Plea Agreement — United States v. Jeffrey Brent Thomas (N.D. Okla., Dkt. 64)

Summary

Plea Agreement Pursuant to Federal Rule of Criminal Procedure 11(c)(1)(C), Document 64, filed 10/11/22, in United States v. Jeffrey Brent Thomas, Case No. 21-CR-00214, U.S. District Court for the Northern District of Oklahoma. The defendant agrees to plead guilty to Count One, 18 U.S.C. §§ 111(a)(1) and 111(b), described as Aggravated Assault of a Federal Officer with a Deadly and Dangerous Weapon. The agreement lists the constitutional rights the defendant relinquishes and contains an appellate and post-conviction waiver and a Freedom of Information Act waiver. It states that the maximum statutory sentence is 20 years of imprisonment and a fine of not more than $250,000. The signature blocks name Clinton J. Johnson, Steven Briden and Donald F. Kochersberger III.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

Text recognized from a scanned document; may contain errors.

Case 4:21-cr-00214-JFH Document 64 Filed in USDC ND/OK on 10/11/22 Page 1 of 16

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OKLAHOMA

UNITED STATES OF AMERICA,
Plaintiff, aN Nb
v. Case No. 21-CR-00214- @
JEFFREY BRENT THOMAS,
Defendant.

Plea Agreement Pursuant to
Federal Rule of Criminal Procedure 11(c)(1)(C)

The United States of America, by and through Clinton J. Johnson, United States
Attorney for the Northern District of Oklahoma, and Steven Briden, Assistant
United States Attorney, and the defendant, JEFFREY BRENT THOMAS, in person
and through counsel, Donald F. Kochersberger III, respectfully inform the Court that
they have reached the following plea agreement, pursuant to Fed. R. Crim. P.
11(c)(1)(C).

1. Plea

The defendant agrees to enter a voluntary plea of guilty to the following:

COUNT ONE: 18 U.S.C. §§ 111(a)(1) and 111(b) — Aggravated Assault of a
Federal Officer with a Deadly and Dangerous Weapon

as set forth in the Indictment in the instant case, Northern District of Oklahoma, and
admits to being in fact guilty as charged in the count to which the defendant is
pleading guilty.

Revised 02-28-20 (11c1C) & |

Defendant's Initials
Case 4:21-cr-00214-JFH Document 64 Filed in USDC ND/OK on 10/11/22 Page 2 of 16

Des

Waiver of Constitutional Rights

The defendant understands that, by pleading guilty, the following constitutional

rights will be relinquished:

a.

b.

the right to be indicted if proceeding by Information;
the right to plead not guilty;

the right to be tried by a jury, or, if the defendant wishes and with the
consent of the Government, to be tried by a judge;

at trial, the defendant has the right to an attorney, and if defendant could
not afford an attorney, the Court would appoint one to represent the
defendant;

the defendant has the right to assist in the selection of the jury;

during trial, the defendant would be presumed innocent, and a jury would
be instructed that the Government has the burden to prove the defendant
guilty beyond a reasonable doubt and by a unanimous verdict;

the defendant has the right to confront and cross-examine witnesses against
the defendant;

if desired, the defendant could testify on the defendant’s own behalf and
present witnesses in the defendant’s defense;

if the defendant did not wish to testify, that fact could not be used against
the defendant, and a jury would be so instructed;

if the defendant were found guilty after a trial, the defendant would have
the right to appeal that verdict to determine if any errors had been
committed during trial that would require either a new trial or a dismissal
of the charges;

at trial, the defendant would be entitled to have a jury determine beyond a
reasonable doubt any facts which may have the effect of increasing the
defendant’s mandatory minimum or maximum sentence; and

2 oT
Revised 02-28-20

Defendant's Initials
Case 4:21-cr-00214-JFH Document 64 Filed in USDC ND/OK on 10/11/22 Page 3 of 16

I. any rights and defenses defendant may have under the Excessive Fines
Clause of the Eighth Amendment to the United States Constitution to the
forfeiture of property in this proceeding or any related civil proceeding,
special or other assessment, and any order of restitution.

