OKLAHOMA CITY — The U.S. Justice Department’s initial review of the 1921 Tulsa Race Massacre concluded on Friday, indicating that while federal prosecution might have been feasible a century ago, there are currently no available legal paths for criminal charges over 100 years after one of the country’s most significant racial violent events.
The Department of Justice began its investigation with the understanding that prosecution was unlikely, but its detailed report—spanning over 120 pages—describes the magnitude and aftermath of the massacre. This devastating incident involved a white mob attacking a flourishing Black community, resulting in approximately 300 fatalities and the destruction of around 1,200 homes, businesses, schools, and churches.
The report pointed out, “Currently, all those involved in the attacks have passed away, the statutes of limitations for any civil rights violations lapsed many years ago, and there are no credible ways to conduct further inquiries.” It highlighted federal documentation from shortly after the incident in 1921, created by an agent related to what eventually became the FBI, yet there was no evidence to suggest that federal prosecutors had ever reviewed those reports.
The findings led to the observation that federal prosecutors might have contemplated filing charges at that time but ultimately decided against it. The report expressed disappointment over the department possibly not having engaged more seriously with the issue at the time, noting that without records of their decisions, the rationale for inaction remains unclear.
The investigation also scrutinized the involvement of various local institutions during the massacre, including the Tulsa Police Department, the local sheriff, the Oklahoma National Guard, and then-Mayor T.D. Evans, concluding that each failed to protect the community or actively aided in the violence.
Damario Solomon-Simmons, attorney for the last known survivors, Viola Fletcher and Lessie Benningfield Randle, both aged 110, has not yet provided commentary regarding the report. However, he previously characterized the DOJ probe as a significant event.
Historian Victor Luckerson, who authored a book focusing on Tulsa’s Greenwood district, emphasized the importance of having an official record from the government regarding the massacre. He stated, “Documenting these events firmly lays the groundwork for potential reparations, as establishing a factual record is critical in any reparations discussions.”
According to a research conducted for a state commission in 1999, the economic toll from the massacre was estimated to be $1.8 million in 1921 value, which translates to roughly $32.2 million today.
Recent legal developments have added to the challenges faced by survivors and advocates for racial justice. In June, the Oklahoma Supreme Court dismissed a lawsuit from survivors, curtailing the prospects of financial reparations from the city for the massacre’s impact. The court upheld a previous ruling from a district judge that, while acknowledging the legitimacy of grievances regarding the destruction of Greenwood, determined that the complaints did not meet the criteria under the state’s public nuisance statute.
