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Justice News

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

Tuesday, October 3, 2017

Lower Brule Man Sentenced for Robbery

United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, man convicted of Robbery was sentenced on October 2, 2017, by U.S. District Judge Roberto A. Lange.

Kyle Flute, a/k/a Kyle Pretty Sounding Flute, age 29, was sentenced to 102 months in custody, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.  Restitution has been left open for 45 days.

Flute was indicted by a federal grand jury on March 22, 2016.  He pled guilty on July 7, 2017.

The conviction stems from an incident on Friday March 4, 2016, when the victim was closing up the Trading Post in Lower Brule, shortly after 10:00 p.m.  She was on the phone with her boyfriend when he heard her scream, some scuffling, and the line go dead.  He tried calling her back but was unsuccessful. Her boyfriend called law enforcement, and the Bureau of Indian Affairs and Lyman County Sheriff responded. 

When they arrived at the Trading Post, law enforcement found the victim in her car, covered in blood. They also recovered a wooden board with blood on it.  The victim was transported to the emergency room at the Chamberlain hospital, and on to Sioux Falls due to her injuries.  She suffered a fractured orbital, bleeding on the brain, and staples were required to close the wound to her head.  The victim was interviewed and stated she had closed the store, put the cash and checks into a Wells Fargo money bag, and was locking up the store while on the phone with her boyfriend.  She walked to her car and was unlocking it, when she was struck from behind with a hard object.  She was hit several times and fell to the ground.  She tried to kick and push her assailant(s) away.  She was able to get in the car, and the suspect(s) fled with the money bag.

Officers followed up on many leads, including the defendant, Kyle Flute. Flute admitted to assaulting the victim by hitting her several times with the wooden board about her head and body. He stated he has a terrible meth problem and just wanted the money for drugs. 

“We are seeing an increasing number of drug related crimes, where the assailant commits a violent crime to help feed their drug problem,” said U.S. Attorney Seiler. “We are aggressively prosecuting these cases where violence and drug use go hand in hand.  It will be not be tolerated.”

This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Lower Brule Agency.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

Flute was immediately turned over to the custody of the U.S. Marshals Service.

Indian Country Law and Justice
Updated October 3, 2017