United States Attorney's Office for the District of Minnesota

07/23/2024 | Press release | Distributed by Public on 07/23/2024 20:54

Man Sentenced to Five Years in Prison for Neglect Resulting in Death of a Child on the Red Lake Reservation

Press Release

Man Sentenced to Five Years in Prison for Neglect Resulting in Death of a Child on the Red Lake Reservation

Tuesday, July 23, 2024
For Immediate Release
U.S. Attorney's Office, District of Minnesota

MINNEAPOLIS - A Red Lake man has been sentenced to five years in prison followed by two years of supervised release for child neglect following the death of a child on the reservation, announced U.S. Attorney Andrew M. Luger.

According to court documents, between January 1, 2022, and December 25, 2022, Julius Fineday, Sr., 42, willfully deprived Minor A of necessary food, health care, and other basic needs, despite being reasonably able to make the necessary provisions. The neglect ultimately caused the death of Minor A.

Fineday pleaded guilty to one count of felony child neglect causing the death of a child on March 25, 2024. He was sentenced today in U.S. District Court by Chief Judge Patrick J. Schlitz. His co-defendant, Sharon Rosebear, was convicted of felony child neglect following an April 2024 jury trial and is awaiting sentencing.

According to court documents, Minor A's cause of death was determined to be the combined effects of malnutrition, and Group A Streptococcal infection, resulting from neglect. In sentencing Fineday, Chief Judge Schiltz emphasized that Fineday neglected Minor A in "nearly every way" a caretaker can neglect a child, noting that Fineday had deprived Minor A of necessary nutrition, had failed to address Minor A's head lice, had kept Minor A from attending school where she would have received nutritious meals the school provided, and had failed to take the child to the doctor for three years other than for COVID vaccinations for which the household received cash incentives.

Chief Judge Schiltz also highlighted that the starvation of the child was not due to a lack of resources or inadequate food in the house, but instead, a lack of care, noting that Minor A was "not just thin, but skeletal" at the time of her death.

In issuing the sentence, the Court noted the severity of the neglect warranted an upward variance from the applicable sentencing guidelines, though the Court did acknowledge that Fineday's demonstration of sincere remorse by pleading guilty in advance of trial and without a plea agreement was a significant mitigating factor which weighed against an even longer sentence. Chief Judge Schiltz also emphasized that the sentence of 60 months should signal to all those caring for children that "neglecting or abusing a child will result in negative consequences not only for the child, but also the responsible adult." He expressed hope that others faced with a child whose basic needs are not being met will consider the risk of such consequences and, at a minimum, "pick up the phone" to seek help.

This case is the result of an investigation conducted by the FBI and the Red Lake Tribal Police Department.

Assistant U.S. Attorneys Lindsey E. Middlecamp and Rachel L. Kraker prosecuted the case.

Updated July 23, 2024
Topic
Indian Country Law and Justice
Component