Rosebud Man Pleads Guilty to Abusive Sexual Contact

U.S. Attorney Brendan V. Johnson announced that Gary Gunhammer, age 52, of Rosebud, appeared before U.S. District Judge Roberto A. Lange on June 20, 2011, and pled guilty to an Information that charged him with Abusive Sexual Contact. The maximum penalty upon conviction is three years' imprisonment.

The charge stems from an incident on August 18, 2010, wherein the defendant and the victim were drinking at a residence in Rosebud, South Dakota. After the victim was asleep, Gunhammer intentionally touched the victim directly and not through the clothing, with an intent to arouse and gratify his sexual desire. The Information states that Gunhammer did engage in and attempt to engage in sexual contact when the victim was incapable of appraising the nature of the conduct and was physically incapable of declining participation in and communicating unwillingness to engage in the sexual contact.

The investigation was conducted by Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant U.S. Attorney Meghan N. Dilges.

A presentence investigation was ordered, and a sentencing date was set for September 6, 2011. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.