Dustin Mark Flying Pleads Guilty in U.S. Federal Court

April 28, 2010 - The United States Attorney’s Office announced that during a federal court session in Great Falls on April 27, 2010, before U.S. District Judge Sam E. Haddon, DUSTIN MARK FLYING, a 24-year-old resident of Fort Belknap, pled guilty to being a habitual domestic offender. Sentencing has been set for August 2, 2010. He is currently detained.

In an Offer of Proof filed by Assistant U.S. Attorney Carl E. Rostad, the government stated it would have proved at trial the following:

From approximately November 8 through November 15, 2009, FLYING had continually assaulted his wife, S.F., at her sister’s residence in Lodge Pole, on the Fort Belknap Indian Reservation.

S.F. would have testified that during that week, FLYING had beat her repeatedly. The assaults included lifting her by her neck and throwing her to the ground, kicking her, choking her with a head-lock, smashing her against the wall, throwing her outside naked, dragging her by the hair, whipping her with a USB (computer) cord, and hitting her with the telephone handset.

S.F. advised law enforcement later, during interviews on November 15 and 16, that she did not earlier escape the abuse out of fear of FLYING. S.F. indicated that the beatings had left her unconscious on several occasions throughout the ordeal. Finally, on November 15, while FLYING was in the bathroom, S.F. gathered some clothes and fled to a neighbor’s home where she called her aunt, who in turn contacted the Fort Belknap Police. S.F. was then taken to the Fort Belknap Indian Health Service.

Medical examination revealed dozens of bruises on S.F.’s body, as well as open-wound lacerations, scratches, scrapes, whip and bite marks. S.F. could not hear out of one ear and advised medical staff that the loss of hearing began when FLYING punched her in the ear and threw her to the ground.

FLYING has at least two prior and separate convictions for domestic violence. The first offense occurred on July 11, 2006, and the second on July 19, 2006.

FLYING faces possible penalties of 10 years in prison, a $250,000 fine and at least 3 years supervised release.

The investigation was conducted by the Federal Bureau of Investigation in Havre.