A federal jury in Pierre on Friday, July 31, convicted Dustin Red Legs, 41, of Eagle Butte, of sexually assaulting a 10-year-old girl in 2018. He is facing a mandatory minimum sentence of 30 years in prison and a maximum sentence of life, according to court documents.
U.S. District Judge Roberto Lange set Red Legs’ sentencing for Oct. 26 in Pierre, according to court documents.
Red Legs remains in the Hughes County Jail in Pierre where he has been under federal detention since early 2019 awaiting trial, a jail official said. On Friday, after the verdict was read, Lange ordered him held until his sentencing hearing in October.
Red Legs pleaded not guilty after being charged by a grand jury's indictment in May 2019 in Pierre. His trial opened Tuesday, July 28, 2020, and the verdict came in Friday, July 31.
According to a news release from U.S. Attorney Ron Parsons, in September 2018, Red Legs was staying at a home in Eagle Butte, which is 90 miles northwest of Fort Pierre. He entered a room where two children were sleeping, sexually assaulted the 10-year-old girl and took sexually explicit photos of her to distribute as child pornography, according to court documents.
The Cheyenne River Sioux Tribe Law Enforcement Services and the FBI investigated the case.
Assistant U.S. Attorney Jay Miller prosecuted Red Legs, who was represented by federal public defender Jana Miner.
Red Legs enticed and coerced the girl to “engage in sexually explicit conduct for the purpose” of producing child pornography, the jury said.
The jury gave three “guilty” verdicts for three counts: sexually assaulting her, exploiting her to produce the child pornography and illegally possessing the child pornography.
Besides the mandatory minimum of 30 years in prison and possible sentence of life in prison, the conviction carries a possible fine up to $750,000 and a $5,000 assessment to the Domestic Trafficking Fund.
Red Legs had waived his right to a detention hearing, staying in jail pending trial, and now, his sentencing.