Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Great Falls on February 17, 2009, before U.S. District Judge Sam E. Haddon, KYLE KANE KICKING WOMAN, a 21-year-old resident of Browning, pled guilty to assault by striking, beating, or wounding. Sentencing is set for May 18, 2009. He is currently released on special conditions.

In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:

On December 6, 2008, the female victim, along with her boyfriend, KICKING WOMAN, and others were drinking at a residence in China Town near Browning. KICKING WOMAN became angry, so, the victim, KICKING WOMAN, and others left China Town and went to a residence in the Starr School area near Browning. When they arrived at the residence, the victim saw KICKING WOMAN grab a hatchet and come towards her. KICKING WOMAN swung the hatchet at the victim, striking her in the head. Police officers arrived at the residence later and found the victim holding a towel on the top of her head to stop the bleeding. Officers collected the hatchet and took photos of the scene and the victim's injuries.

The victim was taken by ambulance to IHS hospital in Browning where she was treated for her injuries. Although the treating physician initially stated that the victim's injuries constituted "serious bodily injury" under federal law because of 1) "substantial risk of death," and 2) "extreme physical pain," he later changed his opinion and stated that none of the victim's injuries constituted serious bodily injury.

KICKING WOMAN faces possible penalties of 6 months in prison and a $5,000 fine.

Assistant U.S. Attorney Vince Carroll prosecuted the case for the United States.

The investigation was a cooperative effort between the Bureau of Indian Affairs and the Federal Bureau of Investigation.

A copy of the Offer of Proof can be obtained by contacting Sally Frank at (406) 247-4638.

 

 

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