The U.S. Court of Appeals has reversed the conviction of an Eagle Butte man sentenced to nearly 11 years in prison for sexual abuse because jury instructions were incomplete.
Jerry Matthew Chasing Hawk was indicted by a federal grand jury in 2011 and found guilty for the August 2009 sexual abuse of an Eagle Butte woman in Fort Thompson.
Chasing Hawk appealed his conviction, arguing that the government did not prove his knowledge of the woman's incapacity at the time of the assault.
The 3-judge panel from the 8th Circuit on Monday reversed the district court's conviction, saying Chasing Hawk requested but was denied jury instructions that would have required jurors to find that he had knowledge of the woman's incapacity.
The case is remanded back to U.S. District Court.
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