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Justice News

Department of Justice
U.S. Attorney’s Office
District of South Dakota

FOR IMMEDIATE RELEASE
Friday, December 30, 2016

Eagle Butte Man and Woman Charged with Incest

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man and woman have been indicted by a federal grand jury for Incest.

Daniel Mexican, age 43, and Santana Mexican, age 25, were indicted on December 14, 2016.  They appeared before U.S. Magistrate Judge Mark A. Moreno on December 16, 2016, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on November 20, 2016, Daniel Mexican and Santana Mexican knowingly engaged in consensual sex with each other, when they are within the degrees of consanguinity which would render a marriage void.

The charge is merely an accusation and Daniel Mexican and Santana Mexican are presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Jay Miller is prosecuting the case.   

Both Defendants were released on bond pending trial, which has been set for February 21, 2017.

Topic(s): 
Indian Country Law and Justice
Component(s): 
Updated December 30, 2016