Mission Man Sentenced for Assaulting a Federal Officer

United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man charged with Assaulting a Federal Officer was sentenced on November 26, 2012, by United States District Judge Roberto A. Lange. Theophilus Gary, age 33, was sentenced to 15 months in custody, 1 year of supervised release, and a $100 special assessment to the Victim Assistance Fund.

The charge stems from an incident on December 30, 2011, when a law enforcement officer responded to a call of a pickup truck in a field. The officer arrived and instructed Gary, who was intoxicated at the time, to shut off the truck and exit the vehicle. Gary refused. The officer reached into the vehicle to shut it off. Gary pushed the officer’s hand away from the ignition and put the truck into gear and accelerated at a high rate of speed, leading the officer on a chase with speeds up to 60mph on gravel roads in rural Todd County. Gary drove his vehicle at the officer during the chase, twice coming within a few feet of striking the patrol vehicle.

The investigation was conducted by Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant United States Attorney Marie H. Ruettgers.