District of South Dakota
Press releases recorded for this federal judicial district.
Eagle Butte Man Sentenced for Assault Resulting in Substantial Bodily Injury to an Intimate Partner and Assault by Striking, Beating, and WoundingRead 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 and Assault by Striking, Beating, and Wounding was sentenced on June 22, 2015, by U.S. District Judge Roberto A. Lange.
Julius Titus, III, age 35, was sentenced to 7 months in custody, followed by 18 months of supervised release, and a $125 special assessment to the Federal Crime Victims Fund.
The conviction arose from a June 26, 2014, incident when Titus and his intimate partner got into a verbal argument. A male victim tried to intervene and Titus became angry, and without just cause or excuse, struck the male victim one time in the face, knocking him out. At that point, Titus’s intimate partner became angry and upset at Titus, who then physically assaulted her by pushing her down and causing her to twist and injure her ankle.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Titus was immediately turned over to the custody of the U.S. Marshals Service.
Court of Appeals Affirms Convictions and Sentence of Sioux Falls Man for 26 Investment Fraud FeloniesRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that the Eighth Circuit Court of Appeals, in a published opinion issued June 30, 2015, affirmed all 26 felony fraud convictions and the nine-year federal prison sentence of Randal Kent Hansen. Hansen, age 67, is originally from Doland, South Dakota, and most recently from Sioux Falls.
Hansen was convicted in a January 2014 federal jury trial and sentenced in May 2014 by U.S. District Judge Karen E. Schreier. Hansen was convicted for Conspiracy to Commit Wire Fraud and Mail Fraud, four counts of Wire Fraud, and twenty-one counts of Mail Fraud.
The case involved the investigation of a hedge fund known as RAHFCO Funds, Limited Partnership, and RAHFCO Growth Fund, Limited Partnership. As president of the fund, Randy Hansen collected money from over a hundred investors that totaled over $20 million dollars. Investors were told that only a small portion of the money would be used to make trades on the futures market for the S&P 500, that the rest was securely invested in government securities, and that they could withdraw funds at will. The fund operated from 2007 until April 2011, when one of Hansen’s co-conspirators turned himself into authorities. The investigation revealed that the fund was operating in a Ponzi-like fashion, with new investor money being used to pay off existing investors seeking to withdraw funds. As part of his sentence, Hansen has also been ordered to pay over $17.5 million in restitution to his victims.
Hansen appealed his convictions, arguing that there was insufficient evidence presented of Hansen’s knowledge that the funds were a fraud. The Eighth Circuit Court of Appeals disagreed, citing Hansen’s role as a founder and general partner of one of the fraudulent funds. The appellate court discussed numerous examples of evidence presented at trial that Hansen made false statements directly to investors about the fund’s investment strategy, investor balances, and its performance. At multiple times, Hansen also falsely assured investors that the fund was secure, misrepresenting to them that it was being audited and that balances were being verified by several accounting firms. These sorts of affirmative misrepresentations, the court concluded, provided sufficient evidence for the jury to conclude that Hansen knew the fund was fraudulent and that he intended to defraud investors.
Acting U.S. Attorney Seiler lauded the decision. “The appellate court’s decision, affirming more than two dozen felony convictions, brings to a close our successful prosecution of this complex, multi-million dollar fraud scheme. Hansen’s scheme left many victims without their life’s savings. His prison sentence and hefty restitution judgment should send a clear message about the high price of greed and deception,” said Seiler.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Glencoe CampResort II L.L.C. and California Man Sentenced for Clean Water Act ViolationsRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that Glencoe CampResort II L.L.C. of rural Meade County, South Dakota, and Sean Clark from Hacienda Heights, California, pled guilty to and were sentenced for Clean Water Act violations on June 22, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Sean Clark, age 48, pled guilty to Knowing Discharge of a Pollutant From a Point Source Into a Water of the United States. Glencoe CampResort II, L.L.C., through its managing partner Devorah Lopez, pled guilty to Negligent Discharge of a Pollutant From a Point Source Into a Water of the United States. In accordance with the terms of the negotiated plea agreement, Clark and Glencoe CampResort II were each sentenced to four years of probation, with terms to include complying with an Administrative Order of Consent with the Environmental Protection Agency (EPA), preparing and following an Environmental Compliance plan, and a fine and Community Service payment of $250,000. Clark will also be required to perform 100 hours of community service in South Dakota.
The fine and community service are to be paid jointly and severally between the two Defendants. Of the $250,000, $83,000 was ordered to Meade County to be used for environmental purposes, $83,000 was ordered to the South Dakota Department of Environment and Natural Resources (DENR), and $84,000 was ordered to the United States.
“This case is a prime example of the Federal government working closely with the State, local communities, businesses, and concerned individuals to ensure our water sources remain safe and well suited for multi-purpose use,” said Acting U.S. Attorney Randy Seiler. “Public awareness and support for protecting and enhancing water quality has led to even more vigorous enforcement of environmental laws. And people who intentionally jeopardize water supplies will pay the consequences, as evidenced by the sentence handed down.”
Clark and Lopez purchased Glencoe CampResort II, L.L.C. in January 2009. Bear Butte Creek runs through Glencoe and is a designated cold water fishery by the State of South Dakota. The Creek has been designated as a navigable water of the United States by the United States Army Corps of Engineers. During the Sturgis Motorcycle Rally, the Creek is used by campers at Glencoe for recreational purposes. The Creek is also used by other downstream property owners for watering livestock on their properties.
In July 2012, concerned citizens called the DENR Water Rights program and the United States Army Corps of Engineers to complain about the lack of water in the Creek. As a result, a DENR representative made a site visit to Glencoe, and observed that a dirt dam had been constructed across the Creek impounding water.
It was determined that the dam at the Campground was approximately 75 feet across, 20 feet wide, and 6 feet high, and that approximately 500 cubic yards of material was used to construct the dam, and that the impounded water created a pool approximately 500 feet upstream. Due to the illegal construction of the dam without valid permits, both DENR and the Corps of Engineers issued a Notice of Order to Discontinue Illegal Use of Water and Notice of Violation and Cease and Desist letter to Glencoe. The dam at Glencoe was not removed as ordered, and litigation ensued.
“Federal waterways are regulated to protect water quality, wildlife and human health,” said Jeffrey Martinez, Special Agent in Charge of EPA’s criminal enforcement program in South Dakota. “The defendants’ failure to secure the required permits jeopardized the overall health of Bear Butte Creek, resulting in fish kills and a loss of water for livestock. Today’s sentence demonstrates that EPA and its law enforcement partners will remain vigilant in protecting our local water supplies on which communities depend.”
The investigation was conducted by the EPA, Meade County State’s Attorney’s office, Meade County Sheriff’s Office, DENR, U.S. Army Corps of Engineers, and the South Dakota Attorney General’s Office. The case was prosecuted by Assistant U.S. Attorney Meghan N. Dilges.
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Fort Thompson Man Sentenced for Assault Resulting in Serious Bodily Injury and Assaulting a Federal OfficerRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury, and Assaulting, Resisting, and Impeding a Federal Officer was sentenced on June 23, 2015, by U.S. District Judge Roberto A. Lange.
Derek Kenendy, age 35, was sentenced to 27 months in custody, followed by 2 years of supervised release, and a special assessment of $200 to the Federal Crime Victims Fund.
Kennedy was indicted by a federal grand jury on December 9, 2014. He pled guilty on March 26, 2015.
The convictions stem from two separate incidents.
On July 9, 2013, one of the victims was walking home when Kennedy came up to her and hit her on the left side of her face with his fist, knocking her to the ground. While on the ground, Kennedy kicked her in the face, breaking her jaw in two places. The victim had to have her jaw wired shut for several weeks.
On October 4, 2014, the above victim and Kennedy began to argue and Kennedy hit the victim. Law enforcement was called. A Bureau of Indian Affairs (BIA) officer arrived at the home and made contact with the victim and Kennedy.
The officer attempted to arrest Kennedy, who resisted. A physical struggle ensued with the officer, as Kennedy refused to follow commands and swung at the officer.
