United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Kirk Flying Horse, age 41, was indicted on Aug. 19, 2014. He appeared before U.S. Magistrate Judge William D. Gerdes on Aug. 21, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody 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 25, 2014, Flying Horse forcibly assaulted a federal law enforcement officer with a dangerous weapon while the officer was engaged in the performance of his official duties.
The charge is merely an accusation and Flying Horse is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Flying Horse was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Source: U.S. Department of Justice, Office of the United States Attorneys
