Former Oglala Sioux Tribe Councilman Don Garnier's attorney appeared for him Thursday at an initial circuit court hearing on a charge of simple assault.

Garnier was not present because he is in the custody of the U.S. Marshals Service.

Garnier's bond in a federal case involving marijuana distribution charges was revoked Wednesday because the simple assault Garnier is accused of violates his bond.

A federal judge ordered Wednesday that Garnier be extradited to New Mexico, where he is charged with conspiracy to distribute marijuana, possession with intent to distribute marijuana and aiding and abetting a crime.

Garnier was arrested Dec. 2 while out on bond for those drug charges. Federal court documents say he got into a bar fight at the Quality Inn's Reunion Lounge in Rapid City and punched a man who was lying on the floor, apparently unconscious.

The U.S. Marshals Service would not release information about whether Garnier has been extradited, but he was not in custody Thursday at Pennington County Jail, which is where the Marshals house inmates in its custody.

Tom Diggins, Garnier's attorney on the circuit-court charges, told 7th Circuit Magistrate Judge William Severns that he did not know if his client had been taken to New Mexico.

Severns set a dispositional hearing at Diggins' request during which Diggins said he hoped to resolve the simple-assault charge with the prosecutors.

The simple assault charge is a class one misdemeanor and carries a maximum possible sentence of one year in jail and a $2,000 fine.

A protection order was also put in place that restricts Garnier from having any contact with the alleged victim in the simple-assault case.

Garnier was one of the Pine Ridge District representatives on the Oglala Sioux Tribal Council when he was arrested in New Mexico.

He has since resigned that position.

Contact Katie Brown at 394-8318 or katie.brown@rapidcityjournal.com