(DISTRICT OF SOUTH DAKOTA) — United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota man charged with sexual abuse of a person incapable of consenting was sentenced on November 13, 2012, by United States District Judge Roberto A. Lange. Cody Dean High Elk, age 29, was sentenced to 72 months in custody, three years of supervised release, and a $100 special assessment to the Victim Assistance Fund.
High Elk was indicted by a federal grand jury on November 8, 2011, and pled guilty to the charge on August 14, 2012.
The conviction arose from a September 2002 incident in Dupree, South Dakota, when High Elk sexually assaulted the victim at a time when the victim was incapable of appraising the nature of the sexual conduct and incapable of communicating the victim’s unwillingness to engage in the sexual act.
The Federal Bureau of Investigation and Cheyenne River Sioux Tribal Law Enforcement Services conducted the investigation. The case was prosecuted by Assistant United States Attorney Mikal Hanson.
High Elk was remanded to the custody of the United States Marshals Service.
In a second trial, United States Johnson announced that Anthony Fast Horse, age 58, of Rosebud, was convicted of one count of sexual abuse and found not guilty of one count of aggravated sexual abuse and two counts of sexual abuse as a result of a federal jury trial in Pierre, South Dakota. The charge carries a maximum penalty of life imprisonment, a $250,000 fine, or both.
Fast Horse was indicted by a federal grand jury for the charge on March 13, 2012. The conviction stems from an incident that took place on or about between December 1, 2010 and December 31, 2010, in which Fast Horse sexually abused the victim.
This case was investigated by the Federal Bureau of Investigation and Rosebud Sioux Tribe Law Enforcement Services and was prosecuted by Assistant United States Attorneys Marie H. Ruettgers and Troy Morley. A presentence investigation was ordered and a sentencing date was set for February 4, 2013.
The defendant was remanded to the custody of the United States Marshals Service.