Henry Angus Badbear 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 Billings, on November 4, 2009, before Chief U.S. District Judge Richard F. Cebull, HENRY ANGUS BADBEAR, a 48-year-old resident of Crow Agency, appeared for sentencing. BADBEAR was sentenced to a term of:
- Prison: 57 months
- Special Assessment: $100
- Supervised Release: 3 years
BADBEAR was sentenced in connection with his guilty plea to being a felon-in-possession of a firearm and ammunition.
In an Offer of Proof filed by Assistant U.S. Attorney Lori Harper Suek, the government stated it would have proved at trial the following:
On December 19, 2006, Crow tribal officers were called out because there was a report of a fight involving a weapon on the Crow Indian Reservation. The officers talked with a woman, BADBEAR'S girlfriend, who pointed at a bedroom in a nearby house and stated, "He's got a gun in there - go get it from him." The officers entered the house and checked the bedroom. BADBEAR was in the bedroom holding a rifle pointed at the ceiling. One of the officers asked BADBEAR what he was doing, to which he replied, "This is my last dance. I want you to shoot me or I'm going to shoot myself." BADBEAR was agitated, his face was flushed and his eyes were glassy and bulging out. The officer yelled at BADBEAR to drop the gun. BADBEAR kept repeating, "Just shoot me." BADBEAR claimed that he had cancer and that if the officer refused to shoot him, he would shoot himself. The officer finally was able to convince BADBEAR to unload the rifle and put it down.
BADBEAR claimed that his girlfriend came into the bedroom, drunk, and hit him while he was sleeping. He then got the rifle because he believed his girlfriend's sons were going to beat him up. He stated that it was not his intent to shoot anyone.
At the time of this incident, BADBEAR was on state supervision for a felony, which therefore prohibited from possession of firearms or ammunition.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that BADBEAR will likely serve all of the time imposed by the court. In the federal system, BADBEAR does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between Crow Tribal Law Enforcement and the Bureau of Alcohol, Tobacco, Firearms and Explosives.