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Date: 02-15-2023
Case Style:
United States of America v. Barbara McGhee
Case Number: 3:21-cr-30038
Judge: Roberto A. Lange
Court: United States District Court for the District of South Dakota (Hughes County)
Plaintiff's Attorney: United States District Attorney's Office in Pierre
Defendant's Attorney:
Description: Pierre, South Dakota criminal defense lawyer represented Defendant charged with Assaulting, Opposing, Resisting, Impeding, Intimidating, or Interfering with a Federal Officer.
On March 29, 2021, in Lower Brule, Barbara McGhee, age 25, forcibly opposed and resisted two Bureau of Indian Affairs correctional officers. The correctional officers entered McGhee’s jail pod to move McGhee to a different area of the jail. McGhee resisted their attempt to move her, throwing a cup of water, causing the liquid to come in contact with one of the correctional officers. As the officers attempted to restrain her following this incident, McGhee flailed her arms around, striking the other correctional officer on the nose.
This case was investigated by the Bureau of Indian Affairs – Office of Justice Services, Lower Brule Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
18 U.S.C. § 111(a); SIMPLE ASSAULT (lesser included)
(a) In General.—Whoever—
(1) forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person designated in section 1114 of this title while engaged in or on account of the performance of official duties; or
(2) forcibly assaults or intimidates any person who formerly served as a person designated in section 1114 on account of the performance of official duties during such person’s term of service,
shall, where the acts in violation of this section constitute only simple assault, be fined under this title or imprisoned not more than one year, or both, and where such acts involve physical contact with the victim of that assault or the intent to commit another felony, be fined under this title or imprisoned not more than 8 years, or both.
(b) Enhanced Penalty.—
Whoever, in the commission of any acts described in subsection (a), uses a deadly or dangerous weapon (including a weapon intended to cause death or danger but that fails to do so by reason of a defective component) or inflicts bodily injury, shall be fined under this title or imprisoned not more than 20 years, or both.
(c) Extraterritorial Jurisdiction.—
There is extraterritorial jurisdiction over the conduct prohibited by this section.
Outcome: Defendant was found guilty by a Federal Jury.
Plaintiff's Experts:
Defendant's Experts:
Comments: