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Justice News

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

Wednesday, December 4, 2013

Kyle Man Pleads Not Guilty To Assaulting A Federal Officer

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

Scotty Old Horse, age 18, was indicted on November 19, 2013.  Old Horse appeared before U.S. Magistrate Judge Veronica L. Duffy on December 2, 2013, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 10 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 charge relates to an incident in Porcupine, South Dakota, when Old Horse resisted a law enforcement officer employed by the Oglala Sioux Tribe Department of Public Safety while engaged in the performance of his official duties.

The charge is merely an accusation and Old Horse 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 Kathryn N. Rich is prosecuting the case.

Old Horse was released on bond pending trial.  A trial date has been set for February 4, 2014.

Updated June 22, 2015