Eagle Butte Man Pleads Guilty to Assault

United States Attorney Brendan V. Johnson announced that Percival Mexican, age 39, of Eagle Butte, appeared before United States District Judge Roberto A. Lange on May 25, 2011, and pled guilty to an indictment that charged him with Assault Resulting in Serious Bodily Injury. The maximum penalty upon conviction is 10 years in custody, a $250,000 fine, or both; three years of supervised release; and a $100 special assessment.

The guilty plea resulted from an incident that occurred in February 2011. Mexican was placed in the intoxicated male holding cell at the Walter Miner Law Enforcement Center in Eagle Butte. He was intoxicated and went to sleep. At approximately 1:59 a.m. on February 26, 2011, Mexican was awakened by another detox inmate, who was arguing with another inmate in the holding cell. Mexican got angry at the victim and assaulted the victim by hitting him in the face with his fist. As a result of this unlawful assault, the victim’s jaw and mandible bone were fractured and had to be surgically repaired at Rapid City Regional Hospital.

The investigation was conducted by the Cheyenne River Sioux Tribe Detective Division. The case is being prosecuted by Assistant United States Attorney Mikal Hanson.

A presentence investigation was ordered, and a sentencing date was set for August 16, 2011. The defendant was remanded to the custody of the United States Marshal pending sentencing.