JAY – A Grove man accused of drowning four puppies may have his case transferred to Cherokee Nation.

Denver Kyle Cooper, 32, is charged in Delaware County District Court with cruelty to animals.

A necropsy report showed the puppies at the time of their death had “milk in their stomachs and were also infested with fleas,” according to an arrest affidavit.  

After initially saying the puppies were stillborn, Cooper admitted to “getting rid of the puppies and throwing them into the creek while they were alive”  because he “thought something would just eat them.”

Cooper appeared in court on Friday where his attorney Scott Goode announced he was filing a McGirt motion.  Special Judge Nick Lelecas continued Cooper’s case to February. 

Goode said his client is a citizen of the Cherokee Tribe and his motion cited the Supreme Court ruling in McGirt v. Oklahoma and the Oklahoma Court of Criminal Appeals ruling in Hogner v. Oklahoma.  Cooper’s alleged wrongdoing occurred within the Cherokee Nation Reservation.

Cooper is free on $10,000 bail, court records show.