By pleading guilty, the defendant will be giving up all of these rights. By pleading
guilty, the defendant understands that the defendant may have to answer questions
posed to defendant by the Court, both about the rights that the defendant will be

giving up and the factual basis for the defendant’s plea.

3. Appellate and Post-Conviction Waiver

In consideration of the promises and concessions made by the United States in
this plea agreement, the defendant knowingly and voluntarily agrees to the following
terms:

a. The defendant waives the right to directly appeal the conviction and
sentence pursuant to 28 U.S.C. § 1291 and/or 18 U.S.C. § 3742(a); except
that the defendant reserves the right to appeal from a sentence that exceeds
the statutory maximum;

b. The defendant expressly acknowledges and agrees that the United States
reserves all rights to appeal the defendant’s sentence as set forth in 18
U.S.C. § 3742(b), and U.S. v. Booker, 543 U.S. 220 (2005); and

c. The defendant waives the right to collaterally attack the conviction and
sentence pursuant to 28 U.S.C. § 2255, including any assessment,
forfeiture, restitution order, the length of term of supervised release and
any condition of supervised release, except for claims of ineffective
assistance of counsel.

The defendant expressly acknowledges that counsel has explained his appellate

and post-conviction rights; that the defendant understands his rights; and that the

defendant knowingly and voluntarily waives those rights as set forth above.

Defendant's Initials

Revised 02-28-20
Case 4:21-cr-00214-JFH Document 64 Filed in USDC ND/OK on 10/11/22 Page 4 of 16

4. Freedom of Information Act Waiver

The defendant waives all rights, whether asserted directly or by a representative,
to request or to receive from any department or agency of the United States any
records pertaining to the investigation or prosecution of this case including, without
limitation, any records that may be sought under the Freedom of Information Act, 5
U.S.C. § 552, or the Privacy Act of 1974, 5 U.S.C. § 552a.

Bs Rule 11 Rights Waiver

The defendant knowingly and expressly waives all of the rights afforded
defendant pursuant to the provisions of Rule 11(f) of the Federal Rules of Criminal
Procedure. In other words, after entry of a plea made pursuant to this plea
agreement, and in consideration thereof, the following shall be admissible against the
defendant:

a. A plea of guilty which is later withdrawn or which the defendant seeks to
withdraw, unless done pursuant to Fed. R. Crim. P. 11(c)(1)(C);

b. Any statement made in the course of any proceeding under Rule 11
regarding said plea of guilty; and

c. Any statement made in the course of plea discussions with an attorney or
agent for the Government, or which were made pursuant to a proffer letter
agreement, which result in a plea of guilty later withdrawn, unless done
pursuant to Fed. R. Crim. P. 11(c)(1)(C).

4 IT

Defendant's Initials

Revised 02-28-20
Case 4:21-cr-00214-JFH Document 64 Filed in USDC ND/OK on 10/11/22 Page 5 of 16

6. Waiver of Right to Jury Trial on Sentencing Factors

The defendant, by entering this plea, also waives the right to have facts that
determine the offense level under the Sentencing Guidelines (including facts that
support any specific offense characteristic or other enhancement or adjustment) (1)
charged in the Indictment, (2) proven to a jury, or (3) proven beyond a reasonable
doubt. The defendant explicitly consents to have the sentence based on facts to be
established by a preponderance of the evidence before the sentencing judge pursuant
to United States v. Crockett, 435 F.3d 1305 (10th Cir. 2006), and United States v.
Magallanez, 408 F.3d 672 (10th Cir. 2005), and to allow the Court to consider any
reliable evidence without regard to its admissibility at trial. The defendant explicitly
acknowledges that his plea to the charged offense authorizes the Court to impose any
sentence up to and including the maximum sentence set forth in the United States
Code. The defendant also waives all challenges to the constitutionality of the
Sentencing Guidelines.

