Public charging documents and DOJ practice indicate that Braden Birdsong pleaded guilty to one count of a federal hate crime under 18 U.S.C. § 249 (the federal "Hate Crime Acts" statute), which makes it a crime to willfully cause bodily injury to someone because of the person’s race or color, among other protected characteristics.
The U.S. Attorney for the Western District of Oklahoma is the chief federal prosecutor for that district. In federal hate‑crime cases, Robert J. Troester’s office: (1) decides whether to bring federal charges (often jointly with DOJ’s Civil Rights Division); (2) leads the prosecution in federal court; and (3) coordinates with investigators like the FBI and with victims. DOJ guidance notes that U.S. Attorneys’ Offices share responsibility with the Civil Rights Division for enforcing federal civil‑rights and hate‑crime statutes.
The Civil Rights Division’s Criminal Section is a specialized unit at the Justice Department that investigates and prosecutes federal criminal civil‑rights violations nationwide. This includes hate‑crime cases under 18 U.S.C. § 249 and related statutes. In such cases, Criminal Section attorneys often work jointly with local U.S. Attorneys’ Offices—providing subject‑matter expertise, helping decide charges, and serving as co‑counsel at trial or in plea negotiations.
The FBI Oklahoma City Field Office is the lead federal investigative agency for civil‑rights and hate‑crime violations in its area. In cases like Birdsong’s, FBI agents gather evidence, interview witnesses, and work with federal prosecutors. The Special Agent in Charge (SAC), Douglas M. Goodwater, oversees that field office’s investigations, sets priorities, and publicly represents the FBI’s role—for example, issuing statements when hate‑crime defendants are charged or sentenced. FBI policy states that it is the lead federal agency for enforcing civil‑rights and hate‑crime laws.
A federal hate‑crime prosecution in Oklahoma is brought under federal law (primarily 18 U.S.C. § 249) by federal prosecutors in federal court, often based on conduct that affects interstate commerce or implicates federal civil‑rights protections. Oklahoma prosecutes under its own hate‑crime statute (e.g., Okla. Stat. tit. 21, § 850) in state court, usually as a penalty enhancement or separate bias‑motivated offense tied to an underlying crime like assault.
Key differences: (1) different statutes and elements; (2) different courts and prosecutors (federal vs. state); (3) federal law covers a broader set of protected characteristics and can carry higher penalties; and (4) both systems can, in some circumstances, pursue charges for the same conduct under the “dual sovereignty” doctrine.
Victims in federal hate‑crime cases can access several types of support:
• Victim-Witness Assistance Programs in each U.S. Attorney’s Office, which provide information about the case, court accompaniment, help with victim‑impact statements, and referrals to local services. • FBI Victim Services (victim specialists in field offices), which offer crisis intervention, help with safety planning, and connections to counseling, housing, medical, and legal resources. • National DOJ resources, including the hate‑crimes victims page and Office for Victims of Crime materials, which list hotlines, compensation programs, and local victim‑service providers.
These services are available regardless of whether the victim can afford an attorney and are meant to support victims throughout the federal investigation and prosecution.