Skiatook Man Charged with Assault After Being Released in June from Being Found Incompetent

TULSA, Okla. - A Skiatook man was charged today for Assault with a Dangerous Weapon in Indian Country after being found incompetent to stand trial and was released.

According to court documents, Jacob Robin Gilmartin, now 22, was initially charged in 2023 with Second Degree Murder in
Indian Country. Gilmartin was driving under the influence in 2021 and wrecked into another vehicle, killing Clifton Smith.
While on pre-trial release, Gilmartin was in a second wreck, injuring only himself and being diagnosed with a traumatic brain injury. After a medical evaluation, Gilmartin was deemed incompetent to stand trial and was ordered released in June 2025.

On December 9th, seven months after being released, court documents allege that Tulsa County Sheriff's deputies were dispatched in reference to a domestic violence call. The 10-year-old victim ran to a neighbor's house after receiving a severe laceration to his right arm that cut to the bone. The neighbor applied a tourniquet to stop the bleeding. The victim told deputies he sustained the injury when Gilmartin threatened to kill him and threw the knife at him.

Court records show that deputies followed the blood trail back to Gilmartin's residence, where he was detained.

Gilmartin is a member of the Cherokee Nation.

The FBI is investigating the case, and the defendant was arrested with the help of the Tulsa County Sheriff's Department. Assistant U.S. Attorney Mallory Richard is prosecuting the case.

A criminal complaint is merely an allegation, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.