United States Attorney Randolph J. Seiler announced that a Kenel, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Dylan Demery, age 23, was indicted on January 21, 2016. He appeared before U.S. Magistrate Judge William D. Gerdes on February 4, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about January 1, 2016, Demery forcibly resisted, opposed, impeded, intimidated, and interfered with an officer from the Bureau of Indian Affairs. The incident happened while that officer was employed as a federal law enforcement officer with the Bureau of Indian Affairs, assigned to perform law enforcement functions and was also engaged in the performance of his official duties.
The charge is merely an accusation and Demery 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.
Demery was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.