District of South Dakota
Press releases recorded for this federal judicial district.
Rosebud Man Sentenced for Failure to Register as A Sex OffenderRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on March 23, 2015, by U.S. Judge Roberto A. Lange.
Kameron Jackson, age 22, was sentenced to 12 months and one day in custody, 5 years of supervised release, $60 restitution, and a $100 special assessment to the Federal Crime Victims Fund.
Jackson was indicted for Failure to Register as a Sex Offender by a federal grand jury on August 19, 2014. He pled guilty on January 21, 2015.
Between June 15, 2014, and August 7, 2014, Jackson, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under Federal Law, failed to properly register as a sex offender in Todd County, South Dakota, and elsewhere.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Tim Maher prosecuted the case. Jackson 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 March 23, 2015, by U.S. Magistrate Judge Roberto A. Lange.
Joshua Heideman, age 21, was sentenced to 2 years of probation, and a $25 special assessment to the Federal Crime Victims Fund.
Heideman was indicted by a federal grand jury on September 16, 2014, for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury. He pled guilty to Assault by Striking, Beating, and Wounding on January 26, 2015.
The conviction arose from a July 2014 incident in Eagle Butte, in which Heideman assaulted a victim by striking, beating, and wounding him.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Sioux Falls Man Charged in Dacotah Bank RobberyRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Bank Robbery.
Rickey Daniel Starks, age 45, was indicted on March 17, 2015. He appeared before U.S. Magistrate Judge Veronica L. Duffy on March 18, 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, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
On March 5, 2015, the Sioux Falls Police Department responded to a call that there had been an armed robbery at Dacotah Bank on East 10th Street in Sioux Falls. Information relayed to the officers was that a man walked in the front door of the bank wearing distinctive clothing, a ski mask, and carrying a backpack. He demanded money and waved what appeared to be a gun in the air. Video from the bank’s surveillance cameras confirmed the information the police had received. Portions of the video were released to the local news media and several sources contacted law enforcement to help identify the person.
The charge is merely an accusation and Starks is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Sioux Falls Police Department, South Dakota Highway Patrol, and the Federal Bureau of Investigation. Assistant U.S. Attorney Dennis R. Holmes is prosecuting the case.
Starks was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Dupree Man Sentenced for Assault with A Dangerous Weapon and Aiding and AbettingRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that a Dupree, South Dakota, man convicted of Assault with a Dangerous Weapon and Aiding and Abetting was sentenced on March 23, 2015, by U.S. District Judge Roberto A. Lange.
Todd Johns, age 26, was sentenced to 24 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Johns was indicted by a federal grand jury on September 16, 2014, for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury. He pled guilty to Assault with a Dangerous Weapon and Aiding and Abetting on January 6, 2015.
The conviction arose from a July 2014 incident in Eagle Butte, in which Johns and two others assaulted a victim with shod feet, metal crutches, and wooden clubs, with intent to do bodily harm.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Johns was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.
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 was convicted of Assault with a Dangerous Weapon, and was sentenced on March 9, 2015, by U.S. District Judge Roberto A. Lange.
Randall Bear Eagle, age 30, was sentenced to 24 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Bear Eagle was indicted by a federal grand jury on October 15, 2014, for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury. He pled guilty to Assault with a Dangerous Weapon on December 16, 2014.
The conviction arose from a July 5, 2014, incident in which Bear Eagle got into a verbal argument with the victim, his half-brother. The argument escalated into a physical altercation, and Bear Eagle picked up a tire iron and assaulted the victim, hitting him in the head.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Bear Eagle was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.
Troy R. Morley Selected to Serve as Tribal LiaisonRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that Troy R. Morley has been named the new Tribal Liaison for the U.S. Attorney’s Office, District of South Dakota. As Tribal Liaison, Morley will serve as the conduit in matters between the U.S. Attorney’s Office and the nine tribes of South Dakota.
Morley joined the U.S. Attorney’s office in 2012, as an Assistant U.S. Attorney in the Pierre branch office. In that capacity, his primary area of prosecutorial responsibility is in Indian country, and specifically the Standing Rock Sioux Indian Reservation.
Morley is currently involved in the formation of a working group to study reentry alternatives with the States of North Dakota, South Dakota, and the Standing Rock Sioux Tribe. Morley will also be working on a reentry project with the Sisseton-Wahpeton Sioux Tribe, as well as working with tribal officials in implementing a pilot program to exercise special domestic violence jurisdiction.
Morley completed his undergraduate studies at the University of Nevada, Las Vegas, and received his law degree, with distinction, from the University of North Dakota. In addition to his experience in private practice prior to joining the U.S. Attorney’s office, Morley previously served as Special Judge to the Turtle Mountain Band of Chippewa. He is also a veteran of the United States Navy and was a member of the Commission to Study Racial and Ethnic Bias in the North Dakota Court System.
He is originally from Grand Forks, North Dakota, and is an enrolled member of the Turtle Mountain Band of Chippewa.
Morley and his wife, Abby, live in Pierre, and are the parents of six children.
Troy R. Morley Selected to Serve as Tribal LiaisonRead the Press Release
Acting United States Attorney Randolph J. Seiler announced that Troy R. Morley has been named the new Tribal Liaison for the U.S. Attorney’s Office, District of South Dakota. As Tribal Liaison, Morley will serve as the conduit in matters between the U.S. Attorney’s Office and the nine tribes of South Dakota.
Morley joined the U.S. Attorney’s office in 2012, as an Assistant U.S. Attorney in the Pierre branch office. In that capacity, his primary area of prosecutorial responsibility is in Indian country, and specifically the Standing Rock Sioux Indian Reservation.
Morley is currently involved in the formation of a working group to study reentry alternatives with the States of North Dakota, South Dakota, and the Standing Rock Sioux Tribe. Morley will also be working on a reentry project with the Sisseton-Wahpeton Sioux Tribe, as well as working with tribal officials in implementing a pilot program to exercise special domestic violence jurisdiction.
