Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Billings, on March 12, 2009, before Chief U.S. District Judge Richard F. Cebull, TROY GARDNER, a 42-year-old resident of Lame Deer, appeared for sentencing. GARDNER was sentenced to a term of:

• Prison: 12 months and 1 day (time served)

• Special Assessment: $100

• Supervised Release: 1 year

GARDNER was sentenced in connection with his guilty plea to abusive sexual contact.

In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:

On October 1, 2006 officers were dispatched to investigate a break-in at a residence located on the Northern Cheyenne Indian Reservation. Upon entering the residence, officers went to the back bedroom where they observed individuals in the bed. Officers found GARDNER passed out on top of a female. GARDNER was completely naked. The female was nude from the waist down with her bra and shirt pulled up to expose her breasts.

Officers tried several times to wake GARDNER, finally using a dry stun from a taser. GARDNER awoke and began to suck on the victim's breasts. After still not getting off the female, he was tased again, finally getting up and putting on his clothes. GARDNER was uncooperative and placed under arrest for intoxication until a further investigation could be conducted.

The victim was transported to the emergency room. Once medical personnel were done examining her, she was questioned by an officer. Her recollection of the evening was that she was drinking with her sister and her boyfriend, two other women, and GARDNER. She passed out at the kitchen table and could not remember anything until she woke up at the emergency room.

Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that GARDNER will likely serve all of the time imposed by the court. In the federal system, GARDNER does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.

Assistant U.S. Attorney Lori Harper Suek prosecuted the case for the United States.

The investigation was a cooperative effort between the Federal Bureau of Investigation and the Bureau of Indian Affairs.

 

 

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