Case Dismissed Against Catoosa Man Who Pled Guilty To Child Abuse

A federal appeals court dismissed the case against a Catoosa man who is in prison after pleading guilty to child abuse.

Investigators say Jacob Shell slammed his three-month-old son against a mattress in March 2020.

They say the child survived but will never fully recover.

He was charged in Rogers County, then after a Supreme Court ruling on tribal jurisdiction, was charged in federal court.

Shell's attorneys asked to dismiss the charges because prosecutors used Oklahoma laws to charge him in federal court, but the judge denied it, and Shell got 25 years in prison after pleading guilty.

On Thursday, the appeals court ruled the feds should've used federal laws to charge him, so the case is dropped until he's re-charged.