Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Great Falls on October 14, 2009, before U.S. District Judge Sam E. Haddon, BRIAN JAMES DAY RIDER, a 20-year-old resident of Heart Butte, pled guilty to assault resulting in serious bodily injury. Sentencing is set for January 7, 2010. He is currently detained.

In an Offer of Proof filed by Assistant U.S. Attorney Vince Carroll, the government stated it would have proved at trial the following:

On May 2, 2008, DAY RIDER and the victim were drinking at another individual's residence in Heart Butte. At some point during the evening, DAY RIDER and the victim got into an argument. DAY RIDER pushed the victim to the ground and repeatedly kicked him in the head.

The victim was taken by ambulance to the Indian Health Services (IHS) Hospital in Browning and was treated for his injuries, which included several fractured bones in his face. The IHS treating physician stated that the victim's injuries constituted "serious bodily injury" under federal law because of "substantial risk of death." The victim was flown to Kalispell for treatment because of the extent of his injuries, and was placed on a ventilator because of his injures.

When interviewed, DAY RIDER admitted to repeatedly kicking the victim in the head.

DAY RIDER faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.

The investigation was conducted by the Federal Bureau of Investigation in Browning.

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

 

 

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