ATF

Sample Block


Bureau of Alcohol, Tobacco, Firearms and Explosives

District of North Dakota

www.justice.gov/usao/nd

For Immediate Release

February 23, 2011

Timothy Q. Purdon, United States Attorney

Contact: Beth Lang
(701) 530-2420
beth.lang@usdoj.gov

New Town Man Pleads Guilty to Assaulting Federal Officers

BISMARCK – United States Attorney Timothy Q. Purdon announced that on February 23, 2011, Henry D. Smith, 27, of New Town, North Dakota, pleaded guilty before United States District Court Judge Daniel L. Hovland to two counts of assaulting and resisting a federal officer and one count of use of a firearm during commission of a crime of violence.

In September 2010 in the New Town area, law enforcement officers were advised of a fight-in-progress and of the make and model of a vehicle leaving the scene of the fight. Three Affiliated Tribes police officers stopped this vehicle and identified Smith as the driver. The officers observed a front seat passenger with a bloody face and swollen eye. After Smith was detained, the passenger advised the officers that Smith assaulted him with the stock of a shotgun. The shotgun was located in the backseat of the vehicle and was seized. After Smith was arrested and taken to jail, Smith became combative with two correctional officers. During the struggle, Smith caused an injury to one correctional officer's elbow and shoulder and another correctional officer's wrist.

Each count of assaulting and resisting a federal officer carries a statutory maximum penalty of eight years in prison and a $250,000 fine. The count of use of a firearm during commission of a crime of violence carries a statutory maximum penalty of life in prison and a $250,000 fine.

The case was investigated by the Bureau of Indian Affairs, Bureau of Alcohol, Tobacco, Firearms and Explosives, and Three Affiliated Tribes Police Department. Sentencing for Smith has been scheduled for May 23, 2011, in United States District Court in Minot, North Dakota, at 3:00 p.m.

Assistant United States Attorney Rick Volk is prosecuting the case.

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