Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Great Falls on June 2, 2009, before U.S. Magistrate Judge Keith Strong, KENNETH DEVEREAUX, a 21-year-old resident of Wolf Point, pled guilty to aiding and abetting involuntary manslaughter. Sentencing is set for August 31, 2009. He is currently detained.

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

On February 7, 2008, Aaron Beston and DEVEREAUX assaulted a male individual in Wolf Point. Two days later, the individual died as a result of the assault. Beston and DEVEREAUX had assaulted the individual because he had made advances on a female who was with them when they stopped by her uncle's house.

DEVEREAUX had knocked the individual to the ground with a blind-side hit to the face. Both Beston and DEVEREAUX continued to hit and kick the individual once he was on the ground.

When questioned by law enforcement, DEVEREAUX admitted that he hit the individual but denied further hits or kicks once he was down.

When questioned by law enforcement, Beston admitted that he kicked the individual while he was on the ground.

Two females who were with Beston and DEVEREAUX and watched the assault, would have testified that they saw both Beston and DEVEREAUX hit and kick the individual after he fell to the ground. They stated that the individual did not defend himself. They further stated that they returned later to the assault sight where Beston and DEVEREAUX helped the individual into the trailer. Residents of the trailer called for an ambulance.

The physician who performed the autopsy on the individual would have testified that the cause of death was an acute injury which caused the individual's colon to tear. He also stated that the injury is consistent with the individual being punched or kicked very hard.

Beston pled guilty to federal charges and is awaiting sentencing.

DEVEREAUX faces possible penalties of 8 years in prison, a $250,000 fine and 3 years supervised release.

Assistant U.S. Attorney Paulette L. Stewart prosecuted the case for the United States.

The investigation was a cooperative effort between the Fort Peck Tribes Department of Law & Justice and the Federal Bureau of Investigation.

A copy of the Offer of Proof can be obtained by contacting Sally Frank at (406) 247-4638.

 

 

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