United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury.
Lemar Chasing Hawk, age 53, was indicted on August 21, 2013, for Kidnapping, Assault with Intent to Commit Any Felony, and Domestic Assault By An Habitual Offender. He appeared before U.S. Magistrate Judge William D. Gerdes on August 29, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction of the kidnapping charge is any term of years up to life imprisonment and 5 years of supervised release. The assault charge carries a maximum penalty of 10 years of imprisonment, and the habitual offender charge carries a maximum of 5 years' imprisonment. All counts (unless stated otherwise) include a possible $250,000 fine, 3 years of supervised release, an additional 2 years of supervised release upon revocation, and a mandatory $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges stem from alleged repeated assaults of an individual, who at the time of the assaults was the spouse or intimate partner of Chasing Hawk. One incident also alleges the victim was dragged, against her will, to another location to be assaulted.
The charges are merely accusations, and Chasing Hawk is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Chasing Hawk was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.