A Porum man and a former Keys bank employee were indicted by a federal grand jury Wednesday for a November bank robbery.

James Robert Hughart, 22, of Fort Gibson and Joshua Allen Toney, 24 of Porum each face charges of:

• Bank robbery;

• Using, carrying and brandishing a firearm during a crime of violence on Nov. 23.

The charges say they took money belonging to the Keys Bank of Commerce by force and intimidation.

The range of punishment for bank robbery is not more than 20 years in prison and up to $250,000 in fines, according to the court filing. The firearms charge carries a punishment of not less than seven years or up to life imprisonment and up to $250,000 in fines.

Both men were earlier released on $10,000 unsecured bonds by Magistrate Judge Kimberly E. West.

The U.S. Attorney’s Office filed an appeal of those bonds Monday.

An affidavit by FBI Agent Daryl Berry had been entered into evidence at the bond hearing. It included information that half the money stolen from the bank had not been recovered.

Cherokee County Undersheriff Jason Chennault said last week that Hughart’s take of $15,002 was recovered in his truck.

Chennault said Toney told law enforcement where to find his $15,000 in bank proceeds. But when lawmen went to the site near Porum to pick up the money, they found only empty bank bags, Chennault said.

Officials said a “little bit of money” was found in Toney’s car after it was impounded in Stigler.

The FBI is looking for what is believed to be most of Toney’s share of the bank proceeds, prosecutors said.

Both defendants remain on home detention, restricted to their residences except for employment, education, religious services, medical, substance abuse or mental health treatment, attorney visits, court appearances, court-ordered obligations or other activities pre-approved by the U.S. Probation Office.

The U.S. Attorney’s appeal of the bonds and terms of the defendants’ release included a request for the hearing “at the earliest possible date.”

U.S. District Judge Ronald A. White entered an order late Wednesday denying the appeal request. It said local court rules require “a detailed factual statement, in proper form, setting forth the grounds of appeal.”

The order states “absolutely no factual statements for the appeal” were given.

“We will carefully review the order and the applicable rules before deliberating our next step,” said U.S. Attorney Sheldon Sperling.

Any other filing could come as early as today, he said.



What’s next



James Robert Hughart and Joshua Allen Toney are scheduled to be arraigned at 2 p.m. Dec. 16 in U.S. District Court.



Reach Donna Hales at 918-684-2923 or Click Here to Send Email