A Northeastern Oklahoma physician arrested on a first-degree murder charged in Arkansas earlier this week was charged with domestic assault and battery in January before the case was dismissed due to the U.S. Supreme Court’s McGirt decision.

With a background of October being Domestic Violence Awareness Month, Tyler Tait has been accused of killing Moria Kinsey, a nurse. But the earlier domestic charge against Tait, who also works for Cherokee Nation Health Services, was dropped and sent to federal prosecutors in April, according to District Attorney Jack Thorp. The victim in that case, Shelby Burris, is a member of the Muscogee (Creek) Nation, while Tait is non-Native. Burris and Tait have a child together, and she has twice filed protective orders against him, but later backed out.

The January assault case was referred to the Cherokee Nation in April, according to a statement issued by the tribe. 

“That case was under review when this tragic event occurred,” said Principal Chief Chuck Hoskin Jr. “The Attorney General of the Cherokee Nation today filed charges [in the Burris assault case] and requested [Tait] be held without bond. We are also reviewing our internal policies to strengthen our abilities to better address domestic violence complaints.”

The Supreme Court’s ruling in McGirt v. Oklahoma altered jurisdictional authority in the state, reverting criminal cases involving Native Americans to the tribes on whose reservations the crimes occurred.

On Oct. 11, Chicot County (Arkansas) Sheriff’s Office deputies responded to a report of a woman in need of medical assistance. Deputies found Kinsey lying beside a vehicle parked alongside U.S. Highway 65, approximately two miles north of Lake Village. She was taken to a nearby hospital and pronounced dead. Tait, who was also found near the vehicle, was questioned that evening by special agents. After consultation with Thomas Deen, 10th Judicial District prosecuting attorney, Tait was arrested.

Tait and Kinsey were reportedly traveling together and may have been attending the funeral of one of his relatives. Special agents examined the vehicle they were driving and discovered evidence of a physical altercation inside.

According to the Cherokee Nation Communications team, Kinsey was a former tribal employee. She left her job with the tribe in August. Tait was hired as a full-time employee in February 2019. They confirmed Cherokee Nation policy requires background checks on employees and also does background checks every five years on medical professionals. Tait had no convictions on his record at the time of his hiring.

“We are devastated and mourning the loss of Moria Kinsey, and on behalf of the entire Cherokee Nation, our thoughts and prayers are with Moria’s family and friends during this time,” Hoskin said. “Although not a Cherokee citizen, Moria is a former employee and member of our Cherokee Nation work family, dedicated to helping improve the lives of our citizens. Our traditional Cherokee lifeways teach us to revere our daughters, grandmothers, sisters and mothers and to respect the guidance and wisdom they offer.”

According to court records, Tait has a history of alleged domestic violence, including the domestic assault and battery case from January. In 2017, a protective order was filed against him by Burris. That was ultimately dismissed, after Tait was charged with violating the order, but Burris filed another protective order against him in 2020. In May 2017, he was also charged with assault and battery with a dangerous weapon. That case, too, was dismissed without fine or costs. And in 2016, Tait was reportedly involved in a single-vehicle accident in Camden, Alabama, after engaging in a physical altercation with his mother at her home.

Laura Kuester, executive director of Help In Crisis, said the past 24 hours have been a stark reminder that domestic violence exists, is prevalent and does not discriminate. She pointed to a recent coroner’s report that ruled Gabby Petito, another woman who was found dead in Wyoming and her boyfriend missing, likely died by strangulation.

Kuester and other advocates had stepped up education efforts recently, as October is Domestic Violence Awareness Month.