Havre Daily News - News you can use

 
 

By Tim Leeds 

Has Eagle sentenced to five years, rape trial pending

Former police officer sentenced for violating conditions

 

March 31, 2014



A former Rocky Boy police officer with a pending rape trial was sentenced Friday to five years with the state in a previous case.

Donald J. Has Eagle, born in 1988, is facing a trial on a charge of sexual intercourse without consent June 24.

Friday in state District Court in Havre, state District Judge Dan Boucher sentenced Has Eagle to five years with the state Department of Corrections for multiple violations of conditions of release in a deferred imposition of sentence on a 2011 charge.

Boucher imposed the deferred imposition of sentence when Has Eagle pleaded guilty to a felony count of criminal endangerment for an incident in November 2011. Under the agreement, the more severe alternative charge of assault with a weapon was dismissed. Has Eagle also pleaded guilty to a misdemeanor count of partner or family member assault under the agreement, and received a one-year deferred imposition of sentence on that charge.

Has Eagle was charged after a woman called Havre police about 3:30 a.m. Nov. 7, 2011, to say Has Eagle had drawn his service revolver and threatened her while he was drunk.

Officers who responded, who knew Has Eagle was an officer at Rocky Boy, found him in the woman’s residence, asleep and holding the woman’s crying 6-month-old baby and holding his revolver.

In May of last year, Has Eagle was charged with raping a woman who said she was having consensual sex with him after a party, but that he then forced her to have sex in ways she did not want after she told him to stop. He “took it too far,” the woman told investigating officers.

After a warrant was issued for his arrest on the charge, a petition to revoke his deferred imposition of sentence also was issued.

Officers were unable to locate Has Eagle, and, eventually, a federal marshall’s warrant also was issued for his arrest.

Has Eagle was arrested in Havre in December.

He was charged with multiple violations of his release in the deferred imposition of sentence. These included multiple counts alleging he illegally drank, that he left his residence without permission, that he lied to law enforcement and failed to appear at meetings and hearings including for a driving under the influence charge in Fort Belknap Indian Reservation tribal court, and failed to attend counseling for addiction and mental health.

Boucher found Has Eagle had committed multiple violations, and said that although he characterized it as a slipup, the violations were brazen. He recommended DOC screen Has Eagle and place him in treatment.

Boucher said he did not consider the pending rape charge when imposing the sentence.

Boucher essentially split the sentencing recommendations.

Hill County Attorney Gina Dahl recommended the maximum sentence, 10 years, citing the violent nature of the offense and the fact that a gun was used. The defense recommended a three-year suspended sentence.

If Has Eagle had abided by all conditions of his release, after the three-year deferral he could have petitioned to have the felony offense struck from his record.

 

Reader Comments

(11)

alittlemoreinfo writes:

Who pulls a gun out on their girlfriend/wife. I feel for what his wife had to go through while she was with him.

alilinfo writes:

I would also like to point out that he was also a LEO at Ft. Belknap. This behavior, regardless of race or location, is sickening. I feel that there is a need for improved mental health screening when it comes to employing Police and Detention Officers. The fact that his spouse and this other victim had to go through this due to a lack of mental health screening is sad. This man needs jail and help. Hopefully he gets both.

Iwanna writes:

Okay slow your roll FrankieH I was just merely pointing out the fact that he was not employed with the PD as it was linked to the rape incident. Yes he was for the PMFA which no denial was listed on that part. As far the rest of the bullcrap coming out of Rocky Boy they can keep on reporting that because it is entertaining. HAGD

Jamie writes:

While the HDN is covering sentencing hearings, I am wondering why it is not covering criminal trials. Just last week, the County Attorney herself, Ms. Gina Dahl lost an assault trial; in fact, the defendant did not even have an attorney was representing himself. Talk about a waste of the taxpayers money. Get the Minutes from the Clerk of Court.

frankieh writes:

To: IWANNA...Rocky Boy is constantly making news, would you rather have the HDN Not report it? Haven't we been in the dark concerning activities occurring in Rocky Boy long enough? We don't have a clinic because of financial malfeasance. Is that the HDN fault? Or is it because of a lack of transparency in our own government that allowed it to happen? DON'T KILL THE MESSENGER....

BeFairHDN writes:

Hey Mister Kelleher, why didn't you print that Mr. Schmidt was a CURRENT Havre Daily News employee when he was arrested for Driving Under the Influence??? :P

belknapboy14 writes:

But the pfma he got was when he was a cop

Iwanna writes:

Okay, truth is he WAS employed with the PD in Rocky Boy...but this incident happened AFTER his employment (a year or two) later. His actions do not reflect the PD or any tribal department in Rocky Boy. Just had to add the name Rocky Boy in there so it can get more reads since there is already a lot of turmoil on the reservation.

frankieH writes:

Proofreader that fact that he was a police officer is very relevant. Where he worked is also very relevant. I am from Rocky Boy therefore the type of officer employed there is very relevant and should be to important to all residents. To make this about race, proofreader, is reckless. Not everything someone says about Rocky Boy is racial. Sounds like you have a bigger problem with race than most white people.

JKelleherHDN writes:

The fact that he was a police officer is very relevant to the story, just like if he was a former Havre Daily News reporter would be relevant. If he worked at other police departments, we are unaware of it. If you know, please tell us and we will follow up on it for further stories. — John Kelleher, Managing editor, Havre Daily News

proofreader writes:

Thank you Tim Leeds for pointing out that this person was a former officer at Rocky Boy. I am sure he worked other placed too...but if it has anything bad involved be sure you mention that it has to do with Rocky Boy.....there a few choice words for you !!!..bit they wouldn't get printed...