Acting United States Attorney Dennis R. Holmes announced that an Eagle Butte man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Joseph Elsey, age 26, was indicted on November 9, 2021. He appeared before U.S. Magistrate Judge on November 12, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody 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 October 26, 2020, near Eagle Butte, Elsey assaulted a federal officer using shod feet as a dangerous weapon, while the officer was engaged in the performance of her official duties.
The charge is merely an accusation and Elsey is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Carl Thunem is prosecuting the case.
Elsey was released on bond pending trial. A trial date of January 18, 2022, has been set.
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