Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Great Falls, on February 5, 2009, before U.S. District Judge Sam E. Haddon, JESSE MICHAEL MAIN appeared for sentencing. MAIN was sentenced to a term of:

• Prison: 42 months

• Special Assessment: $100

• Supervised Release: 3 years

MAIN was sentenced in connection with his guilty plea to assault with a dangerous weapon and 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:

Shortly after midnight on February 15, 2008, the victim's aunt returned to her residence on the Fort Belknap Indian Reservation, accompanied by MAIN. When MAIN and the victim's aunt arrived at the house, the victim, G.D., was there with a friend.

All four then went into the aunt's room to drink and socialize to avoid waking up G.D.'s father, juvenile brother, and infant sister, who were sleeping in a spare bedroom.

Although G.D. was somewhat upset with MAIN because MAIN had subjected G.D.'s younger brother to a beating two or three weeks prior to February 15, 2008, the aunt was initially able to maintain the peace between MAIN and G.D.. As they all continued to drink into the early morning hours, G.D. became increasingly angry with MAIN. Around 5:00 a.m., G.D. and MAIN went into the living room and began to fight. G.D. initiated the fight and punched MAIN approximately five times before MAIN fell to the floor, at which point G.D. kicked MAIN in the face.

The fight ended after G.D. kicked MAIN and G.D.'s father came into the living room and instructed his son to come back into the bedroom and go to sleep. G.D. went with his father and MAIN went into the bathroom to clean up as his lip and nose were bleeding. The sight of his facial injuries, combined with the pain he was suffering, caused MAIN to become upset. MAIN went into the kitchen and got a kitchen knife which he placed in his pocket. MAIN later told law enforcement that he had planned to confront G.D. and use the knife only as a last resort. MAIN went into the bedroom to confront G.D. When G.D. got up, MAIN stabbed him in the chest and head. G.D.'s father witnessed the assault and took the knife away from MAIN. He gave it to G.D.'s aunt, who apparently threw it outside where it was recovered by law enforcement.

Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that MAIN will likely serve all of the time imposed by the court. In the federal system, MAIN 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 Rebekah J. French prosecuted the case for the United States.

The investigation was conducted by the Federal Bureau of Investigation.

 

 

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