United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Domestic Assault by an Habitual Offender and Assaulting, Opposing, Resisting, and Impeding a Federal Officer.
Charles Black Spotted Horse, age 24, was indicted on August 16, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 25, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund for each count. Restitution may also be ordered.
The Indictment alleges that on April 29, 2016, Black Spotted Horse unlawfully assaulted his spouse when, at the time of the domestic assault, Black Spotted Horse had a final conviction on at least two prior occasions for offenses that have been, if subject to federal jurisdiction, an assault against a spouse and intimate partner. The Indictment also alleges that on or about April 29, 2016, Black Spotted Horse forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with an officer from the Rosebud Sioux Tribe, while that officer was engaged in the performance of his official duties.
The charges are merely an accusation and Black Spotted Horse is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk W. Albertson is prosecuting the case.
Black Spotted Horse was released on bond pending trial. A trial date has not been set.