United States Attorney Brendan V. Johnson announced that Nicholas Ray White Eagle, age 26, and Fawn Lynn Scott, age 20, of La Plant, South Dakota, appeared before U.S. District Judge Roberto A. Lange on August 14, 2013, and pled guilty to the Indictment that charged them with Incest.
The maximum penalty upon conviction is 5 years in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 assessment to the Federal Crime Victims Fund.
On or about April 10, 2011, first cousins White Eagle and Scott had consensual sexual intercourse that produced a child with a genetic disability. At the time of the sexual intercourse, White Eagle and Scott were not legally married and were within the degrees of consanguinity with each other, within which a marriage was void.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant U.S. Attorney Mikal Hanson.
A presentence investigation was ordered, and a sentencing date was set for November 18, 2013.
White Eagle and Scott were released to third party custodians pending sentencing.