Cannon Ball Man Sentenced for Assault on a Federal Officer

BISMARCK, ND—U.S. Attorney Timothy Q. Purdon announced that on September 24, 2012, Bruce Flying Horse, 23, of Cannon Ball, North Dakota, was sentenced by U.S. District Judge Daniel L. Hovland on a charge of assaulting a federal officer.

Flying Horse pleaded guilty to the charge on June 22, 2012. Judge Hovland ordered Flying Horse imprisoned for a period of seven months, followed by a placement at a half-way house for an additional six months. Flying Horse will be on supervised release for two years. Flying Horse must pay a $100 special assessment to the Crime Victim’s Fund.

On February 21, 2012, law enforcement officers responded to a disturbance call from a Cannon Ball residence. When officers arrived, Flying Horse was detained by the occupants of the residence. When the officers attempted to place Flying Horse under arrest, Flying Horse began striking out towards the officers, and Flying Horse struck a federal officer in the chin.

The case was investigated by the Federal Bureau of Investigation, Bureau of Indian Affairs-Standing Rock Agency, Standing Rock Police Department, and Standing Rock Tribal Prosecutor’s Office.

Assistant U.S. Attorney Gary Delorme prosecuted the case.

Belcourt Man Sentenced for Assault

BISMARCK—U.S. Attorney Timothy Q. Purdon announced that on August 27, 2012, Jeffrey K. LaVallie, 41, of Belcourt, North Dakota, was sentenced by U.S. District Judge Daniel L. Hovland on a charge of assault resulting in serious bodily injury. LaVallie pleaded guilty to the charge on April 23, 2012.

Judge Hovland sentenced LaVallie to five years and 10 months in federal prison, to be followed by three years of supervised release. LaVallie was ordered to pay restitution of $14,772.52 and a special assessment of $100 to the Crime Victim’s Fund.

On December 20, 2011, in the Belcourt area, LaVallie stabbed a victim in the chest with a knife. The injury resulted in a laceration to the victim’s pericardium and lung, which required emergency surgery.

The case was investigated by the Bureau of Indian Affairs-Turtle Mountain Agency and Federal Bureau of Investigation.

Assistant U.S. Attorney Brandi Sasse Russell prosecuted the case.

Waubay Man Charged in Death of Minor

U.S. Attorney Brendan V. Johnson announced that a Waubay, South Dakota man has been indicted by a federal grand jury this week in the death of a minor.

Mario Contreras, age 34, was indicted by a federal grand jury on August 14, 2012, for second-degree murder, voluntary manslaughter, assault resulting in serious bodily injury to a child, and child abuse. He appeared before U.S. District Judge Charles B. Kornmann on August 16, 2012, and pled not guilty to the indictment. The maximum penalty upon conviction is life imprisonment and/or a $250,000 fine. The charges are merely accusations, and Contreras is presumed innocent until and unless proven guilty.

The investigation is being conducted by the Sisseton/Wahpeton Tribal Police Department, the BIA, and the FBI. Assistant U.S. Attorney Thomas J. Wright is prosecuting the case. Contreras was remanded to the custody of the U.S. Marshals Service. A trial date has not yet been set.

Mescalero Man Sentenced to 51 Months for Federal Assault Conviction

LAS CRUCES—On August 2, 2012, a federal judge in Las Cruces, New Mexico sentenced Gene Collins Ahidley, 29, a member and resident of the Mescalero Apache Nation, to a 51-month term of imprisonment for his federal assault conviction. Ahidley will serve a two-year term of supervised release after he completes his prison sentence.

U.S. Attorney Kenneth J. Gonzales said that, on May 17, 2011, Ahidley pled guilty to a two-count indictment charging him with assault resulting in serious bodily injury and assault with a deadly weapon.

Court records reflect that Ahidley assaulted the victim, his girlfriend and mother of his children, on the Mescalero Apache Reservation on August 24, 2006. On that date, Ahidley drove the victim to a remote location behind the Pena Housing Area and assaulted her by repeatedly punching her in the face and striking her with a three-inch thick tree branch in the legs, face, and back of her head. When the attack began, the victim was holding the couple’s 2-year-old child. The victim suffered injuries to her head, neck, torso, and legs as a result of the assault.

