McLaughlin Man Charged With Assault

United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.

Justin Walking Elk, age 31, was indicted on April 15, 2014.  He appeared before U.S. Magistrate Judge William D. Gerdes on May 1, 2014, 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 up to $200 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about October 10, 2013, Walking Elk unlawfully assaulted two victims, with one of the assaults resulting in serious bodily injury.

The charge is merely an accusation and Walking Elk 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.   

Walking Elk was released on bond pending trial.  A trial date has not been set.