7. Payment of Monetary Penalties

The defendant understands that the Court may impose a fine pursuant to the
Sentencing Guidelines. The defendant agrees, as a part of this agreement, to submit
to interviews by the United States Attorney’s Financial Litigation Unit regarding the
defendant’s financial status, and to complete and submit a financial statement, under
oath, not later than two weeks after the date of this plea agreement. The defendant

understands that, by law, interest accrues on any remaining balance of the debt.

Revised 02-28-20

Defendant's Initials
Case 4:21-cr-00214-JFH Document 64 Filed in USDC ND/OK on 10/11/22 Page 6 of 16

That monetary penalties imposed by the Court will be (i) subject to immediate
enforcement as provided for in 18 U.S.C. § 3613, and (ii) submitted to the Treasury
Offset Program so that any federal payment or transfer of returned property the
defendant receives may be offset and applied to federal debts but will not affect the
periodic payment schedule.

8. Restitution for Offense of Conviction

The defendant understands that the Court can order the defendant to pay
restitution for the full loss caused by defendant’s conduct set forth above. The
defendant agrees to the entry of a Restitution Order for the full amount of the
victims’ losses. At this time, the Government is aware that the following victims
have suffered the following losses:

U.S. Marshals $TBD

The defendant understands that restitution is mandatory without regard to the

defendant’s ability to pay.

9, Restitution for Other Offenses

The defendant agrees the Court’s consideration of the amount of restitution shall
NOT be limited to the amounts alleged in the count(s) to which the defendant is
pleading guilty, and may include all relevant conduct as well as any stipulated
amounts as set forth below pursuant to 18 U.S.C. § 3663(a)(3). Therefore, the

defendant also agrees that restitution is due to the following victim(s) of an offense

that is not the offense of conviction but nonetheless gave rise to this plea agreement.

6
Revised 02-28-20

Defendant's Initials
Case 4:21-cr-00214-JFH Document 64 Filed in USDC ND/OK on 10/11/22 Page 7 of 16

Tulsa County Sheriff's Department $TBD

10. Restitution not Dischargeable in Bankruptcy

The defendant further agrees that any amount ordered by the Court to be paid as
restitution may not be discharged, in whole or in part, in any bankruptcy proceeding.

11. Special Assessment

The defendant hereby agrees to pay the total amount required for the Special
Monetary Assessment ($100 per felony count) to the United States District Court
Clerk before the time of the sentencing hearing or as directed by the District Court.

12. Factual Basis and Elements

The elements that the United States must prove beyond a reasonable doubt in
order to convict under 18 U.S.C. §§ 111(a)(1) and 111(b) are as follows:
a) The defendant intentionally;
b) Forcibly assaulted a federal officer with a dangerous weapon; and
c) At the time of the assault, the officer was engaged in the performance of
official duties.

With regard to the factual basis required by Federal Rule of Criminal Procedure
11(b)(3), the defendant agrees and stipulates that there is a factual basis for the plea
of guilty and relieves the United States of any further obligation to adduce such
evidence.

The defendant, JEFFREY BRENT THOMAS, admits knowingly, willfully and

intentionally committing or causing to be committed the acts constituting the crime

Revised 02-28-20 =

Defendant's Initials
Case 4:21-cr-00214-JFH Document 64 Filed in USDC ND/OK on 10/11/22 Page 8 of 16

alleged in Count One in the instant case, and confesses to the Court that the
defendant is, in fact, guilty of such crimes.

I, JEFFREY BRENT THOMAS, admit on or about April 6, 2021,
within the Northern District of Oklahoma, I intentionally assaulted a
federal officer.

Specifically, I knew there was an active warrant for my arrest, and
when officers attempted to apprehend me, I fled in my Dodge 2500
pickup truck. During that flight, I was blocked in by a United States
Marshals Service vehicle that was being driven by M.J. I knew that
M.J. was acting in his official capacity as a federal officer in trying to
arrest me on my active warrant. I rammed his vehicle with my truck,
and I know that in the manner I used my truck, it was capable of
producing serious injury or death.

