United States Attorney Brendan V. Johnson announced that a Pukwana man charged with Operating a Motor Vehicle Under the Influence of Alcohol Resulting in Serious Bodily Injury to a Minor was sentenced on August 4, 2011, by United States District Judge Roberto A. Lange. Kalup Wade McGhee, age 19, was sentenced to 37 months in custody, three years of supervised release, $253.11 in restitution, and a $100 special assessment to the Victim Assistance Fund. This sentence was ordered to be served consecutively to McGhee's sentence of 26 months for his conviction for bank burglary.
Kalup McGhee was indicted for Operating a Motor Vehicle Under the Influence of Alcohol Resulting in Serious Bodily Injury to a Minor by a federal grand jury on September 21, 2010.
In the early morning hours of December 6, 2009, two adults and two minors were passengers in a van being driven by Kalup McGhee. McGhee was driving at speeds between 75 and 90 miles per hour and lost control of the van. It went into a ditch and rolled. Two people were ejected from the vehicle. One passenger's leg was amputated above the right knee. Another passenger sustained fractured bones in her hip and pelvis, a broken leg, broken collar bone, broken ribs, a broken vertebra, and a lacerated liver. A third passenger sustained minor injuries. McGhee's blood-alcohol level was .137. Kalup McGhee pled guilty to the indictment on April 19, 2011.
The investigation was conducted by the Bureau of Indian Affairs, Crow Creek Agency and the South Dakota Highway Patrol. The case was prosecuted by Assistant United States Attorney Jay Miller.
Kalup McGhee was immediately turned over to the custody of the United States Marshal to begin serving his sentence.