United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury for Failure to Appear.
Brett Charles Roach, age 27, was indicted on Jan. 14, 2015. He appeared before U.S. Magistrate Judge William D. Gerdes on Jan. 16, 2015, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 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 Roach was released from custody on a previously indicted charge, upon certain conditions imposed by the Court, including the condition that Roach attend all matters scheduled by the Court. On Sept. 29, 2014, Roach was set to appear before the Honorable Charles B. Kornmann, U.S. District Judge, at Aberdeen, South Dakota, for jury selection. Roach is alleged to have knowingly failed to appear at this hearing, as required.
The charge is merely an accusation and Roach is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Roach 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
