


Richard Lee Smith, a resident of Tahlequah, was convicted of second-degree murder by the Cherokee Nation District Court on Thursday, December 12.
Smith is scheduled to appear in court for sentencing on March 20, 2025, at 1 p.m.
Smith was initially charged with first-degree manslaughter following a fatal altercation with Dayne Whitehorn in June 2020. According to reports from the Tahlequah Police Department, officers responded to a shooting incident at Riverside Park.
According to the police report, one witness told detectives Whitehorn had Lee by the neck, and Lee broke free by elbowing Whitehorn.
"Once the two were separated, [Lee] shot [Whitehorn] but [the witness] did not know where the gun came from," the report said.
Upon arrival, they found Whitehorn, 25, unresponsive on the ground. Despite CPR efforts, Whitehorn was pronounced dead shortly after being transported to Northeastern Health System.
Witnesses recounted that Smith and Whitehorn had been involved in a physical confrontation when Smith shot Whitehorn.
Subsequently, Smith was taken into custody and charged with first-degree manslaughter by District 27 District Attorney Jack Thorp. However, in 2021, the district court case was dismissed due to jurisdictional issues, as Smith is a confirmed tribal member.
The case was later taken up by the Cherokee Nation District Court, where Smith was charged with first-degree murder in 2023.
