Lower Brule Man Charged with Assault and Firearm Offenses
United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer, Assault with a Dangerous Weapon, and Brandishing of a Firearm During a Crime of Violence.
Philip Anthony Battese, age 36, was indicted on January 19, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 6, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $750,000 fine, up to life of supervised release, and $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on December 21, 2016, Battese forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with a Lieutenant from the Bureau of Indian Affairs, while that Lieutenant was engaged in the performance of his official duties. During the assault, Battese knowingly brandished a firearm at the officer during and in relation to this crime of violence.
The charges are merely accusations and Battese is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Battese was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.