By Joshua Allen
ONL Staff Reporter
An Okemah teenager — believed to be a triggerman in multiple drive-by shootings back in August — is now at large and wanted by Okfuskee County law enforcement after the District Attorney’s Office filed a motion to accelerate his sentencing that had been delayed six months, pending cooperation in a integration program.
This is not the first time 18-year-old Emmanuel Hummingbird has evaded authorities.
Over the course of about a month over last summer, a residential dispute and a couple drive-by shootings near residences on South 9th and East Atlanta Streets, Hummingbird evaded capture.
Eventually, he was caught up with, apprehended and taken to the Okfuskee County Jail where he stayed for a few months on a $100,000 bond and two felony gun complaints.
The original story concerning the multiple drive-by shootings was reported on the front page of the September 13 edition of the Okemah News Leader. No one was injured and only property, such as vehicles, were damaged in the shootings.
Given his prior criminal record had apparently not been stained too badly, after a couple hearings and consultation with his attorney, Hummingbird pleaded guilty to two counts of firearm possession after felony convictions (felonies) for his role in the August shootings.
At his request and despite objection from the State, he was granted supervised release — under watch of the Department of Corrections — after his guilty plea and received a six-month delayed sentence, pending he immediately, upon his release, report to the Muscogee (Creek) Nation integration program, according to a Okfuskee County District Court Minute, dated December 5.
He was released that day. The Court continued sentencing to June 2019, ordering that Hummingbird “receive no weekend passes during the program and orders the defendant to obey all rules of the program,” according to court documents.
The primary rules of supervised release, better known as probation, are that Hummingbird break no laws, spend no time with or around other persons having a felony criminal record, not leave the state without written consent, not possess or consume or purchase any alcoholic beverages, not go into bars, be subjected to and able to pass random drug and alcohol screenings, maintain lawful and paid employment and so on.
Hummingbird didn’t follow those rules completely, and, according to an application to accelerate that prior delayed sentencing filed with the Okfuskee County courts by Assistant District Attorney Emily Mueller, the teenage shooter had been “contacting witnesses of the state and threatening them about testifying since the day he was released,” the court document states.
Another rule of probation, put in the number 10 spot on Okfuskee County’s document “The Rules and Conditions of Supervised Probation,” which was signed by Hummingbird, explains that he was required not to “in any manner harass, threaten, embarrass, annoy, or interfere with, either directly or indirectly, any victim, witness, family member or any victim or witness, or any other person including lawyers and court personnel associated with (his) case …”
The application to accelerate sentencing, dated December 19, just barely two weeks since his release, specifies his threatening of state’s witnesses “violated the conditions of said probation and is good cause for the court to impose judgment and sentence immediately.”
A bench warrant was promptly issued for his arrest following the filing of the motion to accelerate application.
According to an affidavit filed with Okfuskee County on December 17, a 17-year-old juvenile (whose was withheld) and Cheyan Cruz both said they had been threatened by Hummingbird since his release and even while he was in jail, Cruz’s statements explain in the affidavit.
The threatening incidents happened on and around the day of his release (Dec. 5), before and up until Dec. 9, which is when the officer spoke with the two witnesses threatened to take a report.
The juvenile — as reported to Okemah police officers by the mother of the juvenile — received a recent message from Hummingbird that said, “thought you were that homie u know u fuxxed up right see you when I get out (sic),” an officer reported in the affidavit.
It was then reported to officers that he posted a message on Facebook that said — in not very nice words — to those that “snitched” on him, “Y’all gonna get Y’all’s (sic).”
The officer reported in the affidavit that both witnesses that attested to receiving threatening message from Hummingbird “are afraid that when he gets out he will do worse than shoot one of their vehicles and are afraid he will end up killing one of them.
The officer reported, as of December 10, he has been unable to contact any of the other witnesses.
As for Hummingbird, he is most likely still at large. At least, he is not in the Okfuskee County Jail, according to staff who check the jail log at the request of the News Leader Thursday.
Okfuskee County Deputy Court Clerk Tammy Ragsdale, who also check the logged upon request, said the bench warrant that was issued for the arrest of Hummingbird shortly after December 19 is still active, explaining that if he had been arrested the warrant would not be active.
Ragsdale said she didn’t know if additional charges would be brought against the Okemah teenager but said Okfuskee County District Judge Lawrence Parish set an immediate sentencing hearing for Hummingbird, in response to the DA’s application to accelerate sentencing, for January 16, 2019.
As of the writing and publication of this article, Hummingbird was not in the Okfuskee County Jail, Ragsdale said, and a bench warrant remains active for his arrest.
The Okemah teen remains at large but is being sought by authorities.
Since Hummingbird revoked his probation, he will now likely be sentenced to jail time for the two felonies he pleaded guilty to — two counts of firearm possession after previous felony convictions.
The felony firearm possession charge carries a sentence of at least one year imprisonment, all the way up to a maximum of 10 years jail time, which could be doubled since Hummingbird entered guilty pleas on two separate firearm counts.
More will follow on this case as information becomes available. Anyone with information on the whereabouts of Hummingbird should call the Okemah Police Department or the Okfuskee County Sheriff’s Office.