SHANNON LEON YELLOWTAIL SENTENCED IN U.S. DISTRICT COURT

Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Billings, on March 7, 2007, before U.S. District Judge Richard F. Cebull, SHANNON LEON YELLOWTAIL, a 29-year-old resident of Lodge Grass, appeared for sentencing. YELLOWTAIL was sentenced to a term of:

Prison: 30 months

Special Assessment: $100

Supervised Release: 3 years

YELLOWTAIL was sentenced in connection with his guilty plea to assault with a dangerous weapon.

In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:

During the evening of December 4, 2005, Bureau of Indian Affairs police officers were investigating the theft of YELLOWTAIL'S truck which had been stolen earlier in the day in Hardin. YELLOWTAIL'S son had been in the truck when it was stolen. The child was later recovered unharmed.

Law enforcement had received information that the truck was at a residence in Lodge Grass. YELLOWTAIL rode with law enforcement to the residence to identify the vehicle.

Upon arrival at the residence, YELLOWTAIL confirmed that the truck parked outside the residence belonged to him. The officers then spoke with the owner of the home in an effort to locate the individual who was suspected of stealing the truck. This individual was then located and arrested.

As the individual was being led to a patrol vehicle in handcuffs, he exchanged words with YELLOWTAIL. The officer turned and saw YELLOWTAIL holding a handgun. The officer stood between YELLOWTAIL and the individual and ordered YELLOWTAIL to drop the gun. YELLOWTAIL did not heed this command and pointed the gun in the direction of the officer and the individual and pulled the trigger. The officer heard the gun click as the hammer fell on an empty chamber. The officer then attempted to knock the gun out of YELLOWTAIL'S hand. At this point, YELLOWTAIL slipped on the snow and fell to the ground. The officer attempted to put the handcuffed individual inside the patrol vehicle for his protection, however, YELLOWTAIL got up and went to the opposite side of the patrol vehicle where he tried to get into the vehicle. Failing to do so, YELLOWTAIL ran around the vehicle. The officer moved for cover in front of the vehicle while retaining physical control of the handcuffed individual. At this point, YELLOWTAIL fired two rounds. The officer then drew his weapon while YELLOWTAIL continued to fire shots. The officer then heard the handcuffed individual exclaim that he had been shot. He had been shot in the leg. The handcuffed individual fell to the ground, causing the officer to lose his balance and slip on the snow. The officer got up and rushed toward YELLOWTAIL who threw the still-loaded handgun toward the handcuffed individual. YELLOWTAIL was then taken into custody and the gun was seized.

Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that YELLOWTAIL will likely serve all of the time imposed by the court. In the federal system, YELLOWTAIL does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.

Assistant U.S. Attorney Lori Harper Suek prosecuted the case for the United States.

The investigation was conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs.

United States Attorney's Office for the District of Montana
P.O. Box 1478
Billings, MT 59103

CONTACT
Kurt Alme
First Assistant U.S. Attorney
(406) 246-4669