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Man pleads guilty in DUI fatal

Man pleads guilty in DUI fatal
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A Little Eagle man has admitted to driving drunk and causing an accident that killed a passenger in his pickup truck.

Shane Comes, 25, pleaded guilty in U.S. District Court to a charge of involuntary manslaughter. Federal court documents show he admits to driving drunk on Nov. 30 on a highway east of McLaughlin, at times traveling faster than 80 mph. Comes lost control of his vehicle and overcorrected, causing the pickup to roll.

A passenger, Stanley Yellow Earrings, was ejected and later died.

According to federal court documents, Comes had a blood alcohol content of .260 percent more than two hours after the accident. A blood alcohol content of .08 percent is the point when authorities presume intoxication.

The maximum penalty for manslaughter is six years in prison and a $250,000 fine. Comes is in custody pending sentencing Oct. 27.

In other federal court news:

- Wyatt Burnette, 31, White River, was sentenced by U.S. District Judge Charles Kornmann to 34 months in prison and three years supervised release after pleading guilty to conspiracy to distribute a controlled substance. According to a news release from the U.S. Attorney's Office, the charge involved a conspiracy to distribute methamphetamine in South Dakota between January 2002 and December 2006.

- Hutchinson Abdo, 19, Lower Brule, was sentenced by Judge Kornmann to 18 months in prison and four years of supervised release for conspiring to distribute marijuana within 1,000 feet of an elementary school, playground and youth center in Lower Brule. Abdo pleaded guilty to conspiracy to distribute and possess with intent to distribute a controlled substance.

- William Edward Marshall, 30, Porcupine, pleaded guilty to an indictment charging him with abusive sexual contact. Federal court documents show he admitted to having sexual contact with an 8-year-old child in Porcupine during the summer of 2007. The maximum penalty is life in prison and a $250,000 fine. Marshall was initially indicted on a charge of aggravated sexual contact. Marshall is in custody pending sentencing Oct. 7.

- William Russell, 22, Lower Brule, pleaded guilty to an escape charge, admitting that he left Community Alternatives of the Black Hills on May 5 when he knew he was not authorized to do so. The maximum penalty is five years in prison and a $250,000 fine. Russell is in custody pending sentencing Oct. 22.

- Curt Romanyshyn, 55, North Dakota, pleaded not guilty to an indictment charging him with conspiracy to distribute methamphetamine and possession with intent to distribute methamphetamine. According to a news release from the U.S. Attorney's Office, the conspiracy charge carries a mandatory minimum sentence of five years in prison with a maximum of 40 years in prison and a $2 million fine upon conviction. The possession charge is punishable by up to 20 years in prison and a $1 million fine upon conviction. Romanyshyn is in custody pending trial.

- Richard C. Wolf Guts, 23, Parmelee, pleaded not guilty to an indictment charging him with sexual abuse of a minor. According to a news release from the U.S. Attorney's Office, he is accused of abusing a 15-year-old girl in November 2006. The maximum penalty upon conviction is 15 years in prison and a $250,000 fine. No trial date was set.

- Tobby Montreal Wright, 32, Box Elder, pleaded not guilty to an indictment charging him with knowingly possessing a 12-gauge shotgun that was not registered to him. The maximum penalty upon conviction is 10 years in prison and a $250,000 fine.

- Joseph Cloudman, 26, Rapid City, pleaded not guilty to escape. According to a news release from the U.S. Attorney's Office, Cloudman is accused of failing to return to Community Alternatives of the Black Hills after a temporary furlough. The maximum penalty upon conviction is five years in prison and a $250,000 fine. Cloudman is in custody pending trial.

- Jesus Antonio Guzman, a California man who was living near Dupree, pleaded guilty to simple assault and assault by striking, beating or wounding. The charges involved a report of domestic violence against a Cheyenne River Sioux Tribe member on June 18 at a home near Dupree. The maximum penalty is one year in prison and a $10,000 fine. Guzman was detained pending sentencing Sept. 26.

Editor's note: The U.S. District Court generally prosecutes felonies committed on reservations, while tribal courts handle misdemeanor crimes. Felonies that happen off the reservation are prosecuted in state/circuit court and are reported separately in the Journal. Some drug and firearms cases are also prosecuted in federal court.

Copyright 2012 Rapid City Journal. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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