Dustin Mark Flying Sentenced in U.S. District Cour
The United States Attorney's Office announced that during a federal court session in Great Falls, on August 2, 2010, before U.S. District Judge Sam E. Haddon, DUSTIN MARK FLYING, a 24-year-old resident of Fort Belknap, appeared for sentencing. FLYING was sentenced to a term of:
- Prison: 63 months
- Special Assessment: $100
- Supervised Release: 3 years
FLYING was sentenced in connection with his guilty plea to being a habitual domestic offender.
In an Offer of Proof filed by Assistant U.S. Attorney Carl E. Rostad, the government stated it would have proved at trial the following:
From approximately November 8 through November 15, 2009, FLYING had continually assaulted his wife, S.F., at her sister's residence in Lodge Pole, on the Fort Belknap Indian Reservation.
S.F. would have testified that during that week, FLYING had beat her repeatedly. The assaults included lifting her by her neck and throwing her to the ground, kicking her, choking her with a head-lock, smashing her against the wall, throwing her outside naked, dragging her by the hair, whipping her with a USB (computer) cord, and hitting her with the telephone handset.
S.F. advised law enforcement later, during interviews on November 15 and 16, that she did not earlier escape the abuse out of fear of FLYING. S.F. indicated that the beatings had left her unconscious on several occasions throughout the ordeal. Finally, on November 15, while FLYING was in the bathroom, S.F. gathered some clothes and fled to a neighbor's home where she called her aunt, who in turn contacted the Fort Belknap Police. S.F. was then taken to the Fort Belknap Indian Health Service.
Medical examination revealed dozens of bruises on S.F.'s body, as well as open-wound lacerations, scratches, scrapes, whip and bite marks. S.F. could not hear out of one ear and advised medical staff that the loss of hearing began when FLYING punched her in the ear and threw her to the ground.
FLYING has at least two prior and separate convictions for domestic violence. The first offense occurred on July 11, 2006, and the second on July 19, 2006.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that FLYING will likely serve all of the time imposed by the court. In the federal system, FLYING 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 in Havre.