United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man convicted of Abusive Sexual Contact by Use of Force, Abusive Sexual Contact by Fear, and Abusive Sexual Contact, was sentenced on Sept. 1, 2017, by U.S. District Judge Charles B. Kornmann.
Frankie Marshall, age 27, was sentenced to 180 months in custody, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $300.
Marshall was indicted by a federal grand jury on April 12, 2017. He pled guilty on June 6, 2017.
The conviction stems from an incident on March 29, 2017, when Marshall was at the home of a friend, the victim, in Bullhead, South Dakota. The two were playing dice and cards. Marshall left at about 5:30 am to meet up with another person.
Marshall returned a short time later and asked if he could wait for his sister to come get him, which the victim allowed. Marshall began to shut all of the lights off and sat down next to her on the couch. Marshall asked her if she wanted to have a one-night-stand, and the victim declined. Marshall shoved her back on the couch, got on top of her, and attempted to shove his hands down her pants. Marshall grabbed her pants and started to pull them down while the victim was struggling to keep them up. Marshall pulled the victim’s pants and panties off, pulled his sweats down, and proceeded to rape her.
As the assault was happening, one of the victim’s relatives entered the home and turned on a light upon entering. When the light was turned on, Marshall pulled up his pants and fled the residence. The police were immediately summoned and members of the victim’s family attempted to locate Marshall, who fled Bullhead and went to Fort Yates, North Dakota, where he was located and arrested by Bureau of Indian Affairs Law Enforcement.
This case was investigated by the Bureau of Indian Affairs Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Marshall was immediately turned over to the custody of the U.S. Marshals Service.
Source: U.S. Department of Justice, Office of the United States Attorneys
