U.S. Attorney Brendan V. Johnson announced that a Rosebud man charged with Sexual Abuse was sentenced on September 6, 2011, by U.S. District Judge Roberto A. Lange. Gary Gunhammer, age 53, was sentenced to 36 months of custody and five years of supervised release.
Gunhammer was indicted by a federal grand jury on January 11, 2011. The charge stems from an incident on August 18, 2010, wherein the defendant and the victim were drinking at a residence in Rosebud, South Dakota. After the victim was asleep, Gunhammer intentionally touched the victim directly and not through the clothing, with an intent to arouse and gratify his sexual desire. The Defendant pled guilty to an Information charging Abusive Sexual Contact on June 20, 2011.
The Information states that Gunhammer did engage in and attempt to engage in sexual contact when the victim was incapable of appraising the nature of the conduct and was physically incapable of declining participation in and communicating unwillingness to engage in the sexual contact.
This case was investigated by Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Gunhammer was immediately turned over to the custody of the U.S. Marshal.