United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota man has been indicted by a federal grand jury. Philip LaBatte, age 24, was indicted by a federal grand jury on Oct. 16, 2012 for Distribution of a Controlled Substance to a Person Under the Age of 21 and Possession with Intent to Distribute a Controlled Substance.
LaBatte appeared before US Magistrate Judge Mark A. Moreno on Jan. 29, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 10 years of imprisonment, $250,000 fine, or both; 4 years of supervised release and 2 additional years of supervised release upon revocation. Restitution and a $100 special assessment may also be ordered. The charges are merely accusations, and LaBatte is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe and the Drug Enforcement Task Force. Assistant United States Attorney Kathryn N. Rich is prosecuting the case. LaBatte was remanded to the custody of the US Marshal. A trial date has not yet been set.
Source: U.S. Department of Justice, Office of the United States Attorneys