Acting United States Attorney Dennis R. Holmes announced that a Peever, South Dakota, man convicted of Abusive Sexual Contact was sentenced on July 12, 2021, by U.S. District Judge Charles B. Kornmann.
David George Derby, age 24, was sentenced to 36 months in federal prison, 10 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Derby was indicted by a federal grand jury on August 17, 2020. He pled guilty on April 12, 2021.
The conviction stemmed from an incident on or about April 11, 2020, when Derby knowingly engaged in, and attempted to engage in, a sexual contact with his 17-year old female cousin. The victim was incapable of appraising the nature of the conduct and was physically incapable of declining participation in and communicating her unwillingness to engage in the sexual contact, and Derby was aware of the victim’s incapacity. Derby also knew the victim was his cousin.
Derby and the victim consumed alcoholic beverages, and the victim became intoxicated. Derby perpetrated the sexual contact knowing the victim was vulnerable and unable to give her consent to the sexual contact.
Derby was approximately 23 years old at the time of the offense. He is an enrolled member of the Sisseton-Wahpeton Oyate Sioux Tribe. The sexual contact occurred within the exterior boundaries of the Lake Traverse Reservation.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.
Derby was immediately turned over to the custody of the U.S. Marshals Service.