Lower Brule Man Charged with Sexual Abuse

United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse of a Person Incapable of Consent.

Bates Hood, Jr., age 40, was indicted on September 12, 2017.  He appeared before U.S. Magistrate Judge Mark A. Moreno on October 2, 2017, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, up to life of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered, as well as an additional special assessment of $5,000.

The Indictment alleges that on January 31, 2016, Hood knowingly engaged in, and attempted to engage in a sexual act with a female victim, when at the time the victim was incapable of declining participation in and communicating her unwillingness to engage in the sexual act.

The charge is merely an accusation and Hood is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Federal Bureau of Investigation.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case.   

Hood was released on bond pending trial, which has been set for November 28, 2017.