FOR IMMEDIATE RELEASE
Wednesday, May 07, 2008
KEVIN WHITEMAN 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 May 7, 2008, before Chief U.S. District Judge Richard F. Cebull, KEVIN WHITEMAN, a 37-year-old resident of Lame Deer, appeared for sentencing. WHITEMAN was sentenced to a term of:
- Prison: 60 months
- Special Assessment: $100
- Supervised Release: 3 years
WHITEMAN was sentenced in connection with his guilty plea to assault resulting in serious bodily injury.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
On June 7, 2007, Northern Cheyenne law enforcement received a report that a woman was getting beat up behind a residence in Lame Deer. When law enforcement arrived, bystanders pointed out WHITEMAN crawling up a nearby hillside. Below him was the victim of the offense. When the officer approached the victim, she was having trouble walking and complained of pain between her legs. The officer also observed circular burn marks on the palm of her right hand. The victim told the officer that WHITEMAN had kicked her between her legs, and had put her hand on a burner.
Further investigation revealed that WHITEMAN and the woman were at a nearby house with family. WHITEMAN and the victim were arguing. He then grabbed her hand forced it onto a hot burner in the kitchen. He then threw her on the floor and began kicking her between her legs. The victim reported that she blacked out a few times during the assault.
The victim was taken to the emergency room for treatment at Lame Deer. She was then transferred to St. Vincent's Hospital in Billings for further treatment because of significant hemorrhaging from the pelvis. She suffered a significant pelvic laceration with attendant hemorrhaging and severe pain. Surgery was required to repair the wound.
During the investigation, WHITEMAN made statements to law enforcement taking responsibility for the assault.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that WHITEMAN will likely serve all of the time imposed by the court. In the federal system, WHITEMAN 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.
The investigation was conducted by the Federal Bureau of Investigation.
