St. Francis Man Sentenced for Domestic Assault by Habitual Offender
Assistant United States Attorney
United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota, man charged with Domestic Assault by Habitual Offender was sentenced on August 14, 2012, by United States District Judge Roberto A. Lange. Andrew Spotted Elk, age 23, was sentenced to 30 months in custody, 2 years of supervised release, and a $100 special assessment to the Victim Assistance Fund.
Spotted Elk was indicted by a federal grand jury on March 13, 2012, and pled guilty to the charge on May 22, 2012.
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 was prosecuted by Assistant United States Attorney Marie H. Ruettgers.
Spotted Elk was remanded to the custody of the United States Marshal.