JAILED BUT NO CHARGES: What families can do
Mar 17, 2026
A Rogers County father is searching for answers. His son has been in jail for nearly two weeks without bond, and authorities have not filed any charges.18-year-old Nathan Brashers was arrested on March 4 on two serious charges:
reckless conduct with a firearm and shooting with intent to kill.WATCH: JAILED BUT NO CHARGES: What families can do JAILED BUT NO CHARGES: What families can doAccording to him, he shot a firearm in the air during a heated argument and took off running in the opposite direction, said Patrick Brashers, Nathans dad.Patrick says the case was dropped and his son was sent back home, but only for two hours. Thats when Rogers County deputies came back to his home.When he picked him back up, he said, my bad, I didnt run it through Native.Nathan is a Cherokee citizen. With the case now going through a different court, it is seemingly starting from scratch.The first court date is not scheduled until April 7. When Patrick says he asks the Cherokee Nation whether charges are filed, he says he is told the case is under review.Im not a lawyer, but I feel like his due process has been thrown out the window while there is a tug of war contest with the tribe and the county, he said. I would like to see charges pressed by an entity so that I can hire an attorney or he can seek counsel, because so far, it has just been a gray area.Robert Gifford, an attorney with experience practicing in multiple courts and also a tribal court judge, says a person should not be held for more than 72 hours without seeing a judge.If he is just languishing in jail, he would have the right to file a federal habeas corpus under the Indian Civil Rights Act, said Gifford.Gifford suggests filing the writ of habeas corpus at the proper court clerks office. Its a court order to determine whether a jailing is lawful.Gifford says, unfortunately, people sitting in jail longer than they should is not out of the ordinary.While not making excuses for his son, Patrick just wants the process to be fair and legal.2 News reached out to the Cherokee Nation. The communications office did not return our calls or emails.We also spoke with Rogers County Sheriff Scott Walton by phone, who said it is not their case, and they are simply holding Brashers for the Cherokee Nation.Stay in touch with us anytime, anywhere -- 2 News Oklahoma on your schedule | Download on your TV, watch for free. How to watch on your streaming device Download our free app for Apple, Android and Kindle devices. Like us on Facebook Follow us on Instagram Watch LIVE 24/7 on YouTube
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