Beclabito Man Charged with Causing the Death of a Minor by Serving Her Liquor

ALBUQUERQUE—Stanford Benally, 41, a member of the Navajo Nation who resides in Beclabito, New Mexico, made his initial appearance in Albuquerque federal court on a two-count indictment charging him with (1) second-degree murder, and (2) involuntary manslaughter. Benally, who was arrested yesterday by the FBI, remains in custody pending a detention hearing and arraignment on September 13, 2012.

Count one of the indictment, the second-degree murder charge, alleges that on May 19, 2012, Benally caused the death of a minor female by serving her liquor and failing to provide care and seek medical attention for the minor in a manner that evinced a callous and wanton disregard for human life. Count two, the involuntary manslaughter charge, alleges that, on that same date, Benally deposited the unconscious and intoxicated minor on her bedroom floor without providing care and seeking medical assistance in a manner that was grossly negligent and with a wanton and reckless disregard for human life. According to the indictment, the offenses occurred in Indian Country in San Juan County, New Mexico.

If convicted of the murder charge, Benally faces a maximum penalty of life imprisonment. If convicted of the involuntary manslaughter charge, he faces a maximum penalty of eight years of imprisonment.

The case was investigated by the Farmington office of the FBI, with assistance from the Shiprock Division of the Navajo Nation Department of Public Safety, and is being prosecuted by Assistant U.S. Attorney Jack E. Burkhead.

Dawson Ray Demonitiny Sentenced in U.S. District Court

The United States Attorney’s Office announced that during a federal court session in Great Falls, on June 25, 2012, before U.S. District Judge Sam E. Haddon, Dawson Ray Demontiney, a 25-year-old resident of Box Elder and an enrolled member of the Chippewa Cree Tribes, appeared for sentencing. Demontiney was sentenced to a term of:

■Prison: 41 months

■Special assessment: $100

■Supervised release: three years

Demontiney was sentenced in connection with his guilty plea to involuntary manslaughter.

In an offer of proof filed by Assistant U.S. Attorney Jessica A. Betley, the government stated it would have proved at trial the following:

On December 24, 2010, around 1:53 a.m., two officers with the Rocky Boy’s Police Department were on patrol driving westbound on Upper Box Elder Road. As the officers drove in the 45mph zone, they saw a car driving eastbound going 70mph as confirmed by in-car radar. This car passed by the officers with no headlights on, using hazard lights only. The officers notified dispatch that a car was driving eastbound going approximately 70mph with just its hazard lights illuminated.

The officers turned around to follow the car, but could not see the car anymore and realized it must have shut its lights off. One of the officers radioed to dispatch to instruct the detention officers to go outside the police station to see if the car passed by, as it was headed that direction. Four officers went outside the police station and saw a four-door passenger car pass at an extremely high rate of speed with no headlights. The officers heard a large crash almost immediately after the car passed the police station. They saw the taillights of the car go up into the air before the car hit the ground. The portion of road where the car crashed is posted as a 25mph speed limit and a free-range animal area.

The officers arrived at the crash and found half of a horse lying in the road with its internal organs exposed and a blood trail running down the road. The same four-door passenger car they previously saw speeding down the road was now in a ditch. Upon closer examination of the car, the officers saw a male’s body spread out on the ground by the passenger side of the car with his foot still partially stuck under the front passenger seat. There was no one else in the car. The officers began to check the road and surrounding areas for the driver. They could not find anyone until a male came stumbling down from the fence line yelling at the officers for help. This man was identified as Demontiney. His face was swollen and covered in blood.

Demontiney was transported to the hospital for medical treatment. The front passenger, the victim, was pronounced dead at the scene. A postmortem examination of the victim revealed he died from blunt force injuries to the head. At the hospital, a doctor observed marked swelling along the left side of Demontiney’s face, which, once cleaned up, revealed three lacerations on his left cheek. There was also bruising to his left shoulder, but no seat belt impression on his chest. Demontiney’s BAC was a .058 and he tested positive for THC.

Montana Highway Patrol also arrived on scene of the crash and began an investigation. The troopers determined the front passenger side of the Oldsmobile struck the rear half of a horse that was in the middle of the road. The troopers observed the pavement to be in good condition with no visible defects. The traffic lanes contained visible fog lines, as well as driving lanes separated by a solid and broken yellow line. At the time of the crash, the lanes of travel were dry with the exception of a small amount of snow on the center line.

Upon closer examination, the troopers observed no brake or tire marks on the road prior to the beginning of the horse’s blood. Rolling tire marks straddling the center line of the road were only observed after the final resting point of the front half of the horse. The trooper concluded the primary contributing factors to the crash appeared to be the driver’s actions of speeding and driving at night without headlights. There were no tire marks of any kind leading up to the impact of the horse.

Demontiney was last seen before the crash leaving a house with the victim around 1:00 a.m. on December 24, 2010. Demontiney asked to borrow a friend’s car to get a pizza from a bar in Box Elder. Demontiney called to order a pizza and 10 minutes later, the victim walked into the bar, picked up the pizza, and left.

