FOR IMMEDIATE RELEASE
Monday, February 25, 2008
JACK DEAN WALKING EAGLE 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 February 25, 2008, before U.S. District Judge Sam E. Haddon, JACK DEAN WALKING EAGLE, a 20-year-old resident of Poplar, appeared for sentencing. WALKING EAGLE was sentenced to a term of:
- Prison: 271 months
- Special Assessment: $200
- Supervised Release: 3 years
WALKING EAGLE was sentenced in connection with his guilty plea to assault with the intent to murder and the use of a firearm during 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:
Testimony would have been presented that JACK WALKING EAGLE and his brother, Alfred Walking Eagle Jr., operated a methamphetamine and marijuana distribution ring on the Fort Peck Indian Reservation. In the weeks preceding the assault, JACK WALKING EAGLE and his brother were told that someone was spreading rumors regarding their role as drug distributors at Fort Peck.
On the night of May 26, 2006, and into the early morning hours of May 27th, JACK WALKING EAGLE, the victim, Alfred Walking Eagle and an unnamed juvenile went driving around the town of Poplar in Alfred Walking Eagle's automobile.
At some point during the night, JACK WALKING EAGLE got out of the vehicle while Alfred Walking Eagle, the victim, and the unnamed juvenile drove to a local convenience store. The victim went inside the store while Alfred Walking Eagle and the unnamed juvenile remained in the car. While the victim was away from the car, Alfred Walking Eagle received a cellular telephone call from JACK WALKING EAGLE.
JACK WALKING EAGLE told Alfred Walking Eagle that he believed the victim was responsible for the rumors regarding their drug distribution. JACK WALKING EAGLE asked Alfred Walking Eagle to drive the victim to a remote area of the reservation, outside of the Poplar city limits, and physically assault him. Alfred Walking Eagle refused, but said that he would bring the victim to JACK WALKING EAGLE'S location and JACK WALKING EAGLE could "do what he needed to do."
When the victim returned to the car, Alfred Walking Eagle drove to a local Poplar tavern where JACK WALKING EAGLE was waiting outside. Alfred Walking Eagle drove the automobile, the victim rode in the front passenger seat, and the unnamed juvenile rode in the backseat. When they arrived at the bar, JACK WALKING EAGLE got into the vehicle and sat in the back seat, directly behind the victim. Alfred Walking Eagle drove the car away from the tavern and into a nearby alley in downtown Poplar.
As the car turned into the alley and came to a stop, JACK WALKING EAGLE pulled out a length of rope and wrapped it around the victim's throat. JACK WALKING EAGLE demanded to know if the victim had been "running his mouth." The victim struggled with JACK WALKING EAGLE and managed to free himself from the rope. The victim attempted to open the car door and escape from the vehicle, but Alfred Walking Eagle reached over from the driver's seat and physically restrained him. JACK WALKING EAGLE got out of the rear door of the car and pulled open the front passenger door. Then, JACK WALKING EAGLE produced a .38 revolver handgun and struck the victim in the face multiple times with the butt of gun. JACK WALKING EAGLE then discharged the handgun and shot the victim's right foot.
JACK WALKING EAGLE then pointed the revolver at the victim. The victim reached out, grabbed the gun and attempted to wrest it from JACK WALKING EAGLE'S grip. After a momentary struggle, the victim broke away, turned and ran down the alley. JACK WALKING EAGLE fired the handgun at the fleeing victim. As the victim continued to run away, JACK WALKING EAGLE repeatedly fired the gun at the victim until all the ammunition had been expended. The victim managed to escape, but he was struck in the right flank by one of the fired rounds.
Alfred Walking Eagle pled guilty to federal charges and has been sentenced.
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.
