United States Attorney Randolph J. Seiler announced that a Bullhead, South Dakota, man has been indicted by a federal grand jury for one count of First Degree Burglary and two counts of Domestic Assault by an Habitual Offender.
Dana Yellow Earrings, age 44, was indicted on February 15, 2017. He appeared before U.S. Magistrate Judge William D. Gerdes on February 21, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 35 years in custody and/or a $750,000 fine, 9 years of supervised release, and $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on September 11, 2016, Yellow Earrings unlawfully entered and remained in an occupied structure at night time. The Indictment also alleged that Yellow Earrings, on two separate occasions, committed the offense of domestic assault upon a spouse or partner.
The charges are merely accusations and Yellow Earrings is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Yellow Earrings was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.