DYLANE THOMAS ELK BOY 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 August 17, 2006, before U.S. District Judge Sam E. Haddon, DYLANE THOMAS ELK BOY, a 22-year-old resident of Poplar, pled guilty to assault resulting in serious bodily injury. Sentencing is set for December 11, 2006. 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 or about July 5, 2005, ELK BOY was watching his two-month-old son at his residence in Poplar, which is located within the boundaries of the Fort Peck Indian Reservation.

ELK BOY became frustrated and angry when the infant started to cry and he could not get him to stop. ELK BOY grabbed the infant under the arms and shook him so hard that the infant's head flopped back and forth. ELK BOY had previously shook the infant in a similar manner on three prior occasions in June of 2005.

After ELK BOY shook his son, the infant stopped crying and appeared to be stunned. ELK BOY became concerned for the infant's health and called the infant's mother, who at the time, was ELK BOY'S girlfriend. ELK BOY and his girlfriend took the infant to the Poplar Hospital.

The doctor who examined the infant in the emergency room observed signs that the infant had experienced a seizure. The infant was crying at the time and his cry was high-pitched and resembled a post-seizure cry. The doctor decided to send the infant to Great Falls for medical treatment because the Poplar Hospital was not equipped to perform CT scans on infants and a CT scan was necessary to determine if the infant had any head injuries.

A doctor in Great Falls reviewed the images of the infant's CT scan and determined that the infant had a chronic subdural hematoma. The chronic nature of the injury indicated that it was present for three to four weeks. The doctor also noted that multiple retinal hemorrhages were observed in both of the infant's eyes.

The doctor would have testified that he concluded that the infant's injuries were consistent with shaken baby syndrome and that such injuries could have been caused if the infant's head had flopped back and forth while being shaken. The injuries caused blood to cover part of the surface of the infant's brain and he could have suffered a seizure as a result. The doctor would have further testified that the infant's subdural hematoma was serious bodily injury.

ELK BOY faces possible penalties of10 years in prison, a $250,000 fine and 3 years supervised release.

Assistant U.S. Attorney Anna S. Peckham prosecuted the case for the United States.

The investigation was conducted by the Federal Bureau of Investigation.