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A Skiatook man who was released after being found incompetent now faces felony charges.

22-year-old Jacob Robin Gilmartin was charged on Tuesday with assault with a dangerous weapon in Indian Country.

According to the United States Department of Justice (DOJ), Gilmartin was charged in 2023 with second-degree murder after colliding with another vehicle in Indian Country in 2021, allegedly killing Clifton Smith. Gilmartin was deemed incompetent and released from custody in June 2025 after getting into another car accident and suffering a traumatic brain injury (TBI).

According to the DOJ, on Dec. 9, Gilmartin allegedly threw a knife at a 10-year-old victim and threatened to kill them. Gilmartin was detained at his residence by the Tulsa County Sheriff’s Office.

Gilmartin is a member of the Cherokee Nation.

The Federal Bureau of Investigation (FBI) is investigating the case. Assistant U.S. Attorney Mallory Richard is prosecuting the case.