United States Attorney Brendan V. Johnson announced that Patrick B. Wind, a/k/a Patrick Azure, age 21, of Fort Thompson, South Dakota, appeared before U.S. District Judge Roberto A. Lange on August 28, 2013, and pled guilty to Count II of the Indictment that charged him with Assaulting, Resisting and Impeding a Federal Officer.
The maximum penalty upon conviction is 8 years of imprisonment, a $250,000 fine, or both; 3 years of supervised release; an additional 2 years of supervised release upon revocation; and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge stems from an incident on June 4, 2013, wherein a Bureau of Indian Affairs (BIA) officer was dispatched to a home in Lower Brule for a report of a passed out male on the front porch of a residence. The officer made contact with the male, later identified as Wind. Wind was unsteady, speech slurred and had a strong odor of alcohol. The officer unsuccessfully attempted to communicate with Wind, and placed him under arrest for public intoxication.
Once handcuffed, Wind became noncompliant and lunged at the officer, kicking and swearing at the officer who attempted to put Wind in the car. The officer called for backup and deployed his pepper spray, which had no effect on Wind, saying he was “ready for more.”
Two additional BIA officers arrived on scene. As one of them was attempting to put leg restraints on Wind, he continued to resist by spitting and kicking at the officers. Wind continued to yell profanities and resist on the ride to the jail and had to be carried into the jail by three officers.
The investigation was conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Wind was remanded to the custody of the U.S. Marshals Service pending sentencing which has been set for November 20, 2013.