Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Great Falls, on December 17, 2009, before U.S. District Judge Sam E. Haddon, MALCOLM A. GOOD BIRD, a 39-year-old resident of Poplar, appeared for sentencing. GOOD BIRD was sentenced to a term of:

• Prison: 48 months

• Special Assessment: $100

• Supervised Release: 3 years

GOOD BIRD was sentenced in connection with his guilty plea to assault resulting in serious bodily injury.

In an Offer of Proof filed by Assistant U.S. Attorney Carl E. Rostad, the government stated it would have proved at trial the following:

During the evening of March 21, 2008, A.C.T. and S.B. went to the victim's residence in Poplar, which is within the exterior boundaries of the Fort Peck Indian Reservation, to drink beer with the victim. S.B. was very drunk and passed out.

About 30 minutes later, GOOD BIRD arrived. (GOOD BIRD and A.C.T. lived together and A.C.T. had previously dated the victim).

GOOD BIRD and A.C.T. began arguing. The victim tried to break up the fight and GOOD BIRD hit the victim in the head with a whiskey bottle. A.C.T. ran out of the residence. GOOD BIRD hit the victim several more times and then followed A.C.T. GOOD BIRD also hit A.C.T. in the face, causing her nose to bleed. They then went home.

S.B. woke up and saw the victim sitting in a chair with blood all over his head and face. S.B. went home and told his wife about the victim's injuries and she called 911.

The victim was taken by ambulance to the Northeast Montana Health Services Hospital in Poplar. Due to the extent of his injuries and blood loss, the victim was life-flighted to the Billings Clinic Hospital in Billings. The victim received two blood transfusions due to blood loss from a fractured right jaw, broken nose, and left orbital blowout fracture. The victim was operated on to fix his jaw fracture.

Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that GOOD BIRD will likely serve all of the time imposed by the court. In the federal system, GOOD BIRD does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.

The investigation was conducted by a cooperative effort between the Federal Bureau of Investigation and the Fort Peck Tribal Police.

 

 

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