Little Eagle Man Charged With Domestic Assault By A Habitual Offender

United States Attorney Brendan V. Johnson announced that a Little Eagle, South Dakota, man has been indicted by a federal grand jury for Domestic Assault by a Habitual Offender.

Theron Makes Him First, age 28, was indicted on December 10, 2013.  He appeared before U.S. Magistrate Judge William D. Gerdes on December 13, 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 $400 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that Makes Him First unlawfully committed domestic assaults, one resulting in substantial bodily injury.  At the time of the assaults, Makes Him First had a final conviction on at least two separate prior occasions for assaults that would have been, if subject to federal jurisdiction, an assault against a spouse or intimate partner.

The charge is merely an accusation and Makes Him First is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case.   

Makes Him First was remanded to the custody of the U.S. Marshals Service.  A trial date has not been set.