FOR IMMEDIATE RELEASE
Friday, July 11, 2008
JARID DEWAYNE FAST HORSE PLEADS GUILTY IN U.S. FEDERAL COURT
Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Great Falls on July 10, 2008, before U.S. District Judge Sam E. Haddon, JARID DEWAYNE FAST HORSE, a 23-year-old resident of Brockton, pled guilty to assault resulting in serious bodily injury. Sentencing is set for October 6, 2008. He is currently detained.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
On August 6, 2007, at approximately 4:30 p.m., a Roosevelt County Sheriff's deputy was dispatched to an assault call in Brockton. When the deputy arrived, he saw a male, hereafter referred to as "H.R.T.", lying face down on the back porch of the home."H.R.T." was bleeding profusely from the head and face. D.B., FAST HORSE'S mother, was sitting next to "H.R.T." She was crying and said that her son, FAST HORSE, assaulted "H.R.T."
A tribal officer arrived on the scene. The tribal officer and the deputy went into the home and arrested FAST HORSE. He was handcuffed, read his tribal rights, and placed into a squad car.
The deputy also observed S.C., FAST HORSE'S brother, at the scene. S.C. had blood on his shirt. The deputy asked S.C. about the blood. S.C. said that he was trying to stop FAST HORSE as he was beating up "H.R.T." S.C. videotaped part of the beating as well as after the beating by FAST HORSE. Both D.B. and S.C. asked during the video if "H.R.T." was dead.
A criminal investigator was called out to the assault scene. When the investigator arrived, FAST HORSE was in the backseat of the police car. "H.R.T." was laying on the porch of the house. "H.R.T.'s" face was extremely swollen and he was bleeding profusely. "H.R.T." was conscious, but his speech was slurred and somewhat difficult to understand. He identified FAST HORSE as the person who caused his injuries. "H.R.T." was transported by ambulance to the Poplar Hospital.
The investigator photographed FAST HORSE during the booking process. FAST HORSE spontaneously began to talk about the assault. The investigator told him not to say anything and informed FAST HORSE that he was only going to take photographs. FAST HORSE blurted out that he would cooperate, that he assaulted "H.R.T." (his uncle), but that he didn't understand why he was being charged with "aggravated" assault when he only beat him up. The investigator told FAST HORSE that he would come by the next day to interview him.
On August 7, 2007, the criminal investigator and a special agent with the FBI met with FAST HORSE at the Poplar Jail. FAST HORSE said that he was drinking alcohol the day prior before he arrived home. His mother picked him up at the cemetery and took him home around 4 p.m. There were several people at the house including FAST HORSE'S brother and sister.
A short time later, "H.R.T." came to the house. FAST HORSE was sitting on the back porch with "H.R.T." FAST HORSE punched "H.R.T." who was sitting in a chair on the porch. "H.R.T." got up and he and FAST HORSE began punching one another.
FAST HORSE said that "H.R.T." fell down, and FAST HORSE punched him three times and kicked him in the head as he lay on the ground. FAST HORSE said that "H.R.T." was not talking while he lay on the ground. His brother pulled FAST HORSE off "H.R.T." and said that "he'd had enough." "H.R.T." was unconscious on the ground.
H.R.T." was examined by a doctor at the Poplar Hospital on August 6, 2007. "H.R.T." suffered a nasal fracture, soft tissue damage to his left eye, and a hemorrhagic contusion on his brain caused by blunt trauma. The doctor would have testified that the brain contusion was consistent with being hit with a fist, being kicked, or being struck with a bat. The doctor would also have testified that the injuries to the brain were life threatening and constituted serious bodily injury.
FAST HORSE faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
Assistant U.S. Attorney Paulette L. Stewart prosecuted the case for the United States.
The investigation was a cooperative effort between the Fort Peck Tribes Criminal Investigation Division, the Russell County Sheriff's Office and the Federal Bureau of Investigation.
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A copy of the Offer of Proof can be obtained by contacting Sally Frank at (406) 247-4638.
