District of South Dakota
Press releases recorded for this federal judicial district.
Pierre Man Sentenced for LarcenyRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pierre, South Dakota, man convicted of Larceny was sentenced on October 6, 2015, by U.S. District Judge Roberto A. Lange.
KT Burgee, a/k/a K.T. Burgee, age 21, was sentenced to time served, 2 years of supervised release, $4,500 in restitution, and a $100 special assessment to the Federal Crime Victims Fund.
Burgee was indicted by a federal grand jury on January 1, 2015. He pled guilty to the indictment on July 20, 2015.
The conviction arose from a disagreement that occurred on January 1, 2015, at Eagle Butte, which led to Burgee being locked out of the house. He then walked down the road, got into a pickup that belonged to someone else, and drove away. Burgee failed to make a curve in the road, rolled the pickup, and totaled it. Burgee was ejected in the rollover. When he learned that the police and ambulance were on the way, Burgee ran away from the crash site. A Cheyenne River Sioux Police Officer located Burgee later that evening, walking down a dirt road about a mile from the crash site. The pickup Burgee took is valued at more than $3,000.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Eagle Butte Man Sentenced for Second Degree BurglaryRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Second Degree Burglary was sentenced on October 5, 2015, by U.S. District Judge Roberto A. Lange.
Markus Daniel Knight, age 34, was sentenced to 41 months in custody, followed by 2 years of supervised release, over $2,000 in restitution, and a $100 special assessment to the Federal Crime Victims Fund.
Knight was indicted for Second Degree Burglary and Larceny by a federal grand jury on December 9, 2014. He pled guilty to Second Degree Burglary on July 13, 2015.
The conviction arose from a December 4, 2014, incident at Timber Lake, when Knight failed to return a borrowed vehicle to the owner. The vehicle’s owner reported the vehicle as stolen. Knight drove the stolen vehicle to another residence, where he stole property valued in excess of $4,000.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Knight was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.
Rosebud Man Sentenced for Involuntary ManslaughterRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man convicted of Involuntary Manslaughter was sentenced on October 6, 2015, by U.S. District Judge Roberto A. Lange.
Jason Kimmel, Sr., age 35, was sentenced to 48 months in custody, followed by 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Kimmel was indicted by a federal grand jury on April 14, 2015. He pled guilty on July 20, 2015.
The conviction stemmed from an incident on March 1, 2015, when Kimmel, who was driving a 2001 Chevrolet Blazer, was involved in a single vehicle wreck on a roadway near the Rosebud Adult Corrections Facility in Rosebud. Robert “Oscar” Kills and Keith Sun Bear were passengers in the vehicle. Kimmel was driving erratically and lost control of the vehicle. Sun Bear was ejected, Kimmel was found inside the vehicle, and Kills was found outside the vehicle.
Witnesses to the accident called 911, and Rosebud Sioux Tribe Law Enforcement Services officers responded to the scene. Sun Bear was pronounced dead at the scene. Kimmel and Kills were transported to the Indian Health Services hospital for their injuries. Kimmel consented to a blood draw while at the hospital. The blood sample was sent to the South Dakota Department of Health Lab for testing, and the report indicated that Kimmel’s blood alcohol concentration was .345 immediately following the accident.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation. Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.
Kimmel was immediately turned over to the custody of the U.S. Marshals Service.
Rosebud Man Sentenced for Assault with a Dangerous Weapon and Prohibited Person in Possession of AmmunitionRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man convicted of Assault with a Dangerous Weapon and Prohibited Person in Possession of Ammunition was sentenced on October 5, 2015, by U.S. District Judge Roberto A. Lange.
Randy Harlan Arcoren, Jr., age 33, was sentenced to 44 months in custody on each count to be served concurrently, followed by 2 years of supervised release, and a special assessment of $200 to the Federal Crime Victims Fund.
Arcoren was indicted by a federal grand jury on April 14, 2015. He pled guilty on July 20, 2015.
Arcoren was convicted of a federal crime and was sentenced in 2006 to 51 months in custody. On March 3, 2015, Arcoren was with his girlfriend, the victim, at their trailer home in St. Francis. Arcoren and the victim began to argue, and Arcoren threw objects at the victim and threatened physical harm. Arcoren then hit the victim on her arms with a tent stake that he had sharpened. The argument lasted several hours and Arcoren and the victim moved between the trailer home and the victim’s vehicle, and at one point Arcoren drove the victim to another property. Throughout the course of the argument, Arcoren had in his possession forty rounds of Federal .22 caliber ammunition, and thirty-seven rounds of Remington .22 caliber ammunition.
A Special Agent with the Bureau of Alcohol, Tobacco, Firearms, and Explosives performed an interstate nexus on the ammunition in Arcoren’s possession and determined that the ammunition is defined as ammunition, and that it was not manufactured in the state of South Dakota. Accordingly, the ammunition was shipped or transported in interstate commerce.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.
Arcoren was immediately turned over to the custody of the U.S. Marshals Service.
Parmelee Man Sentenced for Assaulting A Federal OfficialRead the Press Release
United States Attorney Randolph J. Seiler announced that a Parmelee, South Dakota, man convicted of Assaulting a Federal Official was sentenced on October 6, 2015, by U.S. District Judge Roberto A. Lange.
Randy Running Horse, age 38, was sentenced to 14 months in prison, followed by 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Running Horse was indicted by a federal grand jury on May 12, 2015. He pled guilty to the indictment on July 20, 2015.
The conviction arose from incidents that occurred on April 4, 2015, at Rosebud, when Running Horse struck a medical provider who was rendering him medical care. Running Horse was intoxicated, had been injured, and was at the Rosebud Indian Health Services (IHS) Hospital receiving stitches. He was being treated by medical providers, but became belligerent and used his fist to strike an IHS nurse in the head. A security guard and a Rosebud Sioux Tribe Law Enforcement Services officer responded to the assault, and Running Horse was arrested. Running Horse was hostile towards the security guard and the police officer, and also threatened the police officer and the officer’s family. Later, he was uncooperative with jail staff.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Supervisory Assistant U.S. Attorney Tim Maher prosecuted the case.
Lower Brule Man Sentenced for Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on October 5, 2015, by U.S. District Judge Roberto A. Lange.
Aaron DeWayne Goodface, III, age 35, was sentenced to 119 months in custody, followed by 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Goodface was indicted by a federal grand jury on May 12, 2015. He pled guilty on July 13, 2015.
The conviction stems from an incident on April 25, 2015, when the Lower Brule Police Department investigated an incident where Goodface had assaulted his aunt.
The officer entered the residence and saw that the victim was bleeding from her face, and blood was found on pillows, bedding, and some clothing. Goodface had just gone into the bathroom, and the officer knocked on the door and asked Goodface to exit the bathroom. Goodface first ignored the officer’s commands, but then opened the door. The officer ordered him to his knees, and again Goodface ignored him. The officer ordered him once more to get on his knees and drew his taser gun. At that point, Goodface complied and was taken into custody.
The victim was taken to the hospital. A special agent from the Bureau of Indian Affairs was able to speak with the victim, who explained that Goodface hit her in the face multiple times with a flashlight. The victim had a large gash to her forehead that required several sutures to close the laceration. She also had a second laceration near her right ear that required 2 sutures to close, two fractured ribs, and bleeding on the brain that required regular monitoring. She spent several days in the hospital.
This case was investigated by the Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Goodface was immediately turned over to the custody of the U.S. Marshals Service.
Fort Thompson Sentenced for Felon in Possession of FirearmRead the Press Release
United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, man convicted of Felon in Possession of Firearm was sentenced on October 7, 2015, by U.S. District Judge Roberto A. Lange.
Christopher Allen Harrison, age 40, was sentenced to 46 months in custody, followed by 2 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.
