Red Lake mom who set off recent Amber Alert charged with double murder in sons' killings

A Red Lake mother who set off a statewide Amber Alert in March is facing federal murder charges for killing her two sons and setting their home on fire.

Jennifer Stately, 35, was indicted Monday and remains in custody. She is accused of attacking Remi and Tristan Stately, ages 6 and 5, with a knife March 15 before setting her house on fire and fleeing. One of the boys died from a stab wound while the other died of smoke inhalation, said U.S. Attorney Andrew Luger in an announcement Monday,

As Stately fled with her toddler, authorities issued an Amber Alert. An hour later, a motorist spotted Stately's vehicle and called 911. Deputies in Todd County stopped the vehicle and found the toddler covered in wounds.

"This tragic case demonstrates the importance of close working relationships between the U.S. Attorney's Office and our state, federal and tribal law enforcement partners. Together, we are able to bring charges swiftly in cases such as this on behalf of the most vulnerable among us," Luger said in a statement.

The indictment charges Stately with one count of premeditated murder, one count of murder in the course of committing child abuse, one count of murder in the course of committing arson, one count of arson, and one count of felony child neglect.

Remi and Tristan Stately's school and community held vigils and ceremonies to mourn their loss.

Federal charges come a week after prosecutors in Todd County dismissed child abuse charges against Stately in anticipation of the case moving jurisdictions.

The alleged crimes happened in Red Lake. Under Public Law 280, jurisdiction shifted from federal jurisdiction to the state for offenses involving Native Americans in Indian Country. But the Red Lake Band of Chippewa is not subject to the law because of unique treaty considerations. So the feds, rather than the state, prosecute offenses such as murder and assault.

The Todd County Attorney's Office declined to comment.

Prosecutors there initially charged Stately with child torture, abuse, neglect and third-degree assault. About 95% of the toddler's face and body was covered in wounds that hospital staff believed could be from a bun caused by heat or chemicals.

"[He] had a very strong smell of body odor, as if he had not been washed or changed in a few days. His cheeks were red and the sores appeared to be bleeding. His blue t-shirt was filthy with what appeared to be skin cells and crumb-like material. The car seat also appeared dirty and full of the same type of materials. The boy had no winter coat, and he was wearing moccasins that were multiple sizes too big with no socks. His feet were full of scabs that appeared to be a mix of old and new wounds. [He] did not seem to want to stand on his feet due to pain. When he walked, it was in an irregular manner," charges state.

BCA Superintendent Drew Evans said in a phone interview Monday that federal authorities moved swiftly in partnership with Red Lake Tribal Nation "to ensure that accountability is there... for the children that unfortunately lost their lives."

"I'm very proud of our Amber Alert System and partnering with our federal law enforcement partners with the FBI and Red Lake Nation to issue that alert so there wasn't even a greater tragedy by being able to recover that child safely so there wasn't even an additional tragedy in this situation."

Special Agent in Charge Alvin M. Winston Sr. of FBI Minneapolis, said in Luger's announcement that "the loss of innocent lives demands swift and decisive action.

"Through seamless collaboration with our state and local counterparts along with the invaluable support of the U.S. Attorney's Office, we are steadfast in our resolve to pursue justice for the victims. We stand united in seeking closure and healing for the affected family and their community."

Check back on this developing story.