MCLAUGHLIN, SOUTH DAKOTA – Acting United States Attorney Dennis R. Holmes announced that a McLaughlin, South Dakota, woman has been indicted by a federal grand jury for two counts of Assault of a Federal Officer.

Theresa Red Fox, age 35, was indicted on February 8, 2021.  She appeared before U.S. Magistrate Judge William D. Gerdes on April 2, 2021, and pled not guilty to the Indictment.

The maximum penalty upon conviction is eight years in federal prison and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on May 27, 2020, in McLaughlin, Red Fox assaulted two Bureau of Indian Affairs police officers while they were performing a lawful arrest. 

The charges are merely accusations and Red Fox is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services.  Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.   

Red Fox was released on conditions pending trial.  A trial date has not been set.