United States Attorney Brendan V. Johnson announced that Lawrence Gary, age 36, of Rosebud, South Dakota, appeared before U.S. District Magistrate Judge Mark A. Moreno on September 19, 2013, and pled guilty to a Superseding Information that charged him with Assaulting, Resisting, or Impeding Certain Officers.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant U.S. Attorney Marie Ruettgers.
The maximum penalty upon conviction is 1 year in custody, a $100,000 fine, restitution, and a $25 assessment to the Federal Crime Victims Fund.
The charge relates to an incident that occurred on July 25, 2012, when Rosebud Sioux Tribe Law Enforcement Officers responded to a complaint that the Defendant was driving while intoxicated. As a result, Gary was asked to step out of the car and perform sobriety tests. The officers had to pull Gary from the car and place handcuffs on him. Gary was non-compliant, spun away from the officers, and lunged toward one of the officers before being restrained again and placed in a patrol car.
A presentence investigation was ordered, and a sentencing date was set for November 25, 2013. Gary was remanded to the custody of the U.S. Marshals Service pending sentencing.