Date

REY BRENT THOMAS
Defendant

13. Further Prosecution

The United States shall not initiate additional criminal charges against the
defendant in the Northern District of Oklahoma that, as of the date of the
defendant’s acceptance of this agreement, arise from its investigation of the
defendant’s actions and conduct giving rise to the instant Indictment, save and
except crimes of violence and criminal acts involving violations investigated by the
United States Internal Revenue Service. The defendant understands, however, that
this obligation is subject to all “Limitations” set forth below, and that the United
States Attorney’s Office for the Northern District of Oklahoma is free to prosecute

the defendant for any illegal conduct (i.e., violation of federal criminal laws) not

Revised 02-28-20

Defendant's Initials
Case 4:21-cr-00214-JFH Document 64 Filed in USDC ND/OK on 10/11/22 Page 9 of 16

discovered by or revealed to the Government during its investigation or occurring
after the date of this agreement.

14. Dismissal of Remaining Counts

If the Court finds the defendant’s plea of guilty to be freely and voluntarily made
and accepts the plea, then the United States will move, at the appropriate time, to
dismiss the remaining counts in the instant case, if any, as to this defendant.

Except as provided in Fed. R. Crim. P. 11(c)(1)(©), if the defendant’s guilty plea
is rejected, withdrawn, vacated, or reversed at any time, the United States will be free
to prosecute the defendant for all charges of which it then has knowledge, and any
charges that have been dismissed will be automatically reinstated or may be re-
presented to a grand jury with jurisdiction over the matter. In such event, the
defendant hereby waives any objections, motions or defenses based upon the
applicable statute of limitations, the Speedy Trial Act, or constitutional restrictions as
to the time of bringing such charges.

15. Acceptance of Responsibility

Provided the defendant clearly demonstrates acceptance of responsibility, the
United States agrees to recommend a two-level reduction in offense level pursuant to
U.S.S.G. § 3E1.1. The United States agrees to file a motion recommending that the
defendant receive an additional one-level reduction pursuant to U.S.S.G. § 3E1.1(b)
if the defendant is otherwise eligible therefor. The sentencing judge is in a unique

position to evaluate the acceptance of responsibility, and the Court’s determination

Revised 02-28-20 X

Defendant's Initials
Case 4:21-cr-00214-JFH Document 64 Filed in USDC ND/OK on 10/11/22 Page 10 of 16

will provide the final approval or disapproval of any Section 3E1.1 point level
reduction for timely acceptance of responsibility.

The obligations of the Government herein, relative to acceptance of responsibility
are contingent upon the defendant's continuing manifestation of acceptance of
responsibility as determined by the United States. If the defendant falsely denies, or
makes conflicting statements as to, his involvement in the crime to which he is
pleading, falsely denies or frivolously contests relevant conduct that the Court
determines to be true, willfully obstructs, or attempts to obstruct or impede the
administration of justice as defined in U.S.S.G. § 3C1.1, or perpetrates or attempts to
perpetrate crimes while awaiting sentencing, or advances false or frivolous issues in
mitigation, the United States expressly reserves the right to withdraw any
recommendation regarding acceptance of responsibility without breaching the

agreement.

16. Sentence

a. Imprisonment

The defendant acknowledges that under 18 U.S.C. §§ 111(a)(1) and 111(b), the
maximum statutory sentence is 20 years of imprisonment and a fine of not more than

$250,000.

10
Revised 02-28-20 Cc
Case 4:21-cr-00214-JFH Document 64 Filed in USDC ND/OK on 10/11/22 Page 11 of 16

b. Supervised Release

Additionally, the defendant is aware, if imprisonment is imposed, that the Court
shall include as part of the sentence a requirement that the defendant be placed on a
term of supervised release after imprisonment not to exceed 3 years.