Morley completed his undergraduate studies at the University of Nevada, Las Vegas, and received his law degree, with distinction, from the University of North Dakota. In addition to his experience in private practice prior to joining the U.S. Attorney’s office, Morley previously served as Special Judge to the Turtle Mountain Band of Chippewa. He is also a veteran of the United States Navy and was a member of the Commission to Study Racial and Ethnic Bias in the North Dakota Court System.
He is originally from Grand Forks, North Dakota, and is an enrolled member of the Turtle Mountain Band of Chippewa.
Morley and his wife, Abby, live in Pierre, and are the parents of six children.
March 31 Conference to Highlight the Violence Against Women ActRead the Press Release
Acting United States Attorney Randolph J. Seiler has announced that a conference regarding Tribal Implementation of the Violence Against Women Act (VAWA) will be held on Tuesday, March 31, 2015. All sessions will be held at the Rushmore Plaza Holiday Inn, located at 505 N. Fifth St. in Rapid City, South Dakota. The one-day conference will run from 8:00 am – 5:00 pm.
The conference is co-sponsored by Acting U.S. Attorney Chris C. Myers, District of North Dakota; Deborah R. Gilg, U.S. Attorney, District of Nebraska; and the University of South Dakota School of Law.
The conference will focus on the implementation of VAWA by tribal entities. The Violence Against Women Reauthorization Act of 2013 was recently signed into law. Revisions in the law included increased legal protection for Native American women and other victims, emphasized the importance of tribal governments protecting their people, and enhancing the powers of tribal courts.
Featured conference speakers will explain the law as it relates to addressing domestic violence in Indian country, discuss the role of tribal elected leaders in the implementation of VAWA, and provide tribal perspectives and updates on pilot projects authorized under the new law.Additionally, afternoon breakout sessions will address the topics of building stability in tribal justice programs, incarceration, re-entry, and rehabilitation services, tribal code development, technical assistance, and how to ensure that tribal protection orders and convictions qualify for federal prosecution.
The conference is free and open to the public.
District of South Dakota Welcomes New U.S. AttorneyRead the Press Release
Randolph J. Seiler assumed the duties of Acting United States Attorney for the District of South Dakota on March 12, 2015. 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 andcivil law. He also previously served as Campbell County Deputy States Attorney and Special Judge for the Cheyenne River Sioux Tribe.In his role as Acting U.S. Attorney, Seiler will continue with the priority areas of the office, and vowed to maintain former U. S. Attorney Brendan Johnson's 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 twograndchildren. Additionally, Seiler currently serves his community as a member of the Fort Pierre City Council.
Seiler plans to formally seek the nomination for U.S. Attorney for the District of South Dakota.
Pine Ridge Man Acquitted of ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, man was acquitted of Theft of Government Property and False Statement, as a result of a federal jury trial in Rapid City, on February 27, 2015.
Daigre Douville, age 51, was indicted by a federal grand jury on March 18, 2014.
The charges alleged that he embezzled, stole, and converted overtime payments in excess of $1,000, and falsified a government document.
The investigation was conducted by Office of Inspector General, U.S. Department of the Interior. The U.S. Attorney's Office prosecuted the case.
Nebraska Man Sentenced for Misprision of A Felony and Rapid City Woman Sentenced for Assault Resulting in Substantial Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lincoln, Nebraska, man convicted of Misprision of a Felony and a Rapid City, South Dakota, woman convicted of Assault Resulting in Substantial Bodily Injury were sentenced on March 9, 2015, by U.S. District Judge Roberto A. Lange.
Gilbert Young, age 43, was sentenced to 36 months in custody to be served consecutively to his Cherry County, Nebraska case, one year of supervised release, $32,881.66 in restitution, jointly and severally with his co-defendant, and a $100 special assessment to the Federal Crime Victims Fund.
Terri Covey a/k/a Terry Covey, age 41, was sentenced to 12 months in custody, two years of supervised release, $32,881.66 in restitution, jointly and severally with her co-defendant, and a $100 special assessment to the Federal Crime Victims Fund.
Young and Covey were indicted by a federal grand jury on May 13, 2014. Young pled guilty on December 16, 2014, and Covey pled guilty on December 15, 2014.
In February 2013, Covey and Young were dating and living together on the Rosebud Sioux Indian Reservation in South Dakota. On or about February 16, 2013, shortly after midnight, Covey left a child victim in the care of Young. At some point while in Young’s care, the victim suffered an acceleration/deceleration injury that caused the victim to have a severe seizure. Young witnessed the child victim having a seizure, but did not call 911 to obtain medical care for the child. Young informed Covey that something was wrong with the victim at 8:00 a.m., but Covey did not seek care for the victim for another two and a half hours. The child’s injuries worsened because of the delay in seeking medical care.
In the weeks before the injury, Covey grabbed the child’s face and caused bruising on the child’s face.
Young had knowledge of the abuse of the child and concealed the same from law enforcement authorities.
This case was investigated by Rosebud Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation. Assistant U.S. Attorney Tim Maher prosecuted the case.
Both Defendants were immediately turned over to the custody of the U.S. Marshals Service.
Spearfish Woman Sentenced for Theft of Public MoneyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Spearfish, South Dakota, woman convicted of Theft of Public Money was sentenced on March 3, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Linda Lee Anderson, age 67, was sentenced to 1 year of unsupervised probation, ordered to pay $43,856 in restitution, and a $25 special assessment to the Federal Crime Victims Fund.
Anderson pled guilty to the charge on November 19, 2014. The conviction stems from Anderson stealing and converting to her own use, money and property of the United States, by using her position as a Representative Payee in connection with benefits administered by the United States Social Security Administration between 2010 and 2012.
This case was investigated by the Office of the Inspector General – Social Security Administration. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Pine Ridge Man Sentenced for Assaulting A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, man convicted of Assaulting a Federal Officer was sentenced on March 2, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Jonathan Lee Twiss, age 31, was sentenced to 10 months in custody, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Twiss pled guilty to the charge on November 20, 2014. The conviction stems from Twiss forcibly opposing an Oglala Sioux Tribe trooper by attempting to flee from him and refusing to obey commands. The incident happened near Pine Ridge on March 20, 2014.
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. Attorney Eric Kelderman prosecuted the case.
Twiss was immediately turned over to the custody of the U.S. Marshals Service.
Parmelee Man Charged with Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Parmelee, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Richard Fool Bull, age 37, was indicted on February 10, 2015. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 3, 2015, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about between November 14, 2014, and December 9, 2014, Fool Bull, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under Federal Law, knowingly failed to register and update his registration.
The charge is merely an accusation and Fool Bull is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Carrie G. Sanderson is prosecuting the case.
Fool Bull was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Kyle Woman Indicted for Abusing InfantRead the Press Release
United States Attorney Brendan V. Johnson announced that a Kyle, South Dakota, woman has been indicted by a federal grand jury for Felony Child Abuse & Neglect.
Jeannie Janis, age 29, was indicted on February 18, 2015. She appeared before U.S. Magistrate Judge Veronica L. Duffy on March 4, 2015, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is 15 years of imprisonment and/or a $250,000 fine, 3 years of supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment charges that in June of 2014, at Pine Ridge, Janis intentionally caused serious injuries to her 5-week old baby boy.
The charge is merely an accusation and Janis is presumed innocent until and unless proven guilty.
The investigation was conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.
Janis was released pending trial. A trial date has not been set.Eagle Butte Man Sentenced for Assaulting A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man convicted of assaulting a Cheyenne River Tribal Officer, was sentenced on March 4, 2015, by U.S. Magistrate Judge Mark A. Moreno.
Lucas Curley, age 24, was sentenced to 5 months in custody, 3 months of home confinement, 1 year of supervised release, and a $25 special assessment to the Federal Crime Victims Fund.
Curley was indicted by a federal grand jury on October 15, 2014, for Assaulting, Resisting, or Impeding an Officer Involving Physical Contact. He pled guilty to Assaulting, Resisting, and Impeding an Officer on December 8, 2014.
The conviction arose from a March 2014 incident at the Walter Miner Law Enforcement Center in Eagle Butte, in which Curley forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with a Cheyenne River Sioux Detention Officer, while that officer was employed under a contract with the Bureau of Indian Affairs, and while the officer was engaged in the performance of his official duties.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Curley was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.
Eagle Butte Man Charged with Aggravated Sexual Abuse of A ChildRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for two counts of Aggravated Sexual Abuse of Children.
Leonard Rondeau, age 39, was indicted on February 11, 2015. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 17, 2015, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, a minimum of 5 years up to life of supervised release, and a $100 special assessment. Restitution may also be ordered.
The Indictment alleges that between April 11, 2003, and December 22, 2005, Rondeau engaged in, or attempted to engage in, a sexual act with two different children under the age of 12.
The charges are merely an accusation and Rondeau is presumed innocent until and unless proven guilty.The investigation is being conducted by the Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.
Rondeau was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
Chamberlain Man Charged with LarcenyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Chamberlain, South Dakota, man has been indicted by a federal grand jury for Larceny.
James Short Bear, age 19, was indicted on February 11, 2015. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 2, 2015, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about between February 11, 2014, and February 13, 2014, Short Bear stole a ceremonial pipe known as a Chanupa, which was the property of another.
The charge is merely an accusation and Short Bear is presumed innocent until and unless proven guilty.The investigation is being conducted by the Federal Bureau of Investigation, and the Bureau of Indian Affairs, Lower Brule agency. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Short Bear was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Two Pine Ridge Men Convicted of Assault with A Dangerous Weapon and Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that Wesley Running Shield, age 28, and Michael Alford, age 33, both of Pine Ridge, South Dakota, were found guilty of Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury, at the conclusion of a four-day federal jury trial in Rapid City, South Dakota.
Each charge carries up to 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 convictions stem from Running Shield and Alford assaulting a male victim 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.
A presentence investigation was ordered and a sentencing date was set for June 5, 2015. The defendants were remanded to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on February 20, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Cody Grass, age 31, was sentenced to 24 months in custody, 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
The conviction stems from Grass failing to register as a convicted sex offender between May 10, 2014, and August 20, 2014.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Grass was immediately turned over to the custody of the U.S. Marshals Service.
Ohio Man Sentenced for Killing WildlifeRead the Press Release
United States Attorney Brendan V. Johnson announced that an Ohio man convicted of Unlawful Taking of Wildlife was sentenced on February 25, 2015, by U.S. Magistrate Judge John E. Simko.
Randy Miller, age 59, was sentenced to 1 year of probation, ordered t o pay a $1,000 fine, and a $25 special assessment to the Federal Crime Victims Fund.
In May 2013, Miller, while acting as a guide for turkey hunters, did knowingly shoot and kill a turkey vulture on a U.S. Forest Service trail. Turkey vultures are protected under the Migratory Bird Treaty Act.
The investigation was conducted by U.S. Fish and Wildlife, South Dakota Game, Fish and Parks, and the North Dakota Game and Fish Department. The case was prosecuted by Assistant U.S. Attorney Ben Patterson.
McLaughlin Man Sentenced for Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on February 24, 2015, by U.S. District Judge Roberto A. Lange.
Logan Hayes, age 25, was sentenced to 27 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Hayes was indicted by a federal grand jury on April 15, 2014. He pled guilty on November 3, 2014.
