Choctaw Nation of Oklahoma,
Plaintiff,
VS.
Douglas Dry, Juanita McConnell, and Rosa Burlison,
Defendants.
IN THE NAME AND BY THE AUTHORITY OF THE CHOCTAW NATION OF OKLAHOMA
Comes now Robert L. Rabon, the duly qualified and acting prosecuting attorney of the Choctaw Nation of Oklahoma, and gives the Court of Indian 0ffenses of the Choctaw Nation of Oklahoma to know and be informed:
That an the 4th day of September, 1995, at approximately 9:00 o'clock a.m. on the grounds of the Council House at Tuskahoma, Oklahoma, and anterior to the presentment of this information, Douglas Dry, Juanita McConnell, and Rosa Burlison, acting in concert did commit a public nuisance in violation of Section 41-2 of the Criminal Code of the Choctaw Nation of Oklahoma in the manner and form as follows, to-wit:
At said time and place and in a large crowd of Choctaw citizens who were gathered along a parade route to observe the parade, which is a part of the annual Choctaw Nation Labor Day Festival, the defendants, and each of them, acting in concert, did cause a public nuisance by attempting to forcibly hand or deliver literature, brochures or other documents to spectators along said parade route and when such literature, brochures or other documents were refused, said defendants verbally abused and harassed said spectators for refusing to accept same; said conduct interfered with said spectators' rights to peaceably observe the parade and other festivities, contrary to the Code, in such cases made and provided, and against the peace and dignity of the Choctaw Nation of Oklahoma.
That by engaging in the unlawful conduct hereinabove enumerated in Count One, defendants, acting together, without authority of law, willfully disturbed the parade portion of the annual Choctaw Nation Labor Day Festival and those assembled there for that purpose in violation of Section 46-3 of the Criminal Code of the Choctaw Nation of Oklahoma, contrary to the form of said Code, in such cases made and provided, and against the peace and dignity of the Choctaw Nation of Oklahoma.
That by engaging in the conduct hereinabove alleged in Count One,
the defendants, and each of them acting together, did willfully
or maliciously disturb the peace and quiet of spectators at said
parade by accosting them with abusive, violent or profane language
in violation of Section 46-4 of the Criminal Code of the Choctaw
Nation of Oklahoma, contrary to the form of said Code, in such
cases made and provided, and contrary to the peach and dignity
of the Choctaw Nation of Oklahoma.
That by engaging in the unlawful conduct hereinabove set forth in Count One, the defendants, and each of them acting together, did use profane, violent, abusive or insulting language toward or about other persons, in particular the Choctaw citizens attempting to observe said parade, in said persons' presence, which language, in its common acceptance, was calculated to arouse the anger of the person or persons about or to whom it was spoken or addressed, or to cause a breach of the peace, all of which is in violation of Section 46-5 of the Criminal Code of the Choctaw Nation of Oklahoma, contrary to the form of said Code, in such cases made and provided, and against the peace and dignity of the Choctaw Nation of Oklahoma.
STATE OF OKLAHOMA
County of Choctaw
I, Hoppy Denison, being duly sworn, on
oath state: That I have read the above and foregoing information
and know the contents thereof and upon information and belief
state that the facts set forth therein are true.
Subscribed and sworn before me the 13th Day of September, 1995.
My Commission Expires:
4-18-98