Fort Totten man pleads guilty to assault and voluntary manslaughter charges

Peter D. Welte Chief judge at U.S. District Court for North Dakota
Peter D. Welte Chief judge at U.S. District Court for North Dakota
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Kolby Jae McKay, also known as Kolby Woods, from Fort Totten, North Dakota, pleaded guilty on April 2 to charges of assault with a dangerous weapon, assault by strangulation of a dating partner, and voluntary manslaughter in United States District Court for the District of North Dakota. The announcement was made by United States Attorney Nicholas W. Chase.

The case is significant because it involves violent crimes that occurred on the Spirit Lake Reservation and led to community safety concerns. According to the court proceedings before Chief Judge Peter D. Welte, McKay entered guilty pleas in two separate cases stemming from incidents in March and April 2024.

McKay admitted to an incident on March 13, 2024, where he assaulted a woman identified as “Jane Doe,” with whom he had a dating relationship. During this incident, McKay held a knife to Jane Doe’s neck and then strangled her until she nearly lost consciousness. A few weeks later, on April 3, McKay killed Monte Ray Herman Sr., resulting in his plea of voluntary manslaughter.

Both offenses took place on the Spirit Lake Reservation. After killing Herman Sr., McKay fled and remained at large for several days. In response, the Spirit Lake Tribal Council imposed a community curfew and offered a reward for information leading to his capture.

The investigation involved multiple agencies including the Bureau of Indian Affairs and Federal Bureau of Investigation with support from local law enforcement such as Benson and Eddy County Sheriff’s Departments, North Dakota Highway Patrol, North Dakota Bureau of Criminal Investigation, and the Lake Region Narcotics Task Force. Assistant United States Attorneys Samantha Schmidt and Lori Conroy prosecuted the case.

McKay remains detained pending sentencing scheduled for July 22.



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