Kyle Kane Kicking Woman 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 18, 2009, before U.S. District Judge Sam E. Haddon, KYLE KANE KICKING WOMAN, a 21-year-old resident of Browning, appeared for sentencing. KICKING WOMAN was sentenced to a term of:
- Prison: 6 months
- Special Assessment: $10
KICKING WOMAN was sentenced in connection with his guilty plea to misdemeanor assault.
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.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that KICKING WOMAN will likely serve all of the time imposed by the court. In the federal system, KICKING WOMAN 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 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.