United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man and a Wakpala, South Dakota, man were convicted of Sexual Contact with a Person Incapable of Consenting and were sentenced on May 19, 2014, by U.S. District Judge Charles B. Kornmann.
Joseph Mark Eagle of McLaughin, age 28, was sentenced to 12 months and a day of custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Justin Howard of Wakpala, age 31, was sentenced to 18 months of custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Eagle and Howard were indicted by a federal grand jury on August 22, 2012. They both pled guilty to a Superseding Information on December 23, 2013. The convictions stem from an assault which occurred on August 2, 2008, when both Eagle and Howard sexually assaulted an adult female who was incapable of appraising the nature of the sexual contact and was physically incapable of declining participation in the sexual contact.
This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Standing Rock Law Enforcement Agency. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Howard and Eagle were immediately turned over to the custody of the U.S. Marshals Service to begin serving their sentences.