United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man has been indicted by a federal grand jury for Second Degree Murder, Using and Carrying a Firearm During and In Relation to a Crime of Violence, and Witness Tampering.
Jacob McCloskey, age 18, was indicted on August 16, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on September 19, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about April 7, 2016, in Todd County, South Dakota, McCloskey shot another individual with a rifle and corruptly persuaded two witnesses to lie about the circumstances of the shooting.
The charges are merely accusations and McCloskey is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of
Investigation and Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk W. Albertson is prosecuting the case.
McCloskey was released on bond pending trial. Trial has been set for November 15, 2016.