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Press Release

Three Men Charged with Larceny and Misprision of a Felony

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

United States Attorney Randolph J. Seiler announced that two Eagle Butte, South Dakota, men, and a Howes, South Dakota, man have been indicted by a federal grand jury for Larceny and Misprision of a Felony.

Kolby Longbrake, age 24, Kelan Gesinger, age 28, and Matthew Houston, age 21, were indicted on June 14, 2017. They appeared before U.S. Magistrate Judge Mark A. Moreno on June 16, 2017, 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 up to $300 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that between January 15, 2016, and April 3, 2016, Longbrake unlawfully took and carried away items valued at more than $1,000.

The Indictment also alleges that between March 11, 2016, and April 23, 2016, Longbrake, Gesinger, and Houston, stole a 2002 Delta 24’ goose neck trailer, valued at more than $1,000. All three defendants concealed stealing the neck trailer and did not, as soon as possible, make known the same to a judge or other person in civil authority under the United States.

The charges are merely accusations and Longbrake, Gesinger, and Houston are presumed innocent until and unless proven guilty.

The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.

Longbrake and Houston were released on conditions pending trial, and Gesinger was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.

Updated June 23, 2017

Topic
Indian Country Law and Justice