2 Brothers Plead No Contest In Fatal 2015 Drunk Driving Crash

A judge has sentenced two brothers for a drunk driving crash that killed one young woman and critically injured another back in 2015.

Gage and Dakota Shriver were convicted and each given 25 years in prison, but the case was dismissed in 2021 due to the US Supreme Court ruling on tribal jurisdiction.

Federal prosecutors did not pick up the case, so Cherokee Nation tribal prosecutors did.

Dakota and Gage Shriver took a plea deal and were sentenced to six years in prison. 

The brothers will only serve 3 and a half years since they got credit for time they've already spent behind bars. 

Dakota and Gage Shriver were convicted of second-degree murder several years ago and sentenced to 25 years for being drunk and hitting and killing Noelle New and seriously hurting Maranda Talley, but the case was overturned in 2021.

Prosecutors said the brothers were drunk and fighting inside their truck when they swerved off the road and hit the girls, who were walking, then drove off and left them for dead near Verdigris.

Noelle New’s best friend, Maranda, survived her critical injuries. 

“I know then accepting the plea is not what I wanted, but it’s better than having to face the trial all over again," said Maranda.

Noelle’s mother, Brandy Whitmire, said the Shriver brothers forever changed her life.

“I never can recreate her essence in a few simple sentences, I think she was wonderful, she was my daughter," Brandy said.

She said Noelle was smart, sarcastic, funny and kind, and she thinks about her every single day.

"Praying, telling stories, taking time away from my day to say, Noelle, it’s been a good day, I wish you were here," Maranda said.

She and Maranda both spoke to Gage and Dakota in court and said after 9 years, they don’t want to be angry anymore and have forgiven them.

“I know they could be good people, they probably are, they were kids like we were, they made bad choices," she said. "But they do have to live through the consequences of those choices.”

Gage Shriver has a separate pending case for assault and battery stemming from an incident in a Comanche county while in custody in 2022.

The two men are now allowed to write Maranda and Noelle's family, only to apologize or say something positive. 

STATEMENT FROM CHEROKEE NATION:

“Today, Cherokee Nation District Court accepted plea deals for Dakota and Gage Shriver, convicting them for crimes that resulted in the tragic death of Noelle New and injury of Maranda Talley in 2015. Both defendants were found guilty of charges of Negligent Homicide, Accessory to Leaving the Scene of a Fatality Accident, and Accessory to Leaving the Scene of an Injury Accident and were each sentenced to six years.

This plea has been carefully considered by the Nation and the agreement was reached based on a thorough review of all the facts and circumstances of this case. The State of Oklahoma had previously improperly assumed jurisdiction of these cases and convicted both defendants. Under federal law and in line with the U.S. Supreme Court’s McGirt decision and subsequent rulings in Oklahoma courts, this conviction was dismissed in 2021 while appeals were pending – as the case could legally only be filed in federal or tribal courts – and the defendants were transferred to Cherokee Nation custody, where they have since remained. After serving their sentences, both defendants will be required to have mental health and substance abuse assessments and participate in treatment and will be required to attend DUI school and a Victim Impact Panel, in addition to paying fines, fees and costs.

Our deepest thoughts and prayers are with the victims and their families, who have not only had to bear with the tragedy and loss in this crime, but also the pain of an extended legal process. We will continue to do all we can to support the families, provide justice, and honor the memory of the victims of this tragedy.” – Cherokee Nation Attorney General Chad Harsha