United States Attorney Brendan V. Johnson announced that two men from St. Francis, South Dakota, have been indicted by a federal grand jury for Second Degree Murder, Aiding and Abetting, and a Sioux City, Iowa, woman has been charged with Accessory After the Fact.
BillyRay McCloskey, age 23, Riley McCloskey, age 20, and Crystal Red Hawk, age 36, were indicted on January 7, 2014. They appeared before U.S. Magistrate Judge Mark A. Moreno on January 15, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction for Second Degree Murder, Aiding and Abetting is up to life in custody and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered. The maximum penalty for Accessory After the Fact is 15 years in custody and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Riley and BillyRay McCloskey are charged with two counts of Second Degree Murder, Aiding and Abetting for the death of one victim by strangulation, and the death of a second victim by assaulting him with hands and shod feet, and stabbing him in the chest with a screwdriver. Red Hawk is charged with Accessory After the Fact for assisting BillyRay and Riley in order to hinder and prevent their apprehension, trial, and punishment.
The charges are merely accusations and the defendants are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. U.S. Attorney Brendan V. Johnson and Assistant U.S. Attorney Marie H. Ruettgers are prosecuting the case.
The Defendants were remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for March 11, 2014.