States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man has been indicted by a federal grand jury for First Degree Burglary, Assault with a Dangerous Weapon, Use of a Firearm During a Crime of Violence, and Possession with Intent to Distribute a Controlled Substance.
Rigoberto Ortiz, age 45, was indicted on February 12, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on February 14, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, 5 years of supervised release, and up to $500 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about December 18, 2013, Ortiz unlawfully entered a residence, assaulted two victims with a firearm, and possessed marijuana that he intended to distribute.
The charges are merely accusations and Ortiz is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Ortiz was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.