FOR IMMEDIATE RELEASE
Monday, November 05, 2007
ALFRED WALKING EAGLE, 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 Great Falls, on November 5, 2007, before U.S. District Judge Sam E. Haddon, ALFRED WALKING EAGLE, JR., a 25-year-old resident of Poplar, appeared for sentencing. WALKING EAGLE was sentenced to a term of:
- Prison: 176 months
- Special Assessment: $200
- Supervised Release: 3 years
WALKING EAGLE was sentenced in connection with his guilty plea to aiding and abetting assault with a dangerous weapon and use of a firearm in the commission of a crime of violence.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
On the night of May 26, 2006, and into the early morning hours of May 27th, WALKING EAGLE, the victim, an unnamed adult and an unnamed juvenile went driving around the town of Poplar in WALKING EAGLE'S automobile.
At some point in the night, the unnamed adult got out of the vehicle to take a walk while WALKING EAGLE, the victim, and the unnamed juvenile drove to a local convenience store. The victim went inside the store while WALKING EAGLE and the unnamed juvenile remained in the car. While the victim was away from the car, WALKING EAGLE received a telephone call from the unnamed adult.
The unnamed adult told WALKING EAGLE that he believed the victim had been talking to people and spreading rumors. The unnamed adult asked WALKING EAGLE to drive the victim into the country and physically assault him. WALKING EAGLE replied that he would instead drive the victim to the unnamed adult's location in order to allow the unnamed adult to "do what he needed to do."
When the victim returned to the car, WALKING EAGLE drove the car to a local Poplar bar where the unnamed adult was waiting. WALKING EAGLE then drove the automobile while the victim rode in the front passenger seat and the unnamed juvenile rode in the backseat. Once they arrived at the bar, the unnamed adult got into the vehicle and sat in the back seat, directly behind the victim. WALKING EAGLE then drove the car away from the bar and into a nearby alley.
As WALKING EAGLE drove the car into the alley, the unnamed adult pulled out a rope and wrapped it around the victim's throat. WALKING EAGLE stopped the car as the unnamed adult began to strangle the victim with the rope. The unnamed adult demanded to know if the victim had been "running his mouth."
The victim would have testified that he struggled with the unnamed adult and managed to free himself from the rope. The victim then attempted to open the door and flee from the car, but WALKING EAGLE reached over and restrained him. The unnamed adult got out of the rear door of the car and pulled open the victim's door. As he did so, the unnamed adult produced a .38 revolver handgun and struck the victim in the face multiple times with the gun. The unnamed adult then discharged the handgun and shot the victim in the top of his right foot.
The unnamed adult pointed the revolver at the victim. The victim grabbed the revolver and he and the unnamed adult began to struggle for possession of the handgun. The victim would have testified that, as he struggled with the unnamed adult over the gun, WALKING EAGLE grabbed the victim from behind, thus enabling the unnamed adult to keep possession of the pistol.
The victim pushed himself free and began to run down the alley, away from the car and his assailants. As the victim fled down the alley, the unnamed adult fired the gun at him, multiple times, with one bullet striking the victim in the right flank. As the victim ran, he could hear WALKING EAGLE'S voice yelling "shoot him, he's getting away," or words to that effect.
When questioned, WALKING EAGLE initially told the investigators that he had been with the unnamed adult on May 26-27, 2006, but claimed that they had not seen the victim at all during that time. After further questioning, WALKING EAGLE acknowledged that he had participated in the incident.
WALKING EAGLE further admitted to the investigators that he personally procured the .38 revolver handgun for the unnamed adult that was used to shoot the victim. WALKING EAGLE stated that he initially obtained the gun by trading stereo equipment. He further told investigators that, on the night of the shooting, he retrieved the revolver from his home and gave it to the unnamed adult. WALKING EAGLE explained that he did so because the unnamed adult was angry about the rumors being spread on the reservation and requested the gun in order to "get a point across" to whomever was "running their mouth."
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that WALKING EAGLE will likely serve all of the time imposed by the court. In the federal system, WALKING EAGLE 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 Richard A. Hosley prosecuted the case for the United States.
The investigation was a cooperative effort between the Fort Peck Tribes Criminal Investigation Division and the Federal Bureau of Investigation.