This case was investigated by the BIA, Crow Creek Agency. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Kennedy was immediately turned over to the custody of the U.S. Marshals Service.
Faulkton Man Sentenced for Possession of Ammunition by a Prohibited PersonRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Faulkton, South Dakota, man convicted of Possession of Ammunition by a Prohibited Person was sentenced on June 22, 2015, by U.S. District Judge Roberto A. Lange.
Frank Facinelli, age 43, was sentenced to 12 months and 1 day in custody, followed by 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Facinelli was indicted by a federal grand jury on July 15, 2014. He pled guilty on April 6, 2015
Facinelli, who had multiple felony convictions, was convicted of Third Offense felony Driving Under the Influence in 2012 in Faulk County. In October 2014, a parole search of Facinelli’s residence in Faulk County confirmed the presence of approximately 1,000 rounds of ammunition.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Jay Miller prosecuted the case.
Facinelli was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.
McLaughlin Man Sentenced for Third Degree BurglaryRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man convicted of Third Degree Burglary was sentenced on June 15, 2015, by U.S. District Judge Charles B. Kornmann.
Blake Crow Ghost, age 21, was sentenced to 6 months in custody, followed by 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Crow Ghost was indicted for First Degree Burglary, Assault with a Dangerous Weapon, and Third Degree Burglary by a federal grand jury on June 23, 2014. He pled guilty to Third Degree Burglary on March 5, 2015.
The conviction arose from a June 22, 2013, incident at McLaughlin, when Crow Ghost and two co-defendants entered a garage and damaged a sitting area, and also removed speakers from the garage and smashed them against the house. Later that night, Crow Ghost joined in physical altercations between his co-defendants and several victims. Crow Ghost kicked one victim while he was on the ground, tackled another victim and caused her to fall into a garage door, and attacked a third victim.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Jay Miller prosecuted the case.
Crow Ghost was immediately turned over to the custody of the U.S. Marshals Service.
Two from Minneapolis Sentenced for Sex TraffickingRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that David Nance, age 31, and Ashley Crayton, age 26, of Minneapolis, were sentenced by U.S. District Judge Karen E. Schreier for sex trafficking.
Nance pled guilty to the charge of Transportation for Prostitution on March 19, 2015. He was sentenced on June 8, 2015, to 37 months in custody, followed by 3 years of supervised release.
Crayton pled guilty to the charge of Interstate Travel or Transportation in Aid of Racketeering Enterprise on February 6, 2015. She was sentenced on May 21, 2015, to time served and 2 years of supervised release.
In September of 2014, Sioux Falls police responded to a call from the Red Roof Inn regarding a complaint of possible prostitution activity at the hotel. Several men were observed entering and leaving a specific room in the hotel. Further investigation was completed and the two defendants were subsequently arrested for working together to promote prostitution.
Crayton posted prostitution advertisements on Backpage.com, while Nance provided the transportation, paid for the hotel room, and took all of the money from the prostitution victim in this case.
The case was investigated by the Sioux Falls Police Department and Homeland Security Investigations. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Nance was immediately turned over to the custody of the U.S. Marshals Service.First Cousins from La Plant Sentenced for IncestRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a La Plant, South Dakota, man and woman, convicted of Incest, were sentenced by U.S. District Judge Roberto A. Lange.
Nicholas Ray White Eagle, age 28, was sentenced to 12 months and one day in custody, followed by 1 year of supervised release. Fawn Lynn Scott, age 22, was sentenced to 4 months in custody, followed by 2 years of supervised release. Both were ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
White Eagle and Scott were indicted by a federal grand jury on January 14, 2015, and pled guilty to Incest in March of 2015.
On or about October 21, 2013, first cousins White Eagle and Scott had consensual sexual intercourse that produced a child with a genetic disability. This is the third child born to these two cousins. At the time of the sexual intercourse, White Eagle and Scott were not legally married and were within the degrees of consanguinity with each other within which a marriage was void.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
White Eagle and Scott were immediately turned over to the custody of the U.S. Marshals Service.
Timber Lake Man Sentenced for LarcenyRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Timber Lake, South Dakota, man charged with Larceny, pled guilty to and was sentenced on June 3, 2015, by U.S. Magistrate Judge Mark A. Moreno.
Chapen Kraft, age 18, was sentenced to 18 months of probation and a special assessment of $25 to the Federal Crime Victims Fund.
The conviction stems from an incident between September 15, 2014, and October 11, 2014, when Kraft broke into a barn or storage shed and stole a two-ton jack, a 12-volt jumper box, a roll of air hose, an 8 foot roll of cable, and a used vehicle tire.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Agency. Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.
New York Man Sentenced for Trafficking Unauthorized Access DevicesRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Bronx, New York, man convicted of Using or Trafficking in an Unauthorized Access Device and Aiding and Abetting was sentenced on June 2, 2015, by U.S. District Judge Roberto A. Lange.
Francis Frias, age 21, was sentenced to serve 2 years in federal prison, followed by 2 years of supervised release, $10,040.92 in restitution, joint and several with his co-defendants, and a $100 special assessment to the Federal Crime Victims Fund.
The conviction arose from activities that occurred between June 23, 2014, and July 5, 2014, when Frias and two co-defendants used “account takeovers” — which is where the defendants posed as established AT&T customers who wanted to upgrade by adding new lines or phones to their existing cell plans. Frias and his co-defendants were provided confidential subscriber information while they were outside an AT&T store. Before Frias or one of his co-defendants went into an AT&T store, another person had already called into AT&T and added one of the three of them as an authorized user to the original AT&T customer’s account. Once the cell phones were purchased, Frias mailed them to addresses provided by another individual. Frias would be paid for each phone he purchased and shipped.
On July 5, 2014, a traffic stop was conducted on Interstate 90 in Jones County. The three individuals in the vehicle, including Frias, were from New York. The vehicle was a rental and was due back in Colorado on June 24, 2014. A probable cause search was conducted and a white plastic bag with 14 brand new, in-the-box Apple 5S iPhones were found in the trunk, along with receipts from an AT&T Store in Pierre, South Dakota. The names on the receipts did not match any of the three individuals in the vehicle.
This case was investigated by the Office of Attorney General, Division of Criminal Investigation, and the U.S. Department of Homeland Security, Secret Service. Assistant U.S. Attorney Jay Miller prosecuted the case.
Frias was immediately turned over to the custody of the U.S. Marshals Service.
Five Men Charged in Federal Court with Attempted Commercial Sex TraffickingRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that five men have been charged with Attempted Commercial Sex Trafficking after responding to on-line advertisements. The U.S. Department of Homeland Security Investigations, along with the South Dakota Internet Crimes Against Children Task Force, conducted an on-line undercover operation to identify persons who attempt to purchase sex acts with children.
Jose Joaquin Oxlaj, age 26, of Guatamala, was indicted on May 5, 2015. He appeared before U.S. Magistrate Judge Veronica L. Duffy on May 11, 2015, and pled not guilty to the Indictment.
Nathanuel Walter Downs, age 27, of Sioux City, Iowa; Benjamin Lyle Iverson, age 25, of Sioux Falls; Lance Eugene Hunter, Jr., age 29, of Little Rock, Iowa; and Scott Robert Larson, age 29, of Sioux Falls, were indicted on June 2, 2015, and made their initial appearances before U.S. Magistrate Judge Veronica L. Duffy on June 3 and 4, 2015. Each of the men pled not guilty to the Indictment.
There is a mandatory minimum sentence of 10 years imprisonment, with a maximum sentence of life, a $250,000 fine, supervised release of not less than 5 years and up to life, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges are merely accusations and each man is presumed innocent until and unless proven guilty.
Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the cases.
Oxlaj was remanded to the custody of the U.S. Marshals Service pending trial. Iverson was returned to the custody of Minnehaha County where he is facing state charges for assaulting a law enforcement officer. Downs, Larson and Hunter were released on bond. Trial dates have not been set.Colorado Man Sentenced for Drug ConspiracyRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Denver, Colorado, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on June 3, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Vincent Rios, age 32, was sentenced to 87 months in federal prison, followed by 4 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Rios pled guilty to the charge on December 17, 2014. The charge related to Rios conspiring with others to distribute 50 grams or more of methamphetamine in the District of South Dakota in 2014.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Rapid City Police Department, the South Dakota Highway Patrol, the South Dakota Division of Criminal Investigation, and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Rios was immediately turned over to the custody of the U.S. Marshals Service.
