Convicted of kidnapping his ex, Oklahoma man won a retrial. His new sentence is longer

An Oklahoma man convicted in a “harrowing” kidnapping was given a retrial only to be sentenced to more years in prison the second time around.

In 2017, Choctaw resident Randy Hamett broke into his ex-wife’s house by cutting a hole in the wall and when she returned home from work he used a Taser on her in order to tie her up with zip ties and duct tape, officials said. As part of an Emergency Protection Order, Hamett had previously been ordered to surrender any firearms and to remain at least 100 yards away from her residence.

In fear for her life, she convinced Hamett to leave with her to Siloam Springs, Arkansas, where the couple had wed six years earlier, to “rekindle their relationship.” For two days, the woman extended the trip to prevent Hamett from killing her and convinced him to let her text her parents, who became suspicious and called police.

Police tracked the woman’s cell phone to a Holiday Inn and found Hamett with her in a room.

In 2018, Hamett was convicted of kidnapping and sentenced to 20 years in prison but he appealed the decision. Last year, an appeals court reversed the conviction and ordered a retrial, ruling a judge “erred in finding that Mr. Hamett knowingly and intelligently waived his right to counsel” at trial.

In April, a federal jury once again convicted Hamett. But this time he was sentenced to 33 years in prison.

Why? In part because federal prosecutors charged Hamett with Indian Country crimes in a new indictment filed just months after a pivotal U.S. Supreme Court ruling, which recognized the Creek Nation reservation remained intact under the Major Crimes Act, officials said.

“Because Hamett is Cherokee and he committed his crimes within the Muscogee (Creek) Nation reservation, federal prosecutors were further able to charge Hamett with Indian Country crimes, which they were previously unable to charge in 2018,” officials said.

This story was originally published August 18, 2021 at 5:21 PM with the headline "Convicted of kidnapping his ex, Oklahoma man won a retrial. His new sentence is longer."