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Press Release

Cherry Creek Man Sentenced for Burglary

For Immediate Release
U.S. Attorney's Office, District of South Dakota

United States Attorney Alison J. Ramsdell announced that a Cherry Creek, South Dakota, man convicted of First Degree Burglary was sentenced on August 22, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.

Timothy Red Elk, age 42, was sentenced to 33 months in federal prison, followed by three years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Red Elk was indicted by a federal grand jury in February of 2022.  He pled guilty on May 19, 2022.

Shortly before 3:00 a.m. on September 11, 2021, Timothy Red Elk went to the home of the victim in Cherry Creek and knocked on her door.  When the victim opened the door, Red Elk asked for her son.  The victim explained that her son was sleeping and began to close the door.  Red Elk started punching the victim in the face inside the home with a closed fist.  Red Elk stopped only when the victim’s daughter pushed him out the door and his sister pulled Red Elk away.  The assault was unprovoked.  The victim sustained several fractures to her facial bones from the assault. 

This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Carl Thunem prosecuted the case.

Red Elk was immediately remanded to the custody of the U.S. Marshals Service.

Updated August 26, 2022

Indian Country Law and Justice