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Elizabeth Red Star-Benson, Involuntary Manslaughter, South Dakota 2012

A 27-year-old Oglala woman is facing up to 8 years in prison for her role in the tragic death of her four-year-old son.

Elizabeth Red Star-Benson, 27, of Oglala, South Dakota, pleaded guilty to involuntary manslaughter in a U.S. Magistrate Judge’s courtroom on August 2, 2013. The maximum penalty upon conviction is 8 years’ imprisonment and/or a $250,000 fine.

The incident occurred on August 31, 2012, when Red Star-Benson was driving under the influence with a blood alcohol content of .261. She lost control of her vehicle on BIA Hwy 27 near KILI radio station in Porcupine, ejecting her unrestrained four-year-old son from the vehicle. The child suffered fatal traumatic injuries in the crash.

The investigation was a collaborative effort between the Bureau of Indian Affairs Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, and the South Dakota Highway Patrol. The case is being prosecuted by Assistant U.S. Attorney Sarah Collins.

A presentence investigation has been ordered, and a sentencing date will be set. Red Star-Benson was remanded to the custody of the U.S. Marshals Service pending sentencing.

The case serves as a sobering reminder of the devastating consequences of drunk driving. It is a tragedy that could have been prevented had Red Star-Benson not gotten behind the wheel while intoxicated.

The community will be watching as this case unfolds, and justice is served. The family of the victim deserves closure, and we hope that the court takes the necessary steps to hold Red Star-Benson accountable for her actions.

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