A 36-year-old man faces charges of second- and fourth-degree assault, as well as a charge of unlawful use of a stun gun.

"The facts of this case are undeniably tragic," Chief United States District Judge Robert Rossiter Jr. wrote in his order.

The Wibaux County Attorney has pleaded not guilty to obstructing a peace officer after Billings Police allegedly used a stun gun on him for resisting arrest at a downtown bar last week.