The United States Attorney's Office announced that during a federal court session in Billings, on October 19, 2011, before Senior U.S. District Judge Jack D. Shanstrom, LYLE LAMAR TAKES GUN, a 34-year-old resident of Lodge Grass, appeared for sentencing. TAKES GUN was sentenced to a term of:

Prison: 36 months

Special Assessment: $100

Supervised Release: 3 years

TAKES GUN 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 Lori Harper Suek and Special Assistant U.S. Attorney Diane Cabrera, the government stated it would have proved at trial the following:

On April 17, 2010, a law enforcement officer was called to a residence on the Crow Indian Reservation to speak with a female individual. The officer first saw the female individual sitting on the steps of the house. She told the officer that her boyfriend, TAKES GUN, had beaten her up. The officer then noticed that the victim was in pain and that she was holding her rib area. He also saw that the victim had a swollen eye, bite marks on her arm, and bruising on her arm and neck. The victim told the officer that TAKES GUN had kicked her in the ribs and choked her. The officer took photographs of the injuries.

The victim's mother took her to the hospital. The victim then contacted the officer and he again went to the same residence to speak with her. The victim told the officer that she had been examined at the hospital and suffered three broken ribs. The victim then wrote out a statement.

The victim was interviewed again and provided additional details. She stated that she and TAKES GUN were drinking at a residence in Lodge Grass when TAKES GUN got mad at the victim over an ex-boyfriend, and hit her in the right eye with the back of his hand. She tried to leave the room, but he would not let her leave. She did yell for help knowing that family members of TAKES GUN were in the house, but no one came to her aid. TAKES GUN then grabbed the victim's arm and bit her in the tricep area and on her right hand above her pinky finger. He also kicked the victim in the ribs. TAKES GUN held the victim in the room for about two hours.

TAKES GUN was interviewed. He eventually admitted that he hit the victim, but he would not admit that he kicked or bit her.

The treating physician was interviewed and confirmed that the victim's injuries met the definition of serious bodily injury.

Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that TAKES GUN will likely serve all of the time imposed by the court. In the federal system, TAKES GUN 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 the Bureau of Indian Affairs.

 

 

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