Cherry Creek Man Sentenced for Abusive Sexual Contact

PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a Cherry Creek, South Dakota, man convicted of two counts of Abusive Sexual Contact. The sentencing took place on June 10, 2024.

Dana James Marshall, age 38, was sentenced to five years in federal prison, followed by five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $200.

Marshall was indicted by a federal grand jury in October of 2023. He pleaded guilty on March 11, 2024.

On April 15, 2022, Marshall invited his 18-year-old niece to his bedroom. She accepted his invitation and disrobed at his behest, but clearly told Marshall she did not want him to sexually touch her. Marshall nonetheless seized her by the ribs and groped her private body parts. This incident occurred in the Cherry Creek Community, which lies within the Cheyenne River Indian Reservation.

This matter was prosecuted by the U.S. Attorney’s Office because the Major Crimes Act, a federal statute, mandates that certain violent crimes alleged to have occurred in Indian country be prosecuted in federal court as opposed to State court.

This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Service and the FBI. Assistant U.S. Attorney Carl Thunem prosecuted the case.

Marshall was immediately remanded to the custody of the U.S. Marshals Service.