Harrison was indicted by a federal grand jury on May 12, 2015. He pled guilty on June 23, 2015.
The conviction stemmed from an incident on April 26, 2015, when officers from the Bureau of Indian Affairs received a call advising them that Harrison was at a home in Fort Thompson, and he needed to be removed. An officer responded, and as he pulled up to the home, Harrison was on the porch and fired shots from a shotgun into the air. Backup was called and when they arrived, Harrison was sitting on the porch with the shotgun pointed at himself, and his family members were begging him to cooperate.
Multiple officers responded and attempted to get Harrison to put down the gun. He ignored the officers and went in and out of the house with the shotgun. After a standoff with the officers, Harrison finally threw the shotgun out of the residence and was taken into custody.
Harrison was convicted of a federal offense in the United States District Court, District of South Dakota in 1998, and consequently Harrison is a prohibited person and may not lawfully possess any firearms.
This case was investigated by the Bureau of Indian Affairs and the Office of Alcohol, Tobacco, Firearms & Explosives. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Harrison was immediately turned over to the custody of the U.S. Marshals Service.
Cherry Creek Man Sentenced for Abusive Sexual Contact with a Person Incapable of ConsentingRead the Press Release
United States Attorney Randolph J. Seiler announced that a Cherry Creek, South Dakota, man convicted of Abusive Sexual Contact with a Person Incapable of Consenting was sentenced on October 6, 2015, by U.S. District Judge Roberto A. Lange.
Andre Marshall, age 30, was sentenced to 36 months in custody, followed by 5 years of supervised release, $368.20 in restitution to the victim, and a $100 special assessment to the Federal Crime Victims Fund.
Marshall was indicted by a federal grand jury on February 11, 2015. He pled guilty on June 29, 2015.
The conviction stemmed from an incident on September 29, 2014, when Marshall was at a drinking party in Cherry Creek, and hanging out with the victim. The victim drank to the point of intoxication and went to sleep in the house. Marshall entered the room she was in, approached the sleeping victim, and began to touch her inappropriately. Marshall knew the victim was incapable of participating in, or communicating her unwillingness to engage in, sexual contact at that time.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Marshall was immediately turned over to the custody of the U.S. Marshals Service.
Seiler Nominated by the White House to be U. S. Attorney for the District of South DakotaRead the Press Release
Randolph J. Seiler has received the official nomination by President Barack Obama to be the 41st United States Attorney for the District of South Dakota. Prior to this White House nomination, Seiler has served as the Acting U.S. Attorney since March 12, 2015.
Pursuant to an order signed by U.S. Attorney General Loretta Lynch on October 6, 2015, Seiler was sworn in that same day by U.S. District Judge Roberto A. Lange at a ceremony at the U.S. District Courthouse in Pierre, South Dakota.
“It is with tremendous gratitude and appreciation that I have received the White House nomination to be the 41st U.S. Attorney for the District of South Dakota,” said U.S. Attorney Randy Seiler. “I feel privileged and honored, but it is also an awesome responsibility. The mission of pursuing justice is so incredibly pure, impactful, and fulfilling. I can’t envision a more rewarding line of work, than to help deliver justice on behalf of victims of violent crimes, for citizens suffering civil rights violations, victims of fraud and public corruption, and the myriad of other crimes dealt with in the U. S. Attorney’s Office.
One of the most crucial aspects of this position is the work we do in Indian country. I’ll continue to enhance our outreach and prosecutions on our state’s nine reservations, and strive to give a voice to those who don’t have one. Working with my staff, and shoulder to shoulder with our law enforcement partners, I look forward to this next chapter, and am excited to officially take over the reins of U. S. Attorney.”
Randy Seiler has been with the U.S. Attorney’s Office for 20 years. From November 2009 to March 2015, Seiler served as both the First Assistant United States Attorney and the Tribal Liaison for the District of South Dakota. Prior to serving in those two capacities, Seiler was an Assistant U.S. Attorney, and he spent 14 years prosecuting violent crime offenses in Indian country and other areas throughout the state. The U.S. Attorney’s Office for the District of South Dakota has jurisdiction on nine Indian reservations.
As First Assistant, Seiler was responsible for the day-to-day management and operation of the U.S. Attorney's Office. He was also the supervisor of the U.S. Attorney’s branch office in Pierre, where he was directly involved in prosecutorial matters and decisions.
As Tribal Liaison, he consulted and coordinated with tribal justice officials and leaders, tribal communities, and victim advocates in an effort to address any issues in the prosecution of major crimes in Indian country in South Dakota.
Seiler also served as counsel to the Director in the Executive Office for U.S. Attorneys at the Department of Justice in Washington, D.C., in 2008. He has been an instructor at the National Advocacy Center in Columbia, South Carolina, as well as a presenter at numerous conferences and trainings on various topics including violent crime, sexual assault, domestic violence, and legal issues in the prosecution of crimes in Indian country.
He has received the Attorney General's Award for Fraud Prevention, as well as the Director's Award for Superior Performance in Indian Country.
Prior to joining the U.S. Attorney's Office in 1995, Seiler was in private practice in Mobridge, South Dakota, where he practiced criminal and civil law. He also previously served as Campbell County Deputy States Attorney and Special Judge for the Cheyenne River Sioux Tribe.
As U.S. Attorney, Seiler will continue with the priority areas of the office, and he will maintain the strong commitment to prosecuting Indian country crimes and human trafficking.
Seiler grew up in Herreid, South Dakota, served his country in the U.S. Air Force, which included a year-long tour in Vietnam, and graduated from the University of South Dakota School of Law.
He and his wife, Wanda, live in Fort Pierre, and have four grown children and two grandchildren.
Seiler’s nomination will be sent to the United States Senate for confirmation.
Medical Device Manufacturer Permanently EnjoinedRead the Press Release
WASHINGTON – Late yesterday, a federal judge in South Dakota issued a permanent injunction against Robert “Larry” Lytle of Rapid City, South Dakota and his medical device businesses, the Justice Department announced. Lytle marketed laser devices to treat a variety of medical conditions and diseases through several entities, including QLasers PMA and 2035 PMA, and is the owner and operator of 2035 Inc.
In October 2014, the Justice Department brought a civil action to enforce provisions of the federal Food, Drug and Cosmetic Act (FDCA). As the court found, Lytle and his businesses violated the FDCA by marketing and distributing the QLaser devices nationwide for the treatment of more than 200 different diseases and medical disorders without clearance or approval from the U.S. Food and Drug Administration (FDA).
“We brought this lawsuit because Mr. Lytle had been putting consumers at risk, while attempting to evade the FDCA – a law Congress enacted to protect public health and safety,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “It is especially noteworthy and gratifying that the Department was able to obtain some recompense for the innocent consumers whom Lytle victimized.”
According to the complaint and evidence adduced at a trial, Lytle has been distributing the QLaser devices with false and misleading labeling claims, touting their use for treating such serious conditions as cancer, HIV/AIDS and diabetes. Although two of the devices are cleared for providing temporary relief of pain associated with osteoarthritis of the hand, none of the devices have been cleared by the FDA or otherwise approved to treat any other medical conditions. Moreover, using the QLaser devices can be harmful in certain situations, and its use to treat other serious conditions, is unsupported by any published clinical studies.
The permanent injunction issued yesterday by U.S. District Court Chief Judge Jeffrey L. Viken follows a trial held in March 2015, in which the government established that the QLaser’s labeling was false and misleading and that, in fact, using the lasers according to their directions could be dangerous to health. Yesterday’s court order requires that Lytle and his businesses cease directly or indirectly manufacturing, packing, labeling and/or distributing any medical device unless and until they comply with certain terms of the injunction.
The court also ordered Lytle to refund the full amount consumers paid for their QLaser devices, whether the devices were purchased directly from Lytle’s businesses or through one of his several distributors. Depending on the specific package purchased, each consumer typically paid between $4,295 and $12,600, according to the evidence before the court. Lytle has admitted that he has sold at least 20,000 devices since 1998.
Lytle is required to pay the United States $10,000 per day for any violation of the permanent injunction, and is subject to other sanctions, including fines and imprisonment, for failing to comply.
“This ruling will help restore consumer confidence and send a strong message that a company cannot exercise blatant disregard of the law, especially when consumers’ health is at risk,” said U.S. Attorney Randolph J. Seiler of the District of South Dakota. “Justice has been served with this permanent injunction, and it will prohibit Mr. Lytle from continuing to thumb his nose at federal regulations that protect public health and safety.”
“Robert Lytle and his businesses ignored previous FDA warnings and continued to produce and distribute these devices in violation of federal law,” said Acting Director Jan Welch of the Office of Compliance in the FDA’s Center for Devices and Radiological Health. “The FDA will remain vigilant in protecting the health of the American public by ensuring that medical devices are shown to be safe and effective before being used by patients.”
The government’s case is being handled by Trial Attorney Ross S. Goldstein of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Camela C. Theeler of the District of South Dakota. Sonia Nath, with the FDA’s Office of Chief Counsel, is assisting with this case.
Mission Man Sentenced for Third Degree Burglary, Aiding and AbettingRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Third Degree Burglary and Aiding and Abetting was sentenced on September 29, 2015, by U.S. District Judge Roberto A. Lange.
Nicola Black Lance, age 19, was sentenced to time served, 6 months in a Residential Re-Entry Center, 18 months of supervised release, a $100 special assessment to the Federal Crime Victims Fund, and $8,638.31 restitution joint and several.
Black Lance was indicted by a federal grand jury on November 13, 2014. He pled guilty on June 29, 2015.
On or about August 24, 2014, Black Lance, co-defendant Preston White Feather, and two juveniles, broke into the Todd County government building in Mission and stole property, including firearms. The group also caused property damage to the building. While some of the co-defendants devised the plan and some took part in the burglary, they all aided and abetted the burglary.
This case was investigated by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Tim Maher prosecuted the case.
Grants Awarded to South Dakota Law EnforcementRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that the Office of Community Oriented Policing Services (COPS) has funded three awards in the District of South Dakota. In FY 2015, approximately $107 million was awarded nationally through the COPS Hiring Program, including $662,005 for the District of South Dakota.
The list of FY 2015 grantees includes: City of Sioux Falls Police Department awarded $375,000 to fund 3 officers; City of Eagle Butte awarded $171,000 to fund 1 officer; and Sisseton Wahpeton Law Enforcement awarded $116,005 to fund 1 officer.
The COPS Hiring Program provides grants to state, local and tribal law enforcement agencies to hire or rehire community policing officers. The program provides salaries and benefits for officer and deputy hires for three years.
The COPS Office is a federal agency responsible for advancing community policing nationwide. Since 1995, COPS has invested over $14 billion to advance community policing, including grants awarded to more than 13,000 state, local, and tribal law enforcement agencies to fund the hiring and redeployment of approximately 127,000 officers, and provide a variety of knowledge resource products including publications, training, and technical assistance.
For the entire list of grantees and additional information about the 2015 COPS Hiring Program, visit the COPS website at www.cops.usdoj.gov.
Harrold Man Sentenced for Domestic Assault by an Habitual OffenderRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Harrold, South Dakota, man convicted of Domestic Assault by an Habitual Offender was sentenced on September 28, 2015, by U.S. District Judge Roberto A. Lange.
Lonnie Patrick Big Eagle, age 39, was sentenced to 33 months in custody, followed by 2 years of supervised release, $78.20 in restitution, and a $100 special assessment to the Federal Crime Victims Fund.
Big Eagle was indicted by a federal grand jury on January 14, 2015. He pled guilty on July 6, 2015.
The conviction stemmed from an incident between August 9, 2014, and August 10, 2014, when the victim, who had been in a relationship with Big Eagle for several years and has five children with him, went to the pow wow in Lower Brule. She took four of her five children with her and left her youngest son with Big Eagle. She started receiving phone calls that Big Eagle was drunk and she returned home. Once she got there, the victim went inside the house, and Big Eagle came in after her and started telling her she was not going anywhere. He also made accusations against her and called her names. Big Eagle threatened to break the windows of the victim’s vehicle and knocked her phone out of her hand. She tried to get in her car, but Big Eagle struck the window with a lawn chair, so she went around her car in order to avoid getting hit by Big Eagle.
Big Eagle started kicking the victim, who then fell, stood back up, and went around the vehicle. Big Eagle continued to follow her and grabbed her shirt. She tripped and fell to the ground, and Big Eagle got on top of her and hit her in the face multiple times, causing blood to run down her face. The assault ended when Big Eagle’s brother intervened to help the victim. The victim then went to her aunt’s house to get help, and was seen by an ambulance attendant.
Big Eagle has several prior arrests and two prior convictions for domestic violence.
This case was investigated by the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Big Eagle was immediately turned over to the custody of the U.S. Marshals Service.
Timber Lake Man Convicted of Simple AssaultRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that Warren Purvis, age 24, of Timber Lake, South Dakota, was found guilty of Simple Assault as a result of a court trial in Pierre, South Dakota.
Purvis was charged by Information on September 10, 2015. The charge carries a maximum penalty of 6 months in custody and/or a $5,000 fine, and a $10 special assessment to the Federal Crime Victims Fund.
The conviction arose from a September 8, 2015, incident when Purvis and the victim had a disagreement and he hit her. The victim attempted to call the police, and Purvis took her phone away. He later gave her the phone back and she was able to call 911.
This case was investigated by the Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Purvis was sentenced to time served, 8 days, and a $10 special assessment to the Federal Crime Victims Fund.
McLaughlin Man Sentenced for Abusive Sexual Contact by ForceRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man convicted of Abusive Sexual Contact by Force was sentenced on September 21, 2015, by U.S. District Judge Charles B. Kornmann.
Brian Ducheneaux, age 40, was sentenced to 110 months in custody, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Ducheneaux was indicted by a federal grand jury on February 11, 2015. He pled guilty on June 22, 2015.
The conviction stemmed from an incident which occurred in October 2014. Ducheneaux, who was staying with family in Wakpala, South Dakota, entered a bedroom belonging to young girls. Once inside the bedroom, Ducheneaux laid on the bed next to the victim and placed his hands between her legs, making direct skin to skin contact with her genitalia.
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Ducheneaux was immediately turned over to the custody of the U.S. Marshals Service.
McLaughlin Man Acquitted of Aggravated Sexual AbuseRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man was acquitted of Aggravated Sexual Abuse as a result of a federal jury trial in Aberdeen, South Dakota, on September 15, 2015.
John Eagle, age 30, was indicted by a federal grand jury on April 14, 2015.
The charge stemmed from an alleged March 2015 incident, when Eagle allegedly sexually abused a female acquaintance.
The investigation was conducted by the Federal Bureau of Investigation, and the Bureau of Indian Affairs, Standing Rock Agency. The U.S. Attorney's Office prosecuted the case.
Fort Thompson Man Sentenced for Assaulting, Resisting and Impeding A Federal OfficerRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, man convicted of Assaulting, Resisting and Impeding a Federal Officer was sentenced on September 28, 2015, by U.S. District Judge Roberto A. Lange.
Tony O. St. John, a/k/a Anthony St. John, age 26, was sentenced to 17 months in custody, followed by 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
St. John was indicted by a federal grand jury on October 15, 2014. He pled guilty on July 6, 2015.
The conviction stemmed from an incident on September 30, 2014, when a Bureau of Indian Affairs (BIA) officer was called to the Lodestar Casino in Fort Thompson, due to a report of an unknown male attempting to get the keys of a vehicle from a female patron of the casino. The officer arrived at the casino and spoke with the patron, who advised that as she was walking to her vehicle in the casino parking lot, she unlocked the door with her remote control. As she approached her vehicle, the man walked up to her and demanded that she give him the keys to her vehicle. She locked the doors again and walked quickly back into the casino and notified security.
As the officer was talking with the woman, others in the casino advised him that the man was back in the parking lot. The officer approached the man, identified as St. John, and directed him to walk towards the officer. St. John did not comply and took off running. Another BIA officer came to assist and both officers attempted to stop St. John, who continued to run and not follow commands. The second officer and St. John struggled on the ground, as the first officer attempted to get St. John in handcuffs. At this time, St. John kicked the second officer in the face, while the first officer was still attempting to place a resistant St. John in handcuffs. St. John then reached for the second officer’s gun in his holster, and was maced by the first officer with limited effect. As the first officer was trying to get the handcuffs on St. John, he pulled that officer’s hand, causing his thumb and finger to bend backwards. The officers were finally able to place handcuffs on St. John, who continued to struggle as they walked him to the car. Both officers received medical treatment and were employed as BIA officers and on duty at the time of the assault.
This case was investigated by the BIA, Crow Creek Agency. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
St. John was immediately turned over to the custody of the U.S. Marshals Service.
California Man Pleads Guilty to Sexual Exploitation of a Child, Distribution of Material Involving the Sexual Exploitation of Minors, and Failure to AppearRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that Neal LaPointe, age 31, of Sacramento, California, appeared before U.S. District Judge Roberto A. Lange on September 28, 2015, and pled guilty to an Indictment that charged him with Sexual Exploitation of a Child, and Distribution of Material Involving the Sexual Exploitation of Minors. He also pled guilty to a separate Indictment charging him with Failure to Appear.
The maximum penalty upon conviction is up to 60 years in custody and/or a $250,000 fine, life of supervised release, and $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges involving the Sexual Exploitation of a Child and Distribution of Material Involving the Sexual Exploitation of Minors stem from incidents between March 1, 2012, and April 30, 2013. During that timeframe, LaPointe was living in California, and under the guise of various aliases and online identities, would use computers, the internet, and the social networking site Facebook to solicit images of minors engaging in explicit sexual conduct, and would then distribute these images via computer and over the internet. Some of the minor victims lived on the Rosebud Sioux Indian Reservation and elsewhere in South Dakota.
The Failure to Appear charge stems from an incident when the Court allowed LaPointe to be released, ordered him on electronic monitoring, and to reside with a third party on the Rosebud Sioux Indian Reservation. LaPointe failed to appear for his next court appearance on July 14, 2014, and his whereabouts were unknown until February 13, 2015, when he was apprehended in Miami, Florida.
The investigation was conducted by the Federal Bureau of Investigation, South Dakota Division of Criminal Investigation, South Dakota Internet Crimes Against Children Task Force, Rosebud Sioux Tribe Law Enforcement Services, Bureau of Indian Affairs, Pennington County Sheriff’s Office, Rapid City Police Department, Sioux Falls Police Department, and the U.S. Marshals Service. Assistant U.S. Attorneys Tim Maher and Sarah Collins are prosecuting the case.
A presentence investigation was ordered and a sentencing date has been set for December 21, 2015. The defendant was remanded to the custody of the U.S. Marshals Service pending sentencing.
Disabilities Rights Conference to Be Held October 21 in Sioux FallsRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that the Disabilities Rights Conference will be held on Wednesday, October 21, 2015. The conference will be held at the Sioux Falls Convention Center, located at 1101 N. West Avenue in Sioux Falls, South Dakota. The conference is co-sponsored by Avera Health and LifeScape.
In conjunction with the 25th anniversary of the Americans with Disabilities Act, and October’s designation as National Disability Employment Awareness Month, the conference is designed to raise awareness about the rights of persons with disabilities, and to educate the public about its role in protecting those rights.The conference agenda is geared towards physicians, nurses, health care administrators, social workers, counselors, behavioral health professionals, long term care administrators, attorneys, law enforcement, business owners, state officials, federal officials, local officials, tribal officials, educators, and school administrators. The one-day conference will begin at 8:00 am and conclude at 5:30 pm. Registration opens at 7:30 am.
Among the featured speakers will be Heather Abbott, a Boston Marathon Bombing Survivor, whose presentation will focus on Thriving Instead of Surviving. Also featured will be Jeffrey Cain, MD, FAAFP. Dr. Cain has been practicing and teaching family medicine in Denver, Colorado for over 30 years, where he now serves as an Associate Professor of Family Medicine at the University of Colorado. A past President and Board Chair of the American Academy of Family Physicians, Dr. Cain was honored in 2013 by Modern Healthcare as one of the 100 Most Influential People in Healthcare in the country. The conference will also highlight Mario Arnauz Bonds, a motivational speaker and singer/songwriter. Born with Morning Glory Syndrome, a degenerative condition that gradually took his sight, Bonds will share with the audience a message about his childhood, which depicts triumphs over abuse and abandonment, and his adjustment and acceptance of going totally blind.
The luncheon speaker will be South Dakota State Senator Billie Sutton, who will talk about learning to live with a disability. As the result of a rodeo injury in 2007, Sutton suffered a paralyzing spinal cord injury.
Panel discussions will address substantive areas of disability rights, learning to live with an acquired disability, and respect for people with disabilities. Additionally, Dan Lusk, Division Director for Developmental Disabilities for the South Dakota Department of Human Services, will close the conference with a presentation on Home and Community Based Services: Supporting Community Integration.
The conference is free and open to the public.
For the full conference agenda and to register, please follow this link:
www.avera.org/disabilitiesconferenceLower Brule Woman Sentenced for Assault Resulting in Serious Bodily InjuryRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, woman convicted of Assault Resulting in Serious Bodily Injury was sentenced on September 14, 2015, by U.S. District Judge Roberto A. Lange.
Leaf Colette Byington, age 33, was sentenced to 33 months in custody, followed by 2 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.
Byington was indicted by a federal grand jury on March 10, 2015. She pled guilty on June 23, 2015.
The conviction stems from an incident on October 24, 2014, when Byington and other persons, including the victim, were consuming alcohol together in Lower Brule. At some point in the early morning hours, Byington and two others were outside arguing. The victim heard the commotion and went outside, where Byington hit the victim in the face and the two began to fight. Byington then stabbed her in the back of the head and ear with a knife. Others intervened in an effort to stop the fight.
When law enforcement arrived at the residence, individuals advised the officer that Byington had stabbed the victim. EMTs were called.
The officer then proceeded over to Byington’s home where he had contact with Byington. She had some blood on her clothes and a knife was seized. A second knife was found on Byington’s person during the booking process at the jail.
The victim was treated at the emergency room in Chamberlain, where she had a significant wound to the back of her head and ear that required over 20 staples to close.
This case was investigated by the Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Byington was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Sentenced for Assault Resulting in Serious Bodily Injury and Child AbuseRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury and Child Abuse was sentenced on September 14, 2015, by U.S. District Judge Roberto A. Lange.
Frederick Leo Marshall, age 57, was sentenced to 120 months in custody on the assault charge, and 36 months in custody on the child abuse charge, to be served consecutively. Marshall was also sentenced to 3 years of supervised release, and a $200 special assessment to the Federal Crime Victims Fund. He was also ordered to pay restitution to the victim in the amount of $1,677.14, and to South Dakota Medicaid in the amount of $11,581.76.
Marshall was indicted by a federal grand jury on December 9, 2014. He pled guilty on June 29, 2015.
The conviction stems from incidents on October 30, 2014. Marshall was at a home in Sicangu Village with his wife, the victim. There had been recent talks about divorce and Marshall had moved out of the marital home for a period of time. That evening, they were reconciling and he had returned to the house. Marshall drank alcohol, became jealous, and argued with the victim. He later punched her in front of some of their children, and he also forced her into a bathroom and their bedroom and further beat and assaulted her. He threatened and slapped her with a sword. The beating also caused a fractured eye socket and profusely swollen eyes, to the point where she could not see. Marshall used scissors to cut off the victim’s hair and did other things to her. Their children witnessed the abuse.
Marshall also brought the children towards the bedroom to witness some of what was occurring, and how their mother was being beaten, humiliated, and degraded. One of the children went into the room and personally witnessed some of the abuse. The child heard her mom begging to not be killed, and also heard Marshall verbally abusing their mother, telling the child how he was making an example of their mother. The child also saw her mom bloodied and beaten, which tormented the child. The child was frightened and, for a time, thought her mother was going to be killed.
This case was investigated by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Timothy M. Maher prosecuted the case.
Marshall was immediately turned over to the custody of the U.S. Marshals Service.
Harrold Man Sentenced for Attempted Murder of a Federal EmployeeRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Harrold, South Dakota, man convicted of Attempted Murder of a Federal Employee was sentenced on September 14, 2015, by U.S. District Judge Roberto A. Lange.
Brian Iron Boulder, a/k/a Brian Ironboulder, age 51, was sentenced to 216 months in custody, followed by 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Iron Boulder was indicted by a federal grand jury on April 8, 2015. He pled guilty on June 23, 2015.
“The attempted murder of this federal employee in his own workplace was a disturbing crime, and the 18-year sentence handed down today demonstrates that justice was served,” said Seiler. “Everyone has a right to feel safe in their work environment, and when that is jeopardized by an act of violence, the consequences of the crime must send a strong message. That was accomplished in this case.”
The conviction stems from an incident on March 25, 2015, when Iron Boulder went to the Bureau of Indian Affairs (BIA) building in Fort Thompson to speak with Patrick Duffy, Superintendent of the Crow Creek Agency. Iron Boulder normally does not carry weapons with him, however on this day, he intentionally brought with him a pocket knife, with a four-inch blade. Iron Boulder purposely had the blade extended on the knife when he entered the building to speak with Superintendent Duffy, who was in a meeting, but agreed to speak with Iron Boulder. The two began to walk down the hallway, with Duffy in front, and Iron Boulder a few steps behind him. At this time, Iron Boulder took the knife out of his pocket, intentionally stabbed Duffy in the center of the back with the knife, and then fled the building. Iron Boulder admitted that he knowingly and intentionally stabbed Duffy in the back because of his role as the Superintendent of the Crow Creek agency.
Co-workers summoned law enforcement and an ambulance. Duffy was taken by ambulance, with the knife protruding from his back, to Mid-Dakota Hospital in Chamberlain. The stab wound penetrated the chest wall, with blood in the plural cavity, which required a chest tube after the knife was removed. Due to the extent of his injuries, Duffy was airlifted to Sanford Hospital in Sioux Falls and hospitalized until March 31, 2015. He continued to receive follow-up care and on April 14, 2015, Duffy was again taken to Sanford Hospital in Sioux Falls. He had a collapsed lung and required a second surgery. As a result of the attempted murder, Duffy received life-threatening injuries. He has since returned to work.
This case was investigated by the BIA, Crow Creek Agency. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Iron Boulder was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Sentenced for Assault with a Dangerous WeaponRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on September 9, 2015, by U.S. District Judge Roberto A. Lange.
Kenneth Littlewolf, a/k/a Kenneth Little Wolf, age 27, was sentenced to 44 months in custody, followed by 3 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.
Littlewolf was indicted by a federal grand jury on March 10, 2015. He pled guilty on June 24, 2015.
The conviction stems from an incident on January 31, 2015, when Littlewolf was at a bar near Mission, and was asked to give a ride to two people. Littlewolf agreed, but got into an argument with them and stabbed both people. The bar owner, along with another bartender, broke up that fight, but Littlewolf, who was wearing work boots, kicked and stabbed the victims. The bar owner and the bartender again tried to stop Littlewolf, who ultimately fled the area in his vehicle.
This case was investigated by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Timothy M. Maher prosecuted the case.
Littlewolf was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for Assault with a Dangerous WeaponRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on September 9, 2015, by U.S. District Judge Roberto A. Lange.
Theodore Provencial, age 47, was sentenced to 68 months in custody, followed by 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Provencial was indicted for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury by a federal grand jury on April 14, 2015. He pled guilty to Assault with a Dangerous Weapon on June 23, 2015.
The conviction arose from an April 3, 2015, incident at Bear Creek Community, when Provencial began fighting with the victim, stabbing her repeatedly with a kitchen knife. A member of the household heard the victim screaming for help and attempted to intervene, hitting Provencial with a broom handle and telling him to get out of her house. Provencial then began swinging the knife at her, and then left the residence. The victim, who received more than 17 stab wounds, stopped breathing and was unconscious for a period of time.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Provencial was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for AssaultRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Assault Resulting in Substantial Bodily Injury to an Intimate Partner was sentenced on September 9, 2015, by U.S. District Judge Roberto A. Lange.
Michael Archambault, age 37, was sentenced to 12 months and 1 day in custody, followed by 1 year of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Archambault was indicted for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury by a federal grand jury on March 10, 2015. He pled guilty to Assault Resulting in Substantial Bodily Injury to an Intimate Partner on June 23, 2015.
The conviction arose from an August 2, 2014, incident at Eagle Butte, when Archambault and his girlfriend got into a verbal argument. Archambault got angry and assaulted the victim with a knife, inflicting a stab wound to her arm.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Camela Theeler prosecuted the case.
Archambault will report to the U.S. Marshals Service on September 16, 2015, to begin serving his sentence.
Nebraska Man Sentenced for Using the Internet to Attempt to Entice a MinorRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Nebraska man convicted of Attempted Enticement of a Minor Using the Internet was sentenced on August 18, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Phillip Holden, age 24, was sentenced to 12 years of imprisonment, followed by 10 years of supervised release, was ordered to pay a $100 special assessment to the Federal Crime Victims Fund, and is to forfeit a Motorola cell phone and $108 in U.S. currency.
Holden was one of five men who were arrested and federally indicted as a result of an undercover sex trafficking operation conducted during the 2014 Sturgis Motorcycle Rally, targeting persons willing to pay to have sex with underage girls. All five men were indicted for Commercial Sex Trafficking.
The conviction stemmed from Holden responding to a Craigslist.com advertisement posted by Division of Criminal Investigation undercover agents, which purported to offer young girls for sex. Following several messages with a person Holden believed to be associated with a 12-year old girl, but who was in fact an undercover agent, he proceeded to negotiate the time and place they would meet, along with the price he would pay, which was $100.
The undercover operation and arrests were a joint effort between the South Dakota Division of Criminal Investigation, the Department of Homeland Security, the Federal Bureau of Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s office. Assistant U.S. Attorney Sarah Collins prosecuted the case.
Holden was immediately turned over to the custody of the U.S. Marshals Service.
Cherry Creek Man Sentenced for Abusive Sexual Contact by ForceRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Cherry Creek, South Dakota, man convicted of Abusive Sexual Contact by Force was sentenced on August 24, 2015, by U.S. District Judge Roberto A. Lange.
Kenneth John Counting, a/k/a John Counting, age 46, was sentenced to 37 months in custody, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
The conviction arose from an incident that occurred between October 25 and October 26, 2013, when Counting visited a neighbor at Cherry Creek. During that visit, Counting engaged in sexual contact by force with the victim. The victim tried to resist and attempted to push Counting away, but he was too strong and continued to touch the victim.
This case was investigated by the Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Counting was immediately turned over to the custody of the U.S. Marshals Service.
Parmelee Man Sentenced for Abusive Sexual Contact by Force and Child AbuseRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Parmelee, South Dakota, man convicted of Abusive Sexual Contact by Force and Child Abuse was sentenced on August 24, 2015, by U.S. District Judge Roberto A. Lange.
Ilijah White Lance, a/k/a Iliajh White Lance, age 18, was sentenced to a total of 180 months in custody, followed by 6 years of supervised release, and a $200 special assessment to the Federal Crime Victims Fund.
White Lance was indicted by a federal grand jury on March 10, 2015. He pled guilty on June 2, 2015.
The conviction stems from incidents on February 10, 2015, when White Lance was at the home of some friends in Parmelee, and after the occupants of the house had fallen asleep, he went into a child’s bedroom and had sexual contact with the young victim. While White Lance was abusing the first victim, a second young child witnessed the abuse. Later, White Lance exposed himself to the second victim and also punched the child.
This case was investigated by the Federal Bureau of Investigation, as well as the Rosebud Sioux Tribe Law Enforcement Agency. Assistant U.S. Attorney Timothy M. Maher prosecuted the case.
White Lance was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Sexual AbuseRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man charged with Sexual Abuse pled guilty to and was sentenced on August 10, 2015, by U.S. District Judge Roberto A. Lange.
Jerry Matthew Chasing Hawk, age 55, was sentenced to 36 months in custody, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
The conviction arose from an August 8, 2009, incident in Fort Thompson, when Chasing Hawk engaged in a sexual act with the victim when she was physically incapable of declining participation.
The investigation was conducted by the Bureau of Indian Affairs – Crow Creek Agency. The case was prosecuted by Assistant U.S. Attorney Jay Miller.
Chasing Hawk will report to the custody of the U.S. Marshals Service on August 31, 2015, to begin serving his sentence.
Voting Rights Act Marks 50th AnniversaryRead the Press Release
This week marks the 50th anniversary of the Voting Rights Act. Acting U.S. Attorney Randolph J. Seiler provided the following statement to commemorate the anniversary of the landmark civil legislation:
“The U. S. Attorney’s Office for the District of South Dakota has vigorously enforced the Voting Rights Act and other Federal elections statutes throughout South Dakota for many years. We will continue to work with State and County election officials to ensure equal access to the ballot box for all eligible voters. We are committed to providing every voter in every election the right to cast their vote in an environment free from intimidation and fear.”
The Civil Rights Division for the Department of Justice has assembled the attached fact sheet to provide information on the Department’s efforts to protect the right to vote. Of particular note, for the November 2014 general election, the department monitored elections in three counties where there are significant populations of Native American voters. Two of those counties were in South Dakota, which included Charles Mix County and Shannon County.
North Dakota Woman Sentenced for Assault with a Dangerous WeaponRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Fort Yates, North Dakota, woman convicted of Assault with a Dangerous Weapon was sentenced on August 3, 2015, by U.S. District Judge Charles B. Kornmann.
Marissa Sitting Dog, age 27, was sentenced to 18 months in custody, followed by 3 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.
Sitting Dog was indicted by a federal grand jury on March 10, 2015. She pled guilty on April 27, 2015.
The conviction stems from an incident on February 22, 2015, when the Corson County Sheriff made contact with Standing Rock Dispatch regarding a female victim who had been stabbed by Sitting Dog. A Bureau of Indian Affairs (BIA) officer responded to the call, arrived on scene, and made contact with the victim, who had a large laceration to her left armpit. The victim informed the officer that she had been stabbed with a knife by Sitting Dog after an argument arose between the two females. Law enforcement arrested Sitting Dog a short time later.
This case was investigated by the BIA, Standing Rock agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Sitting Dog was immediately turned over to the custody of the U.S. Marshals Service.
McLaughlin Man Sentenced for Assault with a Dangerous WeaponRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on August 3, 2015, by U.S. District Judge Charles B. Kornmann.
River Grey Bull, age 20, was sentenced to 1 year and 1 day of custody, followed by 3 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.
Grey Bull was indicted by a federal grand jury on February 12, 2014. He pled guilty on May 18, 2015.
The conviction stems from an incident which occurred on January 24, 2014, when Standing Rock dispatch received a call for help stating a 19-year old male had been stabbed in the back of his head. Bureau of Indian Affairs (BIA) law enforcement arrived on scene and made contact with a female who was tending to the victim. She identified the victim, and also identified Grey Bull as the person responsible for the injuries to the victim. Initially the officers could not locate Grey Bull, but while they were processing the scene, a young male with blood spots on his sweatpants was spotted near a patrol vehicle. The officers interviewed Grey Bull and he admitted that he had gotten into a fight with the victim, and assaulted him with a knife.
This case was investigated by the Federal Bureau of Investigation, and the BIA, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Grey Bull was immediately turned over to the custody of the U.S. Marshals Service.
St. Francis Man Sentenced for Prohibited Person in Possession of a FirearmRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man convicted of Prohibited Person in Possession of a Firearm was sentenced on July 28, 2015, by U.S. District Judge Roberto A. Lange.
Cody James Horse Looking, age 30, was sentenced to 1 month in custody, followed by 18 months of supervised release, which includes 9 months of home confinement, and a special assessment of $100 to the Federal Crime Victims Fund.
Horse Looking was indicted by a federal grand jury on August 19, 2014. He pled guilty on April 27, 2015.
The conviction stems from an incident on February 15, 2014, when Horse Looking, who previously had been convicted of Domestic Violence Simple Assault in 2011, was at a bar in Valentine, Nebraska, and had a disagreement with another man. At some point after the bar closed, Horse Looking stopped at the Rosebud Casino Fuel Plaza convenience store, and the other man was also there. There was more arguing and disagreement in the parking lot, when Horse Looking produced a Glock .40 caliber pistol and fired it into the air. No one was injured or shot at directly. Horse Looking left the area and law enforcement was called.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms & Explosives. Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.
Horse Looking is to self-report to the custody of the U.S. Marshals Service by September 1, 2015, to commence his sentence.
St. Francis Man Sentenced for First Degree BurglaryRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man convicted of First Degree Burglary was sentenced on July 27, 2015, by U.S. District Judge Roberto A. Lange.
Nathan Sharpfish, age 28, was sentenced to 27 months in custody, followed by 2 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.
Sharpfish was indicted by a federal grand jury on February 11, 2015. He pled guilty on May 5, 2015.
The conviction stems from an incident on or about January 8, 2015, when Nathan Sharpfish, who was drinking at the home of Kirby Sharpfish, was asked to leave the premises. Nathan Sharpfish left, but returned a short while later and began to hit the door of the home with a hatchet. Kirby Sharpfish opened the door, and Nathan Sharpfish swung the hatchet at him, hitting Kirby on the back of his head, causing a laceration.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.
Sharpfish was immediately turned over to the custody of the U.S. Marshals Service.
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Pine Ridge Woman Sentenced for Involuntary ManslaughterRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, woman convicted of Involuntary Manslaughter was sentenced on July 20, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Sarah Lilly Brown Eyes, age 57, was sentenced to 37 months in custody, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
In June 2014, at Pine Ridge, Brown Eyes, while under the influence of alcohol, ran over a man with a pickup truck and killed him.
The investigation was conducted by the Bureau of Indian Affairs Office of Justice Services and the Oglala Sioux Tribe Department of Public Safety. The case was prosecuted by Assistant U.S. Attorney Sarah B. Collins.
Brown Eyes was immediately turned over to the custody of the U.S. Marshals Service.
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Mission Man Sentenced for Third Degree Burglary, Aiding and AbettingRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Third Degree Burglary and Aiding and Abetting was sentenced on July 27, 2015, by U.S. District Judge Roberto A. Lange.
Preston White Feather, age 19, was sentenced to 11 months in custody with credit for time served, 4 months in a Residential Re-Entry Center, 2 years of supervised release, a $100 special assessment to the Federal Crime Victims Fund, and $8,638.31 restitution joint and several.
White Feather was indicted by a federal grand jury on November 13, 2014. He pled guilty on March 26, 2015.
On or about August 20, 2014, White Feather, co-defendant Nicola Black Lance, and two juveniles, broke into the Todd County government building in Mission and stole property, including firearms held in the Todd County Sheriff’s office, as well as some marijuana and cocaine. The group caused property damage to the building. Some of the co-defendants came up with the idea, some took part in the burglary, and all aided and abetted the burglary.
This case was investigated by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Tim Maher prosecuted the case.
White Feather was immediately turned over to the custody of the U.S. Marshals Service.
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Man from Mexico Sentenced for Illegal Reentry After DeportationRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Mexican Citizen convicted of Illegal Reentry After Deportation was sentenced on July 28, 2015, by U.S. District Judge Roberto A. Lange.
Pedro Reyes-Moreno, age 28, was sentenced to time served of 203 days, and a special assessment of $100 to the Federal Crime Victims Fund.
Reyes-Moreno was indicted by a federal grand jury on December 2, 2014. He pled guilty on June 3, 2015.
The conviction stems from an incident on or about December 1, 2014, when Reyes-Moreno, after having been previously deported from the United States in November of 2006 and June of 2012, was found back in the country. Reyes-Moreno illegally re-entered the United States at unknown dates. Reyes-Moreno did not obtain the consent of the Secretary of the United States Department of Homeland Security, and the Attorney General of the United States.
This case was investigated by the Immigration and Customs Enforcement. Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.
Reyes-Moreno was immediately turned over to the custody of the U.S. Marshals Service due to a detainer from the Immigration and Customs Enforcement.
Fort Thompson Man Sentenced for AbusiveRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, man convicted of Abusive Sexual Contact by Force was sentenced on July 29, 2015, by U.S. District Judge Roberto A. Lange.
Dillon Bagola, age 22, was sentenced to 10 years in custody, followed by 5 years of supervised release, $84.60 in restitution, and a special assessment of $100 to the Federal Crime Victims Fund.
Bagola was indicted by a federal grand jury on August 13, 2014. He pled guilty on March 26, 2015.
The conviction stems from an incident on or about August 3, 2014, when the victim was attending a birthday party. After the party, Bagola was to give her a ride home, but instead drove out to North Shore road in Fort Thompson, pulled over and forced the juvenile victim to engage in a sexual act with him.
This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Bagola was immediately turned over to the custody of the U.S. Marshals Service.# # #
Rosebud Man Sentenced for Assaulting, Resisting, or Impeding a Federal OfficerRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man convicted of Assaulting, Resisting, or Impeding a Federal Officer was sentenced on July 13, 2015, by U.S. Magistrate Judge Mark A. Moreno.
Anthony One Star, age 27, was sentenced to 11 months of custody, followed by 1 year of supervised release, and a special assessment of $25 to the Federal Crime Victims Fund.
One Star was indicted by a federal grand jury on January 14, 2015. He pled guilty on June 2, 2015.
The conviction stems from an incident on November 25, 2014, when One Star went to a friend’s house and would not leave the residence. One Star, while intoxicated, was being disrespectful and spitting on the kitchen floor. A police officer was summoned to remove One Star from the home, who refused to leave, and a struggle ensued between the officer and One Star, who kicked at the officer, as well as spat on him.
This case was investigated by Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Timothy M. Maher prosecuted the case.
One Star was immediately turned over to the custody of the U.S. Marshals Service.
Milwaukee Man Sentenced for Transportation for ProstitutionRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Milwaukee, Wisconsin, man convicted of Transportation for Prostitution was sentenced on July 16, 2015, by U.S. District Judge Karen E. Schreier.
Jaquon Duckworth, age 23, was sentenced to 10 months in custody, followed by 2 years of supervised release, and ordered to pay $100 to the Federal Crime Victims Fund.
Duckworth was indicted on the charge by a federal grand jury on July 8, 2014. He pled guilty on to the Indictment on April 22, 2015.
Sioux Falls Police detectives on the Street Crimes Unit became aware of prostitution activity occurring at a local hotel on June 22, 2014. Further investigation led to the defendant, Jaquon Duckworth, who was posting advertisements on line and accepting phone calls to arrange meetings for commercial sexual activity. Duckworth later admitted that he traveled from Milwaukee, Wisconsin, to Sioux Falls with a woman for the purpose of having her engage in prostitution activity.
This case was investigated by the Sioux Falls Police Department and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Duckworth was immediately turned over to the custody of the U.S. Marshals Service.
Milwaukee Man Indicted for Sex TraffickingRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Milwaukee, Wisconsin, man has been indicted by a federal grand jury for Sex Trafficking by Force, Fraud, or Coercion.
Justin Damon Keith, age 30, was indicted on July 7, 2015. He appeared before U.S. Magistrate Judge Veronica L. Duffy on July 14, 2015, and pled not guilty to the Indictment.
The charge carries a mandatory minimum penalty upon conviction of 15 years in prison, with a maximum of life in prison, and/or a $250,000 fine, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Between July 2014 and May 2015, the defendant allegedly recruited, enticed, harbored, transported, provided, obtained, and maintained a person, knowingly and recklessly disregarding that means of force, threats of force, fraud, and coercion would be used to cause the victim to engage in a commercial sex act.
The charge is merely an accusation and Keith is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Sioux Falls Police Department, U.S. Department of Homeland Security Investigations, and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Keith was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
St. Francis Man Sentenced for Assault with a Dangerous WeaponRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on July 13, 2015, by U.S. District Judge Roberto A. Lange.
Joseph Four Horns, age 37, was sentenced to 12 months and 1 day of custody, 2 years of supervised released, and a special assessment of $100 to the Federal Crime Victims Fund.
Four Horns was indicted by a federal grand jury on February 11, 2015. He pled guilty on April 21, 2015.
The conviction stems from an incident on or about January 1, 2015, when the victim went to a friend’s house in St. Francis where he encountered Four Horns who, without provocation, began an altercation with him. Four Horns pushed the victim to the ground, and then proceeded to kick the victim about the body and face.
This case was investigated by Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.
Four Horns was immediately turned over to the custody of the U.S. Marshals Service.
Pine Ridge Man Convicted in Child Abuse CaseRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that Timothy Kenneth White Plume, age 36, of Pine Ridge, South Dakota, was found guilty of Felony Child Abuse and Neglect, and Assault Resulting in Serious Bodily Injury, at the conclusion of a seven-day federal jury trial in Rapid City, South Dakota. The jury returned the verdict on July 14, 2015.
The maximum penalty on the child abuse charge is 15 years in custody and/or a $250,000 fine, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. The maximum penalty on the assault charge is 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The conviction stems from White Plume assaulting a three-month old baby in December of 2012 at Pine Ridge, causing multiple skull fractures, catastrophic brain injury, broken ribs, and a broken leg.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, and the South Dakota Division of Criminal Investigation.
Assistant U.S. Attorneys Sarah B. Collins and Gregg S. Peterman prosecuted the case.
A presentence investigation was ordered and a sentencing date will be set. The defendant was remanded to the custody of the U.S. Marshals Service.
