'Our justice will be served:' Muscogee Nation charges Haskell foster mother accused of leaving girl in cold

The Muscogee Nation’s deputy attorney general says she will aggressively prosecute the case of a foster mother accused of leaving a girl out in the cold last week in Haskell.

The nation charged Kaytlin Fultz with misdemeanor child neglect.

Fultz was booked into jail and released. The nation is reviewing the details of the case. 

When was it discovered that Kaytlin Fultz was a tribal member?

The Muskogee County DA said Monday that the same day Kaytlin Fultz and her husband, Andrew, were charged with felony child neglect by the Muskogee County District Attorney's Office. 

When did Muscogee Nation get the report?

Deputy attorney Geri Wisner said they received the report Tuesday after a judge dismissed the charge against Kaytlin Fultz because she's a tribal citizen. 

When did Muscogee Nation file charges against Kaytlin Fultz?

The charges were filed on Wednesday.

Why did the Nation file it as a misdemeanor?

Wisner says it's filed as a misdemeanor based on the information they had at the time, but says they are now getting new information.

Could Fultz's charges be refiled? 

"If we find more information that would be compelling to refile either extra charges or a higher charge we will do so," said Wisner.

 What is the maximum sentence for a misdemeanor child neglect charge in tribal court? 

One year or less. 

What is the maximum sentence for a felony child neglect charge in tribal court? 

Three years. 

What is the maximum sentence for a felony child neglect charge in state court?

Life in prison.

How will the Muscogee Nation make sure Andrew and Kaytlin Fultz charges are fair if they're being charged in different courts? 

Wisner says Muscogee Nation is sovereign, and comparing tribal court to state court is like comparing Oklahoma's laws to Arkansas’s laws.

"I think our justice will be served, but that doesn't necessarily have to stand side by side with Muskogee County," said Wisner. 

Could Kaytlin be charged in federal court?

Yes, she can be charged in both tribal court and federal court and could face a larger sentence. 

Muscogee Nation is frustrated it didn't get the report until Tuesday, but the Muskogee County DA's office says they didn't learn Kaytlin Fultz was a tribal citizen until Monday, after they'd filed charges.