CHANNING ZILER 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 16, 2007, before U.S. District Judge Richard F. Cebull, CHANNING ZILER, a 19-year-old living in the Ashland area, appeared for sentencing. ZILER was sentenced to a term of:

Prison: 24 months
Special Assessment: $100
Supervised Release: 3 years

ZILER was sentenced in connection with his guilty plea to assault resulting in serious bodily injury.

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

On April 28, 2006, ZILER and several other individuals were drinking alcohol at a residence in Rabbit Town, located within the boundaries of the Northern Cheyenne Indian Reservation.

At some point during the evening, ZILER tried to pick a fight with an individual, hereafter referred to as "G.B." "G.B." refused to fight with ZILER, even though ZILER continued to taunt him. When ZILER went outside, "G.B." followed him out because "G.B." believed that ZILER was going to break the windows out of "G.B.'s" vehicle.

G.B." told ZILER multiple times that he did not want to fight with him. "G.B." then sat down on the porch of the house. When "G.B." turned to look at another individual, ZILER struck him. "G.B." regained consciousness in the ambulance.

Witnesses to the fight would have testified that they observed ZILER strike "G.B." without provocation and repeatedly hit and kick him in the head.

Photographs taken of "G.B." at the residence and at Indian Health Services in Lame Deer would have shown the severity of injuries to "G.B.'s" face and head.

On May 1, 2006, an oral and maxillofacial surgeon operated on "G.B." He had suffered multiple blows to his head and both eyes were swollen shut. His cheekbone was shattered into hundreds of egg-shell-type fragments. Hemorrhaging through the right eye socket resulted in enough pressure to force the eye out through the eye socket. The entire floor of the right eye socket was blown out by fractures. Extensive swelling pushed "G.B.'s" nose toward the left side of his face. The inside and outside plates on top of the right eye socket were broken. The injury to the right eye, in particular, was consistent with being stomped or kicked.

The doctor would have testified that in his opinion, ZILER had used a lot of force. In addition, bone fragments could easily have penetrated "G.B.'s" brain, resulting in death, with just one more blow.

Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that ZILER will likely serve all of the time imposed by the court. In the federal system, ZILER 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.

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