Rosebud Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man convicted of Conspiracy to Distribute and Possession with Intent to Distribute a Controlled Substance was sentenced on June 1, 2015, by U.S. District Judge Roberto A. Lange.
Lawrence Bordeaux, age 31, was sentenced to 21 months in custody, 2 years of supervised release, a $1,000 fine, and a $100 special assessment to the Federal Crime Victims Fund. He will also forfeit $1,200 seized during his arrest.
Bordeaux was indicted by a federal grand jury on June 10, 2014. He pled guilty on March 3, 2015.
The conviction arose from a March 2014 traffic stop on the Rosebud Reservation, when Bordeaux did not have a driver’s license and was suspected of being under the influence. When a police service dog indicated twice on the vehicle, Bordeaux was patted down and placed in the patrol car. Officers found three rolled bundles of money that totaled $1,200 in Bordeaux’s pocket, and a digital scale and a marijuana cigarette in his vehicle. During the booking process, Bordeaux admitted he had hidden some plastic baggies on his person. These baggies contained a white powder residue. When Bordeaux was escorted to the shower room, he pulled out three more containers that contained 7.48 grams of methamphetamine. Bordeaux admitted that he had been distributing methamphetamine, mainly in South Dakota.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Jay Miller prosecuted the case.
Bordeaux was immediately turned over to the custody of the U.S. Marshals Service. # # #
Mission Woman Sentenced for Misprison of A FelonyRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, woman convicted of Misprison of a Felony was sentenced on June 1, 2015, by U.S. District Judge Roberto A. Lange.
Chelsea Larvie, age 21, was sentenced to six months in custody with credit for six months served, one year of supervised release, a $100 special assessment to the Federal Crime Victims Fund, and $8,638.31 in restitution.
Larvie was indicted for Misprison of a Felony by a federal grand jury on December 9, 2014. She pled guilty on March 2, 2015.
On or about August 26, 2014, Larvie was aware burglary and larceny offenses had been committed at the Todd County government building by her friends, but she concealed her knowledge of the felony offenses from law enforcement authorities investigating the matter, as well as misled authorities.
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.
Larvie was immediately turned over to the custody of the U.S. Marshals Service.
Former Elementary School Janitor Sentenced for Illegal Use of the InternetRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Enticement of a Minor Using the Internet was sentenced on June 3, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Casey James Godfrey, age 30, was sentenced to serve 20 years in federal prison, followed by 20 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Between July 2013 and January 2014, at Rapid City, Godfrey used the Internet to entice a 13 year-old female and a 15 year-old female to email him several photographs of them in various stages of undressing, to include nude and partially nude photos. At the time of his arrest, Godfrey was working as a janitor at Pinedale Elementary School.“This sentence sends a strong message,” said Seiler. “Preventing the sexual exploitation and abuse of children is a top priority of our office, and the 20-year federal prison term that was handed down should reinforce that there will be severe criminal consequences for Internet predators.”
The investigation was conducted by the Internet Crimes Against Children Task Force. The case was prosecuted by Assistant U.S. Attorney Sarah B. Collins.
Godfrey was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for Felony Child Abuse and Aiding and AbettingRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Felony Child Abuse and Aiding and Abetting was sentenced on May 29, 2015, by U.S. District Judge Roberto A. Lange.
Francis Swan, age 25, was sentenced to 30 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
On or about October 18, 2014, the defendant’s 20-month-old son died as a result of blunt force trauma to the child’s head. Two months prior, Swan and Jordyn Blue Coat, his wife and co-defendant, had regained custody of their baby from a Mobridge couple who had been taking care of him since his birth. He was a difficult baby who frequently cried and was hard to console. This became difficult for the mother, and to some extent, for Swan. During the last two months of his life, the child was abused, tortured, and cruelly punished by Jordan Blue Coat for his fussy behavior.
After the child’s death, an autopsy found that he had died from blunt force trauma to his skull, which caused a subdual hemorrhage and in turn led to bilateral cerebral brain failure. But in addition to the head trauma, the child had multiple burns, contusions, abrasions, and injuries all over his body, which included chronic and acute bone fractures.
While Swan did not cause these injuries, he exposed the child to this physical abuse by the child’s mother and also failed to seek medical attention and treatment for the child’s many injuries, including the bone fractures.
This case was investigated by the Federal Bureau of Investigation, the South Dakota Department of Social Services, and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Swan was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.
Cherry Creek Man Sentenced for Assault Resulting in Serious Bodily InjuryRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Cherry Creek, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on June 1, 2015, by U.S. District Judge Roberto A. Lange.
Joshua Hale, age 24, was sentenced to 24 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Hale was indicted by a federal grand jury on December 9, 2014. He pled guilty to the Indictment on March 26, 2015.
The conviction arose from a February 6, 2014, incident when Hale became upset at the victim for not supporting him and backing him up during an earlier altercation. Hale assaulted the victim with his fist, striking him several times in the face and head, until the victim was knocked unconscious. As a result of the assault by Hale, the victim received two fractures of his facial bones, and numerous stitches to both the inside and outside of his lip.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorneys Mikal Hanson and Jay Miller prosecuted the case.
Hale was immediately turned over to the custody of the U.S. Marshals Service.
Two Pine Ridge Men Sentenced for Assault with A Dangerous Weapon and Assault Resulting in Serious Bodily InjuryRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that two Pine Ridge, South Dakota, men convicted of Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury were sentenced on June 2, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court. The men were found guilty at the conclusion of four-day federal jury trial in Rapid City in February.
Wesley Running Shield, age 28, and Michael Alford, age 33, both of Pine Ridge, were each sentenced to 15 years in custody, 3 years of supervised release, and ordered to pay a $200 special assessment to the Federal Crime Victims Fund.
The convictions stem from Running Shield and Alford assaulting a male with a metal bar and shod feet on June 12, 2014, at Pine Ridge. The defendants utilized a metal bar to break the victim’s leg and hand and caused a large laceration on his head.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.
Assistant U.S. Attorneys Sarah B. Collins and Kathryn N. Rich prosecuted the case.
Running Shield and Alford were immediately turned over to the custody of the U.S. Marshal's Service.
Rapid City Man Sentenced to Life for Drug ConspiracyRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Conspiracy to Distribute Methamphetamine, Possession of Firearms During a Drug Trafficking Crime, Felon and Fugitive in Possession of Firearms, Possession of Methamphetamine with the Intent to Distribute, and Distribution of Methamphetamine was sentenced on May 27, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court. The convictions were the result of an eight-day federal jury trial in Rapid City in December of 2014.
Luis Olivares, age 43, was sentenced to life imprisonment without the possibility of release, and ordered to pay $600 in special assessments to the Federal Crime Victims Fund.
The convictions stem from a conspiracy led by Olivares, involving the recruitment of many other participants, including minors, to illegally distribute approximately 5 to 15 kilograms of methamphetamine in South Dakota and elsewhere. The conspiracy began in 2008 and concluded in late 2010 after Olivares and 15 others were indicted for various drug and firearms offenses.
While involved in this conspiracy, Olivares engaged law enforcement in a high-speed chase, which ended in him crashing his vehicle, which had approximately two pounds of methamphetamine inside. During the pursuit by law enforcement, Olivares threw a pound of methamphetamine out the car window. After the crash, he fled on foot and hid an additional pound of methamphetamine under a rock in a field.
Olivares has two previous drug felony convictions out of Colorado, which contributed to his enhanced sentence. All of the 15 co-defendants pleaded guilty to at least one federal felony offense. The methamphetamine that Olivares led the others in distributing was distributed primarily in Rapid City and on the Pine Ridge Indian Reservation.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives, Drug Enforcement Administration, the Unified Narcotics Enforcement Team, the Rapid City Police Department, the Pennington County Sheriff’s Office, and the South Dakota Highway Patrol. Assistant U.S. Attorneys Kathryn N. Rich and Jay Miller prosecuted the case.
