United States Attorney Brendan V. Johnson announced that Nicholas Guttierrez, a/k/a Nicholas Gutierrez, age 19, of Timber Lake, South Dakota, appeared before U.S. District Judge Roberto A. Lange on August 29, 2013, and pled guilty to a Superseding Information that charged him with Misprision of a Felony.
The maximum penalty upon conviction is 3 years in custody and/or a $250,000 fine, 1 year of supervised release, and a $100 assessment to the Federal Crime Victims Fund.
The conviction is the result of a January 6, 2013, late night break-in at the Chatter Box Corner Café and Bar, a downtown business in Timber Lake. Guttierrez had knowledge of the burglary, provided transportation to his co-defendant from the scene of the burglary, and concealed the same from tribal and federal law enforcement officers. He did not, as soon as possible, make known the same to a judge or other person in civil authority.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Division. 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 19, 2013. The defendant was released pending sentencing.