District of Montana
Press releases recorded for this federal judicial district.
Ex-Northern Cheyenne Tribal President admits travel fraud schemeRead the Press Release
BILLINGS – Lawrence Jace Killsback, the former president of the Northern Cheyenne Indian Tribe, today admitted to a travel fraud scheme in which he is accused of getting an estimated $20,000 in improper reimbursements, U.S. Attorney Kurt Alme said.
Killsback, 40, of Busby, pleaded guilty to wire fraud and to false claims conspiracy during an arraignment and plea hearing.
U.S. Magistrate Judge Timothy J. Cavan presided and will recommend to U.S. District Judge Susan P. Watters that Killsback’s plea be accepted. Judge Watters will preside at sentencing. Judge Cavan continued Killsback’s release.
Killsback faces a maximum 20 years in prison, a $250,000 fine and three years of supervised release on the wire fraud crime and a maximum 10 years in prison, a $250,000 fine and three years of supervised release on the false claims conspiracy crime.
Prosecutors said in court documents that while serving as tribal president and in his previous job as the tribe’s health director, Killsback submitted false or fraudulent invoices to tribal, state and federal entities claiming travel expenses for travel he was already being reimbursed through either the tribe, state, other tribes or federal agencies, for travel that never occurred or for travel dates or rates that were inflated or exaggerated.
Killsback also conspired with at least one other person in devising and executing the schemes. Although Killsback disputed the amount, prosecutors said he received an estimated $20,000 in improper reimbursements from 2014 to 2017.
When interviewed by investigators in March 2019, Killsback admitted to submitting the same reimbursement forms and invoices to multiple agencies for travel expenses and to submitting fake invoices for reimbursement. In addition, Killsback noted that this travel fraud happens all of the time on the reservation. Killsback was aware of this scheme and described this as a culture of fraud.
In one scheme, Killsback double and triple dipped travel reimbursements between September 2015 and September 2017 on at least 10 trips he made while serving on various state and national boards. He received multiple reimbursements from various entities, including the Northern Cheyenne Tribe, state of Montana, the Blackfeet Tribe and the federal Department of Health and Human Services.
Another scheme involved Killsback falsifying hotel invoices by changing the number of days, rate or total expenses for trips through a software program used by Killsback or a co-conspirator. Investigators identified 28 trips that involved such fraudulent conduct by Killsback.
Assistant U.S. Attorneys Bryan Dake and Ryan Weldon prosecuted the case, which was investigated by Department of Health and Human Services, Office of Inspector General and Department of Interior, Office of Inspector General.
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Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on July 1 was:
Dekker Karl Boeke, 26, of Roundup, on charges of prohibited person in possession of a firearm and unlawful user of controlled substance in possession of a firearm. If convicted of the most serious crime, Boeke faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Boeke was detained pending further proceedings. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Pacer case reference. 19-78.
Appearing on July 2 was:
Keyshaun Frank Left Hand, 19, of Crow Agency, on charges of assault resulting in substantial injury to a dating partner and kidnapping. If convicted of the most serious crime, Left Hand faces a maximum of life in prison, a $250,000 fine and five years of supervised release. Left Hand was detained pending further proceedings. The case was investigated by the FBI. Pacer case reference. 19-85.
Sarah Marie Guckeen, 36, of Billings, on charges of conspiracy to possess with intent to distribute meth and possession with intent to distribute meth. If convicted of the most serious crime, Guckeen faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release. Guckeen was detained pending further proceedings. The case was investigated by the FBI task force and Eastern Montana High Intensity Drug Trafficking Area Task Force. Pacer case reference. 19-83.
Thomas Joseph Mascarena, 43, a transient in Billings, on charges of prohibited person in possession of a firearm. If convicted of the most serious crime, Mascarena faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Mascarena was detained pending further proceedings. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Pacer case reference. 19-70.
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Great Falls woman admits meth, heroin traffickingRead the Press Release
GREAT FALLS – Jacqueline Marie Kirkaldie, of Great Falls, admitted today that she distributed methamphetamine and heroin that came to the community from California, said U.S. Attorney Kurt Alme.
Kirkaldie, 32, pleaded guilty to possession with intent to distribute controlled substances. She is detained. Kirkaldie faces a minimum mandatory 10 years to life in prison, a $10 million fine and five years of supervised release.
U.S. District Judge Brian M. Morris presided and set sentencing for Oct. 16, 2019.
In court records, the prosecution said that beginning in September 2018, the Russell Country Drug Task Force and the Drug Enforcement Administration began investigating a meth and heroin distribution ring in Great Falls. Kirkaldie was among those who redistributed for the group.
In January, detectives interviewed a heroin addict who said he got his heroin from Kirkaldie and knew that she had a source of drugs who brought pound quantities of meth and heroin from California to Great Falls on a weekly basis.
Assistant U.S. Attorney Jessica Betley is prosecuting the case, which was investigated by the DEA and Russell Country Drug Task Force.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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California man admits dealing meth in Havre, Great Falls, Rocky Boy’s Indian ReservationRead the Press Release
GREAT FALLS – A California man admitted today to dealing methamphetamine in Havre, Great Falls and the Rocky Boy’s Indian Reservation, U.S. Attorney Kurt Alme said.
Roel Centeno, 44, of Oxnard, CA, pleaded guilty to possession with intent to distribute meth. He faces a maximum 20 years in prison, a $1 million fine and three years of supervised release. He was detained.
U.S. District Judge Brian M. Morris presided and set sentencing for Oct. 16, 2019.
The prosecution said in court documents that law enforcement agents learned Centeno was arranging the shipment of numerous packages of meth to recipients in Havre, Great Falls and the Rocky Boy’s Indian Reservation from about June 2017 to March 2018. The recipients broke down the meth packages for local redistribution. Agents interviewed numerous persons who received meth from Centeno.
Assistant U.S. Attorney Jessica Betley is prosecuting the case, which was investigated by the Great Falls Police Department and Homeland Security Investigations.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Birney man admits strangling woman to death with ropeRead the Press Release
BILLINGS – Birney resident Randy Lee Littlebird admitted today to murdering a woman by strangling her with a rope in their residence on the Northern Cheyenne Indian Reservation last year, U.S. Attorney Kurt Alme said.
Littlebird, 35, pleaded guilty to second degree murder, strangulation and domestic abuse by habitual offender.
U.S. District Judge Susan Watters presided. Judge Watters continued Littlebird’s detention and set sentencing for Nov. 6, 2019.
Littlebird faces a maximum of life in prison, a $250,000 fine and three years of supervised release on the murder charge, and a maximum 10 years in prison, a $250,000 fine and three years of supervised release on the strangulation and domestic abuse charges.
In court records filed by the prosecution, Littlebird killed the victim on Feb. 4, 2018 at a shared residence in Birney. Littlebird and the victim were drinking alcohol throughout the day and were drunk. Another individual in the house heard a confrontation between the two and the victim yell, “No Randy, don’t, don’t,” then her scream, followed by silence.
Littlebird entered the individual’s room and said that the victim was unresponsive. The individual found the victim lying on the floor near a rope. Littlebird claimed the victim had killed herself and he had moved the body.
An autopsy determined the cause of death was ligature strangulation and multiple blunt force injuries.
In an interview with FBI and Bureau of Indian Affairs agents on Feb. 6, 2018, Littlebird confessed to fatally strangling the victim. He admitted to tying ropes around the victim’s ankles to prevent her from leaving and then he left the room. When he returned, the two argued some more. Littlebird grabbed the rope, which was now around the victim’s neck, and while standing, pulled on it, strangling her.
Littlebird has four prior domestic abuse conviction on the Northern Cheyenne Reservation.
Assistant U.S. Attorney Bryan Dake prosecuted the case, which was investigated by the FBI and BIA.
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Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on June 25 was:
Maxwell West, 29, of Billings, on charges of passing/uttering counterfeit obligations or security of the United States. If convicted of the most serious crime, West faces a maximum 20 years in prison, a $250,000 fine and three years of supervised release. He was detained pending further proceedings. The case was investigated by the Secret Service. Pacer case reference. 17-141.
Nicholas John Montano, 34, of Billings, on charges of conspiracy to possess with intent to distribute methamphetamine and possession with intent to distribute meth. If convicted of the most serious crime, Montano faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release. Montano was detained pending further proceedings. The case was investigated by the FBI’s Transnational Organized Crime West unit. Pacer case reference. 18-123.
Appearing on June 27 was:
Byrne Martin Mestas, 62, of Billings, Steven Paul Furlong, 49, of Billings, and Jerry Ray Schuster, 55, of Billings, on charges of conspiracy to possess with intent to distribute meth, and possession with intent to distribute meth. If convicted of the most serious crime, Mestas, Furlong and Schuster face a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release. All three co-defendants were detained pending further proceedings. The case was investigated by the FBI task force and the Eastern Montana High Intensity Drug Trafficking Area Task Force. Pacer case reference. 19-88.
Michael Armando Sanchez, 27, of Bakersfield, Ca, on charges of conspiracy to possess with intent to distribute heroin and possession with intent to distribute controlled substances. If convicted of the most serious crime, Sanchez faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release. Sanchez was detained pending further proceedings. The case was in investigated by the FBI task force and the Eastern Montana High Intensity Drug Trafficking Area Task Force. Pacer case reference. 19-87.
Dawn Marie Davis, also known as Dawn Marie Hinebauch, 33, of Laurel, on charges of conspiracy to possess with intent to distribute meth and distribution of meth. If convicted of the most serious crime,
Davis faces a minimum five years to 40 years in prison, a $5 million fine and at least four years of supervised release. Davis was detained pending further proceedings. The case was investigated by the FBI task force and the Eastern Montana High Intensity Drug Trafficking Area Task Force. Pacer case reference. 19-89.Havalah Anne Ireland, 32, of Billings, on charges of conspiracy to possess with intent to distribute meth and possession with intent to distribute meth. If convicted of the most serious crime, Ireland faces a minimum mandatory 10 years to life in prison, a $10 million fine and at least five years of supervised release. The case was investigated by the FBI task force and the Eastern Montana High Intensity Drug Trafficking Area Task Force. Pacer case reference. 19-83.
Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on June 25 was:
Delwin Paul Calflooking, Sr., 37, of Browning, on charges of assault resulting in serious bodily injury, strangulation and assault resulting in substantial bodily injury to a dating partner. If convicted of the most serious crime, Calflooking faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Calflooking was detained pending further proceedings. The case was investigated by the FBI. Pacer case reference. 19-42.
Appearing on June 26 was:
Nicole Smith, 34, Cut Bank, on charges of possession with intent to distribute. If convicted of the most serious crime, Smith faces a minimum mandatory 10 years to life in prison, a $10 million fine and five years of supervised release. Smith was detained pending further proceedings. The case was investigated by the FBI, Glacier County Sheriff’s Office and Blackfeet Tribal law enforcement. Pacer case reference. 19-46.
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Denver man sentenced to more than 20 years in prison for meth trafficking, firearms crimesRead the Press Release
BILLINGS—Nathan Thomas Trujillo, a Denver resident who admitted to trafficking methamphetamine in the Billings community, was sentenced on June 27 to 20 years and eight months in prison and five years of supervised release, said U.S. Attorney Kurt Alme.
Trujillo pleaded guilty in December to conspiracy to possess with intent to distribute meth, possession with intent to distribute meth and possession of a firearm in furtherance of a drug trafficking crime.
U.S. District Judge Susan P. Watters presided.
In August 2018, drug task force agents began investigating a Billings area dealer, later identified as Trujillo, but who was living under a stolen identity to avoid arrest on an outstanding warrant. Agents made multiple buys from a co-conspirator and learned that Trujillo traveled to Denver to obtain pound quantities for re-distribution in the Billings area.
Agents executed search warrants on Trujillo’s vehicle and apartment. From the vehicle, agents seized about 429 grams, for about 15 ounces, of meth from his vehicle, a 9mm pistol, a digital scale and plastic baggies. The 429 grams of meth is the equivalent of about 3,432 individual doses. Agents also found additional firearms, illegal drugs and drug paraphernalia. From Trujillo’s apartment, agents seized another firearm and more drug paraphernalia.
