United States Attorney Ron Parsons announced that two Rosebud, South Dakota, men have been indicted by a federal grand jury for Assault With a Dangerous Weapon and Assault Resulting in Serious Bodily Injury. Dallas Burning Breast, age 25, and Ervin Burning Breast, Jr., age 23, were indicted on February 14, 2018. Ervin Burning Breast, Jr., appeared before U.S. Magistrate Judge Mark A. Moreno on June 12, 2018, and pled not guilty to the Indictment.
Dallas Burning Breast made his initial appearance on the Indictment on April 10, 2018. On September 5, 2018, he appeared before U.S. District Judge Roberto A. Lange, and pled guilty to Assault Resulting in Serious Bodily Injury.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about July 2, 2017, Dallas Burning Breast and Ervin Burning Breast, Jr., assaulted an individual with brass knuckles with the intent to do bodily harm, and the assault resulted in serious bodily injury.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
A presentence investigation was ordered for Dallas Burning Breast and a sentencing date was set for November 26, 2018. Dallas Burning Breast was remanded to the custody of the U.S. Marshals Service pending sentencing.
Ervin Burning Breast, Jr., was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for November 13, 2018.