St. Francis Man Guilty of Domestic Assault by Habitual Offender
Assistant United States Attorney
United States Attorney Brendan V. Johnson announced that Andrew Spotted Elk, age 23, of St. Francis, South Dakota, appeared before United States District Judge Roberto A. Lange on May 22, 2012. Spotted Elk pled guilty to Domestic Assault by Habitual Offender. The maximum penalty upon conviction is 5 years' imprisonment, a $250,000 fine, or both.
The conviction stems from an incident that took place on July 31, 2011, when Andrew Spotted Elk committed the crime of domestic assault. At the time of the domestic assault, Spotted Elk had two prior convictions in tribal court for Domestic Violence-Domestic Abuse against a domestic partner. These prior convictions provided the necessary predicate for Spotted Elk's federal conviction for Domestic Assault by Habitual Offender.
The investigation was conducted by Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant United States Attorney Marie H. Ruettgers.
A presentence investigation was ordered, and a sentencing date was set for August 13, 2012. The defendant was remanded to the custody of the United States Marshal pending sentencing.