FRANCIS BLACK HORSE JR. 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 October 8, 2008, before Senior U.S. District Judge Jack D. Shanstrom, FRANCIS BLACK HORSE JR., a 52-year-old resident of Lame Deer, appeared for sentencing. BLACK HORSE was sentenced to a term of:

• Prison: 63 months

• Special Assessment: $100

• Supervised Release: 3 years

BLACK HORSE 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:

On November 20, 2007, law enforcement received a report from BLACK HORSE that a woman was dying at his house with a "cut throat." Police officers responded to BLACK HORSE'S home, located in Lame Deer, and found a woman lying unconscious in a large pool of blood with several facial lacerations. A knife was on the floor near the woman's head.

When asked by the officers what happened, BLACK HORSE told the officers that he and the woman had a knife fight. The woman, who regained consciousness, told the officers that BLACK HORSE tried to cut her throat. Both were intoxicated. The woman was treated at the Indian Health Services Hospital in Lame Deer and then transferred to the Billings Clinic for further treatment.

The investigation revealed that BLACK HORSE and the victim had been in a relationship since March of 2007 and living together at the time of the assault. They were drinking together during the night of the assault and began to argue. During the argument, which stemmed from BLACK HORSE'S jealousy about a previous boyfriend, BLACK HORSE threatened to make the victim "uglier than hell." He then sliced her face, hand, and stabbed her head. The victim did not have a knife or any type of weapon at the time.

BLACK HORSE was interviewed and admitted that he had been drinking with the victim. He blacked out for some period of time and then woke up when something struck him on the head. He began fighting with the victim and "was getting the best of her." He used the knife to force her to let go of his hair. He admitted that he caused the lacerations to her face. He also admitted that it was unnecessary for him to use the knife because he is a stronger and better fighter. He expressed remorse for stabbing the victim.

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