Olivares was immediately returned to the custody of the U.S. Marshals Service.
Wakpala Man Sentenced for Assault Resulting in Serious Bodily Injury and Sexual Abuse of A MinorRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Wakpala, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury and four counts of Sexual Abuse of a Minor was sentenced on May 15, 2015, by U.S. District Judge Charles B. Kornmann. The convictions were the result of a jury trial held in Pierre in September of 2014.
Stoney End Of Horn, age 37, was sentenced to 293 months in custody, 5 years of supervised release, and a $500 special assessment to the Federal Crime Victims Fund.
The assault conviction stemmed from an incident that occurred in September 2008 near Wakpala, when End Of Horn assaulted the victim on a rural road. The 2008 assault caused multiple facial fractures and internal injuries to the victim’s brain. The surgeon that repaired the victim’s face described the bones as “busted up so bad they were like a bag of potato chips.” Eventually, injuries from the assault caused the victim to have a cerebellar infarction on February 9, 2010. The evidence at trial established that the victim never recovered from the cerebellar infarction and died at Triumph Long-Term Care Hospital in Mandan, North Dakota, on June 25, 2010.
The sexual abuse convictions arose from incidents in 2010 when End Of Horn, who had previously been convicted in South Dakota State Court for Possession, Manufacturing, and Distributing Child Pornography, engaged in repeated sexual acts with a minor victim he was caring for in Wakpala. The young victim considered End Of Horn to be a father figure.
This case was investigated by the Federal Bureau of Investigation, the Bureau of Indian Affairs, Standing Rock Agency, the National Park Service, and the Mobridge Police Department. The case was prosecuted by Assistant U.S. Attorneys Troy R. Morley and Mikal Hanson.
End Of Horn was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.
Six Defendants Sentenced in Fraudulent Tax Refund SchemeRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that all six defendants involved in a recent scheme to defraud the Internal Revenue Service (IRS) and identity theft have now been sentenced by U.S. District Judge Karen E. Schreier. On February 4, 2014, all six defendants were indicted for Conspiracy to Defraud the United States and five of the six defendants were indicted for Aggravated Identity Theft.
Jennifer Robinson, age 26, of Fargo, ND, pled guilty to the charges in October of 2014. She was sentenced on May 18, 2015, to 1 day in custody to be followed by 2 years of supervised release on the conspiracy charge, and 24 months in custody to be followed by 1 year of supervised release on the identity theft offense. The time in custody will be served consecutively, and the supervised release will be served concurrently. Robinson was also ordered to pay $33,015.00 in restitution to the IRS.
Shawnte Washington, age 32, of Tampa, FL, pled guilty to the charges in February of 2015. She was sentenced on May 18, 2015, to 1 day in custody to be followed by 2 years of supervised release on the conspiracy charge, and 24 months in custody to be followed by 1 year of supervised release on the identity theft offense. The time in custody will be served consecutively, and the supervised release will be served concurrently. Washington was also ordered to pay $16,065.00 in restitution to the IRS.
Undra Stewart Franks, age 28, of Little Rock, AR, pled guilty to the offenses in February of 2015. He was sentenced on May 4, 2015, to 1 day in custody to be followed by 2 years of supervised release on the conspiracy charge, and 24 months in custody to be followed by 1 year of supervised release on the identity theft offense. The time in custody will be served consecutively, and the supervised release will be served concurrently. Franks was also ordered to pay $9,679.00 in restitution to the IRS.
Timothy L. Brister, Jr., age 30, of Tampa, FL, pled guilty to the offenses in January of 2015. He was sentenced on April 27, 2015, to 1 day in custody to be followed by 2 years of supervised release on the conspiracy charge, and 24 months in custody to be followed by 1 year of supervised release on the identity theft offense. The time in custody will be served consecutively, and the supervised release will be served concurrently. Brister was also ordered to pay $9,679.00 in restitution to the IRS.
Anna Weber, age 28, of Horace, ND, pled guilty to the conspiracy charge in October of 2014. She was sentenced on April 16, 2015, to 3 years of probation. Weber was also ordered to pay $73,146.81 in restitution to the IRS.
Donta J. Moore, age 29, of Kansas City, MO, pled guilty to the charges in October of 2014. He was sentenced on March 13, 2015, to 27 months in custody to be followed by 2 years of supervised release on the conspiracy charge, and 24 months in custody to be followed by 1 year of supervised release on the identity theft offense. The time in custody will be served consecutively, and the supervised release will be served concurrently. Moore was also ordered to pay $160,176.18 in restitution to the IRS.
Donta Moore and Undra Stewart Franks played for the Sioux Falls Storm Arena Football team in 2012.
The convictions stemmed from the defendants conspiring to defraud the United States by using stolen personal information, including names, Social Security numbers, and dates of birth, to file fraudulent income tax returns which claimed false income tax refunds. Five of the six defendants were also convicted of identity theft for their part in stealing the personal information. The investigation was conducted by the IRS– Criminal Investigation. The Moorhead, MN Police Department and the U.S. Secret Service also aided in the investigation. Assistant U.S. Attorney John E. Haak prosecuted the case.
Fort Thompson Man Sentenced for ArsonRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, man convicted of Arson was sentenced on May 12, 2015, by U.S. District Judge Roberto A. Lange.
Lewis Brown, Jr., age 21, was sentenced to 42 months in custody, 4 years of supervised release, $45,661.86 in restitution, and a $100 special assessment to the Federal Crime Victims Fund.
Brown was indicted by a federal grand jury on December 9, 2014. He pled guilty on March 9, 2015.
The conviction stems from an incident on or about October 15, 2014, when Brown, who was at the residence of the victim in Fort Thompson, had a disagreement with the victim’s family and was asked to leave. He left and then came back, but went to the residence next door which shares a common wall with the first victim’s home. Brown started the apartment on fire and then fled the residence. A Bureau of Indian Affairs (BIA) officer responded to the call that the duplex was on fire and people may be trapped inside. The officer was also informed that Brown had been present across the street, watching the fire, but fled before the fire department and police arrived.
This case was investigated by the BIA Crow Creek Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Brown was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Woman Sentenced for Simple AssaultRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, woman charged with Simple Assault pled guilty and was sentenced on May 18, 2015, by U.S. Magistrate Judge Mark A. Moreno.
Lisa Lone Eagle, age 34, was sentenced to 83 days in custody and a $10.00 special assessment to the Federal Crime Victims Fund.
The conviction stems from an incident that took place on December 9, 2014, when Lone Eagle and her brother were walking down the street in Cherry Creek, South Dakota, and the victim was walking ahead of them. Lone Eagle and her brother were angry at the victim for providing an interview with the Cheyenne River Sioux Police Department that implicated Lone Eagle’s brother in a federal crime. Lone Eagle threatened and yelled obscenities at the victim and picked up an iron bar and threw it at the victim. The iron bar missed the victim and she was not injured.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. This case was prosecuted by Assistant U.S. Attorney Mikal Hanson.
Lone Eagle was remanded to the custody of the U.S. Marshals Service.
Two Letcher Men Found Guilty of Tax CrimesRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that Theodore “Ted” J. Nelson, Jr., age 67, and his son, Steven A. Nelson, age 45, both of Letcher, South Dakota, were found guilty of tax crimes as a result of a federal jury trial in Sioux Falls, South Dakota. The trial commenced on May 5, 2015, and ended on May 12, 2015.
The Nelsons were indicted by a federal grand jury on April 8, 2015. Ted Nelson was charged with one count of conspiracy to defraud the United States, six counts of failure to file income tax returns, and one count of impeding the Internal Revenue Service. Steven Nelson was charged with one count of conspiracy to defraud the United States, seven counts of failure to file income tax returns, and one count of impeding the Internal Revenue Service.
