Elmer Burpee Yarlott Sentenced in U.S. District Cour
The United States Attorney's Office announced that during a federal court session in Billings, on July 8, 2010, before Chief U.S. District Judge Richard F. Cebull, ELMER BURPEE YARLOTT, a 54-year-old resident of Crow Agency, appeared for sentencing. YARLOTT was sentenced to a term of:
- Prison: 400 months
- Special Assessment: $100
- Restitution: $2,619.07
- Supervised Release: life
YARLOTT was sentenced after having been found guilty during a 2-day trial of aggravated sexual abuse. Assistant U.S. Attorney Marcia K. Hurd prosecuted the case for the United States.
At trial, the government presented evidence of the following:
In 2007, the FBI received a report that a young girl had been sexually abused numerous times in approximately the spring of 2001 by YARLOTT, an enrolled member of the Crow Tribe. The young girl was approximately 6 years old at the time of the abuse and YARLOTT had lived with her and her mother in Lame Deer.
YARLOTT sexually abused the child when her mother was away at work after the child returned home from school. The child did not disclose the abuse immediately to her mother, but the couple broke up anyway due to YARLOTT's physical abuse of the mother. Her mother had suspicions that YARLOTT had done something to the child, as she started acting differently around him and did not want to be alone with him. The child repeatedly asked her mother to take her to work with her rather than leave her alone with YARLOTT. The child told her mother some time later but the mother did not report it to law enforcement authorities.
In July 2007, the child and family members were at a relatives' funeral when YARLOTT approached the child. She became very upset when he tried to hug her and a confrontation ensued. This was witnessed by the child's siblings.
During the week of July 23, 2007, the child was staying with her aunt and disclosed the sexual abuse to her. Her aunt contacted law enforcement and an investigation was started.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that YARLOTT will likely serve all of the time imposed by the court. In the federal system, YARLOTT 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 conducted by the Federal Bureau of Investigation.