Rosebud Man Convicted by Jury of Two Counts of Assault With a Dangerous Weapon
The U.S. Attorney's Office for the District of South Dakota announced that Ervin Burning Breast, Jr., 31, of Rosebud, in Todd County, South Dakota, was convicted by a jury of two counts of assault with a dangerous weapon following a two-day jury trial in federal district court in Pierre. The verdict was returned on November 4, 2026. U.S. Attorney Ron Parsons announced the conviction.
Each charge carries a maximum penalty of ten years in custody and/or a $250,000 fine, three years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Burning Breast was indicted by a federal grand jury in March 2026.
The convictions stem from an incident on December 24, 2025, on the Rosebud Sioux Indian Reservation. Evidence at trial established that Burning Breast approached a group of individuals outside a residence in Rosebud, armed with a knife, and swung the knife at two individuals with the intent to do bodily harm. Neither victim was injured.
The matter was prosecuted by the U.S. Attorney's Office because the Major Crimes Act, a federal statute, mandates that certain violent crimes alleged to have occurred in Indian Country be prosecuted in federal court rather than state court. The case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and prosecuted by Assistant U.S. Attorney Abby VanDenBerg.
A presentence investigation was ordered and a sentencing date has not yet been set. The defendant was remanded to the custody of the U.S. Marshals Service. (Source: U.S. Attorney's Office for the District of South Dakota)
Source: U.S. Attorney's Office for the District of South Dakota
Published by GSM · USA (original Chinese edition)
Photo: 图：美国司法部大楼（GSM固定图库）。美国政府作品，公共领域。 / Photo: U.S. Department of Justice headquarters (GSM file photo). U.S. government work, public domain.