The conspiracy charge carries a maximum penalty of 5 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. For failure to file income tax returns, each count carries a maximum penalty of 1 year in custody and/or a $1,000 fine, no supervised release, a $25 special assessment to the Federal Crime Victims Fund, costs of prosecution, and restitution. The impeding count carries a maximum penalty of 3 years in custody and/or a $5,000 fine, 1 year of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
The Nelsons inherited a family farm and business from Ted Nelson’s parents. They planted and sold grain, raised cattle, performed custom work for neighbors, ran hunting/lodging businesses, leased out their land, and sold some of the land.
The Internal Revenue Service placed a lien against Ted Nelson’s real estate in January 2004. After that time, the Nelsons created over 30 trusts, corporations, LLCs, and other entities, in an effort to hide their ownership of the farm and its income. Also in 2004, the Nelsons opened a series of bank accounts with themselves or another person as signors, using false tax identification numbers and Social Security numbers. Steve Nelson filed income tax returns through 1996 and Ted Nelson filed them through 1998, and then both stopped filing.
This case was investigated by the Internal Revenue Service – Criminal Investigation. Assistant U.S. Attorneys John E. Haak and Ann M. Hoffman prosecuted the case.
A presentence investigation was ordered and a sentencing date was set for August 17, 2015. Ted Nelson was remanded to the custody of the U.S. Marshals Service, and Steve Nelson was released pending sentencing.
Two Letcher Men Found Guilty of Tax CrimesRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that Theodore “Ted” J. Nelson, Jr., age 67, and his son, Steven A. Nelson, age 45, both of Letcher, South Dakota, were found guilty of tax crimes as a result of a federal jury trial in Sioux Falls, South Dakota. The trial commenced on May 5, 2015, and ended on May 12, 2015.
The Nelsons were indicted by a federal grand jury on April 8, 2015. Ted Nelson was charged with one count of conspiracy to defraud the United States, six counts of failure to file income tax returns, and one count of impeding the Internal Revenue Service. Steven Nelson was charged with one count of conspiracy to defraud the United States, seven counts of failure to file income tax returns, and one count of impeding the Internal Revenue Service.
The conspiracy charge carries a maximum penalty of 5 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. For failure to file income tax returns, each count carries a maximum penalty of 1 year in custody and/or a $1,000 fine, no supervised release, a $25 special assessment to the Federal Crime Victims Fund, costs of prosecution, and restitution. The impeding count carries a maximum penalty of 3 years in custody and/or a $5,000 fine, 1 year of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
The Nelsons inherited a family farm and business from Ted Nelson’s parents. They planted and sold grain, raised cattle, performed custom work for neighbors, ran hunting/lodging businesses, leased out their land, and sold some of the land.
The Internal Revenue Service placed a lien against Ted Nelson’s real estate in January 2004. After that time, the Nelsons created over 30 trusts, corporations, LLCs, and other entities, in an effort to hide their ownership of the farm and its income. Also in 2004, the Nelsons opened a series of bank accounts with themselves or another person as signors, using false tax identification numbers and Social Security numbers. Steve Nelson filed income tax returns through 1996 and Ted Nelson filed them through 1998, and then both stopped filing.
This case was investigated by the Internal Revenue Service – Criminal Investigation. Assistant U.S. Attorneys John E. Haak and Ann M. Hoffman prosecuted the case.
A presentence investigation was ordered and a sentencing date was set for August 17, 2015. Ted Nelson was remanded to the custody of the U.S. Marshals Service, and Steve Nelson was released pending sentencing.
Lower Brule Man Sentenced for Assaulting GirlfriendRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, man convicted of Assault Resulting in Substantial Bodily Injury to a Dating or Intimate Partner was sentenced on May 12, 2015, by U.S. District Judge Roberto A. Lange.
Vincent Battese, age 28, was sentenced to 12 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Battese was indicted by a federal grand jury on December 9, 2014. He pled guilty on March 24, 2015.
The conviction stems from an incident on or about September 1, 2014, when Battese assaulted the victim, his long term girlfriend with whom he has four children. The victim suffered bodily injury, including a ruptured eardrum and a broken finger.
This case was investigated by the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Battese was immediately turned over to the custody of the U.S. Marshals Service.
Mission Woman Sentenced to 36 Months for Stabbing Man at Gas StationRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, woman convicted of Assault with a Dangerous Weapon was sentenced on May 12, 2015, by U.S. District Judge Roberto A. Lange.
Misty Fawn Swalley, age 24, was sentenced to 36 months in custody, two years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Swalley was indicted for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury by a federal grand jury on July 15, 2014. She pled guilty to Assault with a Dangerous Weapon on September 24, 2014.
On June 25, 2014, Swalley was at a gas station in Mission with some other people. The victim was also at the gas station, talking to an individual who was with Swalley. Swalley became upset at the conversation taking place, and circled behind the victim and stabbed him in the back with a steak knife.
This case was investigated by Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Tim M. Maher prosecuted the case.
Swalley was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for Assault by Striking, Beating and WoundingRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Assault by Striking, Beating and Wounding was sentenced on May 8, 2015, by U.S. Magistrate Judge Mark A. Moreno.
Loren LaPlante, Jr., age 24, was sentenced to 18 months of probation, $100.96 in restitution, and $25 to the Federal Crime Victims Fund.
LaPlante was indicted by a federal grand jury on February 11, 2015. He pled guilty on March 16, 2015.
The conviction stems from an incident on January 9, 2015, when LaPlante, who was intoxicated in a bar in Dupree, got into a verbal confrontation with an adult male victim who was playing darts. Once the victim was done playing darts, he approached LaPlante, who sucker-punched the victim in the face. The Defendant’s assault was made without just cause or excuse, and it struck and wounded the victim, who needed medical attention for the injury to his face.
This case was investigated by the Cheyenne River Sioux Tribal Law Enforcement Agency. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Chamberlain Man Sentenced for LarcenyRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Chamberlain, South Dakota, man convicted of Larceny was sentenced on May 11, 2015, by U.S. District Judge Roberto A. Lange.
James Short Bear, age 19, was sentenced to 8 months in custody, $500 in restitution, and a special assessment of $100 to the Federal Crime Victims Fund.
Short Bear was indicted by a federal grand jury on February 11, 2015. He pled guilty on March 26, 2015.
The conviction stems from an incident which occurred between February 11, 2014, and February 13, 2014, when Short Bear entered the Lower Brule Sioux Tribal administration building and stole a ceremonial pipe known as a Chanupa. The Chanupa had been purchased by the Tribe in 2006 for $5,500. Short Bear was captured on video entering the building and leaving a short time later with the Chanupa. After a few months had passed, Short Bear pawned the pipe for $500, claiming he had made it himself.
This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Lower Brule Law Enforcement Agency. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Short Bear was immediately turned over to the custody of the U.S. Marshals Service.
Ft. Thompson Man Sentenced for Failure to Register as A Sex OffenderRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Ft. Thompson, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on May 5, 2015, by U.S. District Judge Roberto A. Lange.
Wylie Wind, age 28, was sentenced to 18 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Wind was indicted by a federal grand jury on February 11, 2015, and pled guilty to Failure to Register as a Sex Offender on March 10, 2015.
The conviction arose from Wind’s failure to register and update his sex offender registration between December 15, 2014, and February 6, 2015. Wind was required to register as a sex offender due to a prior federal conviction. Wind knowingly failed to register and update his address as required by federal law.
The investigation was conducted by the U.S. Marshals Service. The case was prosecuted by Assistant U.S. Attorney Meghan Dilges.
Wind was remanded to the custody of the U.S. Marshals Service to begin serving his sentence.
Eagle Butte Woman Sentenced for Second Degree Murder of A ChildRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, woman convicted of Second Degree Murder was sentenced on May 4, 2015, by U.S. District Judge Roberto A. Lange.
Jordyn Blue Coat, a/k/a Jordyn Swan, age 21, was sentenced to 240 months in custody, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Blue Coat was indicted by a federal grand jury on October 21, 2014, for Child Abuse. On February 2, 2015, she pled guilty to a Superseding Information charging her with Second Degree Murder of a Child.
The conviction stems from an incident that occurred on October 17, 2014, when Blue Coat was the caretaker of a 20-month old child. According to Blue Coat, in the last two months of the child’s life, he frequently cried and was hard to console. The evening of October 17, the child had a messy diaper, which Blue Coat changed and temporarily left on the bedroom floor near the child, while she stepped out to use the restroom. When she returned, the child had gotten ahold of the dirty diaper and had feces all over his clothes and himself. At this time, Blue Coat became angry, lost control of her emotions and kicked the child in the head. The kick pushed the child’s head into a television stand in the bedroom. As a result, the child was unconscious and his head began to swell from the injury he received. After spending some time trying to awaken the child, Blue Coat took him to the emergency room at the Indian Health Services (IHS) Hospital in Eagle Butte.
Blue Coat told hospital medical providers that the child had “fallen two days ago in the park” and hit his head. She did not provide an accurate medical history. The child was unresponsive at the hospital. Additionally, there was swelling around the child’s left ear, eyes were swollen shut, and there was a large burn injury to the leg. The child also had multiple chronic and acute burn injuries throughout his body. Doctors at IHS immediately suspected the child had a closed head injury and air evacuated him to Rapid City Regional Hospital, where emergency medical personnel worked on him for four hours. The child died in the emergency room on October 18, 2014.
The autopsy report listed the cause of death as blunt force trauma to the head that caused acute subdural hemorrhaging, and led to bilateral cerebral brain failure. The autopsy also revealed multiple burns, contusions, abrasions, and injuries to the child’s head, face, and feet, along with old and recent bone fractures.
The investigation was conducted by the Federal Bureau of Investigation, the South Dakota Department of Social Services, and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Blue Coat was immediately turned over to the custody of the U.S. Marshals Service to begin serving her sentence.
Eagle Butte Man Sentenced for Misprision of A FelonyRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man was convicted of Misprision of a Felony and was sentenced on May 4, 2015, by U.S. District Judge Roberto A. Lange.
Robert McLane, age 29, was sentenced to 1 month in custody, 12 months of supervised release, $925 in restitution, and a $100 special assessment to the Federal Crime Victims Fund.
McLane was indicted by a federal grand jury on July 15, 2014, for Possession and Sale of a Stolen Firearm. On February 24, 2015, McLane pled guilty to a Superseding Information charging him with Misprision of a Felony.
The conviction arose from an incident that occurred on October 4, 2013, at Eagle Butte, when McLane failed to report a serious crime, even though he was very aware that the federal crimes of burglary and larceny had been committed.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
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 May 4, 2015, by U.S. District Judge Roberto A. Lange.
Kenny Fiddler, age 34, was sentenced to 27 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Fiddler was indicted by a federal grand jury on December 9, 2014, and pled guilty to Assault with a Dangerous Weapon on March 3, 2015.
The conviction arose from an August 23, 2014, incident in Eagle Butte, when Fiddler took a folding knife, put the blade to the back of the victim’s neck and threatened to do bodily harm to the victim, an adult male.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Chicago Man Sentenced for Criminal TrespassRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Chicago, Illinois, man charged with Criminal Trespass pled guilty to and was sentenced on April 28, 2015, by U.S. Magistrate Judge Mark A. Moreno.
Steven Nichols, age 44, was sentenced to 12 months in custody, 1 year of supervised release, a $25 assessment to the Federal Crime Victims Fund, and ordered to not re-enter the lands of Todd County and the Rosebud Sioux Indian Reservation.
In the summer of 2011, the Rosebud Sioux Tribe’s Attorney General petitioned the tribal court to bar Nichols, a non-Indian, from entering the lands of the Rosebud Sioux Indian Reservation. On June 10, 2011, he was served with notice of the proceedings. On September 22, 2011, the Rosebud Sioux Tribal Court entered an Emergency Writ of Exclusion barring him from entering the lands of the Rosebud reservation, and the Rosebud Sioux Tribal Council voted to exclude the Defendant from the reservation. On September 23, 2011, a tribal law enforcement officer served him with the exclusionary order and escorted him off of the reservation.
Tribal law enforcement officers later learned that Nichols had re-entered the reservation. On September 9, 2012, officers apprehended him and again transported him off of the reservation. On January 30, 2013, officers learned Nichols was staying at a residence within the reservation, and upon searching the residence, found him hiding in a crawl space. He was arrested on federal criminal trespass charges and transported off of the reservation and into federal custody.
On March 14, 2014, Nichols was in a car near Two Strike, when a tribal patrol officer encountered him driving towards St. Francis, located within the Rosebud reservation. By being on the reservation, the Defendant defied orders to leave that were previously communicated to him. Nichols was convicted of criminal trespass and sentenced to nine months custody on September 30, 2014.
Nichols was placed at the Work Release Program in Winner on December 11, 2014. On January 16, 2015, Nichols was on a furlough and trespassed onto the Rosebud reservation. Nichols went to a home in St. Francis, and the occupant of the home called the police and Nichols was detained by law enforcement.
Nichols has repeatedly trespassed on the Rosebud Sioux Indian Reservation and, since 2013, this is his fourth conviction or Criminal Trespass in federal court. This conviction resulted in the statutory maximum of 12 months in custody.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation. The case was prosecuted by Assistant U.S. Attorney Tim Maher.
Nichols was remanded to the custody of the U.S. Marshals Service to complete his sentence.
St. Francis Man Receives 18 Months for Making False Statement to Federal AgencyRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man convicted of Making False Statement to Federal Agency was sentenced on April 27, 2015, by U.S. District Judge Roberto A. Lange.
Luke Two Eagle, age 20, was sentenced to 18 months in custody, 18 months of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Two Eagle was indicted for Sexual Abuse of a Minor and Making False Statement to Federal Agency by a federal grand jury on July 15, 2014. He pled guilty to Making False Statement to Federal Agency on November 24, 2015.
On May 1, 2014, a Federal Bureau of Investigation (FBI) Special Agent went to Two Eagle’s house, looking for the minor who had ran away from her custodian and started living with Two Eagle. While the agent was at Two Eagle’s house, Two Eagle lied about the minor’s whereabouts and said she had packed up her belongings and left his house about a week prior. Thereafter, the agent searched for the minor and found her hiding inside a utility room behind a laundry machine. The agent removed the runaway minor from the home and re-interviewed Two Eagle, who acknowledged he had made false statements to the agent.
This case was investigated by the FBI and Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Tim Maher prosecuted the case.
Two Eagle was immediately turned over to the custody of the U.S. Marshals Service.
Rosebud Woman Sentenced for Concealing Person from ArrestRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, woman convicted of Concealing Person from Arrest was sentenced on April 28, 2015, by U.S. Magistrate Judge Mark A. Moreno.
Samantha Spotted War Bonnet, age 24, was sentenced to one year probation, and a $25 special assessment to the Federal Crime Victims Fund.
Spotted War Bonnet was indicted for on November 13, 2014 by a federal grand jury. She pled guilty on April 28, 2015.
Between June 12, 2014, and June 13, 2014, Spotted War Bonnet harbored and concealed a person who had an active warrant for arrest.
This case was investigated by the U.S. Marshals Service and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Timothy M. Maher prosecuted the case.
Spotted War Bonnet was released on probation.
Rapid City Man Sentenced to 27 Months for Failure to Register as A Sex OffenderRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on April 27, 2015 by U.S. District Judge Roberto A. Lange.
David Eagle Bear, age 31, was sentenced to 27 months in custody, 6 years of supervised release, a $100 fine, a $100 special assessment to the Federal Crime Victims Fund, and $527.24 for restitution.
Eagle Bear was indicted for Failure to Register as a Sex Offender by a federal grand jury on November 13, 2014. He pled guilty on January 26, 2015.
Eagle Bear was previously convicted of a sex offense that required him to register as a sex offender, and he signed paperwork acknowledging that requirement. Between August 4, 2014, and October 19, 2014, Eagle Bear moved and failed to change and update his sex offender registration as required by law.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Tim Maher prosecuted the case.
Eagle Bear was immediately turned over to the custody of the U.S. Marshals Service.