If the term of supervised release for any count of conviction is revoked, the
defendant may be imprisoned for an additional term not to exceed the term of
imprisonment authorized in 18 U.S.C. § 3583(e)(3) for the offense of conviction,
with no credit being given for any time served while on supervised release. Further,
the Court may impose another term of supervised release following any term of
imprisonment imposed for a violation of supervised release conditions, and this term
of supervised release may not exceed the term of supervised release originally
authorized by statute for the offense of conviction less any term of imprisonment that
was imposed upon revocation of supervised release (18 U.S.C. § 3583(e) and (h)). Ifa
second or subsequent term of supervised release is revoked, the Court may impose
another term of imprisonment not to exceed the difference between any
imprisonment imposed for a prior revocation of supervised release for the offense of
conviction and the term of imprisonment authorized pursuant to 18 U.S.C.

§ 3583(e)(3). Accordingly, the original term of imprisonment when combined with
any term of imprisonment arising from revocations of supervised release, may result
in a total amount of imprisonment greater than the statutory maximum term for the
offense of conviction.

11 yy

Defendant's Initials

Revised 02-28-20
Case 4:21-cr-00214-JFH Document 64 Filed in USDC ND/OK on 10/11/22 Page 12 of 16

c. Guidelines

The defendant is aware that the Sentencing Guidelines promulgated pursuant to
the Sentencing Reform Act of 1984 at 18 U.S.C. § 3551 through § 3742, and 28
U.S.C. § 991 through § 998, are advisory. The district courts, while not bound to
apply the Sentencing Guidelines, must consult those Guidelines and take them into
account when sentencing. See 18 U.S.C.A. § 3553(a). The sentence imposed in
federal court is without parole.

Nothing in this plea agreement, save and except any stipulations contained
herein, limits the right of the United States to present to the Court or Probation
Office, either orally or in writing, any and all facts and arguments relevant to the
defendant’s sentence that are available to the United States at the time of sentencing.
The defendant acknowledges hereby that relevant conduct, that is, conduct charged
in any dismissed count and all other uncharged related criminal activities, will be
used in the Sentencing Guidelines calculation. The United States reserves its full
opportunity to speak pursuant to Rule 32(i)(4)(A)(iii) of the Federal Rules of
Criminal Procedure. The defendant further understands that the sentence to be
imposed upon the defendant will be determined solely by the sentencing judge.

17. Stipulations

The defendant and the United States stipulate and agree as follows:

a. Pursuant to Fed. R. Crim. P. 11(c)(1)(C), the appropriate disposition in this

case is a sentence range of 24 months up to 46 months or 2 years of imprisonment up

Revised 02-28-20

Defendant's Initials
Case 4:21-cr-00214-JFH Document 64 Filed in USDC ND/OK on 10/11/22 Page 13 of 16

to 3 years and 10 months of imprisonment. The parties have considered various
factors in fashioning this sentence, including the defendant’s acceptance of
responsibility, the strength of the evidence, judicial economy, and the interests of
justice. The defendant has no prior violent convictions and quickly indicated to the
government that he intended to accept his guilt in this matter. Additionally, while the
defendant’s actions had a great potential to cause injuries to others, no one was
injured during the chase or the car wreck. For these reasons, a sentence range of 2
years up to 3 years and 10 months, or 24 months up to 46 months of imprisonment,
meets the sentencing goals for this type of case and this defendant. The parties agree
upon this sentence regardless of any advisory Sentencing Guidelines calculations.

b. The parties agree that the defendant may withdraw his plea of guilty in the
event that the Court rejects the plea agreement.

c. Having been fully apprised by defense counsel of defendant’s right to seek
compensation pursuant to Public Law 105-119, the defendant WAIVES any and all
such right, and stipulates that defendant is not a “prevailing party” in connection
with this case.

