MUSKOGEE — More than a year after he was convicted of involuntary manslaughter for the motorcycle wreck that caused the death of his girlfriend, Sheryl Bichsel, a federal judge sentenced former Oklahoma legislator and Eufaula City Councilman Dan Kirby to 41 months in federal prison today.
With his back to the three dozen or so people in the court gallery, Kirby showed little reaction as U.S. District Court Judge John F. Heil III read his sentence.
In the audience, numerous people supporting Kirby quietly gasped, and one of his daughters appeared to cry.
Heil ordered Kirby, 66, to be remanded immediately into the custody of U.S. marshals, prompting quiet cheers from some of Bichsel’s friends who had read victim impact statements to the court. Although Kirby’s attorney requested a later date of surrender, Heil noted that more than a year had passed since the conviction.
In the courtroom, two officers had Kirby take off his tie, belt and jacket, which were given to his family. He was led out of the courtroom with his hands cuffed behind his back.
Before the hearing concluded, Kirby’s lawyer, John Campbell, informed Heil he intended to appeal the sentence, which must be done within the next two weeks.
During the hearing, prosecutors said they had yet to work out a restitution deal with Kirby, prompting Heil to say he would schedule a restitution hearing sometime in the next 90 days.
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Kirby, a citizen of the Muscogee Nation, wrecked his motorcycle in Lake Eufaula State Park in July 2022 while Bichsel was riding on the back. Kirby was uninjured, but Bichsel — a Choctaw Nation citizen — died.
Because Kirby is a tribal citizen, only the Muscogee Nation and the federal government had jurisdiction over the situation. Kirby was tried over the course of three days in June 2023 in the U.S. District Court for the Eastern District of Oklahoma. Jurors found that Kirby was intoxicated to the point of impairment when the fatal wreck occurred and convicted him on a charge of involuntary manslaughter.
At 41 months, the sentence handed down for Kirby on Monday is five months longer than what would have been the maximum punishment available to the Muscogee Nation had he been tried in tribal court. The U.S. Supreme Court affirmed the Muscogee Nation Reservation in 2020, making it Indian Country for the purposes of criminal jurisdiction.
While Kirby’s blood alcohol content had been 0.028 — below the legal limit by the time it was tested at a hospital following the wreck and initial interview — the Oklahoma State Bureau of Investigation’s toxicology analysis also found a combination of narcotics in his system, including unspecified amounts of amphetamine, marijuana, tramadol, oxycodone and a pair of anti-depressants — citalopram and trazodone.
Bichsel friend: Dan Kirby ‘was the worst’
During Monday’s hearing, Kirby gave an emotional personal statement to the court in which he expressed “deepest remorse” for the incident. During the statement, Kirby’s voice shook, and he appeared to cry. Multiple times, he had to pause to collect himself before continuing, and he swayed back and forth at the podium.
“We might not have been the perfect couple, but we planned to be together and travel,” Kirby said. “I am heartbroken, and I am deeply remorseful of the pain and suffering caused by this event.”
Multiple times, Kirby discussed his feelings toward Bichsel.
“From our first date (…) I thought she was the most awesome girl I’d ever met,” Kirby said. “I truly loved Sheryl.”
Kirby also said he hasn’t had a “single drink” of alcohol since the beginning of 2023.
Two of Bichsel’s friends read victim impact statements to the court after Kirby made his statement.
“This is never an easy thing to do when you’re looking at the man who killed your best friend,” said Suzy Miskovsky, who spoke first. “My hope today is that the man who took your life will be held accountable.”
The second person to read a victim impact statement was Christine Riley, who said she and Bichsel were each other’s “ride or die” friend and “secret keepers.” Riley provided a copy of her statement to NonDoc after the hearing.
“One thing we all knew about her, though, is that as beautiful and special and sweet as she was, her choice in men was suspect. One of those was Danny Gene Kirby. This one — this one was the worst,” Riley said. “In the two-and-a-half years you two were together, I saw such a drastic change in my friend. (…) You destroyed my friend way before you killed her.”
During the entire time that Riley spoke, Kirby sat with his back to her.
