United States Attorney Randolph J. Seiler announced that a Kyle, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury,
Charles Gay, a/k/a Charles Dean Mercado, age 20, was indicted on March 21, 2017. Gay appeared before U.S. Magistrate Judge Daneta Wollmann on April 7, 2017, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is 10 years’ 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 charges relate to Gay assaulting a juvenile male with a television and a knife at Kyle on October 10, 2015. This assault resulted in serious bodily injury to the juvenile male.
The charges are merely accusations and Gay is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Gay was released on bond pending trial. A trial date has been set for June 13, 2017.