United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man convicted of Assaulting, Resisting and Impeding a Federal Officer, and Domestic Assault by a Habitual Offender was sentenced on June 16, 2014, by U.S. District Judge Charles B. Kornmann.
Daniel Hoisington, age 33, was sentenced to 12 months in custody for assaulting a federal officer, and 37 months in custody for committing an act of habitual domestic violence, with the sentences to run concurrently. Hoisington was also sentenced to 3 years of supervised release and a $125 special assessment to the Federal Crime Victims Fund.
Hoisington was indicted by a federal grand jury on April 12, 2013. He pled guilty on November 18, 2013.
The conviction stems from two separate incidents. The first incident occurred on July 28, 2012, when Hoisington struck the victim repeatedly on her face and legs, grabbed her wrists, and threw her on the ground where he began to strangle her. Eventually Hoisington stopped, picked her up, threw her on a bed, and continued strangling her, which caused the victim to choke and cough. The victim had noticeable bruising to her neck when law enforcement interviewed her.
Hoisington had been previously convicted in tribal court on four separate occasions for offenses that would be, if subject to federal jurisdiction, an assault against a spouse or intimate partner.
The second incident occurred on March 8, 2013, when a Bureau of Indian Affairs (BIA) officer was dispatched to a house in McLaughlin for a violation of a no contact order. The victim notified law enforcement that she had received several threatening phone calls from a specific residence in McLaughlin. The responding BIA officer, along with a Corson County Deputy, found Hoisington at the location relayed to them by the victim. Hoisington was combative toward the officers, tensing and bracing his arms as the officers were attempting to handcuff him, ultimately striking one of the officers in the head with the back of his head as he was being escorted out of the residence. Hoisington also yelled obscenities and threatened to kill the officers.
This case was investigated by the Federal Bureau of Investigation, along with the BIA Standing Rock Law Enforcement Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Hoisington was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.