Fort Totten man sentenced to 15 years in federal prison after admitting to domestic assault and deadly attack on Spirit Lake Reservation
Fort Totten, North Dakota – A Fort Totten, North Dakota, man has been sentenced to 15 years in federal prison after pleading guilty in two separate criminal cases involving a violent domestic assault and the killing of another man on the Spirit Lake Reservation.
United States Attorney Nicholas W. Chase announced that Kolby Jae McKay, also known as Kolby Woods, 34, received the sentence in United States District Court for the District of North Dakota. The sentence was handed down by Chief Judge Peter D. Welte.
McKay previously admitted guilt to three federal charges: Assault with a Dangerous Weapon, Assault of a Spouse, Intimate Partner, or Dating Partner by Strangulation, and Voluntary Manslaughter.
His guilty pleas were entered on April 2, 2026, resolving two separate cases tied to violent incidents that occurred just weeks apart in 2024.
Two violent incidents led to federal prosecution
The first case stemmed from an incident on March 13, 2024, involving a woman identified in court documents as “Jane Doe,” who was in a dating relationship with McKay.
According to prosecutors, McKay became angry during an encounter with the woman. During the confrontation, he grabbed a knife and held it against her neck.
Court records state that Jane Doe managed to push the knife away, but the violence continued. McKay then wrapped his hands tightly around her neck and strangled her until she nearly lost consciousness.
Federal prosecutors charged him with Assault with a Dangerous Weapon and Assault of a Spouse, Intimate Partner, or Dating Partner by Strangulation, charges to which he later pleaded guilty.
Only a few weeks later, on April 3, 2024, McKay was involved in another violent encounter that ended in the death of Monte Ray Herman Sr.
According to court documents, the two men became involved in a physical fight. During the struggle, McKay placed his forearm around Herman’s neck. Herman later died from the assault, leading to the voluntary manslaughter charge.
Both crimes took place on the Spirit Lake Reservation.
Community search followed fatal incident
Authorities said McKay fled after Herman’s death and remained at large for several days.
His disappearance prompted the Spirit Lake Tribal Council to issue a community curfew while law enforcement searched for him. Tribal leaders also offered a reward for information that could help officers locate him.
After his arrest, the two criminal cases moved through the federal court system before ending with his guilty pleas earlier this year.
United States Attorney Chase said the case demonstrates the Department of Justice’s continued focus on prosecuting violent crime in tribal communities, particularly domestic violence involving strangulation.
“The Department of Justice is always committed to ensuring violent crimes in Indian country are investigated thoroughly and prosecuted aggressively,” Chase said. “The career prosecutors in this office have worked with our law enforcement partners to increase prosecution of domestic violence involving nonfatal strangulation. This is because strangulation is an undeniable predictor of future lethal violence. Statistical evidence shows attackers who strangle are 75 percent more likely to kill. The more times an attacker strangles, the more likely the attacker is to kill the victim. Our office remains committed to working with our Tribal, federal, and local law enforcement partners to hold offenders accountable, protect victims, and make Tribal communities safer.”
FBI Minneapolis Field Office Special Agent in Charge Christopher D. Dotson also commented on the outcome.
“The scope of this defendant’s violent conduct is appalling,” Dotson said. “After engaging in an extremely serious episode of domestic violence, Kolby McKay killed a man in response to an argument. Today’s significant sentence is a reflection of the FBI’s continuing commitment to enhancing public safety on tribal lands. The people of Spirit Lake are safer today because of the work done by this investigative team. It is this team’s hope that today’s sentence offers a sense of justice and closure to the surviving victim and the families of both victims.”
The investigation was led by the Bureau of Indian Affairs and the Federal Bureau of Investigation, with assistance from the Benson, Eddy, Ramsey, and Nelson County Sheriff’s Departments, the North Dakota Highway Patrol, the North Dakota Bureau of Criminal Investigation, and the Lake Region Narcotics Task Force.
The case was prosecuted by Assistant United States Attorneys Samantha Schmidt Dahl and Lori Conroy, bringing to a close two violent cases that deeply affected the Spirit Lake Reservation and resulted in a lengthy federal prison sentence for McKay.
