ABERDEEN – United States Attorney Alison J. Ramsdell announced that Martin Black Cloud, age 19, of McLaughlin, South Dakota, was found guilty of Simple Assault as a result of a two-day federal jury trial in Aberdeen, South Dakota.
The charge carries a maximum penalty of six months in federal prison and/or a $5,000 fine, one year of supervised release, and a $25 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
Black Cloud was indicted by a federal grand jury in September of 2022. The evidence at trial showed that on June 22, 2022, in McIntosh, South Dakota, Black Cloud was drinking alcohol with his stepfather. Black Cloud quarreled with his stepfather and assaulted him, resulting in his stepfather’s hospitalization. Black Cloud then apologized to his stepfather, injured himself with a knife and fled.
This matter is being prosecuted by the U.S. Attorney’s Office because the Major Crimes Act, a federal statute, mandates that certain violent crimes alleged to have occurred in Indian Country be prosecuted in Federal court as opposed to State court.
This case was investigated by the Bureau of Indian Affairs – Office of Justice Services, Standing Rock Agency. Assistant U.S. Attorneys Carl Thunem and Cameron Cook prosecuted the case.
A presentence investigation report was ordered and a sentencing date has not been set. Black Cloud remains in the custody of the U.S. Marshals Service pending sentencing.