News and Press Releases

Mission Man Pleads Guilty to Assaulting a Federal Officer

September 5, 2012
Contact: Mark E. Salter
Assistant United States Attorney

United States Attorney Brendan V. Johnson announced that Theophilus Joseph Gary, Jr., age 33, of Mission, South Dakota, appeared before United States District Judge Roberto A. Lange on September 4, 2012, and pled guilty to Assaulting a Federal Officer.  The maximum penalty upon conviction is 8 years’ custody, a $250,000 fine, or both.

The charge stems from an incident on December 30, 2011, wherein a law enforcement officer responded to a call of a pickup truck in a field.   The officer arrived and instructed Gary to shut off the truck and exit the vehicle.  Gary refused.  The officer reached into the vehicle to shut it off.  Gary pushed the officer’s hand away from the ignition and put the truck into gear and accelerated at a high rate of speed. 

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 November 26, 2012.  The defendant was released on bond pending sentencing.



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