Informational: Federal Court Arraignments
Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Great Falls, on February 24, 2009, before U.S. Magistrate Judge Keith Strong, the following individuals were arraigned:
ELWYN FLOYD HAS THE EAGLE, JR., a 25-year-old resident of Dodson, appeared on four charges of first degree murder. Under federal law, first degree murder can be committed either by killing another with malice aforethought and premeditation or by killing another during the commission of another felony crime - the felony murder rule. In this case, HAS THE EAGLE has been charged with killing two people, both with premeditation and during the course of another felony, thereby resulting in four separate counts of first degree murder. He is currently detained. If convicted of any one of the four charges, HAS THE EAGLE faces possible penalties of mandatory life in prison, a $250,000 fine and 5 years supervised release. Assistant U.S. Attorney Rebekah J. French is the prosecutor for the United States. The investigation was a cooperative effort between Federal Bureau of Investigation, the Fort Belknap Tribal Police, the Blaine County Sheriff's Office and the Phillips County Sheriff's Office.
MICHAEL GEORGE MARTINEZ, a 37-year-old resident of Harlem, appeared on charges of assault with a dangerous weapon and assault resulting in serious bodily injury. He is currently detained. If convicted of these charges, MARTINEZ faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release. Assistant U.S. Attorney Rebekah J. French is the prosecutor for the United States. The investigation was a cooperative effort between Federal Bureau of Investigation and the Fort Belknap Tribal Police.
The defendants pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.