“God had one last task for Sheryl before he brought her home. That was to do what no one else has been able to do, and that is to make Danny Gene Kirby finally pay for his bad behavior. I have to believe my friend did not die in vain,” Riley said. “Lady justice is blind sometimes and doesn’t always get it right, but when we have extremely intelligent attorneys that took on this case and police officers that can’t be manipulated or bought that want to do the right thing for Sheryl’s family, and with all the overwhelming evidence, not only did ‘lady justice’ get it right, but she reached up and pulled her blindfold down from her right eye and gave us a wink and a nod.”
After the hearing, as Riley and other members of Bichsel’s friends and family walked through the courthouse halls past Kirby’s supporters, one shouted at her and called her a “horrible person.”
“She told the truth!” a woman from Riley’s group shouted in response.
Riley spoke about the incident after leaving the courthouse, saying that the woman who yelled at her had grabbed her arm.
“I’m sure that their side is as passionate about Dan as we are about Sheryl. I don’t hold any grudge toward anybody. It just is what it is, not that I would grab anybody,” Riley said. “At the end of the day, I don’t know if my words upset her so much. She probably ought to check herself because I’m going home without seeing a lifelong best friend.”
Riley also celebrated Kirby’s 41-month prison sentence, saying she was “thrilled.”
“There couldn’t have been a better ending to the story,” Riley said. “This was nothing to do with justice for Sheryl, that does not exist. This is just that Dan finally has to pay for something — something — in his miserable life. (He) finally has to accept responsibility for something. That’s all this is.”
In 2017, Kirby resigned from the Oklahoma House of Representatives while facing expulsion for allegations of sexual harassment. He had represented House District 75 since 2008. In April 2021, Kirby won election to the Eufaula City Council. After he was indicted in February 2023, he resigned from that position.
Judge: ‘Probably a record number of letters’ supported Kirby
In a motion for variance filed July 12, Kirby’s lawyer asked Heil to disregard the federal sentencing guidelines for involuntary manslaughter and instead “impose a sentence of eight to 14 months home detention, coupled with an up to five-year term of probation or an up to three-year term of supervised release.”
To support the request, Campbell discussed Kirby’s family and background, noting that Kirby had no prior criminal convictions.
“While Kirby maintains that he is not criminally liable for Bichsel’s death, he nevertheless has been racked with guilt for his role in the accident. Kirby’s actions since the accident have demonstrated that he has taken accountability for his role in Bichsel’s death,” Campbell wrote. “He has attended drug and alcohol education. He has given up his medical marijuana card and stopped using marijuana. He has stopped drinking alcohol. He has stopped associating with the individuals he was with on the night of the incident. In short, he has effected real change to his life to ensure that he never finds himself in the same situation.”
Kirby also submitted 34 letters written on his behalf requesting leniency from the judge, several of which referenced his early career as a pentecostal preacher. Although none of his former legislative colleagues submitted letters for him, many others emphasized the remorse Kirby feels for the incident.
“Although we all have shortcomings, I’ve always known Dan to be a stand-up guy. He has been there for his kids, grandkids, his friends and his community. There’s no doubt Dan has much more to offer his community and I know him well enough to know, if given the opportunity, he will continue to contribute positively to his community,” wrote former Oklahoma Corporation Commission member and U.S. Rep. J.C. Watts (R-OK4), who attended high school with Kirby and now advocates for criminal justice reform. “As Thomas Paine said, ‘It’s times like these that try men’s souls.’ Dan is hurting and remorseful and has grown through his ordeal. I’m hoping he will be allowed to continue serving his family and community and leniency is given.”
The prosecution, meanwhile, opposed Kirby’s motion and asked Heil to follow the federal guidelines and sentence Kirby from 41 to 51 months in prison, which the judge ultimately did.
Heil said during the hearing that he had carefully considered each of the parties’ filings regarding sentencing, including all of the letters submitted on Kirby’s behalf.
“I’ve (…) reviewed probably a record number of letters written for the defendant in this case,” Heil said.
After he handed down the sentence, Heil shared his view of the situation.
“There’s nothing good happening today. (…) There is nothing good on either side of the equation,” Heil said before addressing Kirby directly. “You have an opportunity to change your life. (…) That is much more than can be said for Sheryl Bichsel.”
Heil then praised Kirby’s career in public service and the large support he had from friends and family.
“You have an obligation to use those gifts and talents to make your community better,” Heil said.
(Correction: This article was updated at 7:55 p.m. Monday, July 29, to correct the spelling of Suzy Miskovsky’s name. NonDoc regrets the error.)
