Georgia Man Sentenced to 11 Days in Custody for Assault by Striking, Beating, and Wounding

United States Attorney Brendan V. Johnson announced that a Decatur, Georgia, man charged with Assault by Striking, Beating, and Wounding was sentenced on May 2, 2011, by United States Magistrate Judge Mark A. Moreno. Elijah Demarcus Leavell, age 21, was sentenced to 11 days in custody and a $10 special assessment to the Victim Assistance Fund. Leavell was also ordered to not return to Rosebud for a period of three years.

Leavell was charged by an Information on April 22, 2011. On April 18, 2011, a 17-year-old male (victim) was in the bedroom of his home; he was upset and wanted to be left alone. He had a crow bar in his hands. Leavell, a non-Indian, came into the bedroom to retrieve his sweater, when the victim told him to leave and pointed at the door with the crowbar. Leavell rushed the victim and grabbed the crowbar away from him. Leavell thereafter repeatedly struck the victim in the head with his hands. Victim’s mouth and nose bled as a result of the assault, and one of his teeth was chipped. Leavell pled guilty to the charge on May 2, 2011.

This case was investigated by Rosebud Sioux Tribe Law Enforcement Services. Special Assistant United States Attorney Matthew L. Rappold, Rosebud’s Chief Tribal Prosecutor, and Assistant United States Attorney Tim Maher prosecuted the case.