Assistant U.S. Attorney Colin Rubich prosecuted the case, which was investigated by the Eastern Montana High Intensity Drug Trafficking Area Task Force and the FBI task force.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Billings meth trafficker sentenced to four years in prisonRead the Press Release
BILLINGS—A woman who admitted selling a pound of methamphetamine for $4,500 as part of series of sales was sentenced on Wednesday to four years in prison and five years of supervised release, U.S. Attorney Kurt Alme said.
Ashley Dawn Chesmore, 30, of Billings, pleaded guilty in February to conspiracy to possess with intent to distribute meth and to possession with intent to distribute meth.
U.S. District Judge Susan P. Watters presided.
An investigation beginning in July 2018 by the Eastern Montana High Intensity Drug Trafficking Area Task Force and Drug Enforcement Administration found that Chesmore was distributing drugs, court documents said. A confidential informant and an undercover agent made a total of seven buys from Chesmore, with the last sale involving a pound of meth Chesmore sold for $4,500. A pound of meth is the equivalent of about 3,624 doses.
Investigators learned Chesmore was receiving meth in the mail from a co-conspirator and that one of the parcels came from San Ysidro, CA. All of the meth tested by the DEA was substantially pure.
Assistant U.S. Attorney Colin Rubich prosecuted the case, which was investigated by the Drug Enforcement Administration, FBI, Eastern Montana High Intensity Drug Trafficking Area Task Force and the Billings Police Department.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime
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Attorney General William P. Barr Announces Emergency Funding to Address Public Safety Crisis in Rural AlaskaRead the Press Release
WASHINGTON – Attorney General William P. Barr declared a law enforcement emergency in rural Alaska under the Emergency Federal Law Enforcement Assistance Program today, making $6 million immediately available to the state of Alaska for critical law enforcement needs of Alaska Native villages.
Recognizing that Alaska has the highest per capita crime rate in the country and the unique circumstances of Alaska’s geographical and jurisdictional landscape, the Attorney General authorized additional funding and several long-term measures to support village public safety and victim services.
As the Department develops a comprehensive response to public safety issues in Alaska, Attorney General Barr expressed his commitment to working closely with American Indian and Alaska Native leadership as well as Congressional and state representatives to ensure Departmental solutions are practical and effective. The Attorney General will also travel to an Indian country location in the lower 48 states in the coming months, recognizing the significant public safety challenges that persist for many Native American communities.
“I want to be sure that the support this Department offers to Alaska Native communities will support solutions identified by the communities themselves,” said Attorney General Barr. “The only way for us to provide effective support is to work in partnership with others. This is true in Alaska and throughout Indian country.”
The $6 million in emergency funding from the Office of Justice Program’s Bureau of Justice Assistance (OJP-BJA) will go toward hiring, equipping, and training Village Public Safety Officers (VPSOs), Village Police Officers (VPOs), and Tribal Police Officers (TPOs) working in rural Alaska, as well as for mobile detention facilities.
In addition, the Department of Justice Office on Community Oriented Policing Services (COPS) will award $4.5 million in funding for 20 officer positions, along with equipment and training, to Alaska Native grantees by the end of July.
The Office for Victims of Crime (OVC) and the Office on Juvenile Justice and Delinquency Prevention (OJJDP) will support Children’s Advocacy Centers (CAC) in rural Alaska’s major hubs, which provide wrap-around services, forensic interviews, and medical exams for child victims. OVC and OJJDP have identified up to $14 million in available funding for CACs in Alaska and the lower 48 states.
“In May, when I visited Alaska, I witnessed firsthand the complex, unique, and dire law enforcement challenges the State of Alaska and its remote Alaska Native communities are facing,” said Attorney General Barr. “With this emergency declaration, I am directing resources where they are needed most and needed immediately, to support the local law enforcement response in Alaska Native communities, whose people are dealing with extremely high rates of violence. Today, I am also directing each component and law enforcement agency of the Justice Department to submit plans within the next 30 days to further support federal, state, and tribal public safety efforts in rural Alaska. Lives depend on it, and we are committed to seeing a change in this unacceptable, daily reality for Alaska Native people.”
The Attorney General also announced a Rural Alaska Violent Crime Reduction Working Group, led by U.S. Attorney Bryan Schroder. The Working Group will look for ways to build the capacity of federal, state, and tribal law enforcement in rural Alaska and its work will have a particular emphasis on crimes of domestic violence and crimes against children. BJA is also making an additional $162,000 available to the U.S. Attorney’s Office to establish an additional Project Safe Neighborhoods (PSN) target site encompassing rural Alaska.
Alaska is home to some of the most remote communities in all of America. This geographic isolation contributes to law enforcement problems not seen anywhere else in our Nation. According to one estimate, one-third of Alaskan villages have no local law enforcement personnel at all. According to a 2016 study funded by the National Institute of Justice, more than four in five American Indian and Alaska Native adults have experienced some form of violence in their lifetime, and more than half of all American Indian and Alaska Native women have experienced violence from an intimate partner. The lack of law enforcement resources results in a high violent crime rate, especially in Alaska Native communities.
Additional near-term measures by Department of Justice components include:
- The Office on Violence Against Women (OVW) will issue an award for sexual assault training and technical assistance in Alaska, including training community health aides in Alaska Native villages to perform sexual assault forensic exams and training for victim advocates. The project will include community sexual assault training, which will address coordinated responses to sexual assault across the community. This award will also train village-based victim advocates to accompany victims throughout the process, including prosecution, as appropriate.
- OVC is extending their application deadline for the Crime Victim Fund tribal set-aside solicitation (part of the $167 million available to tribes for victim services in FY 2019) to Aug. 16, 2019. This money may be used to fund direct services and advocacy, domestic violence shelters, rape crisis services, children advocacy programs, and elder abuse programs.
- BJA is extending their application deadline to July 15, 2019, for programs that target mental health/drug addiction, reentry initiatives, and community crime reduction.
- The COPS Office has two grant programs that it will reopen to afford Alaska the opportunity to apply:
- The Anti-Methamphetamine Program (CAMP) is open to state law enforcement agencies with multijurisdictional reach and interdisciplinary team (e.g., task force) structures, in states with high seizures of precursor chemicals, finished methamphetamine, laboratories, and laboratory dump seizures.
- The COPS Anti-Heroin Task Force (AHTF) Program is open to state law enforcement agencies with multi-jurisdictional reach and interdisciplinary team (e.g., task force) structures, in states with high per capita rates of primary treatment admissions.
As the Department develops a comprehensive response to public safety issues in Alaska, Attorney General Barr expressed his commitment to working closely with American Indian and Alaska Native leadership as well as Congressional and state representatives to ensure Departmental solutions are practical and effective. The Attorney General will also travel to an Indian country location in the lower 48 states in the coming months, recognizing the significant public safety challenges that persist for many Native American communities.
“I want to be sure that the support this Department offers to Alaska Native communities will support solutions identified by the communities themselves,” said Attorney General Barr. “The only way for us to provide effective support is to work in partnership with others. This is true in Alaska and throughout Indian country.”
In a memo to all Justice Department component leaders, the Attorney General directed every component and law enforcement agency to submit a plan in the next 30 days to further support these efforts in Alaska, focusing in particular on the following goals:
- Increasing the federal, state, local, and tribal law enforcement presence in Alaska and ways to provide more prosecutorial resources for the criminal cases that will result from increased law enforcement presence;
- Reducing violent crime, especially gun violence;
- Decreasing sexual assaults of women and children;
- Providing better immediate and long-term services to victims of crime;
- Cutting off supplies of methamphetamines, opioids, and other illegal drugs;
- Addressing the problem of alcohol abuse and its role in violent crime and crimes against children;
- Increasing addiction prevention and treatment services to those struggling with addictions to drugs and alcohol;
- Providing adequate detention facilities in remote locations; and,
- Incorporating technology into law enforcement efforts to improve response times and decrease travel costs for victims and witnesses.
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Firearms violations sends Miles City man to prisonRead the Press Release
BILLINGS—A Miles City man who admitted possessing stolen and shortened firearms in Billings and Miles City was sentenced today to 45 months in prison and three years of supervised release, said U.S. Attorney Kurt Alme said.
Chet Joseph Leatherberry, 35, pleaded guilty in February to possession of stolen firearms and to possession of unregistered firearms.
U.S. District Judge Susan P. Watters presided.
The prosecution said Leatherberry violated firearms laws through a series of offenses. In December 2016, Leatherberry possessed a stolen .380-caliber pistol in Billings. Yellowstone County sheriff’s deputies found the pistol next to Leatherberry’s bed while serving a search warrant on his residence for stolen goods. During the search, officers also found stolen electronic equipment, methamphetamine and drug paraphernalia. Leatherberry told officer that he took the pistol from two people who wanted to sell it, had a few potential buyers and thought it was stolen. The pistol’s lawful owner lives in Bozeman and didn’t realize the gun was gone until he was called by law enforcement.
Leatherberry also admitted that he possessed three modified or shortened firearms in Miles City in July 2018 and additionally possessed two stolen pistols a month later. When arrested on an outstanding warrant in August 2018, Leatherberry told Miles City law enforcement that he had two handguns in a backpack at the time of his arrest. The investigation found that both of the handguns were loaded and had been stolen.
Assistant U.S. Attorney Paulette Stewart prosecuted the case, which was investigated by the Yellowstone County Sheriff’s Office, Billings Police Department, Miles City Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Attorney General’s Advisory Subcommittee on Native American Issues Meets to Discuss Violent Crime in Indian CountryRead the Press Release
The Native American Issues Subcommittee convenes on June 25 at the Eisenhower Executive Office Building to discuss violent crime in Indian Country during the U.S. Attorney's National Conference in Washington, D.C.WASHINGTON – Attorney General William P. Barr’s Advisory Subcommittee on Native American Issues (NAIS) convened this week during the U.S. Attorney’s National Conference in Washington, D.C., to discuss a wide range of justice issues affecting Indian Country, announced U.S. Attorney Trent Shores, Chair, and U.S. Attorney Kurt Alme, Vice Chair.
“The Native American Issues Subcommittee is focused on reducing violent crime against women and children in Indian Country, including missing and murdered indigenous persons,” said U.S. Attorney Trent Shores. “I am thankful for Attorney General Barr’s leadership on these issues. He understands the law enforcement and jurisdictional challenges faced by Native Americans and Alaska Natives. We look forward to working with him and with our federal, tribal, state and local partners to find viable solutions that will improve public safety in Indian country.”
On Tuesday, the NAIS met with Tara Katuk Mac Lean Sweeney, Assistant Secretary of Indian Affairs, Department of the Interior, and discussed cross-agency collaboration in order to provide more responsive and effective justice services to Indian Country. They further discussed Indian Country case investigations, case intake and tracking databases, and tribal law enforcement resource allocation. The NAIS also reviewed President Trump’s priorities for Indian Country justice. Those priorities include protecting Native American children in the Indian Health Services system, collaboration among Department of Justice, the Department of the Interior, and tribal law enforcement agencies, reducing violent crime, and providing services to help victims to overcome trauma.
On Wednesday, Trent Shores, NAIS Chair and U.S. Attorney for the Northern District of Oklahoma, moderated a panel titled Murdered and Missing Indigenous Women: A Crisis in Urban America & Indian Country. Panelists included Charles Addington, Director of the Office of Justice Services, Bureau of Indian Affairs; Kurt Alme, U.S. Attorney for the District of Montana; Tracy Toulou, Director of the Office of Tribal Justice; Laura Rogers, Acting Director of the Office on Violence Against Women; and Bryan Vorndran, Deputy Assistant Director of the FBI. The panel discussed the development and implementation of protocols to investigate murdered and missing indigenous persons and how to more accurately measure the scope of the problem in both urban America and Indian Country in order to develop strategies to address it.
In August, the subcommittee is scheduled to reconvene in Indian Country in New Mexico.
The NAIS consists of the approximately 53 U.S. Attorneys serving in districts that include Indian Country or one or more federally recognized tribes. The NAIS focuses exclusively on Indian Country issues, both criminal and civil, and makes policy recommendations to the Attorney General regarding public safety and legal issues that impact tribal communities.
The NAIS is the longest standing subcommittee to the Attorney General’s Advisory Committee and helps develop, shape, and otherwise implement justice policies affecting Native Americans and Alaska Natives. The NAIS has identified four priority areas: 1) Violent crime 2) Law enforcement resources 3) Drug trafficking and substance abuse, and 4) White collar crime.
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Billings man sentenced on firearms crime after hiding pistol under child’s car seatRead the Press Release
BILLINGS—A Billings man who was convicted of illegally possessing a firearm after he attempted to hide a semi-automatic pistol under a child’s car seat was sentenced today to two years in prison and to three years of supervised release, said U.S. Attorney Kurt Alme.
Justin John Kraft, 44, pleaded guilty in February to being a prohibited person in possession of a firearm.
U.S. District Judge Susan P. Watters presided.
Kraft was charged after a traffic stop on June 29, 2018 by a Billings Police officer. Kraft was a passenger in the car and a child was in a car seat. Court records filed in the case said that as the officer approached the car, he noticed Kraft attempt to push something under the child’s car seat. A second officer who also responded noticed a pistol grip under the child’s car seat. Both officers drew their service weapons and ordered everyone out of the car. The firearm under the car seat was a 9mm semi-automatic pistol with a partially obliterated serial number.
Kraft told investigators he had purchased the gun for $200 from a kid off the street and that serial number was removed when he bought it. Kraft was prohibited from possessing firearms because of a felony drug conviction in Yellowstone County in 2011.
Assistant U.S. Attorney Bryan Dake prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Wolf Point man sentenced in drunken driving fatal crashRead the Press Release
GREAT FALLS— Wolf Point resident Andrew Preston Martell, who admitted he had been driving drunk when he crashed his vehicle and killed a passenger on the Fort Peck Indian Reservation last October, was sentenced on June 20 to 40 months in prison and to three years of supervised release, U.S. Attorney Kurt Alme said.
Martell, 32, pleaded guilty in March to involuntary manslaughter.
U.S. District Judge Brian M. Morris presided.
Prosecutors said the crash occurred at about 10 p.m. on Oct. 1, 2018 on a county road known as Swimming Pool Road, near Wolf Point. Martell had been drinking alcohol heavily throughout the evening and was driving around the reservation with two female passengers. Martell drove off the straight road and crashed in a ditch. The vehicle rotated and rolled end over end coming to rest on the driver’s side. All three occupants were trapped in the vehicle and had to be extricated by emergency responders. One of the passengers was impaled by a crutch in the vehicle and died at the scene. Martell’s blood alcohol concentration was about 0.182 percent.
Assistant U.S. Attorney Cassady Adams prosecuted the case, which was investigated by the FBI, Montana Highway Patrol, Wolf Point Police Department and Fort Peck Tribes Law Enforcement.
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Fatal stabbing sends Lame Deer man to prison for six yearsRead the Press Release
BILLINGS—Lame Deer resident Darrell Lee Whiteman, Jr., who admitted to fatally stabbing a person during an argument on the Northern Cheyenne Indian Reservation, was sentenced today to 73 months in prison and three years of supervised release, U.S. Attorney Kurt Alme said.
Whiteman, 29, pleaded guilty in February to voluntary manslaughter.
U.S. District Judge Susan Watters presided.
Prosecutors said evidence would show that on March 4, 2017, Whiteman was at a Lame Deer residence, drinking with others. Whiteman got into an argument with his girlfriend, and the victim told Whiteman to stop. Whiteman and the victim then got into a fight that was broken up by another person.
The victim went to the kitchen for a drink of water, and Whiteman grabbed a knife from the kitchen. The fight between the two continued. Whiteman reached around another individual who was in between the two and stabbed the victim once in the chest. Whiteman left the residence and the victim later died.
Assistant U.S. Attorney Bryan Dake prosecuted the case, which was investigated by the FBI.
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Culbertson man sentenced for strangulationRead the Press Release
GREAT FALLS— A Culbertson man who admitted to strangling a woman during an argument in a vehicle on the Blackfeet Indian Reservation in September 2018 was sentenced on June 20 to 22 months in prison and to two years of supervised release, U.S. Attorney Kurt Alme said.
Elijah Blaine Eagleman, 24, pleaded guilty to strangulation in March.
U.S. District Judge Brian M. Morris presided.
Prosecutors said evidence would show that on Sept. 8, 2018, Eagleman hit and strangled the victim near Browning, on the Blackfeet Reservation. The victim lost consciousness after Eagleman choked her with his left forearm and does not recall being hit in the face by Eagleman. The victim said in a statement that the two of them had been arguing.
A law enforcement officer responded after a woman reported to law enforcement that she had stopped at a domestic assault at the intersection of U.S. Highways 2 and 89, at the Y, near Browning. She said a man was on top of a woman, who appeared to be trying to wave her down. The officer approached the vehicle and saw that the victim, who was the driver, had fresh bruises on her face and was crying. The victim was treated at the Indian Health Service and released the next morning.
In an interview with an agent, the victim said Eagleman had wrapped his forearm around her neck and pulled her backward into his seat, choking her. The agent observed injuries to the victim’s face and neck as being consistent with a strangulation assault.
Assistant U.S. Attorney Paulette Stewart prosecuted the case, which was investigated by the Bureau of Indian Affairs and Blackfeet Tribal Police.
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Garryowen woman sentenced for running over, killing manRead the Press Release
BILLINGS—A Garryowen woman who admitted killing a man by running over him with a minivan as he was walking along a road on the Crow Indian Reservation was sentenced today to 10 years in prison and to five years of supervised release, said U.S. Attorney Kurt Alme.
Vernelle Lynn Badbear, 36, pleaded guilty in October to second degree murder in the November 2016 death of the victim.
U.S. District Judge Susan Watters presided.
Court records filed by the prosecution said that a highway road painter found a body on Highway 451 near Wyola on Nov. 12, 2016. The body was identified through tattoos. Knowing that the deceased had been in a relationship with Badbear and lived nearby, law enforcement officers began an investigation with her.
Badbear initially told investigators she and the victim had argued on Nov. 4, he had left the house and that she had not seen him since. After further questioning, Badbear admitted she had run over the victim.
Badbear admitted that she got upset with the victim because he was drinking alcohol when he was supposed to watch the children. The victim left the house and began walking down the road. Badbear admitted driving after the victim in her minivan, hitting him and then running over him. An autopsy determined the cause of death was blunt force trauma consistent with having been hit and run over by a vehicle and that it would have taken some time for the victim to die.
Assistant U.S. Attorney Lori Suek prosecuted the case, which was investigated by the FBI.
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Deputy Attorney General Recognizes District EmployeeRead the Press Release
Montana U.S. Attorney Kurt Alme, left, and Assistant U.S. Attorney Mark Smith at the 2019 Department of Justice Deputy Director's Award Ceremony in Washington D.C.WASHINGTON – Assistant U.S. Attorney Mark Smith of the U.S. Attorney’s Office in the District of Montana was one of 172 members of the Department of Justice recognized by Deputy Attorney General Jeffrey Rosen, and Executive Office for U.S. Attorneys (EOUSA) Director James Crowell, IV at the 35th Director’s Awards Ceremony today in Washington D.C.
The District of Montana was one of 31 districts represented at the ceremony which was held in the Great Hall at the Robert F. Kennedy Department of Justice Building. AUSA Smith was recognized for his work on a case involving public access for a popular trail into the Lee Metcalf Wilderness.
In his prepared remarks, Deputy Attorney General Rosen told the awardees, “Today’s honorees have earned the esteem of their colleagues. But most importantly, you have earned the gratitude of your fellow citizens — whose communities you have made safer, whose lives you have improved, and whose trust you have rewarded.”
In his prepared remarks, EOUSA Director Crowell said, “The Department of Justice is in truth a deployed force. Your work isn’t easy, but it is vital to the functioning and enduring nature of our democracy. As federal prosecutors, we are held to a higher standard, a standard that requires us to ensure that we uphold the rule of law and the fundamental rules of fairness in every trial, every settlement, every plea, and every legal argument in which we are involved.”
In the public access case, 9th U.S. Circuit Court of Appeals in June affirmed a ruling by U.S District Judge Sam E. Haddon that the Forest Service possessed an easement by prescription for itself and the public on a trail known as the Indian Creek Trail, in the Madison Ranger District of the Beaverhead-Deerlodge National Forest. The trail provides public access into the Lee Metcalf Wilderness.
AUSA Smith argued the case before the Circuit Court.
“Mark and his team worked tirelessly on behalf of the United States to protect the rights of the public to access and enjoy public lands. This award is well deserved,” said U.S. Attorney Alme.
The case began in 2014 when the Wonder Ranch, LLC, sued the United States under the Quiet Title Act, claiming that the trail, which crosses its 80-acre parcel east of Cameron, was used by the public by permission of the landowner, and that no public right of access existed. The United States countersued, claiming that a prescriptive easement across the Wonder Ranch for the public and the Forest Service to use the trail had been clearly established through many decades of stock, recreational and commercial use.
After an eight-day trial in 2016, the District Court ruled for the government that a public easement had been established and maintained through generations of use of the trail.
EOUSA provides oversight, general executive assistance, and direction to the 94 United States Attorneys’ offices around the country. For more information on EOUSA and its mission, visit http://www.justice.gov/usao.
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Child porn conviction sends Helena man to prison for 10 yearsRead the Press Release
HELENA—A Helena man who admitted receiving child pornography was sentenced today to 121 months in prison and to a lifetime of supervised release, said U.S. Attorney Kurt Alme.
William Sears Stebbins, 63, pleaded guilty in April to receipt of child porn.
Senior U.S. District Judge Charles Lovell presided. Judge Lovell also ordered Stebbins to pay $21,000 restitution and to forfeit a tablet.
The case began in September 2018 when agents from the Helena Internet Crimes Against Children Task Force got a CyberTipline report from Google that a user had uploaded child porn files, prosecution court records said. Google also provided information that Stebbins was the user of the email account.
An investigation found that the email account had about 6,000 child porn images and that Stebbins, who had worked in Bozeman, had recently moved to Helena to live with a relative. A search of the relative’s home found that Stebbins was in a camper in the yard. Agents seized a tablet found in the camper, and a search of the tablet determined that it contained about 900 images child porn. Stebbins admitted to investigators that the email account was his.
Assistant U.S. Attorney Tom Bartleson prosecuted the case, which was investigated by the FBI, the Helena Police Department, the Internet Crimes Against Children Task Force and Homeland Security Investigations.
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Four sentenced in stolen Great Falls fireworks investigationRead the Press Release
GREAT FALLS—Four men convicted in the 2017 theft of explosives intended for a Fourth of July fireworks display in Great Falls were sentenced this week to terms ranging from probation to prison, U.S. Attorney Kurt Alme said.
The defendants each pleaded guilty earlier this year to crimes associated with the theft of $18,000 worth of commercial fireworks from a trailer in Great Falls. The explosives were intended to be used at the City of Great Falls’ Fourth of July display. On July 3, 2017, a man called the Great Falls Police Department to report that someone had stolen the fireworks. The man had locked the trailer but when he arrived at the trailer during evening of July 3, he noticed someone had cut the lock.
U.S. District Judge Brian M. Morris presided at the sentencings.
On June 12, Judge Morris sentenced Kris Harding, 48, of Sun Prairie, to three years of probation and to 200 hours of community service. Harding pleaded guilty to being a prohibited person in possession of explosives. Harding was prohibited from possessing explosives because of a prior felony conviction.
Judge Morris also sentenced Rand Emineth, 27, of Great Falls, to 18 months in prison, three years of supervised release and 200 hours of community service. Emineth pleaded guilty to possession of stolen explosives.
On June 13, Judge Morris sentenced Shevyn Eugene Marshall, 35, of Great Falls, to six months in prison, three years of supervised release and 400 hours of community service. Marshall pleaded guilty to possession of stolen explosives.
Judge Morris also sentenced William James Outten, 27, of Great Falls, to 16 months in prison, three years of supervised release and 200 hours of supervised release. Outten pleaded guilty to possession of stolen explosives.
On July 4, 2017, law enforcement began receiving information about the fireworks theft and that Harding may have been involved, the prosecution said. A witness told investigators that he helped Harding and Outten, who was Harding’s roommate, unload about a dozen totes of fireworks from Harding’s pickup truck into their living room in Sun Prairie.
Law enforcement found fireworks in Harding’s pickup and a label on the explosives identified that they were from a Helena company that had supplied the fireworks for the Fourth of July show.
On July 5, 2017, agents received additional information that Emineth was in possession of stolen fireworks. The agents learned that Emineth had arrived at a home in Great Falls on the evening of July 2, 2017 and unloaded plastic tubes that contained fireworks and detonator devices. Officers went to the home and found Emineth, who told them Outten had been trying to rid of fireworks and had called him to inform him that police had searched the Sun Prairie home.
In addition, a man went to the Great Falls Police Department on July 11, 207 and wanted to turn in stolen fireworks. The man said Emineth had come to his home mid-day on July 2, 2017 and wanted to store bags in his shed. The man told officers that Emineth placed five bags in the shed and left. The man then learned about the stolen fireworks, went to the shed and found the fireworks along with yellow plastic control boxes. The man took the bags, which contained fireworks with the same label as the Helena company’s, to the police station.
And on July 12, 2017, another man contacted the police and said that co-defendant Marshall had provided him with some of the stolen fireworks and that he wanted to return them to the police department. The man dropped off the fireworks and agents found that they too, contained the Helena company’s label. The man told police that Marshall asked him if he wanted to buy fireworks. The man asked if the explosives were the stolen fireworks mentioned on the news, and Marshall said that they were. Marshall told the man he had paid $100 for the fireworks and showed him the explosives. Marshall admitted to officers that Emineth had approached him about the stolen fireworks and had placed them in the car he was driving but that they did not exchange money.
Assistant U.S. Attorney Jessica Betley prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Great Falls Police Department.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Former Rocky Mountain Bank official charged with fraud, money laundering and blackmailRead the Press Release
BILLINGS—Stephen Phillip Casher, a former Rocky Mountain Bank official, pleaded not guilty to multiple crimes in an alleged scheme to defraud the bank, U.S. Attorney Kurt Alme said today.
An indictment charges Casher, 45, of Billings, with two counts of bank fraud, one count of money laundering and one count of blackmail. The indictment is merely an accusation, and Casher is presumed innocent until proven guilty.
U.S. Magistrate Judge Timothy J. Cavan presided and continued Casher’s release pending further proceedings.
If convicted of the most serious crime, Casher faces a maximum 30 years in prison, a $1 million fine and five years of supervised release.
The indictment alleges Casher, who was Rocky Mountain Bank’s market president, defrauded the bank in September 2014 by approving a bank loan to Larry “L.J.” Price, for which Price was a guarantor, without disclosing the existence to the bank of other outside loans that Casher had arranged and was aware of. The indictment further alleges that Casher in February 2016 approved a bank loan to an entity controlled by Price without disclosing to the bank additional outside loans he and others had made to Price and without disclosing information concerning Price’s true net worth and cash liquidity.
The indictment also alleges Casher engaged in a monetary transaction that involved property derived from the bank fraud and that he demanded and received interest in real estate from an individual under a threat of informing about a violation of the law.
Pacer case reference. 19-65.
The progress of this may monitored through the U.S. District Court calendar and the PACER system. To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Ex-Law enforcement officer admits theft from Fort Peck Tribes, tax evasionRead the Press Release
GREAT FALLS – A former Fort Peck Tribes law enforcement officer admitted on Monday to defrauding the tribes of $40,000 in a scheme where he proposed a program to help youth but spent the money on himself, U.S. Attorney Kurt Alme said today.
Willard Wilson White, III, 43, of Glasgow, pleaded guilty to wire fraud and to income tax evasion. White faces a maximum of 20 years in prison, a $250,000 fine and three years of supervised release.
U.S. District Judge Brian M. Morris set sentencing for Sept. 25 and continued White’s release.
In court records filed by the prosecution, White was employed as a law enforcement officer for the Fort Peck Tribes. In June 2015, White approached the tribe’s Law and Justice Committee with a proposal to create a facility and programs to help youth who were separated from families through incarceration. White said he needed a total of $40,000 to establish the proposed Family Justice Center. White posted about the project on Facebook.
Prosecutors said evidence showed that White spent the money in less than 30 days and provided no services to the Fort Peck Tribes. Bank records indicated that White had $32.39 in his bank account before depositing the tribe’s money. The day of the deposit, White went to Williston, N.D., and withdrew $305 from Whisper’s, which is a local strip club. White continued spending money at retail stores and also bought a Jeep. In addition, White withdrew more than $11,000 in cash, all in less than three weeks.
Various tribal members saw White posting on Facebook and spending the money and instructed White to return the leftover money. White never did, and he did not provide any services to the tribe.
The investigation also showed that White omitted on a 2015 tax return the $40,000 of income from the tribes. He also claimed dependents he was not entitled to claim. White filed six returns, which were rejected because the claimed dependents already were claimed by someone else. On a seventh attempt, White used an unclaimed child and Social Security number. White used children to obtain a $5,860 refund while paying nothing in federal tax. White’s tax evasion efforts resulted in him owing $10,184 to the IRS.
Assistant U.S. Attorneys Ryan Weldon and Karla Painter prosecuted the case, which was investigated by the Fort Peck Tribes and the Department of Interior’s Office of Inspector General.
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Poplar man sentenced in death of infantRead the Press Release
GREAT FALLS—Poplar resident Dennis Red Boy, who admitted causing the death of an infant who would not stop crying, was sentenced on Wednesday to five and one-half years in prison and to two years of supervised release. U.S. Attorney Kurt Alme said.
Red Boy, 28, pleaded guilty in February to involuntary manslaughter in the Aug. 15, 2017 death of a six-month old baby girl in Poplar on the Fort Peck Indian Reservation.
U.S. District Judge Brian M. Morris presided. Judge Morris also ordered $3,500 restitution.
The prosecution said in court records that Red Boy was taking care of children when the infant would not stop crying. He placed the baby on her back, then flipped her over by her foot. He then placed a heavy blanket over her. When he returned about an hour later, the infant was dead. Red Boy initially told law enforcement that the baby had choked on a bottle then admitted that story was incorrect.
Assistant U.S. Attorney Ryan Weldon prosecuted the case, which was investigated by the FBI.
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Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on June 6 was:
Terry Lynn Braine, 54, of Ashland, on charges of assault resulting in serious bodily injury. If convicted of the most serious crime, Braine faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Braine was detained. The case was investigated by the Bureau of Indian Affairs. Pacer case reference. 19-64.
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Box Elder man sentenced in domestic assaultRead the Press Release
GREAT FALLS—A judge on Wednesday sentenced a Box Elder man to eight months in prison and three years of supervised release in the assault of his domestic partner on the Rocky Boy’s Indian Reservation, U.S. Attorney Kurt Alme said.
Larry Ray Denny, Jr., 46, pleaded guilty in January to domestic assault by habitual offender.
U.S. District Judge Brian M. Morris presided.
The assault occurred on Oct. 15, 2017, the prosecution said in court records. The victim told law enforcement that Denny had hit her. The victim had swelling on an eye, blood on her forehead and red marks on her neck. Denny had two prior domestic assault convictions.
Assistant U.S. Attorneys Cassady Adams and Ryan Weldon prosecuted the case, which was investigated by the FBI and Chippewa Cree Law Enforcement.
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Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on May 30 was:
Julian Tyler Baughman, 36, of Billings, on charges of possession with intent to distribute methamphetamine, prohibited person in possession of a firearm and possession of a firearm in furtherance of a drug trafficking crime. If convicted of the most serious crime, Baughman faces a minimum mandatory 10 years to life in prison, a $10 million fine and five years of supervised release. Baughman was detained pending further proceedings. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Pacer case reference. 19-63.
Appearing in Missoula before U.S. Magistrate Judge Jeremiah C. Lynch and pleading not guilty on May 30 was:
Gage Lawrence Carnefix, 22, of Bozeman, on charges of distribution of child pornography, receipt of child porn and possession of child porn. If convicted of the most serious crime, Carnefix faces a minimum mandatory five years to 20 years in prison, a $250,000 fine and five years to life of supervised release. Carnefix was detained pending further proceedings. The case was investigated by Homeland Security Investigations, the Helena Police Department and the Montana Internet Crimes Against Children Task Force. Pacer case reference. 19-10.
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Big Sandy man sentenced to year in prison on gun crime after high-speed chaseRead the Press Release
GREAT FALLS—Big Sandy resident Joe Don Demontiney, who admitted to illegally possessing a firearm, was sentenced to one year and one day in prison and to three years of supervised release on May 30, U.S. Attorney Kurt Alme said.
Demontiney, 37, pleaded guilty in January to being a felon in possession of a firearm.
U.S. District Judge Brian M. Morris presided.
The prosecution said in court records that Demontiney led the Montana Highway Patrol on a high-speed chase that began on May 23, 2018 on Highway 87 between Big Sandy and Box Elder. The trooper saw a large cloud of black smoke coming from the rear of a Honda Civic that Demontiney was driving and thought the car was on fire. The trooper pursued the Honda, which had been stolen in Great Falls three days earlier. Speeds reached at least 98 mph before Demontiney finally came to a stop on a county road. Inside the vehicle, the trooper saw drug paraphernalia and a black pry bar. Ultimately, the trooper seized a semi-automatic rifle and a semi-automatic pistol from the car. Demontiney, who had a prior felony conviction in state District Court, was prohibited from possessing firearms.
Assistant U.S. Attorney Jessica Betley prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Montana Highway Patrol.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Project Safe Neighborhoods Missoula County one-year results show violent crime downRead the Press Release
MISSOULA—In the 12 months that Project Safe Neighborhoods, a federal initiative, has been at work in Missoula County, violent crime has fallen significantly as law enforcement has dismantled drug trafficking rings, seized methamphetamine and firearms, and prosecuted nearly 70 federal and state offenders, top federal, state and local prosecutors announced today.
Since PSN launched in May 2018, murder, robberies and aggravated assaults in Missoula County, as reported by the Missoula County Sheriff’s Office and Missoula Police Department, decreased by 18.1 percent. At least 60 fewer people were the victim of violent crimes than in the previous 12 months.
U.S. Attorney Kurt Alme, Montana Department of Justice’s Communications Director John Barnes and Missoula County Attorney Kirsten Pabst discussed the PSN results during a news conference at the U.S. Attorney’s Office in Missoula.
PSN is a reinvigorated U.S. Department of Justice initiative that targets the most violent criminals in high-crime areas and works with federal, state and local law enforcement and community partners to reduce crime. PSN Missoula County has focused on arresting and prosecuting armed robbers, meth traffickers and felons with firearms.
“PSN in Missoula County is paying off. Violent crime has dropped sharply.” Attorney Alme said. “The numbers show that the hard work by all of our federal, state and local law enforcement, prosecutors and probation and parole officers is making a real difference in the community. To further drive down the violent crime rate, we need to continue getting the most dangerous offenders off the street and we need to reduce the demand for meth,” he said.
“Federal, state, and local cooperation through Project Safe Neighborhoods has reduced Missoula’s violent crime rate,” Montana Attorney General Tim Fox said, in a statement from Helena. “Through targeted enforcement we have saved lives, taken significant quantities of meth off of the streets, seized deadly weapons from criminals, and brought many of the worst offenders to justice. I am grateful to all of the law enforcement agencies and personnel participating in these efforts and I look forward to continuing this collaborative work in the future.”
Before PSN, the City of Missoula’s violent crime rate had increased 49 percent from 2011 to 2017. Methamphetamine was identified as a primary cause of the increase in violent crime.
In the 12 months PSN has been in effect, Missoula’s murders, robberies and aggravated assaults have fallen 18.1 percent to 271 crimes, continuing a decline of 4.9 percent, or 331 crimes, reported for the prior 12 months. Until then, violent crime had been generally increasing.
Since May 1, 2018, the U.S. Attorney’s office has charged 43 defendants with federal meth trafficking, armed robbery and firearms offenses.
In addition, 20.5 pounds of meth, representing 74,292 doses and having an estimated $656,000 street value, have been seized in the federal cases. Law enforcement officers also have seized 44 firearms, including three semi-automatic assault-style rifles. The U.S. Marshals Service Violent Offender Task force has served 330 federal and state warrants on violent offenders in Missoula County.
Since last May, Missoula County has charged 26 persons with state meth or heroin possession, assault with a weapon, burglary, deliberate homicide and strangulation crimes.
“PSN’s greatest accomplishment is that it has bridged a historical gap, bringing all of the key players to the same table to work together, sharing information with the goals of identifying Missoula’s most dangerous offenders, focusing our resources on those who present the greatest risk and eliminating red tape and duplicative efforts,” said County Attorney Pabst. “The Missoula County Attorney’s Office is pleased to be part of this effort to make our neighborhoods safer,” Pabst said.
In addition to continuing its enforcement strategy to further cut the violent crime rate, PSN will work to reduce the demand for meth. In Yellowstone County, where PSN also has been in initiated, a coalition of nonprofit and government organizations, called Yellowstone Substance Abuse Connect, is developing a community plan to reduce the demand for meth through prevention and treatment. Once completed later this year, the plan will be available for other Montana communities, like Missoula, to use and tailor for their needs.
PSN Missoula County’s partners include the U.S. Attorney’s Office; Missoula County Attorney’s Office; Montana Department of Justice’s Prosecution Services Division, Highway Patrol and the Division of Criminal Investigation; the Montana Department of Correction’s Adult Probation and Parole Division; the Missoula Police Department; the Missoula County Sheriff’s Office; Alcohol, Tobacco, Firearms and Explosives; Drug Enforcement Administration; FBI, Homeland Security Investigations and the U.S. Marshal’s Service.
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Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on May 20 was:
Christopher Lee Minor, 33, of Billings, on charges of prohibited person in possession of a firearm. If convicted of the most serious crime, Minor faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Minor was detained. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Pacer case reference. 19-72.
Appearing on May 21:
Matthew Robert-Jefferson Miller, 31, of Billings, on charges of prohibited person in possession of a firearm. If convicted of the most serious crime, Miller faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Miller was detained. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Pacer case reference. 19-71.
Thomas Kent Stevens, 29, of Billings, on charges of production of child pornography and possession of child porn. If convicted of the most serious crime, Stevens faces a minimum 15 years to 30 years in prison, a $250,000 fine and five years to life of supervised release. Stevens was detained. The case was investigated by the FBI. Pacer case reference. 19-55.
Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on May 22 was:
Christopher Harwood Mason, 55, of Browning, on charges of assault by striking, beating or wounding. If convicted of the most serious crime, Mason faces a maximum one year in prison, a $100,000 fine and one year of supervised release. Mason was released pending further proceedings. The case was investigated by the Glacier County Sheriff’s Office and the Blackfeet Law Enforcement Services. Pacer case reference. 19-31.
Appearing before U.S. District Judge Brian M. Morris and pleading not guilty on May 23 was:
Pascasio Proano-Dominguez, 48, of Mexico, on charges of illegal reentry. If convicted of the most serious crime, Proano-Dominguez faces a maximum two years in prison, a $250,000 fine and three years of supervised release. He was detained pending further proceedings. The case was investigated by the U.S. Border Patrol and U.S. Customs and Border Protection. Pacer case reference. 19-39.
Appearing in Missoula before U.S. Magistrate Judge Jeremiah C. Lynch on a complaint on May 20 was:
Robert David Barclay Jr., of Pocatello, Idaho, on charges of possession with intent to distribute methamphetamine. If convicted of the most serious crime, Barclay faces a minimum mandatory five years to 40 years in prison, a $5 million fine and four years of supervised release. Barclay was detained pending further proceedings. The case was investigated by the Missouri River Drug Task Force and the FBI’s Montana Regional Violent Crime Task Force. Pacer case reference. 19-34.
Appearing on May 22 was:
Barbara Brown, 29, of Missoula, on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute meth and possession of a firearm during a drug trafficking offense. If convicted of the most serious crime, Brown faces a minimum mandatory 10 years to life in prison, a $10 million fine and a minimum five years of supervised release. Brown was detained pending further proceedings. The case was investigated by the Drug Enforcement Administration, Homeland Security Investigations and the Missoula High Intensity Drug Trafficking Area Task Force. Pacer case reference. 19-23.
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Kalispell man gets 12 years in prison for meth, firearms crimesRead the Press Release
BILLINGS—A Kalispell man who admitted drug trafficking and firearms crimes after law enforcement seized meth from his Billings hotel room last year was sentenced today to 12 years in prison and to five years of supervised release, U.S. Attorney Kurt Alme said.
Christopher Scott Hurst, 30, pleaded guilty in December to possession with intent to distribute meth and to possession of a firearm in furtherance of a drug trafficking crime.
U.S. District Judge Susan P. Watters presided.
Prosecutors said in court records that Hurst was arrested on Feb. 27, 2018 at a Billings hotel. Agents with the Eastern Montana High Intensity Drug Trafficking Area Task Force served a search warrant on Hurst’s room and seized about a half-ounce of meth and $1,488 cash. After the search, hotel staff found a handgun that had been missed in the initial search.
Hurst told investigators that he had been getting meth, heroin and cocaine from two persons in California and that these persons had been bringing large quantities of drugs to Billings for months. Hurst also admitted he had been getting four to eight ounces of meth almost every day for months.
In addition, a witness who was familiar with Hurst’s activities told agents he had repeatedly seen Hurst with firearms and meth and that Hurst had traded firearms for meth on several occasions.
Assistant U.S. Attorney Colin Rubich prosecuted the case, which was investigated by the FBI, EMHIDTA and Billings Police Department.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Garryowen man admits involuntary manslaughter, assault charges in vehicle crashRead the Press Release
BILLINGS – A Garryowen man this week admitted involuntary manslaughter and assault charges stemming from an August 2018 vehicle crash that killed one passenger and injured two other passengers on the Crow Reservation, U.S. Attorney Kurt Alme said.
Gus Oldbear III, 20, pleaded guilty on May 21 to involuntary manslaughter and to two counts of assault resulting in serious bodily injury.
U.S. District Judge Susan P. Watters presided. Oldbear faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release on the assault charge and a maximum eight years in prison, a $250,000 fine and three years of supervised release on the manslaughter charge. Watters released Oldbear pending sentencing.
Prosecution evidence in court records said that Oldbear was driving a truck on a secondary highway between Wyola and Lodge Grass at about 4 a.m. on Aug. 10, 2018 when it left the road, hit a ditch and rolled. One of the three passengers in the truck died as a result of the crash, while the other two suffered serious injuries.
Oldbear and the three passengers, and an additional person, had been drinking and driving around most of the day on Aug. 9 and evening of Aug. 10. The additional person was dropped off in Wyola immediately before the crash. Oldbear admitted in an interview that he had been drinking but claimed that the cause of the crash was him falling asleep. A blood test taken from Oldbear at the time of crash determined he had a blood-alcohol concentration of .123 percent.
An autopsy performed on deceased person confirmed the cause of death was blunt force trauma caused by the crash. Both of the surviving passengers suffered spinal fractures and other fractures and lacerations.
Assistant U.S. Attorney Lori Suek prosecuted the case, which was investigated by the FBI.
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Mexican citizen sentenced in Billings drug case in which agents seized 34 pounds of methRead the Press Release
BILLINGS—A Mexican citizen convicted in an investigation in which law enforcement seized 34 pounds of meth, worth an estimated $1.5 million, from a hotel room was sentenced to 57 months in prison and five years of supervised release on Wednesday, U.S. Kurt Alme said.
Jorge Luis Mendez-Sanchez, 35, of Mexico, pleaded guilty in January to possession with intent to distribute meth.
Thirty four pounds of meth is the equivalent of about 123,216 doses and has an estimated street value of $1.54 million.
U.S. District Judge Susan Watters presided.
Prosecutors said in court records that a confidential informant for the Eastern Montana High Intensity Drug Trafficking Area Task Force learned in July 2018 from a source of meth named Oscar that a relative was flying to Billings from Salt Lake City to conduct the sale of 35 pounds of meth. The meth was coming from Oscar’s associates, who included Mendez-Sanchez and co-defendant, Aldo Pardini.
Agents identified another co-defendant, Jose Jesus Islava-Lopez, as Oscar’s relative and followed him from the Billings airport to a Billings hotel. Islava-Lopez checked into a room and met with Pardini in the parking lot. Pardini and Mendez-Sanchez, who were staying together in a separate room, had transported the meth for the proposed sale together from Arizona in Pardini’s car.
Agents detained Islava-Lopez in the lobby. Islava-Lopez told the agents that Oscar had directed him to fly to Billings for a job, rent a room at the hotel and meet a person in a car in the parking lot. After meeting Pardini in the parking lot, Islava-Lopez went to the room shared by Pardini and Mendez-Sanchez and took a suitcase Pardini gave him back to his own room. Investigators served search warrants on both hotel rooms and the vehicle and found about 34 pounds of meth in Islava-Lopez’s room.
Islava-Lopez and Pardini have pleaded guilty in the case and are awaiting sentencing.
Assistant U.S. Attorney Colin Rubich prosecuted the case, which was investigated by the FBI Task Force and Eastern Montana High Intensity Drug Trafficking Area Task Force.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Meth possession for distribution sends Billings man to prison for 10 yearsRead the Press Release
BILLINGS—Billings resident Keith Alan Rose, who admitted to methamphetamine trafficking crimes, was sentenced to 10 years in prison on May 16, U.S. Attorney Kurt Alme said.
Rose, 48, pleaded guilty earlier to conspiracy to possess meth for distribution and to possession with intent to distribute meth.
U.S. District Judge Susan Watters presided.
The prosecution said in court documents that an investigation of Rose began in November 2016 when the Billings Police Department received an anonymous email reporting that Rose, also known as “Rabbit,” had been trafficking meth in Billings. Law enforcement officers developed probable cause to search Rose’s house, which they did after getting a search warrant. Officers found meth, paraphernalia, concealment cans, ledgers, plastic baggies and a digital scale along with ammunition.
Assistant U.S. Attorney Lori Suek prosecuted the case, which was investigated by the FBI’s Transnational Organized Crime –West Task Force and the Eastern Montana High Intensity Drug Trafficking Area Task Force.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Missoula before U.S. Magistrate Judge Jeremiah C. Lynch and pleading not guilty on May 15 was:
Aaron Matthew Manning, 29, of Bozeman, on charges of distribution of child pornography, transportation of child porn and receipt of child porn. If convicted of the most serious crime, Manning faces a minimum five years to 20 years in prison, a $250,000 fine and five years to life of supervised release. Manning was detained. The case was investigated by the Bozeman Police Department, the Gallatin County Sheriff’s Office, Homeland Security Investigations and the Internet Crimes Against Children Task Force. Pacer case reference. 19-11.
Bruce Alan Gagne, 59, of Bozeman, on charges of receipt of child pornography. If convicted of the most serious crime, Gagne faces a minimum five years to 20 years in prison, a $250,000 fine and five years to life of supervised release. Gagne was released pending further proceedings. The case was investigated by the Bozeman Police Department, Homeland Security Investigations and the Internet Crimes Against Children Task Force. Pacer case reference. 19-12.
Francis Edward Burke, Jr., 25, of Polson, on charges of felon in possession of a firearm. If convicted of the most serious crime, Burke faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Burke was detained. The case was investigated by the Polson Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Pacer case reference. 19-22.
Dominique Autherallen Hamilton, 22, of Helena, and Jada Marie Johnson, 23, of Helena, on charges of bank fraud, wire fraud and aggravated identity theft. If convicted of the most serious crime, Hamilton and Johnson face a maximum 30 years in prison, a $1 million fine and five years of supervised release. Hamilton and Johnson were released pending further proceedings. The case was investigated by the FBI. Pacer case reference. 19-04.
Jeffrey Kenneth Knapp, 41, of Montana City, on charges of felon in possession of a firearm. If convicted of the most serious crime, Knapp faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Knapp was released pending further proceedings. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Pacer case reference. 19-3.
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on May 16 was:
Michael Alan McNulty, 54, of Billings, on charges of conspiracy with intent to distribute and possession with intent to distribute methamphetamine. If convicted of the most serious crime, McNulty faces a minimum mandatory 10 years to life in prison, a $10 million fine and a minimum five years of supervised release. McNulty was detained. The case was investigated by the FBI. Pacer case reference. 19-51.
Harley Matthew Isis McMillan, 24, a transient, on charges of sexual abuse of a minor. If convicted of the most serious crime, McMillan faces a maximum 15 years in prison, a $250,000 fine and five years to life of supervised release. McMillan was released pending further proceedings. The case was investigated by the FBI. Pacer case reference. 19-50.
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Bozeman man sentenced to 16 years on child porn, cyberstalking crimesRead the Press Release
MISSOULA—Bozeman resident Jamie Brock Grubb, who admitted receiving and distributing sexually explicit images of a minor girl and cyberstalking the victim, was sentenced to 16 years in prison on May 16, U.S. Attorney Kurt Alme said.
Grubb, 31, also was sentenced to 20 years of supervised release and ordered to pay $50,000 restitution.
Grubb pleaded guilty in January to a total of 10 counts, including seven counts of distribution of child porn, transportation of child porn, cyberstalking and interception of wire, oral and electronic communications.
Chief U.S. District Judge Dana L. Christensen presided.
Prosecutors said in court documents that in 2011, Grubb was in a relationship with a minor girl and took sexually explicit images of her. While a minor, the girl also took sexually images of herself and sent them electronically to Grubb. Grubb then distributed those images on different websites without the victim’s knowledge from 2015 to 2017.
Gallatin County Sheriff’s Office detectives served search warrants for Grubb’s email account and determined that he had transported the sexually explicit images and a video of the victim by emailing them to himself.
Detectives also analyzed the victim’s smart phone and other smart phones in Grubb’s possession and determined Grubb had placed spytracker software on the victim’s phone without her knowledge. There was evidence of the same software on Grubb’s phone. Detectives also found that Grubb had intercepted the victim’s communications, finding audio recordings of the victim’s phone calls with third parties on his phone.
Assistant U.S. Attorney Cyndee Peterson prosecuted the case, which was investigated by Montana Probation and Parole, the Gallatin County Sheriff’s Office and Homeland Security Investigations and the Internet Crimes Against Children Task Force.
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Missoula man gets prison for drug distribution and firearms possessionRead the Press Release
Missoula—A Missoula man who admitted distributing methamphetamine and other drugs and to having multiple firearms was sentenced today to eight years in prison and to five years of supervised release, U.S. Attorney Kurt Alme said.
Nickolas William Povsha, 24, pleaded guilty earlier to possession with intent to distribute controlled substances and to possession of a firearm in furtherance of a drug trafficking crime.
Chief U.S. District Judge Dana L. Christensen presided at sentencing.
Prosecutors said in court records that Povsha twice sold a confidential informant MDMA, commonly known as ecstasy, in April and May 2018. And in July 2018, pursuant to a federal search warrant, two packages belonging to Povsha were intercepted and searched. One package contained more than 50 grams of pure methamphetamine and the other contained marijuana seeds. A third package was searched at a later date and was found to contain Xanax.
Law enforcement also executed a search warrant at Povsha’s residence in August 2018 and found multiple firearms, ammunition, drugs, a scale and other items.
Assistant U.S. Attorney Tara Elliott prosecuted the case, which was investigated by the Missoula High Intensity Drug Trafficking Area Task Force and Homeland Security Investigations.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Libby tax evader sentenced to probationRead the Press Release
MISSOULA—Libby resident Candace Hessel Cummings, who admitted to not paying income taxes, was sentenced today to five years of probation and ordered to pay $48,516 restitution, U.S. Attorney Kurt Alme said.
Cummings, 65, pleaded guilty to tax evasion in January.
Chief U.S. District Judge Dana L. Christensen presided.
Prosecutors said in court records that Cummings failed to report income of about $140,188 in 2012, which produced a tax loss of $35,096, and income of about $52,500 in 2013, which produced a tax loss of $13,420.
In late 2011, Cummings became the financial caretaker for a person who was unable to care for herself. Adult Protective Services assigned a power of attorney to Cummings on the individual’s behalf. APS told Cummings she needed to keep track of receipts for expenses she paid for the individual, and Cummings agreed to serve as a fiduciary without compensation.
In 2012 and 2013, Cummings used the individual’s money for personal expenses and failed to report the money as income on her own tax returns.
In 2013, after several suspicious transactions involving the individual’s certificates of deposit and savings bonds, the bank contacted APS and local law enforcement. APS revoked Cummings’ power of attorney based on the suspicious activity.
Assistant U.S. Attorney Timothy Racicot prosecuted case, which was investigated by the IRS’s Criminal Investigation Division.
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Armed casino robbery sends Billings man to prison for 10 yearsRead the Press Release
BILLINGS—A Billings man convicted by a jury in the armed robbery of Dotty’s Casino last year was sentenced today to 10 years in prison, five years of supervised release and ordered to pay $3,424 restitution, U.S. Attorney Kurt Alme said.
A jury in January found Antonio Francisco Gutierrez, 36, guilty of three counts, including robbery affecting commerce, brandishing a firearm in furtherance of a crime of violence and being a felon in possession of a firearm.
U.S. District Judge Susan Watters presided in the case.
Prosecutors alleged that on Feb. 5, 2018, Gutierrez asked co-defendant, Christopher Esrey, to drive him to Dotty’s Casino, on Montana Sapphire Drive, near Shiloh Road, to meet a friend to “get some money.” The pair arrived at the casino at about 11:43 p.m. Esrey waited in the car while Gutierrez entered the casino wearing a hood, hat and facemask. He tried to open the inner door but it was locked. Gutierrez pushed a buzzer to summon a casino attendant, who motioned for him to remove his clothing before she unlocked the inner door.
Gutierrez mimed as if he was going to remove the items and the attendant opened the door and began walking back to her station, prosecutors alleged. When the attendant unlocked the door, Gutierrez stopped removing his face coverings, took a pistol from his coat pocket, cocked it and pointed it at the attendant’s back. The attendant, who was pregnant, complied with Gutierrez’s instruction to empty the till.
Gutierrez got into the idling vehicle, and the attendant reported the robbery to the Billings Police Department. Officers located Gutierrez and Esrey at another casino.
Esrey pleaded guilty to accessory after the fact and was sentenced to 15 months in prison and to three years of supervised release.
Assistant U.S. Attorneys Colin Rubich and Tom Godfrey prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Billings Police Department.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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U.s. Attorney Recognizes Police Week with Montana Peace Officers Memorial Day in HelenaRead the Press Release
Montana Department of Justice photo Montana U.S. Attorney Kurt Alme acknowledges and thanks law enforcement officers for their service at Montana Peace Officers Memorial Day in Helena.BILLINGS— U.S. Attorney Kurt Alme today recognized the service and sacrifice of federal, state, local, and tribal police officers on the occasion of National Police Week, which is being observed Sunday, May 12 to Saturday, May 18, 2019.
Speaking at the 2019 Montana Peace Officers Memorial Day at the Montana State Capitol, Alme said he was honored to pay respect to the sworn law enforcement officers across Montana and the country who put their lives at risk every day and night to keep the public and our communities safe.
In October 1962, President Kennedy proclaimed May 15 National Peace Officers Memorial Day and the week in which it falls National Police Week. Police Week recognizes the service and sacrifice of U.S. law enforcement officers and pays special recognition to those who have died in the line of duty for the safety and protection of others.
“I want to acknowledge the work performed by our federal, state, local, and tribal law enforcement, who often face uncertain and dangerous situations without question and without expectation of thanks. We want them to know they have our unwavering support and appreciation,” Attorney Alme said.
While 106 law enforcement officers were killed in the line of duty across America last year, none of the officers were from Montana, Alme said.
Each year, about 60,000 officers are assaulted, and 17,000 officers are injured.
In recent months, two Montana officers have been injured or assaulted while in the line of duty. Montana Highway Patrol Trooper Wade Palmer, based in Missoula, was shot and severely wounded while pursuing an alleged shooter, and Park County Sheriff’s Deputy Brian Elliott-Pearson was injured in a head-on crash when an oncoming driver veered into his lane and hit him. Both officers have been undergone surgeries and are expected to survive.
“I want to join many across our state in thanking Trooper Palmer and Deputy Elliott-Pearson, and their families, for their sacrifice for our safety,” Attorney Alme said.
For more information about other National Police Week events, please visit www.policeweek.org.
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Eleven state fraud spree that targeted Kmart stores sends woman to prisonRead the Press Release
HELENA—A woman who stole approximately $219,980 from Kmart stores in 11 states, including Montana, was sentenced to prison and ordered to pay restitution, U.S. Attorney Kurt Alme said.
U.S. District Judge Sam E. Haddon sentenced Lynada Laticia Mahone, 40, of Chicago, IL, to 45 months in prison and to three years of supervised release. He also ordered $219,980 restitution. Mahone pleaded guilty to wire fraud in December 2018.
Court records filed by the prosecution said that Mahone, beginning in September 2017, went on a four-month fraud spree targeting Kmart stores in 11 states. Mahone stole $219,980 in 56 fraudulent transactions using what she claimed were checks from the federal food voucher program, Women, Infants and Children (WIC), a special supplemental nutrition program. After entering the stores, Mahone used the WIC checks at the teller stations because Kmart does not run them through the check verification process when an individual presents them to the store.
At the end of the day, however, Kmart realized the teller stations were short on money and that Mahone’s checks were fraudulent. By the time Kmart discovered the fraud, Mahone had already received the goods and gift cards and was long gone. Mahone often made multiple transactions at a single store if the scheme was successful.
Law enforcement arrested Mahone after she was at a Kmart in Tolleson, AZ. Mahone possessed various fake driver’s licenses in her purse.
The investigation also uncovered video surveillance images showing Mahone at Kmart stores throughout the country, including in Butte. Mahone also hit Kmarts in Glendive, Helena and Hamilton. Other states involved in the fraud were Wyoming, Idaho, Minnesota, Washington, Oregon, Texas, Oklahoma, Utah, Nevada and Arizona.
Assistant U.S. Attorney Ryan Weldon prosecuted the case, which was investigated by the FBI.
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Project Safe Neighborhoods Yellowstone County one-year results show violent crime increase nearly haltedRead the Press Release
Montana U.S. Attorney Kurt Alme discusses one-year results for Project Safe Neighborhoods Yellowstone County. On display are some of the firearms that have been seized in PSN cases.BILLINGS—In the one year that Project Safe Neighborhoods, a federal initiative, has been at work in Yellowstone County, law enforcement has dismantled methamphetamine trafficking rings, seized hundreds of pounds of methamphetamine and numerous firearms, and prosecuted more than 200 violent offenders, top federal, state and local prosecutors announced today.
The one-year results show that a steadily growing violent crime rate in Yellowstone County has been almost stopped since PSN went into effect.
U.S. Attorney Kurt Alme, Montana Attorney General Tim Fox and Yellowstone County Attorney Scott Twito discussed the PSN results during a news conference at the U.S. Attorney’s Office in Billings.
PSN is a reinvigorated U.S. Department of Justice initiative that targets the most violent criminals in high-crime areas and works with federal, state and local law enforcement and community partners to reduce crime and to develop a substance abuse treatment and prevention strategy. PSN began operating in Yellowstone County in April 2018.
“The significant increases in violent crime in Yellowstone County have almost stopped because of the hard work of our committed federal, state and local law enforcement and prosecutors,” U.S. Attorney Alme said. “Now, to reduce violent crime, we need to continue to get the most dangerous offenders off the street and we need to reduce the demand for meth,” he said.
“The Yellowstone County results of Project Safe Neighborhoods are clear: when it comes to meth and violent crime, enforcement works,” Attorney General Fox said. “The results we have achieved here are due to the commitment and collaboration of federal, state and local law enforcement professionals working in tandem to target the worst offenders and bring them to justice. Our work in Yellowstone County and elsewhere will continue.” he said.
The violent crime rate in Yellowstone County has been increasing every year since 2014. In the 12 months prior to PSN beginning in April 2018, murder, robbery and aggravated assaults had increased almost 26 percent. And in the 12 months before that those crimes had increased by almost 16 percent. In the 12 months since PSN began, the growth in violent crimes has almost stopped, increasing just 1.3 percent.
To date, 170 defendants have been charged with federal meth trafficking, armed robbery and firearms offenses by the U.S. Attorney’s Office.
In addition, 245 pounds of meth, representing almost 890,000 doses and an estimated $11 million street value, have been seized. Law enforcement officers also have seized 212 firearms, including 57 semi-automatic assault-style rifles. The U.S. Marshals Service Violent Offender Task force has served 652 federal and state warrants on violent offenders.
Yellowstone County has filed 12 robbery cases and 22 assault with a weapon or aggravated assault charges.
“The Yellowstone County Attorney’s Office will continue to prosecute these offenders to the fullest extent of the law,” County Attorney Twito said.
PSN will continue its enforcement strategy to drive down the violent crime rate as well as work to reduce demand for meth through the Yellowstone Substance Abuse Connect coalition. The coalition includes 62 nonprofit and governmental organizations working to create a community plan to reduce the demand for meth through prevention and treatment.
PSN Yellowstone County’s partners include the U.S. Attorney’s Office; Yellowstone County Attorney’s Office; Montana Department of Justice’s Prosecution Services Division, Highway Patrol and the Division of Criminal Investigation; the Montana Department of Correction’s Adult Probation and Parole Division; the Billings and Laurel police departments; the Yellowstone County Sheriff’s Office; Alcohol, Tobacco, Firearms and Explosives; Drug Enforcement Administration; FBI, Homeland Security Investigations and the U.S. Marshal’s Service.
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Former U.S. Fish and Wildlife Service employee admits to possessing child pornographyRead the Press Release
BILLINGS – Shawn Thomas Conrad, a former U.S. Fish and Wildlife Service employee, admitted during a hearing today to possessing child pornography last year, U.S. Attorney Kurt Alme said.
Conrad, 48, of Billings, pleaded guilty to one count of possession of child porn. Conrad faces a maximum 10 years in prison, a $250,000 fine and five years to life of supervised release.
U.S. District Judge Susan P. Watters presided at the hearing and continued Conrad’s release. Sentencing is set for Sept. 6.
In court documents filed in the case, an investigation of Conrad for a child pornography crime began in early August 2018 by the Billings Police Department, which is a member of the Montana Internet Crimes Against Children Task Force. Conrad was employed at the time by the USFWS. Based on the same underlying investigation, Conrad’s supervisor went to Conrad’s home on Aug. 4, 2018 and seized an agency vehicle. Conrad said his personal hard drive was in the vehicle and asked for the hard drive. The supervisor did not return it. Conrad asked his supervisor again that evening for his hard drive.
The USFWS obtained a search warrant for the hard drive, which was examined. The BPD also served a search warrant at Conrad’s residence and seized a laptop computer, which was examined. Both the hard drive and laptop contained child porn images of children engaged in sexually explicit conduct.
Assistant U.S. Attorney Cyndee Peterson is prosecuting the case, which was investigated by the Montana Internet Crimes Against Children Task Force, FBI, BPD and USFWS.
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Proclamations Missing and Murdered American Indians and Alaska Natives Awareness Day, 2019Read the Press Release
On Missing and Murdered American Indians and Alaska Natives Awareness Day, we draw attention to the horrible acts of violence committed against American Indian and Alaska Native people, particularly women and children. Too many American Indians and Alaska Natives are the victims of abuse, sexual exploitation, or murder — or are missing from their communities. Some of those missing may be victims of human trafficking. We must work together as a Nation to correct these injustices and ensure the safety of all Americans, particularly our most vulnerable populations.
American Indian and Alaska Native people face alarming levels of violence. Data from the National Institute of Justice and the Centers for Disease Control and Prevention indicate that more than 1.5 million American Indian and Alaska Native women have experienced violence, including sexual violence, in their lifetimes. American Indian and Alaska Native children attempt and commit suicide at rates far higher than those in any other demographic in our Nation, and often endure disproportionately high rates of endemic drug abuse, violence, and crime.
Ending the violence that disproportionately affects American Indian and Alaska Native communities is imperative. Under my Administration, Federal agencies are working more comprehensively and more collaboratively to address violent crime in Indian country, to recover the American Indian and Alaska Native women and children who have gone missing, and to find justice for those who have been murdered. As a result of these ongoing efforts, we are improving public safety, we are expanding funding and training opportunities for law enforcement in Indian country, and we are better equipping them with tools like access to criminal databases. We have also established improved protocols based on our government-to-government relationships with the tribes, and have become more transparent and accountable in our efforts.
Currently, every United States Attorney’s Office with Indian country jurisdiction has developed sexual assault response and multidisciplinary teams to combat sexual assault and abuse of American Indian and Alaska Native women and children. In addition, the Attorney General has developed a working group dedicated to addressing violent crime in Indian country. This working group has made the development of law enforcement strategies for Missing and Murdered Indigenous People (MMIP) a priority, improving human trafficking training and creating law enforcement initiatives for United States Attorneys.
To help address the significant challenges in collecting data regarding missing and murdered American Indian and Alaska Native people, the Department of the Interior’s Bureau of Indian Affairs (BIA) and the Department of Justice (DOJ) partnered together to capture tribal data through new data fields in the National Missing and Unidentified Persons System. DOJ has also expanded the Tribal Access Program (TAP) and Amber Alert in Indian country to make law enforcement more aware of missing persons and to enhance their ability to be responsive to missing persons reports and Sexual Offender Registration and Notification Act (SORNA) registrants in the area. TAP also enables tribal law enforcement to have access to national law enforcement databases and to immediately and directly enter missing persons reports into them. In addition, BIA’s Tribal Justice Support Directorate funds the training of tribal attorneys in prosecuting domestic violence and partner abuse crimes as part of implementing the Violence Against Women Act.
In Fiscal Years 2018 and 2019, DOJ allocated historic amounts of funding to combat violent crime in Indian country, including to the MMIP efforts of the Office on Violence Against Women (OVW). DOJ set aside close to $300 million from the Crime Victim Fund over two years to assist victims of crime in Indian country. It also expanded the Tribal Special Assistant United States Attorney program, which is aimed at reducing violent crime, including violence against women, in Indian country and building important partnerships between Federal and tribal agencies. In addition, DOJ funds the National Indian Country Training Initiative (NICTI), which continues to provide training at the National Advocacy Center and in the field for Federal, State, and tribal criminal justice and social service professionals.
My Administration will continue working to root out injustice and protect each and every person in America. On Missing and Murdered American Indians and Alaska Natives Awareness Day, we pause to raise awareness of unacceptable acts of violence that profoundly harm American Indian and Alaska Native communities. As a Nation, we honor the lives of all missing and murdered American Indians and Alaska Natives, and we reaffirm our commitment to ensuring that violence against these vulnerable Americans shall not be overlooked or tolerated.
NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim May 5, 2019, as Missing and Murdered American Indians and Alaska Natives Awareness Day. I call upon Americans and all Federal, State, tribal, and local governments to increase awareness of the crisis of missing and murdered American Indians and Alaska Natives through appropriate programs and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this third day of May, in the year of our Lord two thousand nineteen, and of the Independence of the United States of America the two hundred and forty-third.
DONALD J. TRUMP
The White House
New York man denies making false statements involving international terrorismRead the Press Release
MISSOULA—A New York City man arrested in April at a Bozeman shooting range today denied charges that he made false statements to the FBI in a terrorism investigation, U.S. Attorney Kurt Alme said.
Fabjan Alameti, 21, of the Bronx, who had recently traveled to Bozeman from New York, pleaded not guilty to a four-count indictment charging him with three counts of false statements to a federal officer in a matter involving terrorism and one count of possession of a firearm by an unlawful user of a controlled substance.
U.S. Magistrate Judge Jeremiah C. Lynch conducted the arraignment and ordered Alameti be detained pending further proceedings. A detention hearing is set for May 15.
If convicted of the most serious crime, Alameti faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release.
Alameti has been in custody since April 3, 2019, when FBI agents arrested him at a shooting range in Bozeman after he allegedly took possession of an M1A firearm he had rented.
Assistant U.S. Attorney Jeff Starnes and Trial Attorney Rebecca Magnone, from the National Security Division’s Counterterrorism Section, are prosecuting the case, which was investigated by the FBI.
Pacer case reference. 19-13. Progress of the case may be monitored through the U.S. District Court calendar and the PACER system. To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Attorney General Fox, U.S. Attorney Alme Announce Joint Missing Persons TrainingRead the Press Release
HELENA — Montana Attorney General Tim Fox and U.S. Attorney Kurt Alme today announced a joint training for local, state, tribal, and federal law enforcement and for the public on missing persons databases and alert systems that can help with missing persons cases across the state, particularly those involving Native Americans.
The event, set for June 12 in Helena, will provide a separate session of instruction for law enforcement on accepting and entering a missing person’s report, while a separate session for the public will provide information on the databases and alert systems and training on using the National Missing and Unidentified Persons System (NamUs) program.
"This training will focus on how all of us in Montana’s law enforcement and criminal justice system will work with our federal and tribal partners to find justice for missing indigenous people in our state, and healing for their families and communities,” Attorney General Tim Fox said. “Because of the jurisdictional divisions in Indian Country, local, state, tribal, and federal law enforcement agencies must work together. We’re designing this collaborative training specifically for law enforcement, and for tribal government and members of the public, with educational offerings tailored to each of those groups.”
“We are pleased to be working with Attorney General Fox and the Federal Bureau of Investigation to provide this first-ever joint training on missing persons resources for all federal state, local and tribal law enforcement in Montana and for tribal councils and members of the public,” U.S. Attorney Kurt Alme said. “By working together with law enforcement and family and friends to better collect information about missing persons, particularly Native Americans, we can help bring more people home.”
Gerald Gray, Chairman of the Little Shell Tribe of Chippewa Indians and Chairman of the Rocky Mountain Tribal Leaders Council, said, “There are far too many missing persons in the state of Montana, especially among Montana’s tribes; therefore, the Little Shell are happy to support the efforts being put forth by the Montana Department of Justice and the US Attorney’s Office with regard to the Missing Persons Training that will be taking place.”
The training will feature presenters from a variety of federal and state organizations. Trainers from the FBI’s Criminal Justice Information Services, NamUs, the National Center for Missing and Exploited Children, AMBER Alert, and the Montana Department of Justice’s Criminal Justice Information Network, Missing Persons Clearinghouse, Montana Analysis and Technical Information Center, and Office of Victim Services will explain the various databases and alerts, how they work and how law enforcement and the public can use them when someone goes missing.
Lucy Simpson, Director of the National Indigenous Women’s Resource Center (NIWRC), has been invited to give the keynote address. “The NIWRC’s main office is located in Lame Deer, and our staff experienced the disappearance and losses of Henny Scott and Hannah Harris directly as members of that community,” Simpson said. “This localized training of national partners signals a step forward to addressing the disproportionate violence that American Indian people face on a daily basis, including a homicide rate on some reservations that is ten times the national average,” Simpson added.
The joint training is sponsored by the Montana Department of Justice, the U.S. Attorney’s Office for Montana, and the FBI.
The training will be offered free of charge; POST credits for law enforcement officers are pending. Space is limited to 250 attendees; priority will be given to tribal government representatives and law enforcement. For more information, email [email protected] or call DOJ’s Office of Victim Services at 1-800-498-6455 or (406) 444-3653. Online registration is available at www.dojmt.gov/mpt.
Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on April 25 was:
JEREMY AARON SCHULER, 31, of Bellevue, WA, on charges of possession with intent to distribute controlled substances. If convicted of the most serious crime, Schuler faces a minimum mandatory five years to 40 years in prison, a $5 million fine and four years of supervised release. Schuler was detained. The case was investigated by the Drug Enforcement Administration. Pacer case reference. 19-54.
HERMAN ELISEO MENENDEZ, 24, of Billings, on charges of conspiracy to possess with intent to distribute, possession with intent to distribute and distribution of cocaine. If convicted of the most serious crime, Mendenez faces a minimum mandatory 10 years to life in prison, a $10 million fine and five years of supervised release. Menendez was detained. The case was investigated by the Drug Enforcement Administration. Pacer case reference. 19-48.
BLAKE ZELON ISGET, 24, of Billings, on charges of conspiracy to possess with intent to distribute, possession with intent to distribute and distribution of cocaine. If convicted of the most serious crime, Isget faces a minimum mandatory 10 years to life in prison, a $10 million fine and five years of supervised release. The case was investigated by the Drug Enforcement Administration. Pacer case reference. 19-48.
GUS OLDBEAR, III, 20, of Garryowen, on charges of involuntary manslaughter and assault resulting in serious bodily injury. If convicted of the most serious crime, Oldbear faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Oldbear was released pending trial. The case was investigated by the FBI. Pacer case reference. 19-34.
CHRISTIAN DANIEL TAKESENEMY, AKA CHRISTIAN DANIEL YARLOTT, 22, of unknown residence, on charges of theft within Indian Country. If convicted of the most serious crime, Takesenemy faces a maximum five years in prison, a $250,000 fine and three years of supervised release. Takesenemy was detained. The case was investigated by the FBI. Pacer case reference. 19-57.
FRANK BRENT FLYING, SR., 35, of Lame Deer, on charges of assault resulting in substantial bodily injury to a spouse, dating or intimate partner. If convicted of the most serious crime, Flying faces a maximum five years in prison, a $250,000 fine and three years of supervised release. Flying was released pending trial. The case was investigated by the FBI. Pacer case reference. 19-30.
SCOT DONALD PETRIE, 61, of Billings, on charges of conspiracy, coercion and enticement and transportation of a person with intent to engage in criminal sexual activity. If convicted of the most serious crime, Petrie faces a maximum 20 years in prison, a $250,000 fine and five years to life of supervised release. Petrie was released pending trial. The case was investigated by the FBI. Pacer case reference. 19-33.
Appearing on April 22 was:
SHAUN DANIEL NIMOCKS, 41, of Missoula, on charges of conspiracy to possess with intent to distribute methamphetamine and possession with intent to distribute meth. If convicted of the most serious crime, Nimocks faces a minimum mandatory 10 years to life in prison, a $10 million fine and five years of supervised release. Nimocks was detained. The case was investigated by the Eastern Montana High Intensity Drug Trafficking Area Task Force. Pacer case reference. 19-35.
SEBASTION JOEL GUETTER, 20, of Billings, on charges of conspiracy to possess with intent to distribute meth and possession with intent to distribute meth. If convicted of the most serious crime, Guetter faces a minimum mandatory 10 years to life in prison, a $10 million fine and five years of supervised release. Guetter was detained. The case was investigated by the Eastern Montana High Intensity Drug Trafficking Area Task Force, the FBI, the Drug Enforcement Administration and the Billings Police Department. Pacer case reference. 18-129.
MESKA ANN WHITEMAN, 38, of Lame Deer, on charges of prohibited person in possession of a firearm. If convicted of the most serious crime, Whiteman faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Whiteman was detained. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Pacer case reference. 19-23.
JAMES ALEXANDER LAFORGE, 23, of Lame Deer, on charges of failure to register as a sex offender. If convicted of the most serious crime, LaForge faces a maximum 10 years in prison, a $250,000 fine and five years to life of supervised release. LaForge was detained. The case was investigated by the U.S. Marshals Service. Pacer case reference. 19-49.
Appearing in Missoula before U.S. Magistrate Judge Jeremiah C. Lynch and pleading not guilty on April 23 was:
CHARLES GIBSON BAILEY, 32, of West Yellowstone, on charges of prohibited person in possession of firearms and ammunition, possession of a destructive device and manufacture of a destructive device. If convicted of the most serious crime, Bailey faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Bailey was detained. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the West Yellowstone Police Department. Pacer case reference. 19-9.
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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DEA prepares for prescription drug take back across MontanaRead the Press Release
U.S. Attorney Kurt Alme will join the Drug Enforcement Administration on April 27th for its 17th National Prescription Drug Take Back Day. The biannual event will be held from 10 a.m. to 2 p.m., at 35 collection sites across Montana. The event is an effort to rid homes of potentially dangerous expired, unused, and unwanted prescription drugs.
“This is the single most important step we can take in Montana to prevent more opioid abuse,” said U. S. Attorney Alme. “Prevention is the best cure for addiction,” he said.
“We know that many first-time abusers of pain killers get them from a friend or relative, including from home medicine cabinets,” said DEA Montana Resident Agent in Charge Stacy Zinn-Brittain. “We have learned that pill experimentation has begun with our students in our high schools located in both Billings and Laurel,” Zinn-Brittain said.
Rates of prescription drug abuse in the U.S. are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. According to the Centers for Disease Control and Prevention, 91 Americans die each day from an opioid overdose.
Last October Americans turned in 457 tons (900,000 pounds) of prescription drugs at almost 6,000 sites operated by the DEA and more than 4,800 of its state and local law enforcement partners. Montanans turned in 3,470 pounds of pills at the October event.
The disposal service is free and anonymous, no questions asked. (The DEA cannot accept liquids, needles, or sharps, only pills or patches.) Flushing medications down the toilet or throwing them in the trash pose safety and health hazards. This initiative addresses the public safety and public health issues that surround medications languishing in home cabinets, becoming highly susceptible to diversion, misuse, and abuse.
For more information or to locate a collection site near you, go the DEA Prescription Drug Take Back Day web site at https://takebackday.dea.gov/#collection-locator where you can search by zip code, city, or state.
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Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Missoula before U.S. Magistrate Judge Jeremiah C. Lynch and pleading not guilty on April 16 was:
JUDITH JOHANNA COSSETTE, 66, of Kalispell, on charges of murder for hire. If convicted of the most serious crime, Cossette faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Cossette was released pending trial. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Pacer case reference. 19-16.
Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on April 18 was:
TYRUS EUGENE BROCKIE, 19, of Hays, on charges of sexual abuse of a minor. If convicted of the most serious crime, Brockie faces a maximum of 15 years in prison, a $250,000 fine and five years to a lifetime of supervised release. Brockie was detained. The case was investigated by the FBI. Pacer case reference. 19-26.
JEREMY DAVIS WING, 40, of Lodgepole, on charges of domestic abuse by habitual offender. If convicted of the most serious crime, Wing faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Wing was detained. The case was investigated by the FBI. Pacer case reference. 19-27.
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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California woman convicted in meth case sentenced to 18 months in prisonRead the Press Release
GREAT FALLS—A California woman was sentenced to 18 months in prison and to two years of supervised release on April 18 after Toole County sheriff’s deputies stopped her for speeding and ultimately found a mustard-covered package of methamphetamine that was hidden a cooler.
Karina Victoria Ruiz-Rosales, 24, of Lancaster, Calif., pleaded guilty earlier to possession with intent to distribute meth.
U.S. District Judge Brian M. Morris presided.
An investigation began on Oct. 26, 2015 after Toole County Sheriff’s deputies stopped a Honda Accord with California license plates that Ruiz-Rosales was driving for speeding. Ruiz-Rosales gave a confusing account of why she was driving from Los Angeles, Calif., to Cut Bank, prosecution evidence showed. A deputy could see a blue and white cooler in the vehicle but very little luggage. Ruiz-Rosales provided a Mexican voter registration card but had no valid driver’s license, registration or insurance for the car. Deputies impounded the car.
Later the same day, numerous individuals began showing up at the sheriff’s office to retrieve the Honda, prompting officers to become suspicious because Ruiz-Rosales had said she didn’t know anyone in Cut Bank. Deputies had a drug dog sniff the car and the dog alerted near an area by the driver’s door. Law enforcement got a search warrant for the car but did not find any drugs. Officers also examined the cooler but did not notice anything unusual.
Four days later, deputies got a tip that two pounds of meth were hidden inside the cooler’s insulation. Also, another person from California showed up to retrieve the car. Deputies got another search warrant for the cooler, pried off the inside plastic liner and found a bag of meth covered in mustard. The amount of meth seized weighed about 306.4 grams, which is 0.67 pounds and is the equivalent of about 2,448 doses.
sistant U.S. Attorney Jessica Betley prosecuted the case, which was investigated by FBI, Toole County Sheriff’s Department and the Russell Country Drug Task Force.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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California man sentenced for trafficking oxycodone on Rocky Boys ReservationRead the Press Release
GREAT FALLS—A California man who admitted supplying prescription pain pills for distribution on the Rocky Boys Indian Reservation was sentenced on April 18 to 92 months in prison and to three years of supervised release, U.S. Attorney Kurt Alme said.
Devon Draper, 45, of Los Angeles, Calif., pleaded guilty earlier to conspiracy to distribute and possess with intent to distribute oxycodone and to conspiracy to commit money laundering.
U.S. District Judge Brian M. Morris presided.
Prosecutors presented evidence of a conspiracy to traffic oxycodone pills on the Rocky Boys Reservation that occurred in 2017 and 2018. In September 2017, Draper and co-defendant, Isaiah Standingrock, were pulled over in a vehicle on the reservation. During a consent search, law enforcement found $22,500 in cash. Officers seized Draper’s phone, got a search warrant for its contents and found information that showed extensive conversations between Draper and Standingrock about the sale of oxycodone on the reservation.
As part of the investigation, Standingrock told investigators in July 2018 that Draper had come to the reservation eight to 10 times since December 2017, had provided about 2,500 prescription pills during that period and had just flown to Los Angeles with about $15,000. Agents arrested Draper at the Los Angeles airport and seized $14,141 from his bag, including $470 in marked funds from the investigation.
Standingrock pleaded guilty in the case and is awaiting sentencing. A third defendant, Charly McLain Rosette, was sentenced to three years in prison and to three years of supervised release.
Assistant U.S. Attorney Brendan McCarthy prosecuted the case, which was investigated by the Drug Enforcement Administration and the Tri-Agency Task Force.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Billings man sentenced to 15 years for meth, firearmsRead the Press Release
BILLINGS—Billings resident Joshua Jock Clause who admitted to trafficking large amounts of methamphetamine and to possessing firearms was sentenced today to 15 years in prison and to five years of supervised release, U.S. Attorney Kurt Alme said.
Clause, 36, pleaded guilty in November to possession with intent to distribute meth and to possession of a firearm during a drug trafficking crime.
U.S. District Judge Susan P. Watters presided.
A meth investigation beginning in June 2018 led to Clause as a person who was importing large amounts of meth to the Billings area from a California source. Prosecution evidence said an arrest warrant was issued for Clause and law enforcement surveilled his residence. The Billings Police officers pulled over Clause and arrested him on his federal warrant. Officers found he had cash and a cell phone. Agents also executed a search warrant of Clause’s residence and found $17,000 cash, an SKS rifle and a handgun. Officers also found evidence that occupants had been trying to dispose of meth down the toilet.
A confidential informant told agents a few days later that, following Clause’s instruction from jail, the informant went to the house and located about 12 pounds of meth in a cooler outside of the residence that officers had missed during their search. The meth was taken to another person. Twelve pounds of meth is the equivalent of about 43,488 doses.
Another informant admitted to receiving 20 pounds, which is the equivalent of about 72,488 doses, of meth directly from Clause and said that Clause had multiple people selling drugs for him.
Assistant U.S. Attorney Colin Rubich prosecuted the case, which was investigated by the Eastern Montana High Intensity Drug Trafficking Area Task Force, the Drug Enforcement Administration, FBI and Billings Police Department.
The case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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