McLaughlin Man Sentenced to 2 ½ Years in Federal Prison for Burglary of a Home within the Standing Rock Reservation

ABERDEEN - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Charles B. Kornmann has sentenced a McLaughlin, South Dakota, man convicted of First Degree Burglary. The sentencing took place on May 19, 2025.

Brian Wallace Taken Alive, age 34, was sentenced to two years and sixth months months in federal prison, followed by three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Taken Alive was indicted by a federal grand jury in September 2023. He pleaded guilty on October 21, 2024.

Shortly after nightfall on July 5, 2023, Taken Alive and two co-defendants went to a woman’s home in McLaughlin, South Dakota, to assault a man they believed had inappropriately touched a girl. McLaughlin lies within the Standing Rock Sioux Indian Reservation. As the woman yelled at them to go away, Taken Alive kicked in her front door. Taken Alive and another co-defendant rushed into the house while their accomplice stood on the stoop. Although the man they came to find was passed out, Taken Alive repeatedly kicked him in the face and struck him with a bar while a co-defendant illumined the scene with a cell phone flashlight. The victim incurred a broken nose and shattered orbital and sinus bones in the affray. He still struggles with his vision and headaches today.

This matter was prosecuted by the U.S. Attorney’s Office because the Major Crimes Act, a federal statute, mandates that certain violent crimes alleged to have occurred in Indian country be prosecuted in federal court as opposed to State court.

This case was investigated by the FBI and the Bureau of Indian Affairs – Office of Justice Services. Assistant U.S. Attorney Carl Thunem prosecuted the case.

Taken Alive was immediately remanded to the custody of the U.S. Marshals Service.