'Throw a dart and see which we're going to do,' says Okmulgee Co. Investigator about Jesse McFadden's required compliance check

HENRYETTA, Okla. (KFOR) - The burning questions most people have asked: Where was Jesse McFadden's probation officer? According to the State Department of Corrections, he wasn't on probation, but he was required to check in with the Okmulgee County Sheriff's Office every 90 days. A County Investigator compared those checks to playing darts.

News 4 has been investigating Jesse McFadden and his past for the last several days.

McFadden is accused of killing his wife of less than a year, her three children, and two other teens who were at his home for a sleepover and then a day trip to McAlester.

News 4 was the only media outlet invited to walk through McFadden's home last Thursday with one of the victim's families.

Inside the home, the Webster family found three cell phones and two laptops tucked away in a laundry room cabinet. Drug paraphernalia, a separate phone, and a check signed by McFadden's wife, Holly Guess made out to a local storage unit company.

The Webster family confirmed one of the hidden phones belonged to their daughter, Ivy.

"Still confused. Still a lot of answers that need to be given," said Ivy's dad, Justin Webster.

McFadden was convicted of rape and sentenced to 20 years in 2003.

During that same sentence, he concurrently served eight years for grand larceny.

During McFadden's time in prison, he was considered a "Level 4 inmate."

"State statute dictates ODOC base an inmate’s incarceration on a level system that determines custody level, job status, program status and privileges. The level system (OP-060107) encompasses multiple criteria including behavior and attitude, program and education assignments, and general hygiene," said the Oklahoma Department of Corrections Acting Chief of Communications, Kay Thompson.

The ODOC systems of incarceration also states for a level four inmate, McFadden had to have maintained an "outstanding attitude and relationship with staff and other inmates."

"McFadden was a Level 4 inmate for most of his incarceration, however, he was assigned to Level 1 in January 2017 following his misconduct occurring in December 2016," stated Thompson.

His inmate status was downgraded because McFadden was caught with a contraband cellphone officials say he used to sext a teenage girl.

According to court documents, the photos of the victim appeared to be in "different stages of undress."

The conversations between McFadden and the victim also reflected "sexually-themed conversations."

The phone also contained explicit photos of McFadden, court records show.

McFadden was charged in 2017 with a count of soliciting sexual conduct or communication with a minor by use of technology and a count of child pornography. Both are considered felonies.

McFadden returned to Level 4 status only five months later in June 2017.

He then completed the state required 85% on his sentence.

"Inmate Jesse McFadden was sentenced to 20 years in 2003 and was received into ODOC custody in January 2004. Per state statute, for his conviction, McFadden had to serve no less than 85% of his sentence, which is a minimum of 17 years. Inmates are given credit for time served within county jails, which in his case was 76 days," said Thompson.

Despite still facing two charges related to child pornography, McFadden was released from prison in October 2020.

Thompson added McFadden was not put on probation, but he was required to check in with the Sheriff's Office every three months in which he was "compliant."

However, an Okmulgee County Sheriff's Investigator painted a different picture last week.

"So who is supposed to be checking on the sexual offender?," asked Justin.

"It's public record. It's everywhere," responded the Investigator.

"So nobody is supposed to come and do checks?," asked Justin.

"We do compliance checks but it's like throw a dart, see which we're going to do because that's all the resources we have to do," said the Investigator.

News 4 reached out to the Okmulgee County Sheriff's Office Tuesday morning and requested a detailed record of McFadden's compliance checks, but we have not heard back.

In the family's search for answers, they also found 200+ copies of letters and journal entries written by McFadden to his second victim.

The victim told News 4 off camera she must have been 15 or 16 when McFadden wrote the letters.

The letters detail how much McFadden loved her and wanted to marry her. McFadden also explained in detail the sexual acts he would perform on her.

In almost every letter News 4 read, McFadden mentioned he was working on getting out of prison.

"I'm doing everything to get out sooner," he wrote.

All while he was writing these letters, then being released from prison, he awaited a pending jury trial in his child pornography case.

It took almost three years after his release to set a jury trial date.

"The story from the District Attorney's Office is that one, they got caught up into that a prosecutor [broke] an ankle [and] that delayed the trial, then the pandemic happened," said Cameron Spradling, Ivy Webster's family attorney.

Spradling also told KFOR a defense attorney in McFadden's case died from Covid-19, forcing a search for new counsel.

Finally, a date was set for McFadden's jury trial: May 1, 2023.

That same day, he killed six people and then turned the gun on himself.

According to an NBC News report, sometime around the time of the killings, McFadden sent social media messages to his child pornography victim.

The messages came from a profile named 'Holly Days.'

It shows what appears to be a selfie of McFadden and several messages following it.

"I did exactly what I promised I would do when I got out. I got a marketing job making great money and was being advanced. [I've] been there 2 years now and made a great life I promised I would do with you," the first message reads.

"Now it's all gone. I told you I wouldn't go back. This is all on you for continuing this," the other messages read.

In an email from Okmulgee Police Chief, Joe Prentice to NBC News, it said he wasn't “willing to read too much into it.”

"It seemed to me he was blaming her for his situation for continuing the criminal case against him,” he said.

The victim told NBC News she read the message as McFadden blaming her for the killings because she refused to back down from the child pornography and soliciting sexual conduct/communication with a minor charges.

Ivy's family said the delay in justice led to innocent lives being lost.

"I feel let down and failed. We've all been failed," said Justin.

Thompson told KFOR registered sex offenders, such as McFadden are allowed to live with their own children and stepchildren as long as they are not a victim of the offender. However, they are supposed to notify the Oklahoma Department of Human Services if they do.

News 4 reached out to DHS to see if McFadden had notified them of living with his stepchildren.

"State and federal confidentiality laws prevent us from releasing the names of any reporting party to the Hotline, including self-reporters," said DHS External Communications and Media Relations Administrator, Casey White.

News 4 went back to McFadden's property Wednesday morning.

24 hours before, there was no crime scene tape, a white Dodge Charger was missing, and the front gate to McFadden's property was wide open.

On Wednesday morning, the front gate was closed and it was locked. On the front of the gate was a sign that read, 'No Trespassing.'

News 4 has reached out to the Oklahoma State Bureau of Investigation several times since they took over this investigation on Friday.

All the information that has been released to News 4 over the last few days is, "The investigation is still ongoing."