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Justice News

Department of Justice
U.S. Attorney’s Office
District of South Dakota

Wednesday, February 27, 2013

Two Eagle Butte Men And A Woman Charged With Distribution Of A Controlled Substance And Possession With Intent To Distribute

United States Attorney Brendan V. Johnson announced that two men and one woman from Eagle Butte, South Dakota have been indicted by a federal grand jury.

Lena Flying By, age 45; Terry Flying By, age 50; and Earl Grindstone, age 28, were indicted by a federal grand jury on February 13, 2013 for Distribution of a Controlled Substance and Possession with Intent to Distribute a Controlled Substance. They appeared before U.S. Magistrate Judge Mark A. Moreno on February 20, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is not more than 5 years of imprisonment, a $250,000 fine, or both; a mandatory 2 years of supervised release and an additional year of supervised release upon revocation. Restitution and a $100 each special assessment may also be ordered. The charges are merely accusations, and the defendants are presumed innocent until and unless proven guilty.

The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force and the Cheyenne River Sioux Tribe Law Enforcement. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case. Defendants were released on bond pending trial. A trial date has not been set.

Updated June 22, 2015