Kyle Webster Brockie Sentenced in U.S. District Cour
Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Great Falls, on May 11, 2009, before U.S. District Judge Sam E. Haddon, KYLE WEBSTER BROCKIE, a 25-year-old resident of Hays, appeared for sentencing. BROCKIE was sentenced to a term of:
- Prison: 24 months
- Special Assessment: $100
- Supervised Release: 3 years
BROCKIE was sentenced in connection with his guilty plea to involuntary manslaughter.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
On April 6, 2008, at approximately 3:40 a.m., BROCKIE placed a 911 call in which he stated that he had accidentally shot his step-daughter, Alimeda.
A Fort Belknap Tribal Police officer was the first person to arrive at the BROCKIE home in response to the 911 call. He stayed at the BROCKIE home to secure the crime scene after other officers took Alimeda to meet the ambulance.
While the officer was in the residence with BROCKIE and his common-law wife, BROCKIE confessed to loading the .243 caliber rifle and contemplating suicide. According to BROCKIE, the rifle went off when BROCKIE'S wife came into the room where he was sitting with the rifle, and pulled it away from him. The shot went through the wall and into the adjacent room where Alimeda was sleeping. BROCKIE showed the officer the rifle, which was in the closet of the room from which the shot was fired. BROCKIE also handed the officer an empty shell casing.
Alimeda was transported to the hospital in Great Falls where doctors attempted to surgically repair her wounds. She succumbed to her injuries and died in the hospital shortly after 1:00 p.m. on April 6, 2008.
BROCKIE was taken into tribal custody at approximately 4:30 a.m. on the day of the shooting. A Breathalyzer test revealed a .102 alcohol level, and a urine screen found methadone, benzodiazepines, opiates, propoxyphene, and oxycodone present. BROCKIE admitted to the person treating him that he was addicted to narcotics and potentially suffering from withdrawal, as he had been a chronic opiate user for the last two months.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that BROCKIE will likely serve all of the time imposed by the court. In the federal system, BROCKIE does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
Assistant U.S. Attorney Rebekah J. French prosecuted the case for the United States.
The investigation was a cooperative effort between the Fort Belknap Tribal Police and the Federal Bureau of Investigation.