Frankie Dushane Kindness Pleads Guilty in U.S. Federal Court
The United States Attorney's Office announced that during a federal court session in Billings, on October 31, 2012, before Chief U.S. District Judge Richard F. Cebull, FRANKIE DUSHANE KINDNESS, a 39-year-old resident of Crow Agency, pled guilty to depredation of government property. Sentencing has been set for January 31, 2013. She is currently released on special conditions.
In an Offer of Proof filed by Assistant U.S. Attorney E. Vincent Carroll, the government stated it would have proved at trial the following:
During the early morning hours of March 29, 2012, the FBI was contacted by the BIA Police Department (Crow Agency) regarding an officer involved shooting on River Road, north of Crow Agency. The FBI and BIA started an investigation. The investigation showed that a BIA Police officer was looking for a suspect in an unrelated domestic violence case. As the officer was out on patrol at approximately 2:30 a.m., he came across a car parked on River Road near Crow Agency. KINDNESS was in the driver's seat and her husband was in the passenger seat. The officer stopped his vehicle in front of KINDNESS' vehicle and got out. As the officer approached, KINDNESS put her vehicle in reverse and nearly ran off the road into a ditch as she backed up. She then put the car in drive and drove straight at the officer. KINDNESS swerved, missed the front of the BIA police vehicle, but hit the back bumper. The chase was then "on."
The officer chased KINDNESS' vehicle. Another BIA Police officer parked his police vehicle on River Road in an attempt to block, or slow, KINDNESS. The officer stood adjacent to his vehicle as KINDNESS approached, and he yelled for KINDNESS to stop. KINDNESS did not stop, and hit the front of the officer's vehicle.
The incidents were recorded on both BIA Police vehicles' video cameras. Additionally, paint markings on both police vehicles and on KINDNESS' vehicle show that KINDNESS hit the police vehicles.
KINDNESS faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was conducted by the Federal Bureau of Investigation.