McLaughlin Woman Sentenced for Assault with A Dangerous WeaponRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, woman convicted of Assault with a Dangerous Weapon was sentenced on April 27, 2015, by U.S. District Court Judge Charles B. Kornmann.
Gwendolyn Iron Shield, a/k/a Gwendolyn Taken Alive, age 41, was sentenced to 12 months and 1 day of custody, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Iron Shield was indicted by a federal grand jury on June 10, 2014. She pled guilty on November 19, 2014.
On or about April 20, 2014, a Bureau of Indian Affairs (BIA) officer was dispatched to a house in McLaughlin, where an adult male victim had been stabbed. Upon arriving at the residence, the officer made contact with the victim and observed a deep laceration to the upper portion of his left arm. The victim informed the officer that following an argument, he attempted to leave the residence he shared with Iron Shield. According to the victim, Iron Shield charged him outside of the residence with a large kitchen knife, and as he was trying to protect himself, he was stabbed on the arm.
This case was investigated by the BIA, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Iron Shield is to self-surrender to the U.S. Marshals Service by May 26, 2015.
McLaughlin Man Sentenced for Assaulting, Resisting and Impeding A Federal OfficerRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on April 27, 2015, by U.S. District Judge Charles B. Kornmann.
Kirk Flying Horse, age 41, was sentenced to 30 months in custody, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Flying Horse was indicted by a federal grand jury on August 19, 2014. He pled guilty on November 19, 2014.
On July 25, 2014, two Bureau of Indian Affairs (BIA) officers responded to a call at a home in McLaughlin, after receiving a report that a man was intoxicated and causing a disturbance. Upon arrival, officers made contact with the Defendant, Flying Horse, who informed the officers that he had been beaten by his ex-wife. Dispatch was called regarding the situation and the officers were informed that the Defendant was on tribal court conditions and was not to consume alcohol. Flying Horse was then placed in custody. The Defendant began kicking the patrol car’s window, and kicked one of the officers on the top of his head when the officer asked him to calm down.
This case was investigated by the BIA, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Flying Horse was immediately turned over to the custody of the U.S. Marshals Service.
McLaughlin Man Sentenced for Assault by Striking, Beating and WoundingRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man convicted of Assault by Striking, Beating, and Wounding was sentenced on April 27, 2015, by U.S. District Judge Charles B. Kornmann.
Brett Claymore, age 22, was sentenced to 6 months in custody, 1 year of supervised release, and a $25 special assessment to the Federal Crime Victims Fund.
Claymore was indicted by a federal grand jury on June 17, 2014. He pled guilty on November 3, 2014.
On June 15, 2014, a Corson County Sheriff’s Deputy was attempting to detain the driver of a four-wheeler in McLaughlin. The driver fled and ran into a private residence, where he was eventually taken into custody. At the time of the incident, three other people, including Claymore, were in the living room of the residence. The deputy instructed the group of people to sit on the floor, and two of them complied, but Claymore refused. The deputy tried to detain Claymore, who pulled his arm away and pushed his left elbow into the deputy’s chest. The two began to scuffle, but the deputy broke free and handcuffed Claymore.
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Claymore is to self-report to the U.S. Marshals Service by May 12, 2015.
Eagle Butte Man Sentenced for Misprision of A FelonyRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Misprision of a Felony was sentenced on April 27, 2015, by U.S. District Judge Roberto A. Lange.
Eugene Condon, age 35, was sentenced to 12 months of probation, a $100 fine, and a $100 special assessment to the Federal Crime Victims Fund.
Condon was indicted by a federal grand jury on July 15, 2014, for Possession and Sale of a Stolen Firearm. On February 3, 2015, Condon pled guilty to a Superseding Information charging him with Misprision of a Felony.
The conviction arose from an incident that occurred on October 4, 2013, at Eagle Butte, when Condon failed to report a serious crime, even though he was present and very aware that a federal crime had been committed.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Bullhead Man Sentenced for Failure to Register as A Sex OffenderRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Bullhead, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on April 27, 2015, by U.S. District Judge Charles B. Kornmann.
Steven Whiteman, Jr., age 44, was sentenced to 16 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Whiteman was indicted by a federal grand jury on July 15, 2014. He pled guilty on November 19, 2014.
The conviction stems from Whiteman failing to register as a sex offender between May 9, 2014, and May 25, 2014. Whiteman was previously convicted of a sex offense in federal court, which requires him by federal law to register as a sex offender for the rest of his life.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Whiteman was immediately turned over to the custody of the U.S. Marshals Service.
McLaughlin Man Sentenced for AssaultRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man convicted of assaulting a federal officer was sentenced on April 20, 2015, by U.S. District Judge Karen E. Schreier.
Jorge Trujillo, age 22, was sentenced to 21 months in custody, to be followed by 2 years of supervised release.
Trujillo was indicted for Assaulting, Resisting and Impeding a Federal Officer by a federal grand jury on August 19, 2014. He pled guilty on January 29, 2015.
On August 5, 2014, at McLaughlin, law enforcement officers responded to a call regarding a man with a knife making threats. After the officer told Trujillo to raise both of his hands above his head, he resisted by attempting to reach for a fixed-blade kitchen knife located in the waistband of his pants. Upon seeing the knife, the Bureau of Indian Affairs (BIA) law enforcement officer making the arrest immediately took the knife away from Trujillo.
This case was investigated by BIA Law Enforcement Services and the Corson County Sheriff’s Office. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Trujillo was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Woman Sentenced for Assault Resulting in Serious Bodily InjuryRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, woman convicted of Assault Resulting in Serious Bodily Injury was sentenced on April 20, 2015, by U.S. District Judge Roberto A. Lange.
Kenna Marie Bridwell, age 28, was sentenced to 12 months and 1 day in custody, 18 months of supervised release, $58.08 in restitution, and a $100 special assessment to the Federal Crime Victims Fund.
Bridwell was indicted by a federal grand jury on January 15, 2014, for Assault Resulting in Serious Bodily Injury. On April 28, 2014, she pled guilty to the Indictment.
The conviction arose from an incident that occurred on November 16, 2013, near Eagle Butte, when Bridwell, who was intoxicated, used her vehicle to run from a Cheyenne River Sioux Police Officer. After the police officer activated his lights and siren, Bridwell traveled west on Highway 212 at a high rate of speed and, while attempting to avoid arrest, drove her vehicle into the back of another vehicle. Both vehicles rolled and went into the ditch. As a result of the car crash and assault, the victim, who was a passenger in the vehicle Bridwell ran into, was seriously injured.
This case was investigated by the Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Bridwell was immediately turned over to the custody of the U.S. Marshals Service to begin serving her sentence.
Pierre Man Sentenced to 46 Months for Possession of Unregistered FirearmRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Pierre, South Dakota, man convicted of Possession of an Unregistered Firearm and Prohibited Person in Possession of a Firearm was sentenced on April 20, 2015, by U.S. District Judge Roberto A. Lange.
Clyde Aquallo, age 40, was sentenced to 46 months in custody for Possession of an Unregistered Firearm, and 46 months in custody for a Prohibited Person in Possession of a Firearm, to be served concurrently, two years of supervised release, a $1,000 fine, and a $200 special assessment fee to the Federal Crime Victims Fund.
Aquallo was indicted for Possession of Unregistered Firearm, two counts of a Prohibited Person in Possession of Firearm, Assault with a Dangerous Weapon, Using and Carrying a Firearm and in Relation to a Crime of Violence, and Distribution of a Controlled Substance, by a federal grand jury on December 9, 2014. He was found guilty by a jury on January 30, 2015, of Possession of Unregistered Firearm and one count of Prohibited Person in Possession of Firearm.
On February 27, 2014, Aquallo was living at a residence on the Rosebud Sioux Indian Reservation. As part of a domestic violence call, Rosebud Sioux Tribe Law Enforcement Services were called to the home where he was living and learned there were firearms in the residence that the victim wanted removed from the residence. As the investigation progressed, officers learned Aquallo was using methamphetamine and possessed several firearms, including a sawed-off shotgun, which had a barrel that was too short.
