Rapid City Man Indicted for Failure to Register as a Sex Offender

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Acting United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.

Roy Brushbreaker, III, age 27, was indicted on August 19, 2021.  He appeared before U.S. Magistrate Judge Mark A. Moreno on August 24, 2021, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, five years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

It is alleged that between May 13, 2021, and July 22, 2021, Brushbreaker, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under Federal Law, failed to properly register as a sex offender and update his registration.

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The charge is merely an accusation and Brushbreaker is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the U.S. Marshals Service.  Assistant U.S. Attorney Kirk Albertson is prosecuting the case.   

Brushbreaker was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has not been set.

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