A federal jury has found Francis Lee DuBray, age 35, of Wakpala, South Dakota, guilty of First-Degree Burglary and two counts of Assault with a Dangerous Weapon, following a three-day federal jury trial in Aberdeen, South Dakota. The verdict was returned on October 24, 2024.
The charge of First-Degree Burglary carries a maximum penalty of 25 years in federal prison and/or a $250,000 fine, five years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered. The charges of Assault with a Dangerous Weapon carry a maximum penalty of 10 years in federal prison and/or a $250,000 fine, three years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
DuBray was indicted by a federal grand jury in September of 2023.
Shortly after nightfall on July 5, 2023, DuBray and two co-defendants went to a woman’s home in McLaughlin, South Dakota, to assault a man they believed had inappropriately touched a girl. McLaughlin lies within the Standing Rock Sioux Indian Reservation. As the woman yelled at them to go away, one of the co-defendants kicked in her front door. DuBray’s co-defendants rushed into the house while DuBray stood by on the stoop, hollering and chastising the woman for allowing the man to stay in her house. Although the man was passed out, DuBray’s co-defendants repeatedly struck him with a metal bat and kicked him in the face while the woman pleaded for them to stop. They broke his nose and shattered his orbital and sinus bones. He still struggles with his vision and headaches today. As DuBray’s co-defendants left the home, one of them knocked the woman to the floor. As she crawled towards the front door, DuBray kicked her in the face, then fled with his companions.
This matter was prosecuted by the U.S. Attorney’s Office because the Major Crimes Act, a federal statute, mandates that certain serious crimes alleged to have occurred in Indian country be prosecuted in Federal court as opposed to State court.
This case was investigated by the FBI and the Bureau of Indian Affairs – Office of Justice Services. Assistant U.S. Attorney Carl Thunem prosecuted the case.
A presentence investigation report was ordered and a sentencing date of June 2, 2025, was set. DuBray remains in the custody of the U.S. Marshals Service pending sentencing.
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