Lower Brule Man Charged With Assault

United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for Assault by Strangulation and Suffocation, Assault with a Dangerous Weapon, and Assault Resulting in Substantial Bodily Injury to an Intimate Partner.

Vincent Abraham Battese, age 27, was indicted on September 9, 2014.  He appeared before U.S. Magistrate Judge Mark A. Moreno on September 16, 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 up to $300 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about September 1, 2014, Battese unlawfully assaulted a female victim by strangling and suffocating her.  He also assaulted her with shod feet, which resulted in substantial bodily injury.

The charge is merely an accusation and Battese is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Bureau of Indian Affairs, Crow Creek Agency.  Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.   

Battese was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has not been set.