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THURSDAY, JULY 12, 2001

The 8th Circuit Court of Appeals on Wednesday upheld the conviction of a man who ran over a young child on the Pine Ridge Reservation in South Dakota.

In 1999, Melford Ashley, Sr. struck a young Indian girl while driving under the influence of alcohol. He has a prior record of drunk driving but also admitted to driving over the speed limit in a vehicle which he knew had faulty brakes.

He subsequently pleaded guilty to assault resulting in serious bodily injury and was sentenced to 33 months in jail. The girl, who was riding a bike at the time of the accident, required extensive reconstructive surgery.

Because Ashley is Indian, he was charged under the Major Crimes Act. The act grants the federal government jurisdiction over crimes committed by Indians in Indian Country.

Ashley challenged his conviction, saying the crime of which he was prosecuted was not listed in the law. But the appeals court said otherwise, ruling that his willful misconduct in the accident was sufficient to charge him with assault resulting in serious bodily injury.

Get the Story:
US v. ASHLEY, No 00-2189 (8th Cir. July 11, 2001)