Harrah Man Sentenced to 70 Months’ Imprisonment for Assault Resulting in Serious Bodily Injury

YAKIMA, WA—Today, Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Johnathon Frank, age 21, of Harrah, Washington, was sentenced for the crime of assault resulting in serious injury in conjunction with the assault and death of Daniel Simmons on July 19, 2009. On March 17, 2011, Johnathon Frank was sentenced to a term of 70 months' imprisonment with three years of supervision to follow when released from prison. The defendant has been in custody since his arrest on July 20, 2009.

Daniel Simmons was assaulted during a violent altercation on July 19, 2009 involving Johnathon Frank, Lance Frank, Daniel Simmons, and others that ultimately resulted in the death of Daniel Simmons. Johnathon Frank admitted pursuant to a plea agreement that after Daniel Simmons was struck with a bat by Lance Frank and fell to the ground and stopped moving, Johnathon Frank then kicked Daniel Simmons in the neck and head area of his body. During the altercation with Johnathon Frank and Lance Frank, Daniel Simmons sustained multiple blunt impacts, blunt force trauma to his head, and suffered a fractured skull. He later died from his injuries sustained during the altercation. Another defendant in the case, Lance Frank, was sentenced to 90 months' incarceration and three years' supervised release on January 27, 2011 following a guilty plea to voluntary manslaughter. Defendant Johnathon Frank is an enrolled member of the Yakama Nation and Daniel Simmons was an enrolled member of the Quinault Indian Nation. The crime occurred within the external boundaries of the Yakama Nation.

Michael C. Ormsby, U.S. Attorney for the Eastern District of Washington, said, "This case is a prime example of the investigatory partnership among the Federal Bureau of Investigation, the Yakama Tribal Police Department, the Yakima County Sheriff's Office, and the United States Attorney's Office. Each of these partner agencies is committed to vigorously investigating violent crime occurring on the Yakama Nation Reservation and to bring offenders to justice."

This investigation was conducted by the Yakima Tribal Police Department, the Yakima County Sheriff's Office, and the Federal Bureau of Investigation. This case was prosecuted by James Goeke, Assistant United States Attorney for the Eastern District of Washington.