United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, man has been indicted by a federal grand jury for Assault with Intent to Commit Murder, Assault with a Dangerous Weapon, and Assault Resulting in Substantial Bodily Injury to an Intimate Partner.
Austin Paul Abernathy, age 26, was indicted on Sept. 12, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on Sept. 18, 2017, 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 up to $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on Aug. 27, 2017, Abernathy unlawfully assaulted his intimate partner with a knife, with the intent to commit murder. Said assault resulted in substantial bodily injury to the victim.
The charges are merely accusations and Abernathy is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Abernathy was released on bond pending trial. A trial date has not been set.
Source: U.S. Department of Justice, Office of the United States Attorneys
