United States Attorney Brendan V. Johnson announced that three Rosebud, South Dakota, men have been indicted by a federal grand jury for unlawfully entering the home of another in Todd County on September 24, 2010. They then stole several firearms and firearm accessories.

Duran Kelly, age 21, Justin Gabriel, age 19, and Jesse Andrews, age 21, were indicted by a federal grand jury on December 13, 2010, for First Degree Burglary, Larceny, Possession of Stolen Firearms, and Aiding and Abetting. They appeared before United States Magistrate Judge Mark A. Moreno on December 22, 2010, for their initial appearances. Kelly was then arraigned and pled not guilty to the indictment. Gabriel appeared on December 23, 2010, and pled not guilty to the indictment. Andrews will be arraigned at a later date to be set. The maximum penalty upon conviction is 25 years' imprisonment, a $250,000 fine, or both; up to 5 years of supervised release; and a $100 special assessment. Restitution may also be ordered. The charges are merely accusations, and Kelly, Gabriel, and Andrews are presumed innocent until and unless proven guilty.

The investigation is being conducted by Rosebud Law Enforcement Services. Assistant United States Attorney Megan N. Dilges is prosecuting the case. Duran Kelly and Jesse Andrews were released on bond pending trial. Justin Gabriel was remanded to the custody of the U.S. Marshal. A trial date has not yet been set.

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