United States Attorney Brendan V. Johnson announced that David Kills In Water, age 27, of Rosebud, South Dakota, appeared before United States District Judge Roberto A. Lange on July 12, 2012, and pled guilty to an Indictment that charged him with Drug User in Possession of a Firearm. The maximum penalty upon conviction is 10 years in custody, a $250,000 fine, or both.
On April 23, 2011, the Rosebud Tribal Police conducted a traffic stop on a vehicle being driven by David John Kills In Water. When the officers questioned him, Kills In Water denied drinking but said he had been smoking marijuana. During a DUI search, the officers found a live .25 caliber round in Kills In Water's pants pocket. Further investigation led to a pistol in the glove box of the vehicle, marijuana cigarettes, and a plastic baggie of marijuana.
The investigation was conducted by the Rosebud Sioux Tribe Police Department, the Northern Plains Safe Trails Drug Enforcement Task Force, and Bureau of Alcohol, Tobacco, Firearms & Explosives. The case is being prosecuted by Assistant United States Attorney Jay Miller.
A presentence investigation was ordered, and a sentencing date was set for October 2012. The defendant was released on bond pending sentencing.