(Kotzebue, AK) Monday, Utqiagvik Superior Court Judge David Roghair sentenced 39-year-old Austin Swan and 31-year-old Brandon Swan, both of Kivalina, after both men were convicted of Sexual Assault in the First Degree and Attempted Sexual Assault in the First Degree. Austin Swan was sentenced to serve 55 years and 228 days of incarceration, and Brandon Swan was sentenced to serve 45 years of incarceration.

The convictions are for the sexual assault of a high-schooler in Kivalina in April 2019. Both men were convicted of these crimes after a two-week trial held in Kotzebue in May 2024. Judge Roghair sentenced Austin Swan to a composite sentence of 70 years and 228 days to serve, with 15 years suspended. Judge Roghair sentenced Brandon Swan to a composite sentence of 60 years, with 15 years suspended. Both men were placed on probation for 15 years following their release from incarceration. If released on probation, both men will be subject to numerous probation conditions, including sex offender treatment. Both defendants will also be required to register as sex offenders for the rest of their lives.

At the sentencing hearing, Assistant Attorney General Bailey Woolfstead asked the court to consider the significant impact of the sexual assaults on both the victim and the community, as well as both defendants’ significant criminal history. AAG Woolfstead asked the court to impose a lengthy sentence that would protect the victim, the Northwest Arctic Borough, and the village of Kivalina.

Judge Roghair found that two aggravating factors applied to both Brandon and Austin Swan, including:1) that each defendant has a criminal history including repeated instances of assaultive behavior, and 2) that each defendant’s criminal history includes convictions for five or more misdemeanor offenses.

In handing down the sentences, Judge Roghair found that both Austin and Brandon Swan had guarded prospects for rehabilitation. Judge Roghair noted the impact that these crimes had on the victim was severe. The differences in sentences for the two defendants was at least partially due to the defendants’ prior criminal histories. Under Alaska law, the presumptive sentencing range that applies to a defendant is determined based on how many times they have previously been convicted of a felony offense. Austin Swan was being sentenced as a third felony offender while Brandon Swan was being sentenced as a second felony offender.

The case was prosecuted by Assistant Attorney General Bailey Woolfstead of the Office of Special Prosecutions’ Rural Prosecution Unit, with assistance from Paralegals Lu Iyatunguk of the Nome District Attorney’s Office and Marley Hettinger of the Juneau District Attorney’s Office. The case was investigated by the Alaska State Troopers.

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  assault, prison, sentencing, sexuala, swan kivalina