The United States Attorney's Office announced that during a federal court session in Great Falls, on November 29, 2010, before U.S. District Judge Sam E. Haddon, MICHAEL JAMES BEAR CUB, a 22-year-old resident of Poplar, appeared for sentencing. BEAR CUB was sentenced to a term of:

• Prison: 33 months

• Special Assessment: $100

• Supervised Release: 3 years

BEAR CUB was sentenced in connection with his guilty plea to assault resulting in serious bodily injury.

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

On the morning of September 20, 2009, BEAR CUB, became angry with his girlfriend, "R.M.", and confronted her in the parking lot of an apartment building in Poplar on the Fort Peck Indian Reservation. BEAR CUB threw "R.M." on the ground and got on top of her. BEAR CUB was pulled off "R.M." and she began walking down an alley commonly referred to as Devil's Alley.

Another individual was walking down Devil's Alley when he saw a male running down the alley ahead of him. He subsequently saw this person on the north side of the alley kicking at something on the ground. The witness heard a female voice screaming for the male to stop. Though the witness could not see the victim because she was lying in weeds, he saw the male kick her between ten and fifteen times.

Another individual also saw a male stomping or kicking something about ten times on the north side of the alley. The witness went to this location and observed the male who had been doing the kicking sitting with a female at the front of a burned-out house just north of the area where the assault occurred. The individual stated that the female's face was "all bloody."

A Fort Peck Tribal Police officer was dispatched to the scene where he found BEAR CUB sitting behind "R.M." with his arm around her neck on a table in front of a burned-out house. "R.M.'s" face was swollen and smeared with blood.

When questioned, "R.M." stated that she remembers BEAR CUB repeatedly kicking her in the head and that she asked him to stop.

The physician who treated "R.M." following the assault stated that the injuries sustained by the victim consisted of a fractured right orbital wall, a right orbital floor fracture, and fractures of both nasal bones. The physician also stated that the injuries sustained by the victim were serious bodily injuries which resulted in a substantial risk of death and extreme physical pain.

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

The investigation was a cooperative effort between the Federal Bureau of Investigation and the Fort Peck Tribes Criminal Investigation Unit.

 

 

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