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Press Release

Porcupine Woman Sentenced for False Statement

For Immediate Release
U.S. Attorney's Office, District of South Dakota

United States Attorney Randolph J. Seiler announced that a Porcupine, South Dakota, woman convicted of False Statement was sentenced on October 28, 2015, by U.S. District Chief Judge Jeffrey L. Viken.

Danishia Marshall, age 20, was sentenced to 10 months in custody, followed by 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Marshall was indicted by a federal grand jury on December 16, 2014.  She pled guilty on June 11, 2015.

The conviction stemmed from an incident on September 27, 2013, when a call came into the Pine Ridge Police Department indicating that Marshall was intoxicated and would not allow relatives to care for her infant baby.  An officer responded and upon investigation, Marshall was placed under arrest on a tribal charge.

The officer arrived at the Kyle jail with Marshall, and during the booking process, she appeared to have an asthma attack. The officer then transported Marshall to the Indian Health Services hospital in Pine Ridge, and while enroute, Marshall slumped over in the back seat. The officer was concerned for her health, and radioed for an ambulance.  The ambulance took custody of Marshall, and the officer followed the ambulance to the hospital.

While in the ambulance, Marshall made an allegation of sexual assault against the officer. She reported it to tribal police and had a sexual assault examination at the hospital.

On October 3, 2013, Marshall was interviewed by a Federal Bureau of Investigation (FBI) agent. During the interview, Marshall falsely told the agent she was raped and sodomized by the officer. When Marshall made these statements to the ambulance crew, medical staff, tribal police, and the FBI, Marshall knew the statements were false.  She knew that the officer had not sexually assaulted her, and that she had falsely accused an innocent man of a crime.

This case was investigated by the FBI.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

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

Updated October 29, 2015