Mission Man Charged with Assaulting a Federal Officer

United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Assaulting a Federal Officer.

Theophilus Joseph Gary, Jr., age 33, was indicted by a federal grand jury on February 14, 2012. He appeared before United States Magistrate Judge Mark A. Moreno on April 19, 2012, and pled not guilty to the indictment. The maximum penalty upon conviction is 20 years’ custody, a $250,000 fine, or both.

The charge is merely an accusation, and Gary is presumed innocent until and unless proven guilty.
The investigation is being conducted by Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant United States Attorney Marie H. Ruettgers. Gary was released to a third party custodian pending trial. A trial date has not been set.