Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Billings, on January 8, 2009, before Chief U.S. District Judge Richard F. Cebull, GUS E. OTHER MEDICINE, a 25-year-old resident of Crow Agency, appeared for sentencing. OTHER MEDICINE was sentenced to a term of:

• Prison: 30 months

• Special Assessment: $100

• Supervised Release: 3 years

OTHER MEDICINE was sentenced in connection with his guilty plea to felony child abuse.

In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:

On January 24, 2008, school personnel noticed prominent bruises and abrasions on A.L.C.'s face, head, ears and neck. He was questioned about the bruises and abrasions, to which he replied that he had "fallen out of bed." After further questioning, A.L.C. revealed that he had been struck with a belt by his step-father, OTHER MEDICINE, at their home.

The victim was then examined by the school nurse, and further bruises and abrasions were discovered on his back and legs. The Montana Department of Family Services was notified and a social worker arrived to take A.L.C. to the Hardin Clinic for further examination. During the examination, the doctor documented large contusions on the victim's legs, hips and buttocks, which were inconsistent with non-accidental trauma.

On February 20, 2008, agents conducted an interview with the victim's mother. She stated that on the evening of January 23, 2008, OTHER MEDICINE lost his temper with A.L.C. and struck him with a belt several times. She further disclosed that OTHER MEDICINE had been spanking and/or striking A.L.C. with a belt on average of two times per week since November of 2007.

Further substantiating the case, during a more recent medical examination at the Billings Clinic, A.L.C. disclosed that OTHER MEDICINE had picked him up by his throat and threw him up against a wall, putting a hole in the wall. Agents went to OTHER MEDICINE'S home and photographed numerous holes in the walls.

Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that OTHER MEDICINE will likely serve all of the time imposed by the court. In the federal system, OTHER MEDICINE 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 a cooperative effort between the Federal Bureau of Investigation and the Bureau of Indian Affairs.

 

 

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