St. Francis Man Charged With Domestic Assault By A Habitual Offender

United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota, man has been indicted by a federal grand jury for Domestic Assault by a Habitual Offender.

Fabian McCloskey, age 38, was indicted on December 10, 2013.  He appeared before U.S. Magistrate Judge Mark A. Moreno on December 13, 2013, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

McCloskey is accused of assaulting his domestic partner on November 29, 2013, when at the time of the assault, McCloskey had a final conviction on a least three separate prior occasions in Rosebud Sioux Tribal Court proceedings for offenses that would have been, if subject to federal jurisdiction, an assault against a domestic partner.

The charge is merely an accusation and McCloskey is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Marie H. Ruettgers is prosecuting the case.   

McCloskey was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has not been set.