United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse, Kidnapping, Assault with a Dangerous Weapon, and Assault Resulting in Serious Bodily Injury.
Jason Martinez, age 40, 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 life in custody and/or a $1,000,000 fine, up to life of supervised release, a mandatory special assessment of $5,000, and $400 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about December 9, 2015, Martinez caused and attempted to cause his intimate partner to engage in a sexual act by the use of force. Martinez is also accused of willfully kidnapping the same victim, as well as assaulting her with a shovel which caused serious bodily injury.
The charges are merely accusations and Martinez is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Martinez was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.