United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Discharging a Firearm During and in Relation to a Crime of Violence.
Kirk Johnson, age 47, was indicted on February 15, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 6, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, 5 years of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on January 9, 2017, Johnson unlawfully assaulted an adult male with a firearm. The indictment also alleges that Johnson knowingly carried and used said firearm during a crime of violence.
The charges are merely accusations and Johnson 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.
Johnson was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.