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Justice News

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

FOR IMMEDIATE RELEASE
Friday, October 21, 2016

South Dakota Woman Charged with First Degree Murder, Second Degree Murder, Assault Resulting in Serious Bodily Injury to a Child, and Child Abuse

United States Attorney Randolph J. Seiler announced that a South Dakota, woman has been charged with the federal offenses of First Degree Murder, Second Degree Murder, Assault Resulting in Serious Bodily Injury to a Child, and Child Abuse by an Indictment filed October 18, 2016.

Desarae Makes Him First, age 25, appeared before U.S. Magistrate Judge William D. Gerdes on October 20, 2016, and pled not guilty to the Indictment.

The maximum penalty upon conviction is a mandatory sentence of life imprisonment and/or a $1,000,000 fine, 5 years of supervised release, and $400 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about between October 11th and October 12th, 2016, Makes Him First repeatedly struck her child, causing injuries which led to the child’s death.  It is further alleged that these acts were committed while Makes Him First was committing the act of Felony Child Abuse.

The charges are merely accusations and Makes Him First is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Bureau of Indian Affairs – Standing Rock Agency and the Federal Bureau of Investigation.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case.   

Makes Him First was remanded to the custody of the United States Marshals Service pending trial.  A trial date has not been set.

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Updated October 21, 2016