Dustin Jay After Buffalo Sentenced in U.S. District Court
|U.S. Attorney’s Office November 18, 2013|
The United States Attorney’s Office announced that during a federal court session in Missoula, on November 14, 2013, before Chief U.S. District Judge Dana L. Christensen, Dustin Jay After Buffalo, an enrolled member of the Blackfeet Tribe, was sentenced to a term of:
- Prison: 12 months and 1 day
- Special assessment: $100
- Supervised release: three years
After Buffalo was sentenced in connection with his guilty plea to burglary.
In an offer of proof filed by Assistant U.S. Attorney Ryan G. Weldon, the government stated it would have proved at trial the following:
On February 4, 2012, “Jane Doe” was in Great Falls because her father was in the hospital. Three individuals walked by her residence in Browning, which was located within the exterior boundaries of the Blackfeet Indian Reservation.
On February 4, 2012, a neighbor was out on his porch and observed three male individuals walking by his neighbor's residence. While he saw the three individuals walking by the residence, he did not see them pass by. He then heard three kicks, and he knew that someone was breaking into “Jane Doe’s” residence. He told his wife to call their son, who is an officer with the Blackfeet Law Enforcement Services.
His wife called their son, and then she grabbed her camera. When their son, the officer, pulled up, the officer and the neighbor went into Jane Doe’s residence. The neighbor’s wife then took pictures of all three individuals running out of the house. The burglary occurred in broad daylight.
The individuals who broke into the house then climbed the fence, and one escaped. After Buffalo and Michael Bad Old Man were caught. Bad Old Man had items in his pockets. While waiting for law enforcement to arrive, Bad Old Man stated that he was going to kill the neighbor and the officer when he gets out of jail.
After backup arrived, the officer took pictures of Jane Doe’s front door to the residence. The door was damaged. The officer stated that he was able to identify all three defendants by name when he saw them in the residence. In particular, the one who had escaped because he is aware of and knows the individual.
When questioned, After Buffalo stated that he did not remember the incident because he was high on methamphetamine. After Buffalo, however, acknowledged that he “come to” while he was in the house. He stated that after entering the house, the other two individuals started throwing things in their pockets and ordering After Buffalo to do the same. After Buffalo stated that Bad Old Man kicked the door in and he claimed that the other two were going to beat him up if he did not go in there with them. After Buffalo stated that when the cops showed up he ran outside the back door, jumped a fence, and that the officer “beat him up with a bat.” After Buffalo then identified all three individuals in the photos the neighbor’s wife had taken. After Buffalo claimed that he never took anything from the house but stated that he did eat a sandwich in the house.
Bad Old Man pled guilty to federal charges.
Because there is no parole in the federal system, the “truth in sentencing” guidelines mandate that he will likely serve all the time imposed by the court. In the federal system, he does have the opportunity to earn a sentence reduction for “good behavior.” However, this reduction will not exceed 15 percent of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation.