United States of America v. Kolby Jae McKay, a.k.a Kolby Woods

Fargo, North Dakota, criminal defense lawyer represented the Defendant charged with second-degree murder in Indian Country and voluntary manslaughter.

Kolby Jae McKay, also known as Kolby Woods, age 33, from Fort Totten, North Dakota, was accused of Assault with a Dangerous Weapon and Assault of a Spouse, Intimate Partner, or Dating Partner by Strangulation related to an incident on March 13, 2024. McKay became upset with a woman, identified in the case as “Jane Doe,” with whom he was in a dating relationship. McKay grabbed a knife and held it to Jane Doe’s neck. Jane Doe pushed the knife away and McKay strangled Jane Doe by placing his hands tightly around Jane Doe’s neck until she almost lost consciousness on the Spirit Lake Reservation.

McKay fled after killing Herman and was at large for several days, prompting the Spirit Lake Tribal Council to issue a community curfew and offer a reward for information leading to McKay’s whereabouts.

This case was investigated the Bureau of Indian Affairs and Federal Bureau of Investigation with assistance from the Benson and Eddy County Sheriff’s Department, North Dakota Highway Patrol, North Dakota Bureau of Criminal Investigation, and the Lake Region Narcotics Task Force, and prosecuted by Assistant United States Attorneys Samantha Schmidt and Lori Conroy.

04/02/2026 32 WAIVER OF INDICTMENT by Kolby Jae McKay (lh) (Entered: 04/02/2026)
04/02/2026 33 Minute Entry for proceedings held before Chief Judge Peter D. Welte: Waiver of Indictment, Filing of Information & Plea Hearing as to Kolby Jae McKay held on 4/2/2026. Kolby Jae McKay Guilty Count 1s. (Court Reporter KMK) (lh) Modified to clarify docket text. NEF regenerated on 4/3/2026 (sl). (Entered: 04/02/2026)

04/02/2026 34 NOTICE OF HEARING as to Kolby Jae McKay: Sentencing set for 7/22/2026 at 02:30 PM in Fargo Courtroom 1 before Chief Judge Peter D. Welte. (lh) (Entered: 04/02/2026)

McKay’s guilty pleas were entered in two separate cases.