District of North Dakota
Press releases recorded for this federal judicial district.
Oklahoma Man Sentenced for Child Pornography ChargeRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on May 2, 2014, Jeremy Eades, 28, Oklahoma City, Okla., was sentenced by U.S. District Judge Daniel L. Hovland on a charge of possession of materials involving the sexual exploitation of minors. Eades pleaded guilty to the charge on
Jan. 13, 2014.Judge Hovland sentenced Eades to serve 11 years and three months in federal prison, to be followed by 20 years of supervised release. Eades was ordered to pay a $100 special assessment to the Crime Victim’s Fund and must register as a sex offender.
On Jan. 12, 2013, Eades was found to be in possession of visual depictions of minors engaging in sexually explicit conduct. At the time, Eades was residing in Minot.
The case was investigated by Homeland Security Investigations, the Minot Police Department and the North Dakota Bureau of Criminal Investigation, with assistance from the Ward County State’s Attorney’s Office.
This case was brought as a part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.Assistant U.S. Attorney Gary Delorme prosecuted the case.
New Leipzig Man Sentenced for False Statements to MedicaidRead the Press Release
BISMARCK - U.S. Attorney Timothy Q. Purdon announced that on April 28, 2014, Donald A. Hochhalter, 65, New Leipzig, N.D., was sentenced by U.S. District Judge Daniel L. Hovland on a charge of Making or Causing to be Made False Statements or Representations in a matter involving Medicaid. Hochhalter pled guilty to the charge, a misdemeanor, on January 16, 2014.
“Medicaid is designed to help those in need. Because it is funded by a combination of federal and state funds, it is in everyone’s interest to prevent fraud and abuse of the system. Here, state and federal law enforcement worked together to help safeguard Medicaid and to send the message that making misrepresentations to obtain government benefits is a crime, will be prosecuted, and has serious consequences,” said U.S. Attorney Purdon. “Protecting the integrity of the Medicaid program is one of our top priorities, and that includes fighting fraud,” said Maggie Anderson, executive director of the N.D. Department of Human Services. “We are pleased with the collaboration between federal law enforcement and the state because we all share the same interest in making sure taxpayer dollars are spent correctly.”
Judge Hovland sentenced Hochhalter to six months of probation. Hochhalter was ordered to pay a $25 special assessment to the Crime Victim’s Fund. Hochhalter has already paid full restitution in the amount $36,995, which is being returned to the State of North Dakota and the United States Treasury. It is the policy of the United States Department of Justice to seek parallel proceedings – that is both criminal and civil remedies – in appropriate cases. Here, the United States recovered an additional $37,121 from Hochhalter to settle claims under the federal False Claims Act. The False Claims Act calls for up to triple damages, plus monetary penalties, from a person who makes misrepresentations to the government in order to receive federal money or benefits.On February 12, 2009 Hochhalter completed and signed a North Dakota Department of Human Services Application for Assistance for Medicaid on behalf of his mother. In the application, Hochhalter falsely understated the value of assets his mother owned so that she would be eligible to receive Medicaid benefits.
The case was investigated by the North Dakota Department of Human Services and the U.S. Department of Health and Human Services Office of Inspector General. Special Assistant U.S. Attorney Matthew D. Greenley prosecuted the criminal case and Assistant United States Attorney James Patrick Thomas handled the civil matter.
Bismarck Man Sentenced for Coercion & Enticement of a MinorRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on April 28, 2014, Shane M. Walter, 40, Bismarck N.D., was sentenced by U.S. District Judge Daniel L. Hovland on a charge of coercion & enticement of a minor. Walter pleaded guilty to the charge on Jan. 30, 2014.
Judge Hovland sentenced Walter to serve 14 years and seven months in federal prison, to be followed by five years of supervised release. Walter was ordered to pay restitution of $3342.90 and to pay a $100 special assessment to the Crime Victim’s Fund.
From January 2012 until April 2013 Walter communicated with a juvenile by text message and through the Internet. The messages were used to persuade the juvenile to engage in sexual activity.
The case was investigated by the Homeland Security Investigations, the North Dakota Bureau of Criminal Investigation, and the Bismarck Police Department, with the assistance of the Burleigh County State’s Attorney’s Office.
Assistant U.S. Attorney Gary Delorme prosecuted the case.
Dickinson Man Sentenced in Medina Bank RobberyRead the Press Release
FARGO - U.S. Attorney Timothy Q. Purdon announced that on April 23, 2014, Satrone Rashard Boyd, 38, of Dickinson, N.D., was sentenced before U.S. District Judge Ralph R. Erickson to serve 7 ½ years in prison for bank robbery.
On Oct. 25, 2013, at approximately 9:30 a.m., Boyd and codefendant Rendell Charles Hardy forcefully robbed Northland Financial in Medina, N.D. wearing clown masks. After quickly approaching the teller, Boyd demanded money from a bank employee after which the two men fled the scene. Boyd and Hardy later changed vehicles southwest of Medina, N.D., before being identified at a truck stop near the Star Lite Motel in Jamestown, N.D. A surveillance video showed Boyd throwing the masks and a set of keys into the dumpster by the Star Lite Motel. Boyd was later apprehended in Fargo, N.D. Sentencing for Hardy is set for July 1, 2014, at 2:15 p.m. in United States District Court.
Judge Erickson also sentenced Boyd to serve three years of supervised release, to pay $2,670 in restitution and a $100 special assessment to the Crime Victims Fund.
The case was investigated by the Federal Bureau of Investigation together with the Stutsman County Sheriff’s Office, the North Dakota Highway Patrol, the Dickinson Police Department and the Fargo Police Department.
Assistant U.S. Attorney Keith Reisenauer prosecuted the case.
Bismarck Man Sentenced for Child Pornography ChargeRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on April 23, 2014, Erik E. Cryderman, 47, Bismarck, N.D., was sentenced by U.S. District Judge Daniel L. Hovland on a charge of possession of material involving the sexual exploitation of minors. Cryderman pleaded guilty to the charge on Jan. 21, 2014.
Judge Hovland sentenced Cryderman to serve the minimum mandatory 10 years in federal prison, to be followed by 10 years of supervised release. Cryderman was ordered to pay a $100 special assessment to the Crime Victim’s Fund. Cryderman must register as a sex offender.
On March 7, 2012, Cryderman was in possession of visual depictions which showed minors engaging in sexually explicit conduct.
This investigation was conducted by the North Dakota Internet Crimes Against Children Task Force and was a cooperative effort of Homeland Security Investigations, the North Dakota Bureau of Criminal Investigation, and the North Dakota Parole & Probation Office.
This case was brought as a part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.Assistant U.S. Attorney Gary Delorme prosecuted the case.
Grand Forks Man Sentenced for Unlawful Possession of a Firearm and AmmunitionRead the Press Release
FARGO - U.S. Attorney Timothy Q. Purdon announced that on April 21, 2014, Ryan Ronald Mountain a.k.a. Ryan Ronald Edward Mountain 33, from Grand Forks, N.D. was sentenced before U.S. District Judge Ralph R. Erickson to serve 15 years in prison for possession of a firearm and ammunition by a convicted felon.
In Bismarck, United States Attorney Timothy Purdon said: “Convicted felons may not possess firearms and ammunition. Federal penalties for those who would ignore this law are especially severe for felons who have commit crimes of violence and serious drug crimes. The stiff sentence handed out in this case shows that the U.S. Attorney’s Office, the Bureau of Alcohol, Tobacco, and Firearms, and our federal, state, and local law enforcement partners are working together to vigorously enforce these laws.”
Federal firearm statutes prohibit possession of firearms and ammunition by a convicted felon. According to the indictment filed, Mountain was previously convicted of the following felonies: delivery of marijuana in Grand Forks County, N.D. (2001); possession of drug paraphernalia in Grand Forks County, N.D. (2005); terrorizing (two counts) in Grand Forks County, N.D. (2005); aggravated assault in Grand Forks County, N.D. (2005); and aggravated assault in Cass County, N.D. (2005).
Mountain was found in possession of the Hi-Point 9mm pistol and ammunition on July 26, 2013, when Grand Forks Police and the Grand Forks Narcotics Task Force searched a residence in Grand Forks and arrested him on an outstanding warrant from another case. Further investigation by the Grand Forks Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) led to the filing of the Federal firearms charge in U.S. District Court.Judge Erickson sentenced Mountain to 15 years’ imprisonment, the mandatory minimum under Federal law, based upon his five prior felony convictions for either violent crimes or serious drug offenses. Mountain’s sentence of imprisonment will be followed by five years of supervised release. He was also ordered to pay a $100 special assessment to the Crime Victim’s Fund.
The case was investigated by the Bureau of Alcohol, Tobacco and Firearms, Grand Forks Police Department, and Grand Forks Narcotics Task Force (which is comprised of officers from the Grand Forks Police Department, Grand Forks County Sheriff’s Office, North Dakota Bureau of Criminal Investigation, UND Police Department, Homeland Security Investigations, and U.S. Border Patrol), in conjunction with the Grand Forks County State’s Attorney’s Office.
Assistant U.S. Attorney Scott Schneider prosecuted the case.
Minneapolis Man Sentenced to 20 Years in Synthetic Drug ConspiracyRead the Press Release
FARGO – Acting U.S. Attorney Christopher C. Myers announced that on April 14, 2014, Casey Stevens Rosen, 24, Minneapolis, Minn., was sentenced before U.S. District Judge Ralph R. Erickson to serve 20 years in prison for conspiracy to possess and distribute analogues resulting in serious bodily injury or death.
The conspiracy involved the distribution of an illegal substance through an online business called Motion Resources which imported illegal psychedelic hallucinogens from several countries and sold them throughout the United States. Along with co-conspirator Andrew Spofford the hallucinogens were distributed throughout the Grand Forks, N.D., area. At least 13 others have been charged in connection with “Operation Stolen Youth.” Judge Erickson also ordered that Rosen pay a forfeiture of $100,000 in addition to paying $100 special assessment to the Crime Victims Fund and serve five years supervised release.
The case was investigated by Homeland Security Investigations, Drug Enforcement Administration, Food and Drug Administration, North Dakota Bureau of Criminal Investigations, and Grand Forks Police Department.
First Assistant U.S. Attorney Chris Myers prosecuted the cases.
Co-Leader of Moorhead Drug Conspiracy Receives 16 YearsRead the Press Release
FARGO – U.S. Attorney Timothy Q. Purdon announced that on April 14, 2014, David Ramiro Cerna Jr., 37, of Moorhead, Minn., was sentenced before U.S. District Judge Ralph R. Erickson to serve 16 years in prison for aiding and abetting the conspiracy to distribute methamphetamines and marijuana. Judge Erickson also ordered that Cerna Jr. pay a $100 special assessment to the Crime Victims Fund as well as 48 months supervised release.
The conspiracy involved the transportation of kilogram quantities of methamphetamine from Texas that was distributed in the Fargo-Moorhead area.
Co-conspirators also obtained large quantities of marijuana from the Minneapolis area and distributed it throughout the local area.In addition to today’s sentencing, Judge Erickson previously sentenced several other co-conspirators. Sean Ingebretson, of Fargo, N.D., was sentenced on Thursday April 10, 2014, to serve 12 years three months in prison for conspiracy to distribute methamphetamines.
Juan Cerna, David Cerna Jr.’s brother and co-leader of the conspiracy was sentenced on February 12, 2014 to 18 ½ years in prison.Other members previously sentenced from the Cerna organization include; Al Owen Johnson, Cassandra Anne Kasowski, Allison Schrelle Hunter, Jonathan Scott Lewis, Brandon Scott Elsenpeter and Steve Frederick Schmidt. Three other members are awaiting sentencing.
The case was investigated by Homeland Security Investigations, Drug Enforcement Administration, North Dakota Bureau of Criminal Investigations, Fargo and Moorhead Police Departments, and Cass County Drug Task Force.
First Assistant U.S. Attorney Chris Myers and Assistant U.S. Attorney Brett Shasky prosecuted the cases.
Bismarck Man Sentenced for Killing His Brother on the Spirit Lake Indian ReservationRead the Press Release
FARGO - U.S. Attorney Timothy Q. Purdon announced that on April 14, 2014, Orlen Francis Smith, Jr., 26, of Bismarck, N.D., was sentenced before U.S. District Judge Ralph R. Erickson to serve 14 years in prison for voluntary manslaughter, assault resulting in serious bodily injury and assault with a dangerous weapon.
On Feb. 25, 2013, Smith Jr., an enrolled member of the Fort Berthold Indian Reservation, went to the home of his brother, Daniel Smith, located in St. Michael, N.D., on the Spirit Lake Indian Reservation where an altercation occurred between Smith Jr. and his brother, Daniel Smith. Smith Jr. armed with a switchblade knife, swung at his brother striking Daniel in the side of his chest, piercing his heart. Daniel died at the scene. Smith Jr. then attacked two others in the residence, puncturing one person in the forearm with the knife and another individual suffered a laceration on the forehead.
Judge Erickson also ordered Smith to pay restitution in the amount of $11,436.50 and a $300 special assessment to the Crime Victims Fund.
The case was investigated by the Federal Bureau of Investigation.
Assistant U.S. Attorney Janice M. Morley is prosecuting the case.
Bismarck Man Convicted of Child Pornography ChargeRead the Press Release
BISMARCK– U.S. Attorney Timothy Q. Purdon announced that on April 9, 2014, Garron Gonzalez, 38, Bismarck, N.D., was found guilty by a federal jury in U.S. District Court on a charge of attempted sexual exploitation of minors.
Gonzalez attempted to persuade a 15-year-old person to send him sexually explicit visual depictions using a cell phone. The two had met while playing an online video game.
The charge of attempted sexual exploitation of minors carries a mandatory minimum sentence of 25 years in federal prison up to 50 years in federal prison and a $250,000 fine.
The case was investigated by Homeland Security Investigations, the North Dakota Bureau of Criminal Investigation, the North Dakota State Parole & Probation Office, with the assistance of the Morton County State’s Attorney’s Office.
Sentencing for Gonzalez will be scheduled in three to four months in U.S. District Court in Bismarck, N.D.
Assistant U.S. Attorney Gary Delorme is prosecuting the case.
Fargo Man Sentenced for Child Pornography ChargesRead the Press Release
FARGO - U.S. Attorney Timothy Q. Purdon announced that on April 7, 2014, Aaron James Olson, 34, Fargo, N.D., was sentenced to nine years in prison for receipt and possession of child pornography before U.S. District Judge Ralph R. Erickson.
This case came to the attention of law enforcement after a North Dakota Bureau of Criminal Investigation’s special agent assigned to the Internet Crimes against Children Task Force discovered a computer geographically located in North Dakota sharing child pornography through a peer-to-peer network. A search warrant was issued for Olson’s residence where officers seized a computer and 37 DVDs collectively containing more than 300 videos of child pornography. Judge Erickson also sentenced Olson to seven years of supervised release and ordered him to pay a $200 special assessment to the Crime Victim’s Fund.
The case was investigated by Homeland Security Investigations, North Dakota Bureau of Criminal Investigation and the Fargo Police Department.
Assistant U.S. Attorney Jennifer Klemetsrud Puhl prosecuted the case.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.Dickinson Man Pleads Guilty to Bank RobberyRead the Press Release
FARGO – U.S. Attorney Timothy Q. Purdon announced that on April 7, 2014, Rendell Charles Hardy, 41, of Dickinson, N.D., pleaded guilty to bank robbery and possession of a firearm during the commission of a violent crime before U.S. District Judge Ralph R. Erickson.
On Oct. 25, 2013, at approximately 9:30 a.m., Hardy and codefendant Satrone Rashard Boyd forcefully robbed Northland Financial in Medina, N.D., wearing Halloween masks. After quickly approaching the teller, Hardy, in possession of a handgun, demanded money from a bank employee after which the two men fled the scene. Boyd and Hardy used a stolen vehicle as a getaway vehicle. They were identified by video at a truck stop near the Star Lite Motel in Jamestown, N.D. The surveillance video showed them throwing the masks and a set of keys into the dumpster by the Star Lite Motel. Hardy was later apprehended in Dickinson, N.D. Boyd’s sentencing is set for April 14, 2014, at 1:30 p.m. in U.S. District Court.
Judge Erickson set Hardy’s sentencing for July 1, 2014, at 2:15 p.m. in U.S. District Court.The case was investigated by the Federal Bureau of Investigation together with the Stutsman County Sheriff’s Office, the North Dakota Highway Patrol, the Dickinson Police Department and the Fargo Police Department.
Assistant U.S. Attorney Keith Reisenauer is prosecuting the case.
Naytahwaush Man Sentenced for Failure to Report to PrisonRead the Press Release
FARGO - U.S. Attorney Timothy Q. Purdon announced that on March 20, 2014, Jason Thomas Bellanger, 37, Naytahwaush, Minn., was sentenced before U.S. District Judge Ralph R. Erickson to 12 months in prison for Failure to Appear to the Bureau of Prisons facility to begin a term of incarceration.
On June 10, 2013, Bellanger was sentenced before Judge Erickson to a term of incarceration for aiding and abetting the distribution of a controlled substance. Judge Erickson allowed Bellanger to self-report to the designated Bureau of Prison facility no later than 2:00 p.m. on August 19, 2013. Bellanger failed to report and was eventually apprehended by the U.S. Marshal Service on October 11, 2013. The sentence imposed on the Failure to Appear is consecutive to the underlying sentence imposed on June 10, 2013 for the aiding and abetting conviction. Bellanger was also ordered to pay a $100 special assessment to the Crime Victims Fund.
The case was investigated by the United States Marshals Service.
Assistant U.S. Attorney Janice M. Morley prosecuted the case.
Moorhead Husband and Wife Each Receive 18 Year Sentence for Drug Trafficking ConspiracyRead the Press Release
FARGO - U.S. Attorney Timothy Q. Purdon announced that on March 20, 2014, Al Owen Johnson, 45, and Cassandra Anne Kasowski, 39, both from Moorhead, Minn. were sentenced before U.S. District Judge Ralph R. Erickson to serve 18 years in prison for conspiracy to possess with intent to distribute and distribution of a controlled substances. Judge Erickson also ordered both of them to five years supervised release as well as paying $100 special assessment to the Crime Victims Fund.
The conspiracy involved the transportation of kilogram quantities of methamphetamine from Texas that were distributed in the Fargo-Moorhead area. Co-conspirators also obtained large quantities of marijuana from the Minneapolis area and distributed throughout the local area. Other members of the conspiracy already sentenced include Juan Cerna 18 ½ years in prison, Steven Schmidt, five years in prison, Brandon Elsenpeter and Jonathan Lewis three years’ supervised probation and Allison Hunter 24 months’ supervised probation. David Cerna Jr., pleaded guilty during trial and will be sentenced on April 14, at 10:00 a.m. U.S. District Court.
The case was investigated by Homeland Security Investigations, Drug Enforcement Administration, North Dakota Bureau of Criminal Investigations, Fargo and Moorhead Police Departments, Cass County Drug Task Force and Grand Forks Narcotics Task Force.
First Assistant U.S. Attorney Chris Myers and Assistant U.S. Attorney Brett Shasky prosecuted the cases.
Belcourt Man Sentenced for MurderRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on March 20, 2014, Daniel Greatwalker Jr., 24, Belcourt, N.D., was sentenced by U.S. District Judge Daniel L. Hovland on a charge of second degree murder and a charge of altering, destroying, or concealing a tangible object in a federal investigation. Greatwalker pleaded guilty to the charges on Nov. 8, 2013.
Judge Hovland sentenced Greatwalker to 40 years in federal prison, to be followed by five years of supervised release. Greatwalker was ordered to pay a $200 special assessment to the Crime Victim’s Fund and $6060 in restitution.
On Nov. 27, 2012, Greatwalker used a knife to stab a victim multiple times over his entire body, causing his death. Greatwalker then disposed of the knife, washed his clothes, and burned his shoes to conceal his involvement in the death.
The case was investigated by the Bureau of Indian Affairs – Turtle Mountain Agency and the Federal Bureau of Investigation.
Assistant U.S. Attorney Brandi Sasse Russell prosecuted the case.
Man Who Threatened Synagogue in Fargo Pleads Guilty and Sentenced on Civil Rights ChargeRead the Press Release
FARGO - Dominique Jason Flanigan pleaded guilty on March 17, 2014 to threatening a synagogue in Fargo in 2011, North Dakota U.S. Attorney Timothy Q. Purdon and Acting Assistant Attorney General for the Civil Rights Division Jocelyn Samuels announced.
U.S. District Judge Ralph R. Erickson sentenced Flanigan to one year in prison to be followed by one year of supervised release. Flanigan was also ordered to pay a $25 special assessment to the Crime Victims’ Fund.
According to documents filed with the court, on January 4, 2011, Flanigan, also known as Kadafi Al Sadar, called Temple Beth El and left a voice mail message threatening the employees of the synagogue. He was indicted under seal by a grand jury on December 12, 2012, for interfering with a federally protected activity. The indictment charged that Flanigan’s threat intimidated and interfered with Temple Beth El employees because of their religion.
“Religious freedom is a basic civil right, and we are committed to protecting the freedom of all who worship and work at religious institutions,” said Ms. Samuels. “Those who threaten that freedom will be held accountable for their actions.”
“The North Dakota United States Attorney’s Office and the Department of Justice are committed to protecting the civil rights of all North Dakotans,” said Mr. Purdon. “We take civil right violations, such as those present in this case, very seriously and work hard to see that justice is done.”
This case was investigated by the FBI and prosecuted by Assistant United States Attorney Megan A. Healy of the U.S. Attorney’s Office for the District of North Dakota and Trial Attorney Dana Mulhauser of the Civil Rights Division of the U.S. Department of Justice.
Fargo Man Sentenced in Methamphetamine Conspiracy and for Attempted Escape from CustodyRead the Press Release
FARGO - U.S. Attorney Timothy Q. Purdon announced that on March 17, 2014, Earl Russell St. Claire Jr., 24, Fargo, N.D., was sentenced by U.S. District Judge Ralph R. Erickson to serve 25 years in prison for conspiring to possess with the intent to distribute and distribution of a controlled substance and also for attempting to escape from custody on June 15. 2013.
The conspiracy involved the transportation or distribution in excess of 500 g of methamphetamine. St. Claire, Jr. was viewed by the conspiracy as their leader or supervisor and would look to him for guidance in their distribution of the methamphetamine. Judge Erickson also ordered St. Claire, Jr. to serve five years of supervised release and to pay a $200 special assessment to the Crime Victims Fund.
The case was investigated by Homeland Security Investigations, Drug Enforcement Administration, Fargo and Moorhead Police Departments, and Cass County Drug Task Force.
First Assistant U.S. Attorney Chris Myers prosecuted the case.
Houston Man Pleads Guilty to Role in the Deaths of Grand Forks Area TeenagersRead the Press Release
FARGO - U.S. Attorney Timothy Q. Purdon announced that on March 10, 2014, Charles William Carlton, 29, Katy, Texas, pleaded guilty to conspiracy to possess with intent to distribute and distribution of controlled substances and analogues controlled substance resulting in serious bodily injury or death, introduction and delivery of a misbranded drug, and money laundering before U.S. District Judge Ralph R. Erickson.
The conspiracy involved the distribution of illegal analogue controlled substance through Motion Resources, an online business owned by Carlton. Motion Resources imported illegal analogue controlled substance including hallucinogens from several countries and then sold online throughout the United States. Carlton is the 15th defendant to be convicted as part of the investigation, prosecution and dismantling of this drug trafficking organization, an effort that has been dubbed “Operation Stolen Youth.”
Judge Erickson set sentencing for May 27, 2014, at 1:30 p.m. U.S. District Court.
The case was investigated by Homeland Security Investigations, Drug Enforcement Administration, Food and Drug Administration, Internal Revenue Service, North Dakota Bureau of Criminal Investigations, and Grand Forks Police Department.
First Assistant U.S. Attorney Chris Myers is prosecuting the cases.
Fargo Man Sentenced in Bank RobberyRead the Press Release
FARGO - U.S. Attorney Timothy Q. Purdon announced that on March 6, 2014, Abraham Clifford Wilson, 47, of Fargo N.D., was sentenced before U.S. District Judge Ralph R. Erickson to 105 months in prison for bank robbery.
In January of 2013 Wilson entered Cornerstone Bank brandishing a handgun and demanding money from the bank teller. Wilson escaped with $2500 in cash and the stolen vehicle he used in the robbery was located in Glyndon Minn. Wilson led law enforcement officers on a high-speed chase before exiting the damaged vehicle and proceeded to flee on foot before his eventual capture.
Judge Erickson also sentenced Wilson to three years supervised release, and that he repays the $2500 to Cornerstone Bank. Wilson was also ordered to pay $100 special assessment to the Crime Victims Fund in addition to his sentence.
The case involved law enforcement officers from the Moorhead, Dilworth, Glyndon and Fargo Police Departments as well as Cass and Clay County Sheriff’s Departments.
Assistant U.S. Attorney Keith Reisenauer Prosecuted the Case.
Fargo Man Sentenced to 17 ½ Years in Synthetic Drug ConspiracyRead the Press Release
FARGO – First Assistant U.S. Attorney Chris Myers announced that on March 3, 2014, Andrew Michael Spofford, 23, Fargo N.D., was sentenced before U.S. District Judge Ralph R. Erickson, to serve 17 ½ years in prison for his involvement in the drug conspiracy “Operation Stolen Youth.”
On Oct 29, 2012, Spofford pleaded guilty to one count each of; conspiracy to possess with intent to distribute and distribute controlled substances and controlled substance analogues resulting in serious bodily injury and death, possession of an analogue controlled substance with intent to distribute and distribution resulting in death, distribution of an analogue controlled substance resulting in serious bodily injury, possession of an analogue controlled substance with intent to distribute resulting in death, and causing the introduction into interstate commerce of a misbranded drug.
The conspiracy involved the distribution of an illegal substance through an online business called Motion Resources which imported the illegal psychedelic hallucinogen from several countries and sold them throughout the United States. Spofford helped distribute the hallucinogen in the Grand Forks N.D. area. Spofford and at least 12 others have been charged in connection with “Operation Stolen Youth.” Spofford is also ordered to pay $425 special assessment to the Crime Victims Fund in addition to his sentence.
The case was investigated by Homeland Security Investigations, Drug Enforcement Administration, North Dakota Bureau of Criminal Investigations, and Grand Forks Police Department.
First Assistant U.S. Attorney Chris Myers prosecuted the cases.
California Man Sentenced for Defrauding Medicare of $400,000Read the Press Release
FARGO – U.S. Attorney Timothy Q. Purdon announced that on March 3, 2014, Robert Olie, 66, Torrance Calif., was sentenced before U.S. District Judge Ralph R. Erickson, to 12 months of electronic home monitoring and three year’s supervised release for conspiracy to commit health care fraud. Olie was also ordered to pay $417,000 in restitution in addition to $100,000 in forfeiture of assets. Olie was ordered to pay $100 special assessment to the Crime Victims Fund in addition to his sentence.
Olie pleaded guilty on November 18, 2013, for operating Chikanel Medical Supplies in Long Beach Calif., between 2008 and 2009. Chikanel Medical Supplies was a fraudulent durable medical equipment supply company that submitted numerous claims for power wheelchairs that were either not provided to Medicare beneficiaries or were not medically necessary. Olie had submitted more than $1.2 million worth of claims to Medicare through its contractor, Noridian Healthcare Solutions, LLC, formally known as Noridian Administrative Services, a North Dakota based company. As part of its responsibilities to Medicare, Noridian Healthcare Solutions, LLC, processes and pays Medicare claims arising from durable equipment suppliers throughout California.
The case was investigated by Department Health and Human Services, Office of Inspector General, Office of Investigation, and the Federal Bureau of Investigation.
Special Assistant U.S. Attorney Matthew Greenley prosecuted the case.
Wisconsin Man Sentenced for Possessing Child PornographyRead the Press Release
FARGO - U.S. Attorney Timothy Q. Purdon announced that on Feb. 24, 2014, Robert Carey Evans, 58, of Waukesha, Wis., was sentenced by U.S. District Judge Ralph R. Erickson to 10 years in prison on 14 counts of possession of materials containing child pornography. Judge Erickson ordered Evans to pay a $1400 special assessment to the Crime Victim’s Fund and register as a sex offender for life. Evans was found guilty by a 12 person jury on Oct. 25, 2013.
This case came to the attention of law enforcement after a North Dakota Bureau of Criminal Investigations special agent assigned to the Internet Crimes Against Children Task Force discovered two computers geographically located in North Dakota that were sharing child pornography in a peer-to-peer network. A search warrant was issued for Evan’s Fargo apartment where task force officers seized more than 13 hard drives and 43 DVDs containing child pornography. A subsequent forensic examination of this media revealed more than 22,000 images and nearly 1400 videos of child pornography.
The case was investigated by Homeland Security Investigations, North Dakota Bureau of Criminal Investigation and the Fargo Police Department.
Assistant U.S. Attorney Jennifer Klemetsrud Puhl prosecuted the case.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.Investigation Results in Finding that Shooter Acted in Self-defenseRead the Press Release
BISMARCK- U.S. Attorney Timothy Purdon announced today that the U.S. Attorney’s Office, the Federal Bureau of Investigation and the Bureau of Indian Affairs have concluded the investigation into the shooting death of Joel Sherman in Belcourt, N.D., on Nov. 27, 2013. The investigation determined that homicide charges are not appropriate in this matter because the individual who shot Mr. Sherman acted in self-defense.
U.S. Attorney Purdon stated, “Federal law enforcement has concluded its investigation into the shooting death of Joel Sherman. Many, many hours and law enforcement resources were dedicated to this investigation in order to determine exactly what occurred and to ensure that no additional threat to the community existed. At the U.S. Attorney’s Office, we are committed, when appropriate, to communicating the results of investigations into serious incidents like this one to the communities we serve, whether criminal charges are filed or not, so that those communities can be assured that these incidents have been taken seriously and fully investigated by federal law enforcement and the U.S. Attorney’s Office.”
The investigation revealed that, throughout the day of Nov. 26, 2013, Joel Sherman had made several statements and threats to the effect that he had a gun and was going to kill a specific individual. The individual Mr. Sherman identified as being the person he was going to kill was made aware of Mr. Sherman’s statements and threats. In the early morning hours of Nov. 27, 2013, Mr. Sherman arrived armed with a pistol at a residence in Eagle View Housing on the Turtle Mountain Reservation, where the individual he had been threatening to shoot was located and confronted. The two men argued in the residence and then exited the residence and continued the argument. The evidence uncovered in the investigation, including bullet casing locations, bullet holes, and sworn statements from several witnesses present at the scene, establishes that Mr. Sherman first fired several rounds from his pistol at the other individual and that the individual then returned fire. The return fire hit Mr. Sherman, resulting in his death.Moorhead Man and Two Co-defendants Sentenced in Methamphetamine ConspiracyRead the Press Release
FARGO - U.S. Attorney Timothy Q. Purdon announced that on Feb. 12, 2014, Juan Cerna, 26, Moorhead Minn., was sentenced before U.S. District Judge Ralph R Erickson, to 18 ½ years for conspiracy to possess with intent to distribute and distribution of a controlled substance.
The conspiracy involved the transportation of kilogram quantities of methamphetamine from Texas that were distributed in the Fargo-Moorhead area. Co-conspirators also obtained large quantities of marijuana from the Minneapolis area and distributed throughout the local area.
Judge Erickson also sentenced two other members of the Cerna organization for their involvement in the conspiracy. Steven Schmidt, 35, Fargo N.D., was sentenced to five years in the conspiracy, and
Brandon Elsenpeter, 26, Fargo N.D. was sentenced to three years’ probation for his involvement. All three men were ordered to pay $100 special assessment to the Crime Victims Fund in addition to their sentence. Juan’s brother, David Cerna Jr., pleaded guilty during trial and will be sentenced on April 14, at 10:00 a.m. U.S. District Court.The case was investigated by Homeland Security Investigations, Drug Enforcement Administration, North Dakota Bureau of Criminal Investigations, Fargo and Moorhead Police Departments, and Cass County Drug Task Force.
First Assistant U.S. Attorney Chris Myers and Assistant U.S. Attorney Brett Shasky prosecuted the cases.
Devils Lake Man Sentenced to 30 Years for Abusive Sexual Contact at Spirit Lake Indian ReservationRead the Press Release
FARGO – U.S. Attorney Timothy Q. Purdon announced that on Feb. 10, 2014, ErickMcKay, 40, Devils Lake, N.D., was sentenced before U.S. District Judge Ralph R. Erickson, to 30 years in prison on two counts of abusive sexual contact with a minor under the age of 12.
McKay pleaded guilty on Nov.19, 2013, to causing a female child, who had not attained 12 years of age, to have sexual contact with him by the use of threat and force against her.
Judge Erickson sentenced McKay to 15 years on each count of abusive sexual contact. McKay is required to pay $200 special assessment to the Crime Victim’s Fund in addition to his prison sentence.
The case was investigated by the Federal Bureau of Investigation.
Assistant U.S. Attorney Janice M. Morley prosecuted the case.
Fargo Man Pleads Guilty to Possession of Explicit Material Involving MinorsRead the Press Release
FARGO- U.S. Attorney Timothy Q. Purdon announced that on Feb. 5, 2014, Jared Tyler Allen, 27, Fargo, N.D., pleaded guilty to receipt of materials involving the sexual exploitation of minors and possession of materials involving the sexual exploitation of minors. U.S. District Judge Ralph R. Erickson is presiding over the case.
Allen came to the attention of law enforcement after an agent with the North Dakota Bureau of Criminal Investigation, assigned to the Internet Crimes Against Children Task Force, discovered a computer geographically located in North Dakota that was sharing child pornography in a peer-to-peer (P2P) network.
Homeland Security Investigators eventually traced the computer to Allen’s apartment located in South Fargo where task force officers seized two computers, including the computer that was previously seen with child pornography on the P2P network. A subsequent forensic examination of the two computers revealed more than 3,400 images and 175 videos depicting child pornography. Receipt of materials involving the sexual exploitation of minors carries a minimum-mandatory sentence of five years in prison and a maximum penalty of 20 years in prison. Possession of materials involving the sexual exploitation of minors carries a maximum penalty of 10 years in prison.
The case was investigated by Homeland Security Investigations, North Dakota Bureau of Criminal Investigation, and the Fargo Police Department.
Judge Erickson set sentencing for May 12, 2014, at 2:15 p.m. in U.S. District Court in Fargo, N.D.
Assistant U.S. Attorney Jennifer Klemetsrud Puhl is prosecuting the case.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Utah Man Sentenced for Drug ChargeRead the Press Release
BISMARCK– U.S. Attorney Timothy Q. Purdon announced that on Jan. 30, 2014, Rodney L. Kirk, 46, Spanish Fork, Utah, pleaded guilty and was sentenced by U.S. District Judge Daniel L. Hovland on a charge of possession with intent to distribute a controlled substance (methamphetamine).
Judge Hovland sentenced Kirk to serve four years and two months in federal prison, to be followed by three years of supervised release. Kirk was ordered to pay a $100 special assessment to the Crime Victim’s Fund.
In 2011, Kirk moved from Utah to Williston, North Dakota, for employment. Shortly after arriving in North Dakota, he started importing methamphetamine from Utah with the intent to distribute it in North Dakota. On October 18, 2011, law enforcement officials executed a search warrant at Kirk’s residence in Williston and found approximately seven ounces of methamphetamine, with a street value of $15,000 - $20,000.
The case was investigated by the Drug Enforcement Administration, the Williston Police Department and the Northwest Narcotics Task Force.
Assistant U.S. Attorney David Hagler prosecuted the case.
Moorhead Man Pleads Guilty During TrialRead the Press Release
FARGO – U.S. Attorney Timothy Q. Purdon announced that on Jan. 30, 2014, David Ramiro Cerna, Jr., 37, of Moorhead Minn., pleaded guilty during the third day of trial to aiding and abetting the conspiracy to distribute methamphetamines and marijuana. U.S. District Judge Ralph R. Erickson is presiding over the case.
The conspiracy involved the transportation of kilogram quantities of methamphetamine from Texas that was distributed in the Fargo-Moorhead area. Co-conspirators also obtained large quantities of marijuana from the Minneapolis area and distributed it throughout the local area.
Cerna Jr. faces 10 years to life in prison. There have also been 13 defendants now convicted in association with this organization.
The case was investigated by Homeland Security Investigations, Drug Enforcement Administration, North Dakota Bureau of Criminal Investigations, Fargo and Moorhead Police Departments, and Cass County Drug Task Force.
Sentencing is set for April 14, 2014, at 10:00 a.m. U.S. District Court.
First Assistant U.S. Attorney Chris Myers and Assistant U.S. Attorney Brett Shasky are prosecuting the case.
Bismarck Man Sentenced to 15 Years for Receipt of Child PornographyRead the Press Release
BISMARCK– U.S. Attorney Timothy Q. Purdon announced that on Jan. 30, 2014, Steven J. Paul, 59, Bismarck, N.D., was sentenced by U.S. District Judge Daniel L. Hovland on a charge of receipt of materials involving the sexual exploitation of minors. Paul pleaded guilty to the charge on Oct. 23, 2013.
Judge Hovland sentenced Paul to serve 15 years in federal prison, the mandatory minimum sentence, to be followed by 20 years of supervised release. Paul was ordered to pay a $100 special assessment to the Crime Victim’s Fund.
Paul was previously convicted for possession of child pornography and was on probation with the state of North Dakota. In December 2012 Paul was interviewed by probation officers to determine his compliance with his probation conditions. Paul admitted to accessing the Internet to download child pornography.
This case was brought as a part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This investigation was conducted by the North Dakota Internet Crimes Against Children Task Force and was a cooperative effort of Homeland Security Investigations, the North Dakota Bureau of Criminal Investigation, and the North Dakota Parole & Probation Office.
Assistant U.S. Attorney Gary Delorme prosecuted the case.
Operation Pipe Cleaner Results in Drug Trafficking Charges Against 22 IndividualsRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that a total of 22 defendants have been arrested and charged with drug trafficking offenses in federal and state court as a result of Operation Pipe Cleaner.
In Bismarck, U.S Attorney Purdon said, "The arrests made today in Dickinson as a result of Operation Pipe Cleaner show that federal, state and local law enforcement agents and prosecutors are committed to working together to fight increased organized drug distribution activity in the Bakken region. These federal and state charges are the result of a joint investigation led by FBI and North Dakota Bureau of Criminal Investigation and of close collaboration between the U.S. Attorney's Office, the North Dakota Attorney General's Office and the Stark County State's Attorney's Office. The cooperation and collaboration by all involved in Operation Pipe Cleaner can serve as a model for future investigations aimed at dismantling drug trafficking organizations in the oil patch."
Attorney General Wayne Stenehjem said, “The North Dakota Legislature recognized the need for additional resources to be devoted to fighting crime in oil-impacted counties. We are making sure these resources are targeted to make an immediate difference for North Dakota citizens.”
Special Agent in Charge Chris Warrener of the FBI’s Minneapolis Field Office which includes North Dakota said, "Those who seek to engage in criminal activities will not be permitted to act with impunity in the Bakken Oil Patch. The FBI remains committed to assisting our state and local partners in making certain that the safety and well-being of the people of western North Dakota remains a priority."
Those charged in United States District Court, District of North Dakota:
Shelly Anne Winner, 35, Dickinson, N.D., conspiracy to distribute and possess with intent to distribute methamphetamine; distribution of methamphetamine.Travis L. Collins, 33, Dickinson, N.D., conspiracy to distribute and possess with intent to distribute methamphetamine; distribution of methamphetamine.
Todd O. Snyder, 48, Dickinson, N.D., conspiracy to distribute and possess with intent to distribute methamphetamine; distribution of methamphetamine.
Spencer Earl Rogers, 24, Dickinson, N.D., and Bakersfield, Calif., conspiracy to distribute and possess with intent to distribute controlled substances (crack cocaine and cocaine); possession of firearms by a convicted felon; two counts of possession of a firearm and ammunition by a convicted felon; possession of a firearm in furtherance of a drug trafficking crime.
Laverne Taylor, 30, Dickinson, N.D., and Bakersfield, Calif., conspiracy to distribute and possess with intent to distribute controlled substances (crack cocaine and cocaine); two counts of possession of a firearm and ammunition by a convicted felon; possession of a firearm in furtherance of a drug trafficking crime.
Jimmy Lee Stewart Jr., 39, Glen Ullin, N.D., possession of a firearm by a convicted felon.
Alysia Sue Herrick, 29, Dickinson, N.D., conspiracy to distribute and possess with intent to distribute controlled substances (methamphetamine and heroin); tampering with a witness and informant.
Jordan Robert Ward, 21, Arizona, conspiracy to distribute and possess with intent to distribute controlled substances (methamphetamine and heroin).
Jared Robert Millard, a/k/a/ Blue, 24, Dickinson, N.D., conspiracy to distribute and possess with intent to distribute controlled substances (methamphetamine and heroin); tampering with a witness and informant.
Kyle William Stoldorf, 33, Dickinson, N.D., conspiracy to distribute and possess with intent to distribute controlled substances (methamphetamine and heroin).
Jeremy DeWayne Richardson, a/k/a/ Tree, 22, Dickinson, N.D., conspiracy to distribute and possess with intent to distribute controlled substances (methamphetamine and heroin).
Cody Allen Robinson, 25, Las Vegas, Nev., conspiracy to distribute and possess with intent to distribute controlled substances (methamphetamine and heroin).
Steven Frazier, 35, Las Vegas, Nev., conspiracy to distribute and possess with intent to distribute controlled substances (methamphetamine and heroin).
Todd Damien Gore, 36, Bermuda Dunes, Calif., possession of a firearm by convicted felon; conspiracy to distribute and possess with intent to distribute controlled substances (methamphetamine and heroin).
Those charged in North Dakota District Court, Stark County:
Mariesa Giovannetti-Calcote, 23, Minot, N.D., possession of controlled substance (marijuana); possession of controlled substance (oxycontin); possession of drug paraphernalia.Lindsay Haller, 24, Dickinson, N.D., delivery of MDMA (ecstasy); delivery of methamphetamine; possession with intent to deliver (cocaine).
Jameson Millard, 27, Dickinson, N.D., possession of controlled substance (heroin).
Julia Millard, 19, Dickinson, N.D., delivery of controlled substance (oxycodone).
Shelly Warden, 21, Dickinson, N.D., delivery of controlled substance (oxycodone).
Matthew Kubik, 26, Dickinson, N.D., delivery of MDMA (ecstasy); delivery of methamphetamine; possession with intent to deliver (cocaine).
Todd Hicks, 41, Broomfield, Colo., delivery of controlled substance (marijuana, cocaine and heroin).
Krystal Sannicolas, 27, Dickinson, N.D., possession of controlled substance (cocaine); false information to law enforcement.
Purdon stressed that an indictment or complaint is simply the method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
Assistant U.S. Attorney Brandi Sasse Russell is prosecuting the federal cases. The state cases are being prosecuted by State’s Attorney Tom Henning, with assistance from Attorney General Stenehjem’s office.These cases were a joint investigation led by the Federal Bureau of Investigation, North Dakota Bureau of Criminal Investigation, Bureau of Alcohol, Tobacco, Firearms & Explosives, Metro Area Narcotics Task Force, Southwest Narcotics Task Force, Dickinson Police Department, Stark County Sheriff’s Office, Homeland Security Investigations, Drug Enforcement Administration, and Bismarck Police Department.
Nevada Man Sentenced for Voluntary ManslaughterRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on Jan. 24, 2014,Waylon S. Hicks, 22, Schurz, Nev., was sentenced by U.S. District Judge Daniel L. Hovland after having been convicted of a charge of voluntary manslaughter by a federal jury on Sept. 20, 2013.
Judge Hovland sentenced Hicks to nine years in federal prison, to be followed by three years of supervised release. Hicks was ordered to pay restitution of $7043 and a special assessment of $100 to the Crime Victim’s Fund.
On July 20, 2012, Hicks stabbed Jeremiah Sage in the chest while the two were in a motor vehicle parked at the New Town Marina on the Fort Berthold Indian Reservation. According to trial testimony, Hicks exited the vehicle after the initial stabbing, and while the vehicle was in motion, Hicks jumped onto the running board of the vehicle and slashed Sage in the throat twice. Hicks fled on foot and called authorities. The vehicle subsequently caught on fire. Sage’s body was located inside the vehicle after the fire was extinguished. According to testimony from the North Dakota State Medical Examiner, Sage died from the stab wound to the chest.
The case was investigated by the Federal Bureau of Investigation, the Bureau of Indian Affairs – Fort Berthold Agency, the Three Affiliated Tribes Police Department, the Mountrail County Sheriff’s Office, and the North Dakota State Fire Marshal.Assistant U.S. Attorney Rick Volk prosecuted the case.
Dickinson Man Pleads Guilty to Medina Bank RobberyRead the Press Release
FARGO – U.S. Attorney Timothy Q. Purdon announced that on Jan. 21, 2014, Satrone Rashard Boyd, 38, of Dickinson, N.D., pleaded guilty to one count of bank robbery before U.S. District Judge Ralph R. Erickson.
On Oct. 25, 2013, at approximately 9:30 a.m., Boyd and another individual wearing clown masks, forcefully robbed Northland Financial in Medina, N.D. One of the individuals possessed a handgun and brandished it as they entered the bank. After quickly approaching the teller, the two individuals demanded money from a bank employee after which the two men fled the scene. Law enforcement received numerous leads regarding the suspects from several citizens near Medina and Jamestown, N.D. Both men were later apprehended. Boyd was apprehended in Fargo, N.D. His codefendant in the case, Rendell Charles Hardy, was apprehended in Dickinson, N.D.
Judge Erickson set sentencing for April 14, 2014, at 1:30 p.m. U.S. District Court.
The case was investigated by the Federal Bureau of Investigation, along with several state and local law enforcement agencies, including the Stutsman County Sheriff’s Office, Dickinson Police Department, Fargo Police Department and North Dakota Bureau of Criminal Investigation.
Assistant U.S. Attorney Keith Reisenauer is prosecuting the case.
Two Sentenced for Assaulting Federal OfficerRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on Jan. 13, 2014, Adrienne Ducheneaux, 42, and Chad Lavallie, 40, both of Bismarck, N.D., were sentenced by U.S. District Judge Daniel L. Hovland on a charge of assaulting a federal officer. Ducheneaux pleaded guilty to the charge on Oct. 18, 2013. Lavallie pleaded guilty to the charge on Sept. 10, 2013.
Judge Hovland, after acknowledging that Ducheneaux had amassed three months’ credit for time already served, sentenced Ducheneaux to serve an additional seven month split sentence with four months in federal prison and three months in a half-way house, to be followed by three years of supervised release. Ducheneaux was ordered to pay a $100 special assessment to the Crime Victim’s Fund.
Judge Hovland sentenced Lavallie to serve one year and three months in federal prison, to be followed by three years of supervised release. Lavallie was ordered to pay a $100 special assessment to the Crime Victim’s Fund.
On April 13, 2013, Lavallie was the driver of a vehicle, which was stopped by law enforcement officers near Fort Yates. Ducheneaux was a passenger in the vehicle. While a BIA officer was near Ducheneaux’s window, she grabbed the hand and thumb of the BIA officer and twisted his thumb backwards. As the officer was struggling with Ducheneaux, Lavallie stepped on the vehicle’s accelerator, speeding away from the scene. The officer was able to pull his arm free after having taken several steps with the vehicle.
The case was investigated by the Bureau of Indian Affairs – Standing Rock Agency and the Standing Rock Police Department, with the assistance of the Standing Rock Tribal Prosecutor’s Office.
Assistant U.S. Attorney Gary Delorme prosecuted the case.
Fort Yates Man Sentenced for Assault with a Dangerous WeaponRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on Jan. 13, 2014, Morris Flying Horse, 42, Fort Yates, N.D., was sentenced by U.S. District Judge Daniel L. Hovland on a charge of assault with a dangerous weapon. Flying Horse pleaded guilty to the charge on Oct. 4, 2013.
Judge Hovland sentenced Flying Horse to serve one year and six months in federal prison, to be followed by three years of supervised release. Flying Horse was ordered to pay restitution of $395.65 and to pay a $100 special assessment to the Crime Victim’s Fund.
On Jan. 16, 2013, Flying Horse assaulted another man by punching him in the face. When the victim fell to the floor, Flying Horse, who was wearing work boots, kicked the victim several times in the face.
The case was investigated by the Bureau of Indian Affairs – Standing Rock Agency.
Assistant U.S. Attorney Gary Delorme prosecuted the case.
Moorhead Man Sentenced for Producing Child PornographyRead the Press Release
FARGO – U.S. Attorney Timothy Q. Purdon announced that on Jan. 8, 2014, Dustin Howard Muscha, 33, of Moorhead, Minn., was sentenced before U.S. District Judge Ralph R. Erickson on two counts of sexual exploitation of minors and two counts of possession of materials involving the sexual exploitation of minors.
Judge Erickson sentenced Muscha to 30 years’ imprisonment to be followed by a lifetime of supervised release. Muscha was ordered to register as a sex offender and to pay a $400 special assessment to the crime victim’s fund. Restitution will be determined at a later date.
United States Attorney Timothy Purdon said, “This conviction and stiff sentence are a great example of the outstanding work done every day by our Project Safe Childhood team here in North Dakota. Law enforcement officers from Fargo Police Department, North Dakota Bureau of Criminal Investigation and federal Homeland Security Investigations and our Project Safe Childhood prosecutor worked cooperatively to identify the victims in this case with in a matter of hours of the discovery of the illegal images. The resulting sentence is one that should serve as a stark warning to those who would exploit children in our community.”
"This conviction serves as a stern warning about the consequences awaiting child predators who target the most vulnerable members of our communities," said Acting Special Agent in Charge of HSI St. Paul, William Lowder. "Protecting our children from predators remains a priority for HSI and we will continue to work closely with our law enforcement partners to identify, arrest and bring these criminals to justice."
This case came to the attention of law enforcement after Muscha lost his cellular telephone while attending a concert at the Fargo Dome on Sept. 29, 2012. The phone was found by a private citizen who turned it over to the Sprint retailer located in Fargo. In an attempt to identify the owner of the cellular telephone, the manager at Sprint powered the phone on and subsequently discovered child pornography. The cellular telephone was immediately turned over to law enforcement who learned that the number assigned to the cellular phone was registered to Dustin Muscha in Moorhead, Minn.
That same day, a North Dakota Bureau of Criminal Investigation (ND BCI) forensic examiner began conducting a forensic examination of the cellular telephone which revealed hundreds of child pornographic files, including four videos produced by Muscha which
depict three different prepubescent girls engaged in sexually explicit conduct.The investigation revealed that Muscha created the four videos between April 2011 and September 2012. Specifically, two of four videos were produced in Minnesota and the remaining two videos were produced in North Dakota. Special agents with Homeland Security Investigations (HSI) and the ND BCI conducted further investigation and successfully identified and located the three girls in the videos.
The following day, a search warrant was executed at Muscha’s residence where copies of the child pornographic files were located as well as additional files of child pornography.
Muscha was immediately arrested and a second search warrant was executed at a storage shed that Muscha maintained in North Dakota. Additional video files were seized from this storage shed, including a fifth video that Muscha produced in 2002 in Moorhead, Minn., depicting yet another prepubescent child engaged in sexually explicit conduct.This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The case was investigated by Homeland Security Investigations, Fargo Police Department and the North Dakota Bureau of Criminal Investigations.
Assistant U.S. Attorney Jennifer Klemetsrud Puhl prosecuted the case.
Bismarck Man Pleads Guilty to Killing His Brother on the Spirit Lake Indian ReservationRead the Press Release
FARGO – U.S. Attorney Timothy Q. Purdon announced that on Jan. 7, 2014, Orlen Francis Smith, Jr., 26, of Bismarck, N.D., pleaded guilty before U.S. District Judge Ralph R. Erickson to charges of voluntary manslaughter, assault resulting in serious bodily injury and assault with a dangerous weapon.
On Feb. 25, 2013, Smith, Jr., an enrolled member of the Fort Berthold Indian Reservation, went to the home of his brother, Daniel Smith, located in St. Michael, N.D., on the Spirit Lake Indian Reservation. An altercation occurred between Smith, Jr. and his brother Daniel. Smith, Jr. armed himself with a switchblade knife and swung at his brother, striking Daniel in the side of his chest, piercing his heart. Daniel died at the scene. Smith, Jr. then attacked two others in the residence, puncturing one person in the forearm with the knife and another individual suffered a laceration on the forehead.
The charge of voluntary manslaughter carries a maximum penalty of 15 years’ imprisonment. The charges of assault resulting in serious bodily injury and assault with a dangerous weapon each carry a maximum penalty of 10 years’ imprisonment.
The case was investigated by the Federal Bureau of Investigation.
Sentencing for Smith, Jr. has been set for April 7, 2014, at 1:30 p.m.
Assistant U.S. Attorney Janice M. Morley is prosecuting the case.
Cannonball Man Pleads Guilty to Assaulting Federal OfficerRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on Jan. 3, 2014, Christopher Thunder Hawk, 19, Cannonball, N.D., pleaded guilty in U.S. District Court to a charge of assaulting a federal officer.
On Dec. 30, 2012, Thunder Hawk kicked a BIA police officer in the chest.
The charge of assaulting a federal officer carries a statutory maximum penalty of eight years in federal prison and a $250,000 fine.
The case was investigated by Bureau of Indian Affairs – Standing Rock Agency and the Standing Rock Police Department, with the assistance of the Standing Rock Tribal Prosecutor’s Office.
Sentencing for Thunder Hawk has been scheduled for April 14, 2014, in U.S. District Court in Bismarck, N.D., at 11:00 a.m.
Assistant U.S. Attorney Gary Delorme is prosecuting the case.
Bismarck Man Sentenced for Felon in Possession ChargeRead the Press Release
BISMARCK– U.S. Attorney Timothy Q. Purdon announced that on Dec. 19, 2013, Dylan A. Romero, 34, Bismarck, N.D., was sentenced by U.S. District Judge Daniel Hovland on a charge of possession of firearm by a convicted felon. Romero was found guilty by a federal jury on Sept. 6, 2013.
Judge Hovland sentenced Romero to seven years in federal prison, to be followed by three years of supervised release. Romero was ordered to pay a $100 special assessment to the Crime Victim’s Fund.
In August 2012, law enforcement officials received information that a prohibited person, known as “Twist,” was interested in obtaining a handgun. “Twist,” identified as Dylan Romero, contacted an undercover ATF agent and arrangements were made for Romero to obtain a handgun and $600 for an ounce of cocaine. The undercover ATF agent met with Romero on Sept. 26, 2012, in Bismarck. Romero provided the agent with an ounce of fake cocaine and Romero took the gun, which was locked and disabled. Law enforcement officials immediately arrested Romero.
Romero was prohibited from possessing a firearm due to eight felony convictions, including the following: 1998 burglary, 2001 possession of controlled substance (cocaine), 2009 delivery of imitation controlled substance, and 2009 possession of marijuana with intent to deliver.The case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives, the Metro Area Narcotics Task Force, the Bismarck Police Department, the Burleigh County Sheriff’s Office, the North Dakota Parole and Probation Office, and the North Dakota Bureau of Criminal Investigation.
Assistant U.S. Attorney David Hagler prosecuted the case.
Belcourt Man Found Guilty of Assault in Fort YatesRead the Press Release
BISMARCK– U.S. Attorney Timothy Q. Purdon announced that on Dec. 18, 2013, Danny DeLong, 29, Belcourt, N.D., was convicted by a federal jury on a charge of assault with a dangerous weapon.
On Dec. 13, 2012, Danny DeLong and co-defendant Melvin DeLong were at the Diamond Z Bar in Fort Yates. Melvin DeLong and Danny DeLong initiated an altercation with several patrons before leaving the bar. Danny DeLong continued the altercation outside the bar, while Melvin DeLong retrieved his vehicle. Melvin DeLong used his vehicle to drive over the victim twice. Danny DeLong then approached the victim, who was then unconscious, and kicked the victim in the head. The victim’s injuries required medical treatment but were not life threatening.
On July 30, 2013, Melvin DeLong, 25, Belcourt, N.D., pleaded guilty to two counts of assault with a dangerous weapon. On Oct. 21, 2013, Melvin DeLong was sentenced by U.S. District Judge Daniel L. Hovland to serve two years and nine months in federal prison, to be followed by three years of supervised release. Melvin DeLong was ordered to pay restitution of $19,166.65 and to pay a $200 special assessment to the Crime Victim’s Fund.
Sentencing for Danny DeLong has not been scheduled.
The case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs – Standing Rock Agency.
Assistant U.S. Attorney Gary Delorme is prosecuting the case.
Valentino Bagola Sentenced to Life in Prison for First Degree Murders of Two Children on Spirit Lake ReservationRead the Press Release
FARGO—U.S. Attorney Timothy Q. Purdon announced that on Dec.16, 2013, Valentino Bagola, 20, of St. Michael, N. D., was sentenced by U.S. District Judge Ralph R. Erickson on two charges of first-degree murder.
Judge Erickson sentenced Bagola to life in prison on each of two counts of first degree murder. The life sentences will be served concurrently. Bagola was convicted by a federal jury on September 23, 2013, for the May 19, 2011, stabbing deaths of 9-year-old Destiny Shaw and 6-year-old Travis DuBois, Jr. in St. Michael, on the Spirit Lake Reservation.
In Fargo, U.S. Attorney Timothy Purdon said, “The life sentences imposed today cannot bring Destiny and Travis, Jr. back or undo any of the horror of these criminal acts. It does, however, provide some measure of justice to these victims, their family, and the Spirit Lake Community. It was this commitment to obtaining justice for Destiny and Travis, Jr. that kept us going in the 14-month search-for-the-truth between the discovery of the bodies of these children and the Indictment in this case. It was this same desire that sustained our incredibly skilled trial team of Assistant United States Attorneys, trial support staff from the U.S. Attorney’s Office, FBI Agents and FBI Laboratory personnel through a grueling three-week trial. The resources and effort brought to bear on this investigation by the federal law enforcement agencies and the U.S. Attorney’s Office should leave no doubt as to the Department of Justice’s commitment to the cause of public safety in Indian country.”
In Minneapolis, Special Agent in Charge Chris Warrener, who heads the FBI’s Minneapolis Division that includes North Dakota said, ”The FBI remains steadfast in its commitment to ensuring that those who commit such horrific crimes on Spirit Lake Nation lands are brought to justice. We, along with our partners at the Bureau of Indian Affairs and the Spirit Lake Tribal authorities, will continue in our efforts to safeguard public safety at Spirit Lake."
In the early morning hours of May 19, 2011, Bagola entered the Dubois/Shaw residence in the St. Michael housing area located on the Spirit Lake Indian Reservation. Bagola, an enrolled member of the Sisseton-Wahpeton Sioux tribe, armed himself with a knife found in the residence and entered the bedroom of Destiny Shaw, age 9, and began to sexually assault her. At some point, Destiny’s brother, Travis Dubois, Jr., age 6, interrupted the sexual assault. Using the knife, Bagola stabbed Travis, Jr. approximately 60 times. Travis, Jr. died from these stab wounds. During the murder of Travis Dubois, Jr., the knife Bagola was using broke. Bagola then retrieved another knife from the residence and stabbed Destiny Shaw, inflicting approximately 40 stab wounds which led to her death.
After discovery of the bodies of the two child victims, a 14-month investigation ensued to identify the killer. This investigation was complicated by the fact that the children’s father falsely confessed to the killings in the days following the discovery of their bodies. The investigation included the thorough examination of a vast amount of forensic evidence gathered at the murder scene and law enforcement interviews of many, many individuals. Eventually, forensic analysis by the FBI laboratory of DNA found under the fingernails of Destiny Shaw and of a bloody palm-print found at the murder scene identified Bagola as a suspect in the killings. Bagola was then interviewed by FBI Agents, confessed to the sexual assault of Destiny Shaw and the murders of the two children, and relayed to the FBI Agents non-public details that were known only to the killer.
The case was investigated by the Federal Bureau of Investigation, the Bureau of Indian Affairs, the North Dakota Bureau of Criminal Investigation, and the FBI Laboratory in Quantico, Virginia.
Assistant U.S. Attorneys Chris Myers, Clare Hochhalter, Janice Morley and Scott Schneider prosecuted the case.
Devils Lake Man Sentenced for Abusive Sexual ContactRead the Press Release
FARGO – U.S. Attorney Timothy Q. Purdon announced that on Dec. 9, 2013, Jerome Louis Blackbird, Jr., of Devils Lake, N.D., was sentenced before U.S. District Judge Ralph R. Erickson on a charge of abusive sexual contact.
Judge Erickson sentenced Blackbird, Jr. to 33 months’ imprisonment to be followed by five years of supervised release. Blackbird, Jr., was ordered to register as a sex offender and to pay a $100 special assessment to the crime victims fund.
On July 13, 2013, Blackbird, Jr., pleaded guilty to engaging in sexual contact with a minor child by intentionally touching the child’s genitalia and breasts through her clothing,
The case was investigated by the Federal Bureau of Investigation.
Assistant U.S. Attorney Janice M. Morley prosecuted the case.
Mandan Man Sentenced for Felon in Possession ChargesRead the Press Release
BISMARCK– U.S. Attorney Timothy Q. Purdon announced that on Nov. 25, 2013, James A. Siegrist, a/k/a James A. Robinson, 33, Mandan, N.D., was sentenced by U.S. District Judge Daniel L. Hovland on a charge of possession of firearm by a convicted felon and a charge of possession of firearms and ammunition by a convicted felon. Siegrist was convicted of the charges by a federal jury on Aug. 28, 2013.
Judge Hovland sentenced Siegrist to seven years in federal prison, to be followed by three years of supervised release. Siegrist was ordered to pay a $200 special assessment to the Crime Victim’s Fund.
On July 25, 2012, near Glen Ullin, N.D., Siegrist was handling a .45 caliber handgun when it discharged and struck a woman in the leg. On March 19, 2013, in Mandan, N.D., Siegrist was arrested for an outstanding warrant and found to be in possession of three handguns and 94 rounds of 9mm ammunition. Two of the handguns were concealed on his body and one handgun was located in his vehicle. The Court ordered that Siegrist’s interest in all the firearms and ammunition be forfeited to the United States.
Siegrist was prohibited from possessing either a firearm or ammunition by virtue of multiple felony convictions, including possession of a controlled substance, forgery, counterfeiting, possession of drug paraphernalia and theft of property.The case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives, the Morton County Sheriff’s Office and the Mandan Police Department.
Assistant U.S. Attorney David Hagler prosecuted the case.
Cannonball Man Sentenced for Domestic Assault by a Habitual OffenderRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on Nov. 25, 2013, Samuel B. Silk Jr., 42, Cannonball, N.D., was sentenced by U.S. District Judge Daniel L. Hovland on a charge of domestic assault by a habitual offender. Silk pleaded guilty to the charge on Sept. 11, 2013.
Judge Hovland sentenced Silk to three years and seven months in federal prison, to be followed by three years of supervised release. Silk was ordered to pay a $100 special assessment to the Crime Victim’s Fund.
On Jan. 17, 2013, Silk assaulted a woman, which resulted in the woman suffering a fractured jaw and extensive bruising to her leg. At the time, Silk had at least two previous convictions for domestic violence offenses in Standing Rock Tribal Court.
The case was investigated by the Bureau of Indian Affairs – Standing Rock Agency, with the assistance of the Standing Rock Tribal Prosecutor’s Office and the Standing Rock Tribal Court.
Assistant U.S. Attorney Gary Delorme prosecuted the case.
South Dakota Man Sentenced for Bank Robbery in New EnglandRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on Nov. 20, 2013, Colt D. Schneider, 20, Rapid City, S.D., was sentenced by U.S. District Judge Daniel Hovland on a charge of bank robbery and a charge of use and carry of a firearm during and in relation to a crime of violence. Schneider was found guilty of the charges by a federal jury on Aug. 22, 2013.
On the charge of bank robbery, Judge Hovland sentenced Schneider to serve one day with the Bureau of Prisons. On the charge of use and carry of a firearm during and in relation to a crime of violence, Judge Hovland sentenced Schneider to seven years with the Bureau of Prisons, which will run consecutively to the bank robbery sentence, to be followed by three years of supervised release. Schneider was sentenced to pay a $200 special assessment to the Crime Victim’s Fund and restitution of $4,053.35.
On Oct. 18, 2012, at approximately 8:20 a.m., two men wearing black ski masks and carrying guns entered American Bank Center in New England, N.D. After obtaining money from a bank employee, the men fled the scene.
During the investigation it was discovered that shortly before the robbery, a man who matched the physical characteristics of one of the bank robbers had stopped at a gas station in New England and had purchased gas. Law enforcement obtained the video from the gas station and distributed a picture of the suspect. A detective with the Rapid City (S.D.) Police Department recognized the man as Colt Schneider. Further investigation led to the identity of the other man – Johnner Joe Ward, Jr. The police found that Schneider and Ward worked for a construction company in Rapid City and that they had worked on a construction job in New England a few months before the robbery.On Nov. 2, 2012, Ward was arrested in Midland, Texas. On Feb. 22, 2013, Ward pleaded guilty to charges of bank robbery and use and carry of a firearm during and in relation to a crime of violence. Ward was sentenced on Aug. 26, 2013, to a total of 11 years in federal prison on the charges of bank robbery and use and carry of a firearm during and in relation to a crime of violence.
On Nov. 10, 2012, Schneider was arrested in Sarasota, Fla. He was returned to North Dakota and stood trial on August 20-22, 2013.
The case was investigated by the Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives, North Dakota Bureau of Criminal Investigation, Hettinger County Sheriff’s Department, North Dakota Highway Patrol, Dickinson Police Department, Bismarck Police Department, Rapid City Police Department, Midland (Texas) Police Department, Bradenton (Florida) Police Department, and Florida Game & Fish.
Assistant U.S. Attorney David Hagler prosecuted the case.
Devils Lake Man Pleads Guilty to Abusive Sexual Contact at Spirit LakeRead the Press Release
FARGO – U.S. Attorney Timothy Q. Purdon announced that on Nov. 19, 2013, Erick McKay of Devils Lake, N.D., pleaded guilty before U.S. District Judge Ralph R. Erickson to two counts of abusive sexual contact.
McKay pleaded guilty to causing a female child, who had not attained 12 years of age, to have sexual contact with him by the use of threat and force against her.
The incidents occurred between April 2011 and June 2012 on the Spirit Lake Indian Reservation.
Each charge carries a maximum penalty of life imprisonment.
The case was investigated by the Federal Bureau of Investigation.
Sentencing for McKay has been set for Feb. 10, 2014, at 11:00 a.m.
Assistant U.S. Attorney Janice M. Morley is prosecuting the case.
Belcourt Man Pleads Guilty to MurderRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on Nov. 8, 2013, Daniel Greatwalker Jr., 23, Belcourt, N.D., pleaded guilty in U.S. District Court to a charge of second degree murder and a charge of altering, destroying, or concealing a tangible object in a federal investigation.
On Nov. 27, 2012, Greatwalker stabbed a victim multiple times throughout his body, causing his death. Greatwalker then disposed of the knife, washed his clothes, and burned his shoes to conceal his involvement in the death.
The charge of second degree murder carries a statutory maximum penalty of life in federal prison and a $250,000 fine. The charge of altering, destroying, or concealing a tangible object in a federal investigation carries a statutory maximum penalty of 20 years in federal prison and a $250,000 fine.
The case was investigated by the Bureau of Indian Affairs – Turtle Mountain Agency and the Federal Bureau of Investigation.
Sentencing for Greatwalker has been scheduled for Feb. 10, 2014, in U.S. District Court in Bismarck, N.D., at 2:30 p.m.
Assistant U.S. Attorney Brandi Sasse Russell is prosecuting the case.
Warsaw Man Sentenced on Federal Firearm ChargesRead the Press Release
FARGO – U.S. Attorney Timothy Q. Purdon announced that on Nov. 7, 2013, John Harry Woolsey, Jr., of Warsaw, N.D., was sentenced before U.S. District Judge Ralph R. Erickson on one count of felon in possession of a firearm and one count of felon in possession of ammunition.
Judge Erickson sentenced Woolsey, Jr. to seven years’ imprisonment to be followed by three years of supervised release. Woolsey, Jr. was also ordered to pay a $200 special assessment to the Crime Victims Fund.
On Aug. 21, 2013, Woolsey, Jr., was found guilty by a 12- person jury of possessing a German-made 6-shot .22 short caliber revolver and Remington .22 short caliber ammunition. Federal firearm statutes prohibit possession of firearms and ammunition by a convicted felon. According to the Indictment filed, Woolsey, Jr. had been previously convicted in Arizona of three violent felonies for aggravated assault and resisting arrest in 2001 and 2006.
Woolsey, 38, formerly of Montana, moved to the Warsaw, N.D., area in July of 2011. In December of that year, Woolsey loaned the revolver to a friend. During the early morning hours of April 20, 2012, Woolsey, Jr., also gave the same friend a box of Remington .22 short caliber ammunition for the gun, which Woolsey, Jr. had possessed at his home in Warsaw, N.D. The revolver and ammunition were recovered by the Walsh County Sheriff’s Department later that morning at the scene of an attempted suicide near Ardoch, N.D.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives; Walsh County Sheriff’s Department; and the Grand Forks Narcotics Task Force (which includes officers from Grand Forks, Walsh, and Pembina County Sheriff’s Departments; Grand Forks, Grafton and University of North Dakota Police Departments, U.S. Border Patrol, and Homeland Security Investigations).
Assistant U.S. Attorney Scott J. Schneider prosecuted the case.
Fort Yates Man Sentenced for AssaultRead the Press Release
BISMARCK– U.S. Attorney Timothy Q. Purdon announced that on Nov. 7, 2013, Tracy Peters, 47, Fort Yates, N.D., pleaded guilty and was sentenced by U.S. Magistrate Judge Charles S. Miller Jr. on a charge of assault by striking, beating or wounding for assaulting a woman with whom he had a relationship.
Magistrate Judge Miller sentenced Peters to two years of probation. Peters was ordered to complete 60 hours of community service, to pay restitution of $536 and to pay a $25 special assessment to the Crime Victim’s Fund.
On April 20, 2013, Peters, a non-Indian, assaulted an Indian woman on the Standing Rock Indian Reservation. The woman suffered bruising to her face.
Under the Violence Against Women Reauthorization Act of 2013, the penalty was increased for the offense of assault by striking, beating or wounding from a class B misdemeanor, with a maximum penalty of up to 6 months’ imprisonment, to a class A misdemeanor, with a maximum penalty of up to 1 year’s imprisonment.
The case was investigated by the Bureau of Indian Affairs – Standing Rock Agency.
Assistant U.S. Attorney Gary Delorme and Special Assistant U.S. Attorney Grant Walker prosecuted the case.St. Michael Woman Sentenced for Causing the Death of a ChildRead the Press Release
FARGO – U.S. Attorney Timothy Q. Purdon announced that on Nov. 6, 2013, Hope Louise Tomahawk Whiteshield, 32, of St. Michael, N.D., was sentenced before U.S. District Judge Ralph R. Erickson on one charge of felony child abuse, which caused the death of a young child, and one charge of witness tampering.
Judge Erickson sentenced Whiteshield to the maximum sentence of 20 years’ imprisonment on the felony child abuse charge. He also sentenced Whiteshield to 10 years’ imprisonment on the witness tampering charge. The sentences are to run consecutively and are to be followed by three years of supervised release. Whiteshield was also ordered to pay restitution in the amount of $6,952.54, and to pay a $200 special assessment to the crime victims fund.
United States Attorney Timothy Purdon said, “The 30 year sentence imposed today cannot undue this horrible situation. It does however, provide some measure of justice to the victim and her family. I am extremely proud of our law enforcement partners at the FBI and the BIA Office of Justice Services and of the Assistant United States Attorneys in this office whose investigation of this tragic incident led to a quick and correct identification of the perpetrator here and to the swift and just resolution of these charges.”
On May 7, 2013, Hope Whiteshield’s husband, Freeman Whiteshield, gained custody of his two-year-old twin granddaughters who had been previously living in a foster home in Bismarck, ND.
On June 12, 2013, Hope Whiteshield was outdoors at her residence with her three children, a niece and nephew, and the twin girls. The children observed Whiteshield push one of the twins (M.W.) down an embankment leading into a ditch area between her yard and the road. The girl landed on her back, got up and began to cry. Whiteshield then picked up the other twin girl (L.W.) under the arms and threw her down the embankment into the ditch area. After the fall, L.W. was breathing, but unresponsive.
The child was carried into the residence where Whiteshield bathed the girl, put pajamas on her and put her to bed alongside her twin sister, M.W. During all this time, the child remained unresponsive.
Whiteshield did not seek medical attention for the child and instructed the other children not to tell anybody what had happened to the girl. The following morning, Whiteshield went in to wake up the child and found her “cold and blue.”
During a subsequent interview with law enforcement, Whiteshield said she intentionally threw the child down the embankment because she was depressed about having to care for the kids all the time.
The case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs.
Assistant U.S. Attorneys Janice M. Morley and Megan A. Healy prosecuted the case.
Fort Yates Man Sentenced for Domestic Assault by Habitual OffenderRead the Press Release
BISMARCK– U.S. Attorney Timothy Q. Purdon announced that on Nov. 4, 2013, Marcus Flying Horse, 29, Fort Yates, N.D., was sentenced by U.S. District Judge Daniel L. Hovland on a charge of domestic assault by habitual offender. Flying Horse pleaded guilty to the charge on Aug. 13, 2013.
Judge Hovland sentenced Flying Horse to serve two years and three months in federal prison, to be followed by three years of supervised release. Flying Horse was ordered to pay a $100 special assessment to the Crime Victim’s Fund.
On March 1, 2013, Flying Horse committed a domestic assault by hitting a woman in the eye. At the time when this assault took place, Flying Horse had at least six prior misdemeanor convictions in Standing Rock Tribal Court for qualifying domestic violence offenses.
The case was investigated by the Bureau of Indian Affairs – Standing Rock Agency, with the assistance of the Standing Rock Tribal Prosecutor’s Office and Standing Rock Tribal Court.
Assistant U.S. Attorney Gary Delorme and Special Assistant U.S. Attorney Erin Shanley prosecuted the case. Ms. Shanley’s position is funded by a Department of Justice Office on Violence Against Women grant program.