The United States Attorney's Office announced that during a federal court session in Billings, on June 22, 2012, before Chief U.S. District Judge Richard F. Cebull, RICHARD WALKER CUMMINS, V, a 28-year-old resident of Lame Deer and an enrolled member of the Crow Tribe of Indians, appeared for sentencing. CUMMINS was sentenced to a term of:

Prison: 14 months

Special Assessment: $100

Supervised Release: 5 years

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

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

On May 23, 2011, the victim reported that on the afternoon of May 5, 2011, she was raped by CUMMINS at a house party in Lame Deer, which is withing the exterior boundaries of the Crow Indian Reservation. The victim reported drinking with CUMMINS and several others at the residence. The victim was very intoxicated and passed out. The victim stated that when she awoke, CUMMINS was sexually assaulting her. The victim directed CUMMINS to stop and CUMMINS then struck the victim in the face.

A witness at the house stated that when the incident took place the victim and CUMMINS were on the couch sharing a beer. The witness went into a back bedroom. He was there for approximately 20 to 30 minutes when he heard the victim say, "stop hitting me." The witness stepped out of the bedroom and into the living room and saw the victim on the floor, fully clothed, and CUMMINS standing by the television with his shirt off. The witness asked CUMMINS to leave.

On June 1, 2011, CUMMINS was interviewed and denied assaulting the victim, physically or sexually. He also admitted that he was intoxicated on the day of the incident.

On June 15, 2011, CUMMINS was to participate in a polygraph examination. Before the administration of the polygraph, CUMMINS admitted to engaging in sexual contact with the victim while she was sleeping/passed out on the couch.

Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that CUMMINS will likely serve all of the time imposed by the court. In the federal system, CUMMINS 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 Bureau of Indian Affairs.

 

 

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