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Justice News

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

Thursday, August 29, 2013

Timber Lake Man Charged With Domestic Assault By An Habitual Offender

United States Attorney Brendan V. Johnson announced that a Timber Lake, South Dakota, man has been indicted by a federal grand jury.

Francisco Hernandez, Jr., age 41, was indicted by a federal grand jury on May 15, 2013.  He appeared before U.S. Magistrate Judge Mark A. Moreno on August 26, 2013, and pled not guilty to the Indictment.  The charge stems from repeated assaults on the victim who has been in a relationship with Hernandez for approximately 7 years.

The maximum penalty upon conviction is 5 years of imprisonment, a $250,000 fine, or both; 3 years of supervised release; an additional 2 years of supervised release upon revocation; and a mandatory $100 special assessment to the Federal Crime Victims Fund.  Restitution may also be ordered. 

The charges are merely accusations, and Hernandez is 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 Troy R. Morley is prosecuting the case. 

Hernandez was released on bond pending trial.  A trial date has not been set.

Updated June 22, 2015