The case was investigated by the FBI and the Bureau of Indian Affairs, Office of Justice Services, Mescalero Agency, and was prosecuted by Assistant U.S. Attorneys Jacob A. Wishard and Mick Gutierrez.

Mescalero Man to Serve 14 Years in Prison for Child Sexual Abuse Conviction

ALBUQUERQUE—Earlier today in Las Cruces federal court, Wyatt Michael Lee Pebeashy, 25, was sentenced to a 168-month term of imprisonment for his conviction for aggravated sexual abuse of a minor. Pebeashy, a member and resident of the Mescalero Apache Nation, will serve a 10-year term of supervised release after he completes his prison sentence. He also will be required to register as a sex offender.

U.S. Attorney Kenneth J. Gonzales said that Pebeashy was sentenced for sexually abusing a child on October 3, 2008, at a residence located within the Mescalero Apache Reservation.

According to court filings, the victim’s mother contacted law enforcement authorities on October 3, 2008, and reported her belief that Pebeashy had sexually assaulting her child. Investigation of the report was impeded because the victim was not able to have any meaningful communication with investigators due to her young age. Although Pebeashy denied assaulting the victim during interviews with authorities, in July 2009, he agreed to provide a DNA sample to authorities. In November 2010, the results of DNA analysis revealed that a blood stain found on the victim’s shirt was Pebeashy’s blood. In June 2011, after being confronted with the DNA evidence, Pebeashy admitted sexually assaulting the victim.

Pebeashy was charged by criminal complaint in July 2011 and was arrested on August 2, 2011. He has been in federal custody since that time. Pebeashy entered a guilty plea to an information charging him with aggravated sexual abuse on November 17, 2011.

The case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Office of Justice Services, Mescalero Agency. Assistant U.S. Attorney Jacob A. Wishard prosecuted the case.

Fort Yates Man Pleads Guilty to Assaults

BISMARCK—U.S. Attorney Timothy Q. Purdon announced that on July 9, 2012, Tarrell Little Bear, 28, of Fort Yates, North Dakota, pleaded guilty in U.S. District Court to charges of domestic assault by a habitual offender and assault with a dangerous weapon.

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On September 29, 2011, Little Bear assaulted a woman by striking her numerous times in the face with his fist. Little Bear had been convicted of two prior domestic violence assaults in Standing Rock Tribal Court. The charge of domestic assault by a habitual offender carries a statutory maximum penalty of five years in federal prison and a $250,000 fine.

On August 14, 2011, Little Bear assaulted a man by striking him in the face, head, and chest. During the assault, Little Bear kicked the man in the face and head while wearing shoes. The charge of assault with a dangerous weapon carries a statutory maximum penalty of 10 years in federal prison and a $250,000 fine.

These cases were investigated by the Federal Bureau of Investigation, Bureau of Indian Affairs-Standing Rock Agency, Standing Rock Tribal Prosecutor’s Office, and Standing Rock Tribal Court.

Sentencing for Little Bear on both of these cases has been scheduled for October 12, 2012, in U.S. District Court in Bismarck at 1:00 p.m. Assistant U.S. Attorney Gary Delorme is prosecuting these cases.

Wyoming Man Sentenced for Assaulting a Federal Officer

U.S. Attorney for the District of Wyoming Christopher A. Crofts announced today that on July 6, 2012, Darolin Lee Surrell, a 42-year-old Eastern Shoshone Tribal Member, was sentenced for assaulting a federal law enforcement officer on the Wind River Indian Reservation. The case involved an incident on January 24, 2012, wherein Surrell threatened the officer with a knife when the officer was called to the home after Surrell’s family members became afraid for their safety based on Surrell’s behavior.

Mr. Surrell was sentenced by Chief U.S. District Judge Nancy D. Freudenthal to 18 months’ imprisonment, two years of supervised release, and a $100 special assessment. This case was investigated by the Bureau of Indian Affairs and the Federal Bureau of Investigation.