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January 26, 2007

Judge dismisses molestation charges

By D. E. Smoot

Lewd molestation charges were dismissed Friday against a former Keefeton man accused of molesting four underage relatives.

Justin Mackey, 22, was charged in 2005 as a youthful offender with four counts of lewd molestation. Those charges were dismissed at the request of prosecutors, who subsequently charged Mackey as an adult.

Muskogee County Special District Judge Robin Adair dismissed four counts of lewd molestation Mackey faced in the adult system.

“My decision was based purely on legal procedure, not on the testimony or evidence presented,” Adair said. “That will give the new district attorney a chance to keep the case alive.”

Assistant District Attorney Nikki Baker Dotson said the case will be reviewed before any decisions are made about how the state will handle the case.

“The problem with this case is that it is eight years old,” Dotson said. “We don’t mind refiling it, but after a certain point the evidence becomes stale and you have to work some magic to overcome problems created when the ball was dropped.”

While Adair announced the state’s option to appeal his decision, Dotson said the state doesn’t necessarily disagree with the decision. She said Mackey probably should have remained charged as a youthful offender rather than an adult.

Mackey was about 15 years old when the alleged molestation occurred. He is accused of molesting two underage girls and two underage boys, all of them relatives. The alleged acts occurred between January 2000 and December 2003.

Mackey is the nephew of Jimmy Don Mackey, 32, who pleaded guilty to rape, sodomy, lewd molestation and forcible sodomy of a child and was sentenced to 15 years in prison. Mackey's wife, Alishia Faith Mackey, 31, was sentenced in January 2005 to 20 years in prison for permitting her husband to sexually abuse the child.

Reach D.E. Smoot at 918-684-2903 or Click Here to Send Email



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