United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man charged in two separate assault cases was sentenced on May 1, 2012, by United States District Judge Roberto A. Lange. In the first case, for a conviction for Assault Resulting in Serious Bodily Injury, Michael Charging Elk, age 21, was sentenced to 37 months in custody, 3 years of supervised release, and a $100 special assessment to the Victim Assistance Fund. In the second case, for a conviction of Assault by Striking, Beating and Wounding, Charging Elk was sentenced to 6 months in custody, a $10 special assessment to the Victim Assistance Fund, and restitution of $1,025.00.
The charges stem from separate assaults that took place on the Rosebud Sioux Tribe Indian Reservation. On October 13, 2010, Charging Elk was at the Sicangu Village Estates when an altercation ensued between Charging Elk and the victim. Charging Elk hit and kicked the victim, who was later hospitalized but recovered. On August 26, 2011, Charging Elk was again at the Sicangu Village Estates and went to a house looking for a girlfriend. A tribal court had ordered that Charging Elk have no contact with this girlfriend. However, he encountered a different woman and assaulted her when she did not allow him into the house.
The investigation was conducted by Rosebud Sioux Tribe Law Enforcement Services. Special Assistant United States Attorney Matt Rappold prosecuted the case.
The defendant was turned over to the custody of the United States Marshal.