United States Attorney Randolph J. Seiler announced that three people have been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer, and for Accessory After the Fact.
Those indicted on Oct. 12, 2016, were: Kevin White, age 28, of St. Francis, South Dakota; Frank Swalley, Jr., age 33, of Mission, South Dakota; and Delores Schweigman-Long, age 40, of St. Francis, South Dakota. All three appeared before U.S. Magistrate Judge Mark Moreno on Oct. 19, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction of Assaulting, Resisting, and Impeding a Federal Officer is up to 8 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. The maximum penalty upon conviction of Accessory After the Fact is up to 4 years in custody and/or a $120,000 fine, 1 year of supervised release, and $100 to the Federal Crime Victims Fund. Each Defendant may be ordered to pay restitution.
The Indictment alleges that on Sept. 3, 2016, in St. Francis, White and Swalley did forcibly assault, resist, oppose, impede, intimidate, and interfere with an officer, and did aid and abet each other in the commission of the offense, while the officer was engaged in his official duties. The Indictment also alleges that on Sept. 3, 2016, in St. Francis, Schweigman-Long knew that the offense of Assault of a Federal Officer occurred and she did receive, relieve, comfort and assisted Kevin White, in order to hinder and prevent White’s apprehension, trial, and punishment.
The charges are merely an accusation and White, Swalley, and Schweigman-Long are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Carrie G. Sanderson is prosecuting the case.
White, Swalley, and Schweigman-Long were released pending trial. Trial dates have not been set.
Source: U.S. Department of Justice, Office of the United States Attorneys