Judge Hovland sentenced Marshall to two years and 11 months in prison, to be followed by three years of supervised release. Marshall was ordered to pay restitution of $4,757.31 and a special assessment of $100 to the Crime Victim's Fund. On August 2, 2010 , Marshall assaulted a Fort Yates woman, whom he was dating, by kicking her in the head and body with the tennis shoes on his feet after knocking her to the ground. The woman suffered a left orbital blowout fracture that required surgery to repair. Two witnesses in the area contacted law enforcement, who responded and located the woman lying in the street with injuries to her head and face. The witnesses directed officers to a residence where they observed Marshall walking. Officers located Marshall hiding in a closet of the home.
The case was investigated by the Federal Bureau of Investigation and Bureau of Indian Affairs - Standing Rock Agency
Assistant United States Attorney Rick Volk prosecuted the case.
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