United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury for Felon in Possession of a Firearm and Ammunition.
Byron Hawk Bear, Sr., age 37, was indicted on March 11, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 2, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about January 16, 2014, Hawk Bear, having previously been convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly and intentionally possessed a firearm and ammunition, which had been previously shipped and transported in interstate and foreign commerce.
The charge is merely an accusation and Hawk Bear is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Mobridge Police Department. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Hawk Bear was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.