Former Tulsa legislator sentenced in federal involuntary manslaughter case (2024)

A former state lawmaker was sentenced to federal prison Monday after a jury found him guilty of involuntary manslaughter following a fatal motorcycle crash that left his girlfriend dead.

Danny Gene “Dan” Kirby, 66, was ordered to serve a 41-month prison term followed by three years of post-custody supervision during a hearing in Muskogee federal court, according to a spokesman for the U.S. Attorney’s Office there.

A jury in June 2023 found Kirby guilty of involuntary manslaughter in Indian Country in connection with the death of Sheryl Bichsel, 56.

Bichsel died at a hospital after Kirby lost control of a motorcycle he and Bichsel were riding July 23, 2022, while leaving the Fountainhead Marina Bar in Checotah, according to court documents.

Bichsel was not wearing a helmet, while Kirby reportedly was wearing a helmet, according to court documents.

Kirby’s blood alcohol content of 0.028% was well under the 0.08% legal threshold, records show. But the same blood test also detected THC, Oxycodone, Tramadol and medications used to treat depression.

Kirby countered in his request for a variance from the recommended sentence that he had prescriptions for all the drugs with the exception of the marijuana but that he had a medical marijuana license from the state of Oklahoma.

Kirby still maintains that he was not impaired at the time of the crash and noted that he was not arrested at the scene, according to court records.

Still, he noted in the court filing that he hasn’t drank alcohol since February 2023 and that he has since voluntarily given up his medical marijuana card.

Rather than a prison sentence, Kirby requested through an attorney that he be sentenced to eight months to 14 months of home confinement and up to five years of probation, followed by three years of supervised release.

Federal sentencing guidelines recommended that Kirby be sentenced to a prison term ranging from 41 months to 51 months.

In support of his request, Kirby said he should not be sentenced to prison.

“Kirby lost a woman with whom he intended to spend the rest of his life in a tragic accident,” the filing says. “The seriousness of the situation is not lost on him. Likewise, a sentence of imprisonment is not needed to provide additional deterrence.

“As noted, Kirby has been profoundly affected by Bichsel’s death.”

Prosecutors, meanwhile, urged the judge to sentence Kirby within the recommended 41-month to 51-month range.

“Defendant was smart enough to know that you don’t drive while under the influence of alcohol, marijuana and prescription drugs,” the government wrote in its sentencing memorandum.

“The bottom line here is that Defendant is an intelligent man that knew he was taking a risk on the night of July 23, 2022, when he drove his motorcycle with the victim as a passenger,” the government filing states.

Kirby was prosecuted in federal court because he is a member of a federally-recognized tribe and the death occurred within the Muscogee Nation Reservation.

A grand jury indicted him on the involuntary manslaughter count on Feb. 15, 2023. He resigned from the Eufaula City Council the following March.

Kirby served four terms in the Oklahoma House of Representatives as a Republican from Tulsa.

He resigned in March 2017, shortly after being reelected to a fifth term, following allegations of sexual harassment at the Capitol. He denied wrongdoing.

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