Two Rosebud Men Charged with Aggravated Sexual Abuse
United States Attorney Randolph J. Seiler announced that two Rosebud, South Dakota, men have been indicted by a federal grand jury for Aggravated Sexual Abuse and Sexual Abuse.
Arvin Brave Bird, age 47, and Michael Yellow Eyes, age 33, were indicted on April 13, 2016. Both men have appeared before U.S. Magistrate Judge Mark A. Moreno and pled not guilty to the Indictment.
The maximum penalty upon conviction is any term of years or life imprisonment and/or a $250,000 fine, a mandatory minimum of at least 5 years up to life of supervised release, $100 to the Federal Crime Victims Fund, and a mandatory $5,000 to the Domestic Trafficking Fund. Restitution may also be ordered.
It is alleged that on December 7, 2015, in Rosebud, Brave Bird and Yellow Eyes engaged in a sexual act with a victim by use of force, that the victim was physically incapable of declining participation, and that the two men did aid and abet each other in the commission of the crime.
The charge is merely an accusation and Brave Bird and Yellow Eyes are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribal Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Brave Bird and Yellow Eyes were remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been scheduled for June 21, 2016.