An Oklahoma state lawmaker is planning to introduce new legislation aimed at halting the early release of certain sex offenders after a convicted rapist killed six people – including five children – at his home the night before he faced another criminal trial.
The proposal from state representative Scott Fetgatter would come after the killings in his district by 39-year-old Jesse McFadden, who authorities say murdered his wife, her three children and two of their friends before he died by suicide and their bodies were discovered on Monday.
McFadden had served 17 years in prison for a 2003 rape conviction. McFadden was initially sentenced to 20 years but was released in October 2020 after complying with state laws that allow for prisoners to be released early.
Fetgatter told NBC News he is now exploring a measure that, if ratified, would prevent inmates convicted of rape and child sexual abuse from being released early.
“At the end of the day, those five children that were murdered in my district should be alive today,” Fetgatter said to the network. “That’s my priority: how do I keep this from ever happening again?”
The circumstances of McFadden’s early release have raised questions for Fetgatter and others after the murder-suicide McFadden allegedly carried out in Henryetta – about 90 miles from Oklahoma City – made national headlines.
A month after McFadden’s release, he was arrested again for allegedly exchanging sexually explicit text messages and photos with a child through a cellphone that he smuggled into prison in 2016. He was released on a $25,000 bond.
McFadden was scheduled to appear in court on 1 May for the start of a trial as he faced charges for possessing child sexual abuse imagery and soliciting sexual conduct with a minor. But on 3 May, local law enforcement officials confirmed that seven bodies they had found two days earlier – all with gunshot wounds to the head – belonged to McFadden, his wife, her three children and two of the children’s friends.
Authorities identified McFadden’s victims as 35-year-old Holly Guess, who married him in May 2022; and her three children: Rylee Allen, 17; Michael Mayo, 15; and Tiffany Guess, 13.
Two other girls who were found dead at the family’s home had gone there for a sleepover: 15-year-old Brittany Brewer and Ivy Webster, 14. They had been reported missing the night before and were also found by authorities. The state said it is still investigating a motive.
Loved ones of the victims have since expressed outrage that McFadden was released from prison early even though he ultimately faced charges for alleged criminal misconduct while imprisoned.
Justin Webster, the father of Ivy Webster, told the Associated Press that he is determined to “tell Ivy’s story and our story and get our government officials and everybody to start speaking up loud and keeping those pedophiles in jail”.
“There needs to be repercussions and somebody needs to be held accountable,” he said.
Janette Mayo, mother of Holly Guess and grandmother of her three children, told the Associated Press that “Oklahoma failed to protect families”.
“Because of that my children – my daughter and my grandchildren – are all gone,” she said. “I’ve lost my daughter and my grandchildren and I’m never going to get to see ‘em, never going to get to hold them and it’s killing me.”
The state’s department of correction told the local television news station KFOR in a statement that McFadden, “for most of his incarceration”, was classified as a prisoner who was eligible for early release once had completed 85% of his sentence.
He lost the classification for several months after the child sexual abuse imagery and smuggled cellphone allegations but ultimately regained it, the department said.
“He was assigned to level 1 in January 2017 following his misconduct occurring in December 2016 for possessing a contraband cellphone. He returned to level 4 through the proper steps in June 2017 through the end of his incarceration,” the department said.
Upon his release, McFadden was required to register as a sex offender for the rest of his life and check in every 90 days with the local sheriff’s office. He complied with those requirements.
Registered sex offenders are allowed to live with their own children and stepchildren as long as the children are not victims of the offender, according to Oklahoma law.
