United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Assaulting, Resisting, Opposing, and Impeding a Federal Officer was sentenced on August 1, 2017, by U.S. District Judge Roberto A. Lange.
Thomas James Shan Looking Horse, a/k/ T.J. Shan Looking Horse, age 28, was sentenced to 24 months in custody, 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Looking Horse was indicted by a federal grand jury on January 19, 2017. He pled guilty on May 16, 2017.
The conviction stems from an incident on December 19, 2016, when Looking Horse was taken to the Indian Health Services Hospital in Eagle Butte by his parents. He had been acting erratically and his mother was concerned that he may be under the influence of something.
When they got Looking Horse to the hospital, he became aggressive and uncooperative, so law enforcement was notified. A police sergeant with the Cheyenne River Sioux Tribe responded and attempted to rationalize with Looking Horse, telling him that hospital staff just wanted to get him checked out and get him the help he needed. Looking Horse became uncooperative while at the hospital and was placed under arrest by the police sergeant.
When the sergeant went to place handcuffs on Looking Horse, he pulled both of his arms towards his chest and asked the sergeant what he was doing. When the sergeant attempted again to place the wrist restraints on Looking Horse, he attempted to get away. The sergeant had ahold of Looking Horse’s right arm when Looking Horse grabbed the handle of the sergeant’s duty weapon with his left hand, and tried to get it out of its holster. The sergeant pushed down on his duty weapon and turned away from Looking Horse who continued to try to go for the duty weapon. Several people intervened to assist the sergeant, but Looking Horse continued his irate behavior, and was still fighting to get away. Looking Horse was ultimately taken to the ground and restrained. He continued to be uncooperative and resistive.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Looking Horse was immediately turned over to the custody of the U.S. Marshals Service.