United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Possession of Unregistered Firearm, Prohibited Person in Possession of Firearm, Assault with a Dangerous Weapon and Using and Carrying a Firearm During and in Relation to a Crime of Violence.
Clyde Aquallo, age 39, was indicted on April 22, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 5, 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 $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about February 27, 2014, Aquallo, being an unlawful user of a controlled substance, knowingly received and possessed several firearms, one of which was a short barreled shotgun that was not registered to Aquallo. On or about March 3, 2014, Aquallo unlawfully assaulted the victim with a rifle, and did carry and use the firearm during a crime of violence.
The charges are merely accusations and Aquallo is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Tim Maher is prosecuting the case.
Aquallo was released to a third party custodian pending trial. A trial date has been set for July 1, 2014.