The FBI sent evidence to the FBI crime lab. This included a blood swab from the fence where Demontiney was located and the driver’s side air bag from the car. The lab concluded the DNA profile from the driver’s side air bag matched Demontiney’s DNA profile.

Because there is no parole in the federal system, the “truth in sentencing” guidelines mandate that Demontiney will likely serve all of the time imposed by the court. In the federal system, Demontiney does have the opportunity to earn a sentence reduction for “good behavior.” However, this reduction will not exceed 15 percent of the overall sentence.

The investigation was conducted by the Federal Bureau of Investigation.

Woman Sentenced for Involuntary Manslaughter

U.S. Attorney Christopher A. Crofts announced that on June 15, 2012, Michelle Crispin, a 32-year-old Northern Arapaho Tribal member from the Wind River Indian Reservation, was sentenced by U.S. District Court Judge Clarence A. Brimmer. Ms. Crispin was sentenced to 24 months’ imprisonment, three years of supervised release, $100 in court costs, and $8,202.52 in restitution on the charge of involuntary manslaughter. On January 2, 2012, Ms. Crispin was driving a vehicle while intoxicated, during which time the vehicle rolled, killing a passenger, Mitchell C’Hair, Jr. This case was investigated by the Bureau of Indian Affairs and the Federal Bureau of Investigation.

Bernetta Rose Walking Eagle Sentenced in U.S. District Court

The United States Attorney’s Office announced that during a federal court session in Great Falls, on November 8, 2011, before U.S. District Judge Sam E. Haddon, BERNETTA ROSE WALKING EAGLE, a 31-year-old resident of Poplar, appeared for sentencing. WALKING EAGLE was sentenced to a term of:

■ Prison: 24 months

■ Special Assessment: $100
■ Supervised Release: three years

WALKING EAGLE was sentenced in connection with her guilty plea to involuntary manslaughter.

In an offer of proof filed by Assistant U.S. Attorney Jessica A. Betley, the government stated it would have proved at trial the following:

On June 26, 2010, WALKING EAGLE was at “CCB’s” house in Poplar, which is within the exterior boundaries of the Fort Peck Indian Reservation. WALKING EAGLE and “CCB” had been in an on-and-off-again relationship for some time. In June 2010, WALKING EAGLE and “CCB” had been fighting frequently and “CCB” was trying to get WALKING EAGLE to move out of his house. “CCB” had a history of physically abusing WALKING EAGLE.

On July 26, 2010, WALKING EAGLE and “CCB” were the only two people home. Neighbors had heard the two of them arguing throughout the day. Around 4:46 p.m., WALKING EAGLE went to her neighbor’s house. WALKING EAGLE told her neighbor to call 911 because “Charlie, he fell, he’s full of blood. He’s full of blood he fell.” The neighbor called for an ambulance.

In fact, WALKING EAGLE and “CCB” had been fighting throughout the day. “CCB” had pushed WALKING EAGLE around, and at one point, punched her in the face with his fist which resulted in a black eye to WALKING EAGLE. WALKING EAGLE attempted to defend herself against “CCB.” However, WALKING EAGLE got a kitchen knife and stabbed “CCB” one time in the chest.

Meanwhile, “CCB’s” daughter heard over a police scanner that an ambulance had been dispatched to his house. “CCB’s” daughter and her husband went to the house and found “CCB” face down on the floor. They shook “CCB” and he replied, “damn, my chest hurts, but I’ll be okay.” There were clothes and food thrown around the room and it appeared a fight had taken place in the house.

“CCB” was asked who had done this to him and he made facial movements toward WALKING EAGLE. Police and ambulance personnel then arrived at the house. WALKING EAGLE was crying, smelled of alcohol and had blood on her arm. Officers found a knife on the floor with blood on it. An officer asked how WALKING EAGLE got blood on her arm and she replied it was from holding “CCB’s” hand. Officers observed that WALKING EAGLE’s left eye was swollen and was starting to turn black and blue.

WALKING EAGLE was transported to the jail and she declined to speak with law enforcement. “CCB” was transported to the emergency room where he died around 5:32 p.m. An autopsy was performed and it was determined “CCB” had sustained a single penetrating stab wound to his left upper chest and he died by cardiac suffering. There were no defensive or offensive wounds found on “CCB.”

The knife and bloody towels collected from “CCB’s” house were sent to the FBI crime lab. “CCB” was found to be the major contributor of DNA found on the knife. There were no latent fingerprints of value detected on the knife. WALKING EAGLE’s clothes from the time of the incident were also sent to the crime lab. Blood was found on her clothing and “CCB” was found to be the major contributor of DNA obtained from the clothes.

Because there is no parole in the federal system, the “truth in sentencing” guidelines mandate that WALKING EAGLE will likely serve all of the time imposed by the court. In the federal system, WALKING EAGLE does have the opportunity to earn a sentence reduction for “good behavior.” However, this reduction will not exceed 15 percent of the overall sentence.

The investigation was conducted by the Federal Bureau of Investigation.