United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on July 17, 2017, by U.S. District Judge Roberto A. Lange.
Kirk Johnson, age 48, was sentenced to 90 months in custody, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Johnson was indicted by a federal grand jury on February 15, 2017. He pled guilty on April 25, 2017.
The conviction stems from an incident on January 9, 2017, when the victim was leaving his home in Dupree, South Dakota, to go to work. When he exited his house, he saw a gray car parked out front. Kirk Johnson and another individual were arguing. Johnson approached the victim and accused him of sleeping with his wife. The victim told Johnson that was not true. Johnson threatened to kill the victim, his fiancée, and his children. Johnson pointed the gun at the victim’s face, pointed it downward and shot at the ground 6 or 8 times around the victim’s feet, pistol-whipped the victim behind his left ear and then left on foot.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Johnson was immediately turned over to the custody of the U.S. Marshals Service.