Eagle Butte Man Indicted for Assault with Dangerous Weapon
| U.S. Attorney's Office April 18, 2011 |
United States Attorney Brendan V. Johnson announced that an Eagle Butte man has been indicted by a federal grand jury for assault with a dangerous weapon.
Cody Yellow, age 22, was indicted by a federal grand jury on April 12, 2011, for assault with a dangerous weapon. Yellow appeared before United States Magistrate Judge Mark A. Moreno on April 18, 2011, and pled not guilty to the indictment. The maximum penalty upon conviction is 10 years in custody, a $250,000 fine, or both; three years of supervised release; and a $100 Special Assessment. Restitution may also be ordered. The charges relate to an incident on March 19, 2011, in which Yellow pointed a firearm at another person. The charge is merely an accusation, and Yellow is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant United States Attorney Mikal Hanson is prosecuting the case. Yellow was remanded to the custody of the United States Marshal. A trial date has not yet been set.