The conviction stems from an incident on July 31, 2012, when a concerned neighbor in McLaughlin called the Standing Rock Police Department to report that Hayes was beating up his dad and a female victim. An officer with the Bureau of Indian Affairs responded and learned that Hayes came to his father’s house and an argument ensued. Hayes had kicked both the victim and his father as they lay on the floor, and the victim ran to a bedroom to attempt to call for help. Hayes followed her and ripped three phones out of the wall. Hayes caught up with the victim and shoved her through the back door, causing her to fall down the stairs of the house, landing on the cement driveway. The female victim was bleeding from a large laceration on her left forearm and her arm looked to be distorted. An ambulance was called and the victim was transported to the Mobridge Regional Hospital, and then transferred to the hospital in Bismarck, North Dakota, with follow up care in Aberdeen, South Dakota. The x-rays revealed that the victim suffered a fracture of both the radius and ulna bones in her forearm.
This case was investigated by Federal Bureau of Investigation and the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Hayes was immediately turned over to the custody of the U.S. Marshals Service.
Hill City Woman Sentenced for Passport Application FraudRead the Press Release
United States Attorney Brendan V. Johnson announced that a Hill City, South Dakota, woman convicted of Passport Application Fraud was sentenced on February 20, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Susan Ruth Weiner, a/k/a Linda Joyce Von Bargen, a/k/a Anita Marie Bernicette Wrotent, a/k/a Anitamarie Bernicette Wroten, a/k/a Corey Eden Johns, age 67, was sentenced to time served (approximately 7 months), 2 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Weiner pled guilty to the charge on October 10, 2014. The conviction stemmed from Weiner using the name and social security number of another female to obtain a passport, thus stealing her identity, on June 17, 2014.
This case was investigated by the Diplomatic Security Service – U.S. Department of State. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Fort Thompson Man Sentenced for Assault by Strangulation and SuffocationRead the Press Release
United States Attorney Brendan V. Johnson announced that a Fort Thompson, South Dakota, man convicted of Assault by Strangulation and Suffocation was sentenced on February 23, 2015, by U.S. District Judge Roberto A. Lange.
Jared Blaine, age 20, was sentenced to 27 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Blaine was indicted by a federal grand jury on September 16, 2014. He pled guilty on December 15, 2014.
The conviction stems from an incident on or about August 12, 2014, following a party, when Blaine assaulted his girlfriend by slapping and hitting her in the face and body, kicking her, and then strangling the victim until she could not breathe.
The victim was treated at the hospital in Chamberlain, South Dakota, where she was admitted overnight for observation. She suffered bruising and swelling to the face and body.
This case was investigated by the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Blaine was immediately turned over to the custody of the U.S. Marshals Service.
U.S. Attorney Brendan V. Johnson to Step DownRead the Press Release
Sioux Falls, South Dakota – Brendan V. Johnson announced this morning that he will step down as the United States Attorney for the District of South Dakota effective March 11, 2015. Johnson was unanimously confirmed by the United States Senate on October 15, 2009. He is among the longest serving U.S. Attorneys in the history of South Dakota.
“I am proud of what we have accomplished during my tenure,” said U.S. Attorney Brendan Johnson. “We attacked the horrific crime of human trafficking on a scale that is unprecedented for a state our size, and we worked shoulder-to-shoulder with our tribal partners to reduce violence against Native American women and children. Our efforts helped put away some of South Dakota’s most violent drug dealers and notorious tax cheaters. In short, this office upheld the public trust at all times and distinguished itself as a national leader within the United States Department of Justice. I leave comforted with the knowledge that our tremendously skilled First Assistant United States Attorney Randy Seiler will continue to build on this record of accomplishment. Finally, I want to thank President Barack Obama and Attorney General Eric Holder for the opportunity to serve the people of South Dakota.”
"During Brendan Johnson's tenure as United States Attorney for South Dakota, he has distinguished himself as an exemplary leader, a passionate advocate for his fellow citizens, and an extraordinarily dedicated public servant," said Attorney General Holder. "As a lawyer and as a leader, Brendan has set a standard of excellence that will not soon be surpassed. Particularly with regard to public safety challenges on tribal lands, he has served as a key advisor to senior Justice Department officials—including me. As past Chair of the Native American Issues Subcommittee, he is not only a respected champion for tribal justice in his own right, but a critical national leader—offering sound guidance, wise counsel, and candid advice on a host of pressing issues. In standing against violent crime, fraud, drug trafficking, violence against women, and countless other threats, Brendan's fierce and determined service, on behalf of the people of South Dakota, has been without equal. Although he will be greatly missed, his many contributions will endure. I thank him for his outstanding service—to South Dakota, and to our nation—and wish him all the best as he takes on new challenges and opportunities."
Mr. Johnson is a graduate of the University of South Dakota and the University of Virginia School of Law. Shortly after his confirmation in 2009, Johnson was selected by the Attorney General of the United States to chair the Department of Justice’s Native American Issues Subcommittee. In this capacity, Mr. Johnson strengthened relationships between the Department of Justice and tribal communities across the country. He has been a national leader in implementing the reauthorization of the Violence Against Women Act (VAWA) which contains provisions that significantly improve the safety of Native women, and allows federal and tribal law enforcement to hold more perpetrators of domestic violence accountable for their crimes. Since the passage of VAWA, federal prosecutors nationwide have convicted more than 140 defendants under the law’s enhanced federal assault statutes.
Mr. Johnson’s leadership also brought national attention to the District of South Dakota’s efforts to strengthen relationships with tribes in the state. During Johnson’s tenure, the Attorney General of the United States, the Deputy Attorney General, and the Associate Attorney General of the United States all visited South Dakota tribes to review the innovative programs implemented in the state. Some of the programs Johnson implemented include a juvenile diversion program to keep Native American children out of the federal criminal justice system, designated tribal prosecutors as Special Assistant United States Attorneys, arranged the first in the nation state-wide tribal listening session, organized the first in the nation state-wide conference on violence against Native women, conducted town-hall meetings on public safety on South Dakota reservations, and assigned a prosecutor to each reservation tasked with the responsibility of building trust and confidence with tribal members. The efforts produced results. On South Dakota’s largest reservations, the number of criminal prosecutions increased by approximately 131 percent on the Rosebud Reservation, and 82 percent on the Pine Ridge Reservation, while the office’s declination rate dropped dramatically.
Mr. Johnson also led South Dakota’s response to the growing epidemic of human trafficking. During Johnson’s time in office, more than 30 men were prosecuted for human trafficking. Of that number, there was more life sentences handed down in the District of South Dakota than any other federal district in the country. South Dakota also leads the nation in the number of men who have received federal mandatory minimum sentences for attempting to purchase sex with a child. Johnson created the state’s first law enforcement human trafficking task force, and in 2014, he convened one of the nation’s largest anti-human trafficking conferences in Sioux Falls, SD. He also personally argued the case of United States v. Jungers to the Eighth Circuit Court of Appeals, obtaining the precedent setting decision that buyers of sex acts with minors are committing crimes of sex trafficking under federal law.On October 12, 2014, Johnson received the prestigious Pathbreaker Award from Shared Hope International for his Anti-Trafficking Leadership. “Brendan Johnson is a force of determination, initiative, and skill that should leave buyers terrified to purchase sex with a minor in South Dakota,” Shared Hope International President and Founder Linda Smith said in announcing the award. “By creating a threshold for buyer accountability, he sets a national precedent that, if applied, will make significant strides in reducing tolerance for purchasing sex with a minor.”
In 2012, Johnson was also selected by Attorney General Holder to serve as one of thirteen United States Attorneys on the Attorney General Advisory Committee (“AGAC”). The AGAC advises the Attorney General on criminal justice matters throughout the nation. Johnson also served on the Department of Justice Terrorism-National Security Subcommittee and the Child Exploitation Subcommittee. He co-chairs the South Dakota Law Enforcement Coordinating Committee and is a member of the Midwest High Intensity Drug Trafficking Area Executive Board.
Mr. Johnson also brought the issue of synthetic drugs to the forefront by raising public awareness across the state, through educational presentations to various groups, organizations, and classrooms. As synthetic drug use was on the rise nationally, in 2012 he held a press conference with law enforcement partners reflecting a shared commitment to take analogue drugs and the people who sell them off the street. Approximately 14 people were prosecuted for this crime under Johnson’s watch. Health care fraud was another area of focus for Johnson, with the creation of a Health Care Fraud Task Force aimed at educating providers, as well as prevention. Another example of how crime does not pay was reflected in the District Office’s Financial Litigation Unit (FLU) collections. FLU is responsible for activities related to the collection of civil judgment debts owed to federal agencies, as well as the collection of restitution. In FY 2013 alone, FLU collected $24.6 million in civil judgments and criminal payments, averaging $2 million per month.
According to the Administrative Office Statistics Division of the U.S. District Courts, the District of South Dakota was ranked among the top 20 most productive Federal District Courts in America in 2013. Also released in the FY 2013 data, the District had the second highest number of criminal trials in the country.
Mr. Johnson’s determined efforts to make South Dakota a safer place were recognized by several organizations. He was honored with the University of South Dakota Women in Law 2013 Attorney of the Year award. Johnson’s nomination by the group was driven by his successful efforts in creating a South Dakota Domestic Violence Coordinating Committee, sponsoring and participating in regional Native American Youth Leadership listening conferences, spearheading the creation of a special domestic violence prosecutor on the Standing Rock reservation, sponsoring a Civil Rights Conference, and bringing human trafficking to the forefront. Also in 2013, the South Dakota Domestic Violence Coordinating Committee chose Johnson as its Prosecutor of the Year, citing his leadership on human trafficking, domestic and sexual abuse, and increasing prosecution rates in these areas.
“It has been an honor to serve as United States Attorney. My goal when I started was to make South Dakota a safer place. I believe that goal has been achieved. But make no mistake, nobody does this job alone, and I’ve had the benefit of great partners. The credit for any accomplishments during my tenure is shared with South Dakota’s law enforcement officers and the career professionals in this office who did great work before I arrived, and will continue to do great work long after I’m gone,” stated Johnson.
Following his resignation, Mr. Johnson will return to private practice in Sioux Falls, South Dakota, where he will establish a new South Dakota office for a national law firm.
Huron Man Charged with Use of Fraudulent Identification DocumentRead the Press Release
United States Attorney Brendan V. Johnson announced that a man living in Huron, South Dakota, but originally from Mexico, has been indicted by a federal grand jury for Use of Fraudulent Identification Document.
Milton Oropeza-Chavarria, a/k/a Alfredo De Jesus De Leon, age 21, was indicted on February 4, 2015. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 12, 2015, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about November 30, 2011, Oropeza-Chavarria used an identification document, namely, a social security card and identification card bearing the name Alfredo De Leon knowing it was not issued lawfully for his use, for the purpose of satisfying a requirement of the Immigration and Nationality Act.
The charge is merely an accusation and Oropeza-Chavarria is presumed innocent until and unless proven guilty.
The investigation is being conducted by Immigration and Customs Enforcement. Assistant U.S. Attorney Carrie G. Sanderson is prosecuting the case.
Oropeza-Chavarria was released on bond pending trial which has been set for April 7, 2015.
Eagle Butte Man Charged with Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury.
Loren Laplante, Jr., age 24, was indicted on February 11, 2015. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 17, 2015, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on January 9, 2015, Laplante unlawfully assaulted the victim in Dupree, South Dakota. The assault resulted in serious bodily injury to the victim.
The charge is merely an accusation and Laplante is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.
Laplante was released on bond pending trial. A trial date has not been set.
Eagle Butte Man Sentenced for Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on February 10, 2015, by U.S. District Judge Roberto A. Lange.
Lawrence Mexican, age 23, was sentenced to 42 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Mexican was indicted by a federal grand jury on September 16, 2014, for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury. He pled guilty to the Assault with a Dangerous Weapon charge on November 18, 2014.
The conviction arose from a July 2014 incident in Eagle Butte, in which Mexican and two others unlawfully assaulted a victim with shod feet, metal crutches, and wooden clubs, with intent to do bodily harm to the victim.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Mexican was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.
Wisconsin Man Sentenced for Assault by Striking, Beating and WoundingRead the Press Release
United States Attorney Brendan V. Johnson announced that a Wisconsin man charged with Assault by Striking, Beating, and Wounding pled guilty to and was sentenced on February 12, 2015, by U.S. District Judge Mark Moreno.
Craig Maskil, age 58, was sentenced to 12 months of supervised probation, and $25 to the Federal Crime Victims Fund.
The conviction stems from an incident that took place on July 11, 2014, when Maskil was working as a doctor at the Rosebud Indian Health Service Hospital on the Rosebud Sioux Indian Reservation. Maskil had a disagreement with another doctor at work, and he hit the victim in the head with his fists.
The investigation was conducted by the Federal Bureau of Investigation, the Rosebud Sioux Tribe Law Enforcement Services, and the Todd County Sheriff’s Office.
The case was prosecuted by Assistant U.S. Attorney Tim Maher.
Washington Man Sentenced for Conspiracy to Distribute DrugsRead the Press Release
United States Attorney Brendan V. Johnson announced that a Washington man charged with Conspiracy to Distribute and Possess with Intent to Distribute a Controlled Substance pled guilty to and was sentenced on February 9, 2015, by U.S. District Judge Roberto A. Lange.
Bruce Gerald Cole, age 47, was sentenced to 60 months in custody, to run concurrent with sentences imposed in federal court in Nevada and state court in New Hampshire, 2 years of supervised release, and $100 to the Federal Crime Victims Fund.
The conviction stems from an incident that took place in the spring of 2009, when Cole directed a shipment of high-grade marijuana from Washington State across the United States. Cole directed couriers to drive his vehicle, which was loaded with two duffel bags containing approximately 22.67 kilograms of high-grade marijuana, a canister containing 61.5 grams of heroin, and two firearms. Cole planned to fly to Michigan to rendezvous with the couriers and his vehicle. He would then sell the shipment himself, thus keeping the couriers out of the business transaction. Cole said he planned to use the firearms for his personal protection during the drug transaction and the heroin was for his personal use. On May 27, 2009, South Dakota Law Enforcement intercepted the vehicle, couriers, heroin, and firearms.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force, the Federal Bureau of Investigation, the South Dakota Highway Patrol, the Drug Enforcement Administration, and several law enforcement agencies in the state of Washington. The case was prosecuted by Assistant U.S. Attorney Tim Maher.
Cole was remanded to the custody of the U.S. Marshals Service.
Timber Lake Man Charged with Third Degree BurglaryRead the Press Release
United States Attorney Brendan V. Johnson announced that a Timber Lake, South Dakota, man has been indicted by a federal grand jury for Third Degree Burglary.
Chapen Kraft, age 18, was indicted on February 11, 2015. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 13, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between September 15 and October 11, 2014, Kraft unlawfully entered and remained in a barn and storage building near Timber Lake, with the intent to commit a larceny.
The charge is merely an accusation and Kraft is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services and the Dewey County Sheriff’s Office. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.
Kraft was released on bond pending trial. A trial date has not been set.
Takini Man Sentenced for Abusive Sexual Contact with A ChildRead the Press Release
United States Attorney Brendan V. Johnson announced that a Takini, South Dakota, man convicted of Abusive Sexual Contact with a Child was sentenced on February 11, 2015, by U.S. District Judge Roberto A. Lange.
Reginald Between Lodges, a/k/a Reginald Condon, a/k/a Reggie Kills A Hundred, age 62, was sentenced to 36 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Between Lodges was indicted by a federal grand jury on June 10, 2014, for Aggravated Sexual Abuse of a Child. He pled guilty to Abusive Sexual Contact with a Child on November 18, 2014.
The conviction arose from an incident that occurred in October 2013, in Takini, when Between Lodges engaged in intentional, offensive touching of the victim, an 8-year-old child.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Between Lodges was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.
Rosebud Man Acquitted of Sexual AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man was acquitted of Sexual Abuse as a result of a federal jury trial in Pierre, South Dakota. The verdict was returned on February 11, 2015.
Anthony Fast Horse, age 55, was indicted by a federal grand jury on March 13, 2012. The charges related to the alleged sexual abuse of a victim at Rosebud.The investigation was conducted by the Federal Bureau of Investigation and the U.S. Attorney's Office prosecuted the case.
Rapid City Man Sentenced for False StatementsRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of False Statements Relating to Health Care Matters was sentenced on February 6, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Antone Little Moon, age 34, was sentenced to time served and 12 months of supervised release.
The conviction stems from Little Moon attempting to have a false prescription for Hydrocodone filled at the Indian Health Services Pharmacy in Pine Ridge on September 16, 2013. Little Moon pled guilty to the charge on October 29, 2014.
This case was investigated by the Department of Health and Human Services, Office of the Inspector General. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
La Plant Man Indicted for Sexual AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a La Plant, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse and Sexual Abuse of a Minor.
Henry Louis Chase Alone, age 31, was indicted on January 21, 2015. He appeared before U.S. Magistrate Judge John E. Simko on February 4, 2015, and pled not guilty to the Indictment.
The penalty upon conviction is any term of years up to life imprisonment and/or a $250,000 fine, a mandatory minimum of 5 years up to lifetime supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment charges that in July 2000, at Manderson, Chase Alone sexually abused a girl under the age of 16.
The charges are merely accusations and Chase Alone is presumed innocent until and unless proven guilty.
The investigation was conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.
Chase Alone was detained pending trial. A trial date has not been set.
Eagle Butte Man Sentenced for Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on February 10, 2015, by U.S. District Judge Roberto A. Lange.
Lawrence Mexican, age 23, was sentenced to 42 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Mexican was indicted by a federal grand jury on September 16, 2014, for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury. He pled guilty to the Assault with a Dangerous Weapon charge on November 18, 2014.
The conviction arose from a July 2014 incident in Eagle Butte, in which Mexican and two others unlawfully assaulted a victim with shod feet, metal crutches, and wooden clubs, with intent to do bodily harm to the victim.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Mexican was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.
Sturgis Couple Sentenced in Visa Fraud SchemeRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sturgis. South Dakota, couple were sentenced on January 29, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Scott Kaubisch, age 51, convicted of False Swearing in Immigration Matter, was sentenced to 14 months in custody, 3 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Shiela Kaubisch, a/k/a Maria Shiela Santos Kaubisch, age 54, convicted of Misprison of a Felony, was sentenced to 60 months of probation and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund. The Kaubisches were also ordered to pay $154,586 in restitution to victims of the fraud.
The convictions stem from several occasions wherein Scott Kaubisch sought and received payments from alien workers seeking H-2B visas, yet falsely declared on the Application for Temporary Employment Certification filed with the USCIS, the DOL Form 9142, and the Department of Homeland Security form I-129, that he had not sought or received such payments. Shiela Kaubisch knew that Scott Kaubisch was falsifying official documents and did conceal that fact.
The investigation was conducted by the U.S. Department of State - Diplomatic Security Service, U.S. Immigration and Customs Enforcement's Homeland Security Investigations , U.S. Department of Labor, Office of Inspector General - Office of Labor Racketeering and Fraud Investigation, and the U.S. Citizenship and Immigration Services – Fraud Detection and National Security. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Rapid City Man Sentenced for EscapeRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of Escape from Custody was sentenced on February 4, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Benjamin Kitteaux, age 26, was sentenced to 6 months in custody and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
In August 2014, Kitteaux left Community Alternatives of the Black Hills, where he was serving the remainder of a federal prison sentence, and did not return as required.
The investigation was conducted by the U.S. Marshals Service. The case was prosecuted by Assistant U.S. Attorney Ben Patterson.
Kitteaux was immediately turned over to the custody of the U.S. Marshals Service.
Pine Ridge Woman Indicted for TheftRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, woman has been indicted by a federal grand jury for Theft of Government Property.
Bonita Ghost Dog, age 54, was indicted on January 21, 2015. She appeared before U.S. Magistrate Judge Veronica Duffy on January 29, 2015, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is 10 years imprisonment and/or a $250,000 fine, 3 years of supervised release, and a $100 assessment to the Federal Crime Victims’ Fund. Restitution may also be ordered.
The Indictment charges that between May 2006 and September 2013, at Pine Ridge, Ghost Dog sold items belonging to the U.S. Department of Agriculture, Food Distribution Program, and kept the money for her personal gain.
The charge is merely an accusation and Ghost Dog is presumed innocent until and unless proven guilty.
The investigation was conducted by the U.S Department of Agriculture. Assistant U.S. Attorney Ben Patterson is prosecuting the case. Ghost Dog was released pending trial. A trial date has not been set.
Belle Fourche Man Sentenced for Commercial Sex TraffickingRead the Press Release
United States Attorney Brendan V. Johnson announced that a Belle Fourche, South Dakota, man convicted of Commercial Sex Trafficking was sentenced on February 3, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Jerry Lane Golliher, age 32, who was convicted following a federal jury trial in Rapid City in September 2014, was sentenced to 15 years in custody, 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Golliher was one of nine men who were arrested and federally indicted as a result of an undercover sex trafficking operation conducted during the 2013 Sturgis Motorcycle Rally, targeting persons willing to pay to have sex with underage girls obtained through the Internet. All nine men were indicted for Commercial Sex Trafficking.
The conviction stemmed from Golliher responding to a Craigslist.com advertisement posted by Division of Criminal Investigation undercover agents, which purported to offer young girls for sex. Following several emails with a person Golliher believed to be associated with a 13-year old girl, but who was in fact an undercover agent, he proceeded to negotiate the time and place they would meet, as well as the price he would pay, which was $150. Golliher then showed up at the negotiated time and place with sufficient currency and confirmed he was there to have sex with the minor in exchange for money.
The undercover operation and arrests were a joint effort between the South Dakota Division of Criminal Investigation, the Federal Bureau of Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s office. Assistant U.S. Attorneys Sarah Collins and Ben Patterson prosecuted the case.
Golliher was immediately turned over to the custody of the U.S. Marshal's Service.Mission Man Sentenced for Assault by Striking, Beating and WoundingRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of Assault by Striking, Beating, and Wounding was sentenced on February 5, 2015, by U.S. Magistrate Judge Mark A. Moreno.
Joseph Lambert, age 27, was sentenced to 12 months of probation and a special assessment of $25 to the Federal Crime Victims Fund.
Lambert was indicted by a federal grand jury on May 13, 2014. He pled guilty on December 5, 2014.
The conviction stems from an incident on April 23, 2014, when Lambert had an argument with his girlfriend and the mother of his two children. While arguing, the victim threw a cup at Lambert and Lambert grabbed the victim from behind, wrapped his arms around her upper body, and assaulted her. The victim bit his arm, he released her and she fled the residence.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Tim Maher prosecuted the case.
Mission Man Sentenced for Assault by Striking, Beating and WoundingRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of Assault by Striking, Beating, and Wounding was sentenced on February 5, 2015, by U.S. Magistrate Judge Mark A. Moreno.
Joseph Lambert, age 27, was sentenced to 12 months of probation and a special assessment of $25 to the Federal Crime Victims Fund.
Lambert was indicted by a federal grand jury on May 13, 2014. He pled guilty on December 5, 2014.
