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Justice News

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

Saturday, May 4, 2019

White River Man Sentenced for Abusive Sexual Contact

United States Attorney Ron Parsons announced that a White River, South Dakota, man convicted of Abusive Sexual Contact was sentenced on April 29, 2019, by U.S. District Judge Roberto A. Lange.

Roy Brushbreaker, III, age 24, was sentenced to 18 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Brushbreaker was indicted by a federal grand jury on May 15, 2018.  He pled guilty on February 6, 2019.

The conviction stemmed from an incident that occurred on January 28, 2017, in the Horse Creek Community near White River.  On that date, Brushbreaker was consuming alcoholic beverages and socializing at a house in Horse Creek.  At one point, Brushbreaker was alone in the house with the 15-year-old victim, who had also been consuming alcoholic beverages.  The victim went into a bedroom to change clothes, and Brushbreaker followed her and began touching her and making sexual advances.  He stopped when he heard someone come into the house.

This case was investigated by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Kirk Albertson prosecuted the case.

Brushbreaker was immediately turned over to the custody of the U.S. Marshals Service.

Indian Country Law and Justice
Updated May 4, 2019