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Nicholas Guttierrez, Misprision of a Felony, South Dakota 2013

A shocking case of burglary has come to light in Timber Lake, South Dakota, where a 19-year-old man named Nicholas Guttierrez, also known as Nicholas Gutierrez, has pleaded guilty to misprision of a felony.

The crime occurred on January 6, 2013, when a break-in was reported at the Chatter Box Corner Café and Bar, a downtown business in Timber Lake. Guttierrez, who was directly involved in the crime, provided transportation to his co-defendant from the scene of the burglary and concealed the same from tribal and federal law enforcement officers.

Misprision of a felony is a serious offense that carries a maximum penalty of 3 years in custody and/or a $250,000 fine, 1 year of supervised release, and a $100 assessment to the Federal Crime Victims Fund.

The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Division, and the case is being prosecuted by Assistant U.S. Attorney Mikal Hanson.

Guttierrez appeared before U.S. District Judge Roberto A. Lange on August 29, 2013, and pled guilty to a Superseding Information that charged him with Misprision of a Felony.

A presentence investigation has been ordered, and a sentencing date has been set for November 19, 2013. The defendant has been released pending sentencing.

The people of Timber Lake are breathing a sigh of relief now that the guilty plea has been entered, but the community is still reeling from the shock of the crime. As one resident said, ‘We’re just glad that the perpetrator has been brought to justice.’

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