Historic Memorandum of Agreement Signed Regarding Reentry Services on the Standing Rock ReservationRead the Press Release
Acting United States Attorney Randolph J. Seiler for the District of South Dakota, and Christopher C. Myers, Acting United States Attorney for the District of North Dakota, announced the signing of a Memorandum of Agreement (MOU) between the Standing Rock Sioux Tribe and the Multijurisdictional Reentry Services Team at a ceremony at Standing Rock Sioux Tribal Council Chambers in Fort Yates, ND. The ceremony took place on Tuesday July 7, 2015.
The historic agreement is the first time this many federal, state, and tribal agencies have worked together to address a nationwide problem that is amplified in Indian country. The agreement is also unique because it covers Standing Rock Reservation, which encompasses both South Dakota and North Dakota, and has jurisdictional issues because of its location. The Multijurisdictional Reentry Services Team recognizes that this remote area of reservation typically does not allow people returning home to have access to services and resources found in larger urban areas. The team shares a common interest and goal towards the successful reentry of people returning home to the reservation after their incarceration.
The agreement was lauded by Troy Morley, a reentry services team member, Assistant U.S Attorney, and Tribal Liaison for the District of South Dakota. “This truly is a great opportunity for the Standing Rock Sioux Tribe and all of the state and federal partners to work together. The goal of the team is taking positive steps towards re-acclimating tribal members, in a positive and culturally related manner, that are returning home from serving time away in prison. The population our team is targeting are returning home to the reservation regardless, so the Tribe’s creation of this working group, and the programs they intend to introduce, will increase public safety and reduce recidivism on the Standing Rock Reservation,” said Morley.
The agreement was also commended by Gary Delorme, a reentry services team member, and Assistant U.S. Attorney for the District of North Dakota. “It was a lengthy process that required the collaboration of many federal, state, and tribal reentry group members contributing significant time and expertise in formulating this groundbreaking agreement. We have a sovereign tribal government coming together with authorities from two different states and two different federal districts, historically agreeing to partner together in aiding the Standing Rock Tribe to formulate a reentry program that will benefit the community, increase the safety of tribal members, and assist tribal members returning from prison in choosing a path that will help lead them away from a life of crime,” said Delorme.
The MOU was signed by the South Dakota U.S. Attorney’s Office, North Dakota U.S. Attorney’s Office, Standing Rock Sioux Tribe, Bureau of Indian Affairs Office of Justice Services Standing Rock Agency, South Dakota Department of Corrections, North Dakota Department of Corrections and Rehabilitation, South Dakota Unified Judicial System, North Dakota U.S. Probation and Pretrial Services, South Dakota U.S. Probation and Pretrial Services, South Dakota Department of Tribal Relations, and the North Dakota Indian Affairs Commission.
Eagle Butte Man Sentenced for Assault with a Dangerous WeaponRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on July 6, 2015, by U.S. District Judge Roberto A. Lange.
Kola Eagle Hunter, age 30, was sentenced to 30 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Eagle Hunter was indicted by a federal grand jury on May 13, 2014, for Assault with a Dangerous Weapon. He pled guilty to the Indictment on April 8, 2015.
The conviction arose from a July 20, 2013, incident in Eagle Butte, when Eagle Hunter drove by the victim’s house and yelled at him. Eagle Hunter was angry with the victim because he believed the victim had broken out the windows in Eagle Hunter’s father’s car several weeks earlier. Later that same day, Eagle Hunter took a club, and ran up to the victim’s front porch. The victim was smoking a cigarette on his front porch when Eagle Hunter struck him in the head with a club. The victim suffered a 5 to 6 inch laceration on his head, which required 16 staples to close.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Alison Ramsdell prosecuted the case.
Eagle Hunter was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.
Wakpala Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Wakpala, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on June 22, 2015, by U.S. District Judge Charles B. Kornmann.
Adrian Spotted Horse, age 36, was sentenced to 15 months in custody, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Spotted Horse was indicted by a federal grand jury on January 14, 2015. He pled guilty on March 30, 2015.
The conviction stems from Spotted Horse failing to register as a sex offender between August 26, 2014, and November 17, 2014, as required by federal law. Spotted Horse was previously convicted of a sex offense in federal court, which requires him to register as a sex offender for 15 years starting in 2014.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Spotted Horse was immediately turned over to the custody of the U.S. Marshals Service.
Mobridge Man Sentenced for Excavation of Archaeological ResourcesRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Mobridge, South Dakota, man charged with Excavation of Archaeological Resources pled guilty to and was sentenced on June 25, 2015, by U.S. Magistrate Judge William D. Gerdes.
Carl Overbey, a/k/a CJ Overbey, age 40, was sentenced to 1 year probation, a fine in the amount of $1,000, and a special assessment of $25 to the Federal Crime Victims Fund. Overbey was also ordered to turn over the illegally taken artifacts.
The conviction stems from an incident that took place during the week of September 15, 2014, when a U.S. Fish and Wildlife agent was notified by the Walworth County Sheriff’s office that the Sheriff had seized a collection of Native American artifacts from Overbey. The agent had contact with two U.S. Army Corps of Engineers Archaeologists in October of 2014, who recognized that the collection contained numerous artifacts that appeared to be consistent with those known to come from public land along the Missouri river. The agent also identified two eagle bone whistles in the collection. Overbey admitted that he had personally collected the artifacts from the Revheim Recreation area, southeast of Mobridge, and the Point of View area north of Mobridge. He also admitted that he knowingly went to those areas looking for artifacts and removed any artifacts he found.
The investigation was conducted by the U.S. Fish and Wildlife Service. The case was prosecuted by Assistant U.S. Attorney Meghan N. Dilges.
Kansas Man Sentenced for Simple AssaultRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Kansas man charged with Simple Assault pled guilty to and was sentenced on June 25, 2015, by U.S. Magistrate Judge Mark A. Moreno.
Sebastian Rosas, age 43, was sentenced to 8 days in custody, and a $10 assessment to the Federal Crime Victims Fund.
The conviction stems from an incident that took place on June 17, 2015, in Eagle Butte, South Dakota, when Rosas attempted to keep the victim from walking away from him by grabbing at her, scratching her neck, and pulling her hair.
The investigation was conducted by the Cheyenne River Sioux Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Jay Miller.
Howes Man Sentenced for LarcenyRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Howes, South Dakota, man convicted of Larceny was sentenced on June 24, 2015, by U.S. District Judge Roberto A. Lange.
Leland Logg, age 38, was sentenced to 4 years of probation, $7,583.15 in restitution, and a $100 special assessment to the Federal Crime Victims Fund.
Logg was indicted by a federal grand jury on January 14, 2015, for Larceny. He pled guilty to the Indictment on March 23, 2015.
The conviction arose when Logg, as treasurer of the Dakota Oyate Challenge Basketball Tournament Board, stole $7,583.00 from the Board by writing checks to himself, his girlfriend, and various businesses, from the Dakota Oyate bank account with Wells Fargo Bank. Logg used this money for his own personal use and to pay his personal bills in and around Eagle Butte and Dewey County.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Jay Miller prosecuted the case.
Eagle Butte Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on June 22, 2015, by U.S. District Judge Roberto A. Lange.
David Marrowbone, age 51, was sentenced to 15 months in custody, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Marrowbone was indicted by a federal grand jury on June 10, 2014. He pled guilty to the Indictment on March 26, 2015.
The conviction arose from Marrowbone’s failure to register and update his sex offender registration from between February 3, 2014, and March 13, 2014, as required by federal law. Marrowbone was required to register due to his federal conviction in 1982 for Assault with Intent to Commit Rape.
This case was investigated by the U.S. Marshals Service and the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Jay Miller prosecuted the case.
Marrowbone was immediately turned over to the custody of the U.S Marshals Service to begin serving his sentence.