Rosebud Man Indicted for Assault and Failure to Register as a Sex Offender

United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Assault by Strangulation and Suffocation, Domestic Assault by an Habitual Offender, and Failure to Register as a Sex Offender.

Michael Yellow Eyes, age 36, was indicted on the Assault charges on October 16, 2018, and the Failure to Register charges on December 11, 2018.  He appeared before U.S. Magistrate Judge Mark A. Moreno on February 20, 2019, and pled not guilty to both Indictments.

The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

Yellow Eyes was convicted of Abusive Sexual Contact in April 2017.  As a result of this conviction, he is required to register as a sex offender.  It is alleged that between August 1, 2018, and August 29, 2018, Yellow Eyes, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under Federal Law, failed to properly register as a sex offender.

The Indictment charging Yellow Eyes for Assault by Strangulation and Suffocation and Domestic Assault by an Habitual Offender alleges that on September 20, 2018, Yellow Eyes unlawfully committed a domestic assault upon his spouse and intimate partner and that, at the time of the domestic assault, Yellow Eyes had at least two prior convictions for offenses that would have been, if subject to federal jurisdiction, an assault against a spouse or intimate partner. The Indictment further alleges that Yellow Eyes assaulted his spouse and intimate partner by strangulation and suffocation.

The charges are merely accusations and Yellow Eyes is presumed innocent until and unless proven guilty. 

The investigations are being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the U.S. Marshals Service.  Assistant U.S. Attorney Kirk Albertson is prosecuting the cases.   

Yellow Eyes was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has been scheduled for April 16, 2019.