Frankie Dushane Kindness Sentenced in U.S. District Court
|U.S. Attorney’s Office February 20, 2013|
The United States Attorney’s Office announced that during a federal court session in Billings, on February 20, 2013, before Chief U.S. District Judge Richard F. Cebull, Frankie Dushane Kindess, a 39-year-old resident of Crow Agency, appeared for sentencing. Kindess was sentenced to a term of:
- Prison: 27 months
- Special assessment: $100
- Restitution: $2,894.63
- Supervised release: three years
Kindess was sentenced in connection with his guilty plea to depredation of government property.
In an offer of proof filed by Assistant U.S. Attorney E. Vincent Carroll, the government stated it would have proved at trial the following:
During the early morning hours of March 29, 2012, the FBI was contacted by the BIA Police Department (Crow Agency) regarding an officer involved shooting on River Road, north of Crow Agency. The FBI and BIA started an investigation. The investigation showed that a BIA Police officer was looking for a suspect in an unrelated domestic violence case. As the officer was out on patrol at approximately 2:30 a.m., he came across a car parked on River Road near Crow Agency. Kindess was in the driver’s seat and her husband was in the passenger seat. The officer stopped his vehicle in front of Kindess’ vehicle and got out. As the officer approached, Kindess put her vehicle in reverse and nearly ran off the road into a ditch as she backed up. She then put the car in drive and drove straight at the officer. Kindess swerved, missed the front of the BIA police vehicle, but hit the back bumper. The chase was then “on.”
The officer chased Kindess’ vehicle. Another BIA Police officer parked his police vehicle on River Road in an attempt to block, or slow, Kindess. The officer stood adjacent to his vehicle as Kindess approached, and he yelled for Kindess to stop. Kindess did not stop, and he hit the front of the officer’s vehicle.
The incidents were recorded on both BIA Police vehicles’ video cameras. Additionally, paint markings on both police vehicles and on Kindess’ vehicle show that Kindess hit the police vehicles.
Because there is no parole in the federal system, the “truth in sentencing” guidelines mandate that Kindess will likely serve all of the time imposed by the court. In the federal system, Kindess 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.