United States v. Kirby, 6:23-cr-00026

OPINION AND ORDER

Before the Court is an Unopposed Motion to Dismiss the Indictment against Defendant Danny Gene Kirby filed by the United States of America (“Government“). Dkt. No. 186.

Under Federal Rule of Criminal Procedure 48(a), “courts must grant prosecutors leave to dismiss charges unless dismissal is clearly contrary to manifest public interest.” United States v. Robertson, 45 F.3d 1423, 1437 n.14 (10th Cir. 1995) (quoting Rinaldi v. United States, 434 U.S. 22, 30 (1977)). Based on the facts set out in the motion, including that the Muscogee (Creek) Nation charged Defendant with felony-homicide on July 27, 2026, based on the same incident as this case, the Court concludes that dismissal of the charge against Defendant is not contrary to the public interest, nor is it for an improper purpose. Accordingly, the Government‘s motion to dismiss should be granted.

IT IS THEREFORE ORDERED that the Government‘s Motion to Dismiss [Dkt. No. 186] is GRANTED and the Indictment is dismissed without prejudice against Defendant Danny Gene Kirby.

Dated this 6th day of August 2026.

JOHN F. HEIL, III

CHIEF UNITED STATES DISTRICT JUDGE

Case Details

Case Name: United States v. Kirby

Court Name: District Court, E.D. Oklahoma

Date Published: Aug 6, 2026

Citation: 6:23-cr-00026

Docket Number: 6:23-cr-00026

Court Abbreviation: E.D. Okla.