United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man, charged with Assault by Striking, Beating, and Wounding, pled guilty to and was sentenced on December 8, 2015, by U.S. Magistrate Judge Mark A. Moreno.
Arvin Red Bear, Sr., age 53, was sentenced to 12 months in custody, followed by 1 year of supervised release, and a special assessment of $25 to the Federal Crime Victims Fund. He was ordered to pay $78.02 in restitution.
The conviction stems from an incident that took place on June 29, 2014, when Red Bear, the victim, and another individual were all drinking together at Red Bear’s home in Thunder Butte, South Dakota. After a while, a verbal argument began between Red Bear and the victim. As the victim approached Red Bear’s residence, Red Bear came out from his house carrying a hatchet in one hand and a long hunting knife in the other. Upon seeing the weapons, the victim and the other individual turned around and began to walk away. As they were leaving, Red Bear rushed towards the victim, swinging the hatchet and striking him on the back of his right arm, just above the elbow. The victim turned around and began to wrestle with Red Bear, managing to pry the hatchet from Red Bear’s grasp and tossing it away. While they were wrestling, Red Bear also stabbed the victim in the face with the knife.
The victim left the scene and was transported to the Eagle Butte Indian Health Services emergency room. He ultimately received 8 sutures to his cheek, had two superficial wounds cleaned and bound, and was referred to Rapid City for the wound above his right elbow to check for possible nerve damage.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Agency. The case was prosecuted by Assistant U.S. Attorney Meghan N. Dilges.
Red Bear was remanded to the custody of the U.S. Marshals Service.
Source: U.S. Department of Justice, Office of the United States Attorneys
