United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse and Sexual Abuse.
Lloyd Red Horse, Jr., age 19, was indicted on April 13, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 15, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, any term of years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about October 7, 2015, Red Horse knowingly engaged in and attempted to engage in a sexual act with a female individual, by the use of force. On that same date, Red Horse knowingly engaged in and attempted to engage in a sexual act with a female individual, when the victim was incapable of appraising the nature of the conduct, and was physically incapable of declining participation and communicating her unwillingness to engage in the sexual act.
The charges are merely accusations and Red Horse is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Red Horse was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.