18. Limitations

This plea agreement shall be binding and enforceable upon the Office of the
United States Attorney for the Northern District of Oklahoma, but in no way limits,
binds or otherwise affects the rights, powers, duties or obligations of any state or

local law enforcement agency, administrative or regulatory authorities, civil or

Revised 02-28-20

Defendant's Initials
Case 4:21-cr-00214-JFH Document 64 Filed in USDC ND/OK on 10/11/22 Page 14 of 16

administrative enforcement, collection, bankruptcy, adversary proceedings or suits
which have been or may be filed by any governmental entity, including without
limitation, the Internal Revenue Service, the Tax Division of the Department of
Justice and the trustee in bankruptcy.

19. Breach of Agreement

In the event either party believes the other has failed to fulfill any obligations
under this agreement, then the complaining party shall, in its discretion, have the
option of petitioning the Court to be relieved of its obligations herein. Whether or
not a party has completely fulfilled all of its obligations under this agreement shall be
determined by the Court in an appropriate proceeding at which any disclosures and
documents provided by either party shall be admissible and at which the complaining
party shall be required to establish any breach by a preponderance of the evidence.
The defendant hereby WAIVES any right under Rule 11(d) and (e) of the Federal
Rules of Criminal Procedure to withdraw from defendant’s plea and this agreement,
save and except under circumstances where the Court rejects the plea agreement
under Rule 11(c)(5), except for the limited reasons outlined above in this paragraph,
and except as provided in Fed. R. Crim. P. 11(c)(1)(C).

Except as provided in Fed. R. Crim. P. 11(c)(1)(C), in the event that JEFFREY
BRENT THOMAS, after entry of a plea of guilty, unsuccessfully attempts to
withdraw the defendant’s plea of guilty, the United States may continue to enforce

the agreement but will no longer be bound by any particular provision in this

14 oy

Defendant's Initials

Revised 02-28-20
Case 4:21-cr-00214-JFH Document 64 Filed in USDC ND/OK on 10/11/22 Page 15 of 16

agreement. This provision will not have any continued vitality if it is determined by
the Court that the United States acted in bad faith to bring about the attempted
withdrawal of plea.

20. Conclusion

No agreements, representations or understandings have been made between the
parties in this case, other than those which are explicitly set forth in this plea
agreement and the Plea Agreement Supplement that the United States will file in this
case (as is routinely done in every case, even though there may or may not be any
additional terms) and none will be entered into unless executed in writing and signed
by all of the parties.
SO AGREED:

CLINTON J. JOHNSON
United States Attorney

STEVEN BRIDEN Dated
Assistant United States Attorney

DONALD F. KOCHERSBERGER III Dated

Attorney for Defendant

15
Revised 02-28-20 r
Deferddnt's Initials
Case 4:21-cr-00214-JFH Document 64 Filed in USDC ND/OK on 10/11/22 Page 16 of 16

I have read this agreement and carefully reviewed every part of it with my
attorney. I understand it, and I voluntarily agree to it. Further, I have consulted with
my attorney and fully understand my rights with respect to sentencing which may
apply to my case. No other promises or inducements have been made to me, other
than those contained in this pleading. In addition, no one has threatened or forced
me in any way to enter into this agreement. Finally, I am satisfied with the

representation of my attorney in this matter.

Dated

I am counsel for the defendant in this case. I have fully explained to the defendant
the defendant’s rights with respect to the pending Indictment. Further, I have

reviewed the provisions of the Sentencing Guidelines and Policy Statements and I

have fully explained to the defendant the provisions of those Guidelines which may
apply in this case. I have carefully reviewed every part of this plea agreement with
the defendant. To my knowledge, the defendant’s decision to enter into this

agreement is an informed and voluntary one.

DQNALD F-KOCHERSBERGER Ill Dated
Counsel for the Defendant

16 vi
Revised 02-28-20 a

Defendant's Initials


File and source

File

64.pdf

Size

8,394,871 bytes

SHA-256

d3bea5c375aec1cc1e1cb4606ac4c43d79989dfb984f049039e7d06a777f96dc

Our copy

64.pdf

Original

No public link identified.