This case was investigated by the Bureau of Alcohol, Tobacco, and Firearms and Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorneys Tim Maher and Carrie Sanderson prosecuted the case.
Aquallo was immediately turned over to the custody of the U.S. Marshals Service.
Ten Individuals to Be Honored During National Crime Victims’ Rights WeekRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that 10 individuals will be awarded Department of Justice Certificates of Appreciation as part of National Crime Victims’ Rights Week (NCVRW) 2015. The two ceremonies honoring these individuals will take place during NCVRW, April 19-25, where Mr. Seiler will present the honorees with their awards and provide brief remarks in recognition of their outstanding dedication, service, and contributions on behalf of crime victims.
The first ceremony will be held in Rapid City on Monday, April 20, 2015, at1:30 pm.
It will take place at the U.S. Attorney’s Office, located at 515 Ninth Street. The award recipient is Hollie Strand, an Education Specialist/Forensic Interviewer with Child Advocacy Center (CAC) of the Black Hills.Ms. Strand has worked at the CAC for over seven years, and has interviewed more than 1,100 children during that time. Through hundreds of trainings and presentations, she has been instrumental in bringing public awareness to the issue of child sexual abuse and other traumatic crimes, and has made an extraordinary difference in the lives of numerous children.
The second ceremony will be held in Sioux Falls on Thursday, April 23, 2015, at 1:00 pm. It will take place at the U.S. Attorney’s Office, located at 325 S. 1st Ave., Suite 300. There will be nine honorees at this ceremony.
The first honoree is Doug Thesenvitz, the Tribal Prosecutor for the Flandreau Santee Sioux Tribe. Mr. Thesenvitz has given 16 consecutive years to the tribe, steadfastly representing the rights of victims. He is one of the longest serving tribal prosecutors in South Dakota.
The remaining eight honorees were selected for their work in the area of sex trafficking. This team began a sex trafficking investigation in January of 2012, with a tip that one underage girl was being sold for sex. Using their full arsenal of investigative tools, they uncovered a loose ring of interconnected “pimps” selling dozens of girls and young women for sex in the Sioux Falls area and across several Midwest states. This interagency cooperation and professionalism resulted in four federal indictments and convictions. The sentences ranged from a 33-year prison term; three life sentences; four life sentences; and a 30-year prison term.
The team members and award recipients include the following:
Charla Aramayo
Special Agent - Department of Homeland Security InvestigationsGretchen Slate
Special Agent – SD Division of Criminal Investigation/FBI Joint Terrorism Task ForceGayle Scott
Victim Specialist – FBIMatthew J. Miller
Special Agent – FBIMichael D. Melcher
Special Agent – FBIStephanie Knapp
Child/Adolescent Forensic Interviewer – FBI Office for Victim Assistance in Loveland, COCullen McClure
Officer – Sioux Falls Police Department - Street Crimes UnitBrad Smidt
The Victims of Crime Act was passed by Congress in 1984, and NCVRW honors and celebrates the achievements of the past thirty years in securing rights, protections, and services for victims. For additional information, visit the Office for Victims of Crime website at www.ovc.gov
Detective – Sioux Falls Police Department - Street Crimes Unit
Lower Brule Man Sentenced for Assault by Strangulation and SuffocationRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, man convicted of Assault by Strangulation and Suffocation was sentenced on April 6, 2015, by U.S. District Judge Roberto A. Lange.
Cameron LaRoche, age 37, was sentenced to 20 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
LaRoche was indicted by a federal grand jury on November 13, 2014. He pled guilty on January 21, 2015.
On or about August 21, 2014, LaRoche, who had been in a sporadic intimate relationship with the victim for the past 14 years, was at his aunt’s house drinking whiskey with others. They went inside the house and LaRoche began arguing with the victim. She went into the kitchen, where LaRoche followed her and started hitting her with closed fists on the face, head, and ear. The victim tried to defend herself by putting her arms up to protect her face. LaRoche continued to hit her a few more times with his closed fists, then stopped and apologized for what he had done to her.
LaRoche then told her he wanted to lay down with her, but the victim did not want to. LaRoche pushed her towards the basement door and forced her to go down, where he continued yelling, calling her names, and hitting her. LaRoche then threw the victim on a bed, and again hit her on the arms, head, and face. LaRoche then tried to smother her by laying on top of her, while pushing her head into the mattress. She turned her head to the right so she could breathe, while begging for her life. Moments later, LaRoche started hitting her again with his fist to her face. He then strangled her with his hands around her neck, and squeezed until the victim could not breathe.
The victim was seen by medical personnel and it was determined she possibly had a nondisplaced fracture of her wrist. She was put in a cast for several days, followed by a splint.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case. LaRoche was immediately turned over to the custody of the U.S. Marshals Service.
Dupree Man Sentenced for Abusive Sexual Contact by ForceRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Dupree, South Dakota, man convicted of Abusive Sexual Contact by Force was sentenced on April 6, 2015, by U.S. District Judge Roberto A. Lange.
Christian Whiteman, age 21, was sentenced to 120 months in custody, 5 years of supervised release, $43.20 in restitution, and a $100 special assessment to the Federal Crime Victims Fund.
Whiteman was indicted by a federal grand jury on July 15, 2014, for Aggravated Sexual Abuse of a Child. On January 21, 2015, he pled guilty to a Superseding Information charging him with Abusive Sexual Contact by Force.
The conviction arose from an incident that occurred between October 1, 2012, and May 29, 2013, at Dupree, when Whiteman engaged in sexual contact by force with a five-year-old child. The victim tried to resist, said no, and attempted to push Whiteman away, but he was too heavy and continued to touch the victim.
This case was investigated by the Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Whiteman was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.
Consent Judgment and Injunction Obtained Against Jan Charles Gray and His Custer BusinessesRead the Press Release
The United States Attorney’s Office (USAO) and the United States Department of Labor (DOL) recently secured a consent judgment of over $8,000.00 and a permanent injunction in South Dakota District Court, ordering Jan Charles Gray and his businesses in Custer, South Dakota, to comply with the Fair Labor Standards Act (FLSA) and to pay back wages and overtime pay owed to former employees. The Custer businesses include the Custer Motel, the All American Inn, and the American President Resorts. The injunction requires Gray and his businesses to train managers and employees about their rights under the FLSA, pay in accordance with the minimum wage and overtime requirements of the law, maintain accurate records, and not retaliate against any employee who files a complaint with, or cooperates in any investigation by the DOL. Gray has paid the back wages due. Gray is from Los Angeles, CA.
“The former employees involved in this investigation are getting the long overdue minimum wage and overtime pay to which they are entitled,” said Acting U.S. Attorney Randolph J. Seiler. “The USAO is dedicated to taking appropriate enforcement actions with respect to any violations of the FLSA.”
“The courts’ rulings make a strong statement about the importance of an employer’s obligation to comply with the law,” added Cynthia Watson, the DOL Wage and Hour Division’s Regional Administrator in Dallas, Texas. “We are committed to securing lasting compliance with the labor laws we enforce, and we are pleased that the judges in these cases enjoined the defendants from further violations of the FLSA.”
For more information about federal wage laws administered by the Wage and Hour Division, call the DOL’s toll-free helpline at 866-4US-WAGE (487-9243). Information is also available at http://www.dol.gov/whd.
Harrold Man Charged with Attempted Murder of A Federal Employee, Assaulting A Federal Employee, and Assault Resulting in Serious Bodily InjuryRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Harrold, South Dakota, man has been indicted by a federal grand jury for Attempted Murder of a Federal Employee, Assaulting a Federal Employee, and Assault Resulting in Serious Bodily Injury.
Brian Iron Boulder, a/k/a Brian Ironboulder, age 51, was indicted on April 7, 2015. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 8, 2015, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about March 25, 2015, Iron Boulder unlawfully attempted to kill another human being, an officer and employee of the United States, while said employee was engaged in the performance of his official duties, and said assault resulted in serious bodily injury.
The charges are merely an accusation and Iron Boulder is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Iron Boulder was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for June 2, 2015.