The conviction stems from an incident on April 23, 2014, when Lambert had an argument with his girlfriend and the mother of his two children. While arguing, the victim threw a cup at Lambert and Lambert grabbed the victim from behind, wrapped his arms around her upper body, and assaulted her. The victim bit his arm, he released her and she fled the residence.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Tim Maher prosecuted the case.
Lead Man Indicted for Possession of an Unregistered FirearmRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lead, South Dakota, man has been indicted by a federal grand jury for Possession of an Unregistered Firearm.
Archie Roberts, age 28, was indicted on December 16, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on February 4, 2015, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Roberts possessing two sawed off shotguns, which were not registered to him, on September 30, 2014, in Lead.
The charge is merely an accusation and Roberts is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Lead Police Department. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Roberts was released on bond pending trial. A trial date has been set for April 14, 2015.
Rapid City Woman Pleads Not Guilty to Money Order FraudRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, woman has been indicted by a federal grand jury for Money Order Fraud.
Eden Tawiah, a/k/a Eden Rosales, a/k/a Eden Holt, age 31, was indicted on January 21, 2015. She appeared before U.S. Magistrate Judge Veronica L. Duffy on January 29, 2015, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Tawiah knowingly passing fraudulent money orders in the District of South Dakota in September of 2014.
The charge is merely an accusation and Tawiah is presumed innocent until and unless proven guilty.
The investigation is being conducted by the United States Postal Inspection Service. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.
Tawiah was released on bond pending trial. A trial date has been set for April 7, 2015.
Pine Ridge Man Indicted for Assault with Intent to Commit MurderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, man has been indicted by a federal grand jury for Assault with Intent to Commit Murder, Use of a Firearm during a Crime of Violence, and Assault with a Dangerous Weapon.
Jourdan Brown, age 18, was indicted on January 21, 2015. He appeared before U.S. Magistrate Judge Veronica L. Duffy on January 23, 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, 2 years of supervised release, and $100 to the Federal Crime Victims Fund for each charge. Restitution may also be ordered.
The charges relate to Brown using a baseball bat to assault another man on January 14, 2015, at Pine Ridge, and shooting through the front window of the victim’s house later that same day.
The charges are merely accusations and Brown is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.
Brown was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for March 31, 2015.
Mission Woman Charged with Child AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, woman has been indicted by a federal grand jury for Child Abuse.
Stephanie Luxon, age 23, was indicted by a federal grand jury on January 14, 2015. She appeared before U.S. Magistrate Judge Mark A. Moreno on January 29, 2015, and pled not guilty to the Indictment.
The maximum penalty upon conviction 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. Restitution may also be ordered.
The Indictment alleges that in August 2014, in Todd County, Luxon abused, exposed, tortured, tormented, and cruelly punished a child under the age of seven years old.
The charge is merely an accusation and Luxon is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services, the Federal Bureau of Investigation, and the Nebraska State Patrol. Assistant U.S. Attorney Tim Maher is prosecuting the case.
Luxon was released on bond pending trial. Trial has been set for April 7, 2015.
Canton Man Indicted on Charges Relating to Drug MisbrandingRead the Press Release
United States Attorney Brendan V. Johnson announced that a Canton, South Dakota, man has been indicted by a federal grand jury for Causing Introduction of Misbranded Drug into Interstate Commerce with Intent to Defraud, and Receipt and Offered Delivery of a Misbranded Drug.
Stanley Dean Brower, age 68, was indicted on February 3, 2015. He appeared before U.S. Magistrate Judge Veronica L. Duffy on February 4, 2015, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 3 years in custody and/or a $10,000 fine, 1 year of supervised release, and $100 to the Federal Crime Victims Fund on each count.
The charges are merely accusations and Brower is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Food and Drug Administration – Office of Criminal Investigations. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Brower was released on bond pending trial. A trial date has not been set.
Porcupine Woman Sentenced for Drug DistributionRead the Press Release
United States Attorney Brendan V. Johnson announced that a Porcupine, South Dakota, woman convicted of Distribution of a Controlled Substance to a Person Under Age Twenty-One was sentenced on January 26, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Ardis Good Shot, age 41, was sentenced to 1 year of probation, 25 hours of community service, and a $100 special assessment to the Federal Crime Victims Fund.
The conviction stems from Good Shot providing marijuana to a person under the age of 18 on multiple occasions between October 2011 and January 2012.
This case was investigated by the Federal Bureau of Investigation, the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Mission Man Sentenced for Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on February 2, 2015, by U.S. District Judge Roberto A. Lange.
Vernon Robert Schmidt, Jr., a/k/a Sonny Bob Schmidt, age 29, was sentenced to 46 months in custody, 2 years of supervised release, $900 in restitution, and a $100 special assessment to the Federal Crime Victims Fund.
The conviction stems from a May 26, 2014, incident when, during an argument, Schmidt pointed a Stoeger 9mm caliber pistol at the victim and waved it around. Schmidt was brandishing the firearm when it discharged. A 9mm slug from the Stoeger firearm hit the victim in the chest and neck area, causing serious bodily injury to the victim. Schmidt fled the scene.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Tim Maher prosecuted the case.
Schmidt was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.
Lower Brule Man Sentenced for Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on February 2, 2015, by U.S. District Judge Roberto A. Lange.
Joseph Thompson, age 23, was sentenced to 18 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Thompson was indicted by a federal grand jury on July 15, 2014. He pled guilty on November 18, 2014.
The conviction stems from an incident in the early morning hours of May 3, 2014, when Thompson, the victim, and others were at a party in Lower Brule. Thompson and the victim began to argue. The defendant assaulted the victim, which resulted in a deep wound to the victim’s forehead, penetrating the skull bone. The wound required 27 sutures to close.
This case was investigated by Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Thompson was immediately turned over to the custody of the U.S. Marshals Service.