TULSA, Okla. – A Grove man joins his two sons and is charged with first-degree murder in a retaliation shooting.

Top – Bottom: James William Buzzard, Cody Dewayne Buzzard, and Dakota Chase  Buzzard

James William Buzzard, 49, is indicted on first-degree murder in Indian Country; assault with a dangerous weapon in Indian Country; and carrying, using, brandishing, and discharging a firearm during and in relation to a crime of violence.

Cody Dewayne Buzzard, 28, and Dakota Chase Buzzard, 20, both of Grove, were indicted on the same charge in September.

The indictments stem from the fatally shooting of Jerry Tapp, also of Grove, on Aug. 1, 2019.

The men are expected to be tried together on June 21, said Lennea Montandon, U.S. Attorneys Office Public Affairs Officer.

Montando said all three men are in federal custody.

Delaware County Sheriff’s investigators said at the time of Tapp’s death, the shooting was in retaliation for a 2015 incident in which Tapp fired a shotgun into a vehicle driven by James Buzzard and wounded a juvenile girl.

Dakota Buzzard told Delaware County deputies when arrested, “I don’t know how many times I shot. When he (Jerry Tapp) fell to the ground, I walked up to him and shot him again,” according to a Delaware County District Court arrest affidavit. “Someone opened the front door and I shot at them, too.”

Delaware County deputies found Tapp deceased in his front yard from multiple gunshot wounds to his body. Tapp’s girlfriend sustained a gunshot wound to her arm.

Dakota Buzzard told authorities he, James, and Cody Buzzard drove toward Tapp’s residence, parked up the road from the home, and waited for him to return from work. James Buzzard allegedly told his sons to retrieve a loaded .22 caliber rifle from the trunk of the car. Dakota stated that once Tapp drove by, the three men followed him to his home.

After Tapp stepped out of his vehicle, prosecutors allege the Buzzards aided and abetted one another to shoot and kill Tapp and then shoot his girlfriend, according to a press release by the U.S. Attorney’s office.

The Buzzards’ cases were dismissed from Delaware County District Court due to a lack of jurisdiction based on a U.S. Supreme Court ruling.

The cases were picked up by Cherokee Nation and now U.S. District Court.

Cody Buzzard’s Cherokee Nation District Court case was dismissed on Aug. 3 after he was taken into federal custody. Dakota Buzzard’s case was dismissed on Oct. 21 after he was taken into federal custody and James Buzzard’s case was dismissed after he was taken into federal custody on Feb. 18.

The crimes occurred within the Cherokee Nation reservation.