.

"The district attorney can call in and ask the judge. 'Look, this guy's a danger. He was a danger outside the prison. Now, he's a danger inside the prison and we don't want him on the streets again. We want you to hold him without bond,'" Box said. "Why did they release him when he had a 2017 crime he committed against a child while he was in prison? I don't understand that part."

"Had he been in jail during that time, I think he would have been brought to trial much sooner and got a speedy-trial situation where he gone to trial a couple years earlier," Box added.

Meanwhile, the Department of Corrections said it adhered to state statutes.

"Through sentencing from the court, McFadden was to register as a sex offender," the Department of Corrections said it its statement. "He was given no probation, however, because he was a lifetime registrant, he had to check in every 90 days with the sheriff’s office. He was compliant with this stipulation. Registered sex offenders are allowed to live with their own children and stepchildren as long as they are not a victim of the offender. However, they are supposed to notify the Oklahoma Department of Human Services if they do. Sex offenders are not required to notify neighbors of their registration status."