District of South Dakota
Press releases recorded for this federal judicial district.
Las Vegas Man Indicted for Sex TraffickingRead the Press Release
United States Attorney Brendan V. Johnson announced that a Las Vegas, Nevada, man has been indicted by a federal grand jury on two counts of Sex Trafficking by Force, Fraud, or Coercion.
Robert Ryan Powell, age 34, was indicted on January 21, 2015. He appeared before U.S. Magistrate Judge Veronica Duffy on January 23, 2015, and pled not guilty to the Indictment.
The penalty upon conviction is a mandatory minimum of 15 years’ imprisonment 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 between January 1, 2014, and January 13, 2015, in Rapid City and elsewhere, Powell caused two females to engage in commercial sex acts, for his own financial benefit.
The charges are merely accusations and Powell is presumed innocent until and unless proven guilty.
The investigation was conducted by the Internet Crimes Against Children Task Force. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.
Powell was detained pending trial. A trial date has not been set.Jury Finds Rosebud Man Guilty of Possession of an Unregistered Firearm and Prohibited Person in Possession of A FirearmRead the Press Release
United States Attorney Brendan V. Johnson announced that Clyde Aquallo, age 40, of Rosebud, South Dakota, was convicted of Possession of an Unregistered Firearm and Prohibited Person in Possession of a Firearm, following a four-day jury trial in Pierre, South Dakota. The verdict was returned on January 30, 2015.
The jury found Aquallo not guilty of Assault with a Dangerous Weapon, Using and Carrying a Firearm During and In Relation to a Crime of Violence, and Distribution of a Controlled Substance.
The charges of conviction carry a maximum penalty of 10 years of imprisonment and/or a $250,000 fine, and forfeiture of firearms and ammunition.
Aquallo’s convictions arose from incidents that occurred on February 27, 2014, when Aquallo had been using methamphetamine and possessed several firearms at the home where he was residing in Todd County. Among the firearms he possessed was a sawed-off shotgun with a barrel of less than 18 inches in length. Aquallo said he kept the shotgun for a couple of weeks because he was going to fix it for a relative, but the firearm was not lawfully registered to him in in the National Firearms Registration and Transfer Record. Aquallo also never fixed the sawed-off shotgun.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case was prosecuted by Assistant U. S. Attorneys Tim Maher and Carrie Sanderson.
A presentence investigation was ordered, and a sentencing date was set for April 20, 2015, at 3:00 pm.
Aquallo was remanded to the custody of the U. S. Marshals Service to await sentencing.
Eagle Butte Woman Pleads Guilty to Second Degree MurderRead the Press Release
United States Attorney Brendan V. Johnson announced that Jordyn Blue Coat, a/k/a Jordyn Swan, age 21, of Eagle Butte, South Dakota, appeared before District Judge Roberto A. Lange on February 2, 2015, and pled guilty to Second Degree Murder of a child.
The maximum penalty upon conviction is up to life in custody, 5 years of supervised release, and $100 to the Federal Crime Victims Fund.
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 parties stipulated and agreed that Blue Coat had malice aforethought when she unlawfully kicked the child in the head causing his death.
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. The case is being prosecuted by Assistant U.S. Attorney Mikal Hanson.
A presentence investigation was ordered and a sentencing date was set for April 27, 2015. Blue Coat was remanded to the custody of the U.S. Marshals Service pending sentencing.
Eagle Butte Man Sentenced for Possession of A Stolen FirearmRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man convicted of Possession of a Stolen Firearm was sentenced on February 2, 2015, by U.S. District Judge Roberto A. Lange.
Shilo Hill, a/k/a Shilo Robideau, age 19, was sentenced to 2 months in custody, 18 months of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Hill was indicted for Second Degree Burglary, Larceny, and Possession of a Stolen Firearm by a federal grand jury on July 15, 2014. He pled guilty to Possession of a Stolen Firearm on November 17, 2014.
The conviction arose from an incident in March 2014, when Hill knowingly and unlawfully received, possessed, concealed, and stored a .45 caliber Glock pistol, which he had stolen. The firearm was manufactured outside of South Dakota and was shipped and transported in interstate commerce before Hill took and possessed the firearm.This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Hill was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.
Box Elder Man Sentenced for Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Box Elder, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on February 2, 2015, by U.S. District Judge Roberto A. Lange.
Dewey Shane Marrowbone, age 45, was sentenced to 14 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Marrowbone was indicted by a federal grand jury on September 16, 2014 for Failure to Register as a Sex Offender, and pled guilty on November 17, 2014.
The conviction stems from Marrowbone’s failure to register and update his sex offender registration between July 4, 2014, and August 20, 2014. Marrowbone was convicted of Sexual Abuse in 2006, and therefore required by federal law to register and update his place of residence.
This case was investigated by the U.S. Marshals Service and the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Marrowbone was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.
Rosebud Man Charged with Assaulting A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, Opposing, and Impeding a Federal Officer.
Anthony One Star, Jr., age 27, was indicted on January 14, 2015. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 26, 2015, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 8 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.
One Star is alleged to have forcibly assaulted, resisted, opposed, and impeded a Rosebud Sioux Tribe law enforcement officer in November 2014, in Rosebud. The incident resulted in physical contact with the officer.
The charge is merely an accusation and One Star is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Tim Maher is prosecuting the case.
One Star was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
Manderson Man Indicted for Sexually Abusing A MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that a Manderson, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse of a Minor.
Jasper Chase Alone, age 28, was indicted on January 21, 2015. He appeared before U.S. Magistrate Judge Veronica Duffy on January 23, 2015, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 15 years’ 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 September 2014, at Manderson, Chase Alone engaged in a sexual act with a girl under the age of 16.
The charge is merely an accusation 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 Ben Patterson is prosecuting the case.
Chase Alone was detained pending trial. A trial date has not been set.
Man Charged with Criminal TrespassRead the Press Release
United States Attorney Brendan V. Johnson announced that a man residing at the Winner Work Release Program in Winner, South Dakota, has been indicted by a federal grand jury for Criminal Trespass.
Steven Nichols, age 44, was indicted on January 21, 2015. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 26, 2015, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 1 year in custody and/or a $100,000 fine, 1 year of supervised release, and $25 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about January 16, 2015, Nichols, a non-Indian, knowingly committed the public offense of Entering or Refusing to Leave Property After Notice. He entered the Rosebud Sioux Indian Reservation, knowing he was not privileged to do so.
The charge is merely an accusation and Nichols is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Service. Assistant U.S. Attorney Tim Maher is prosecuting the case.
Nichols was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Fort Thompson Man Sentenced for AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Fort Thompson, South Dakota, man convicted of Assault Resulting in Substantial Bodily Injury to an Intimate Partner and Assault Resulting in Serious Bodily Injury was sentenced on January 26, 2015, by U.S. District Judge Roberto A. Lange.
Calvin Bagola, age 27, was sentenced to 55 months in custody on each count, with the sentences to be served concurrently. Bagola also received 2 years of supervised release, and a $200 special assessment to the Federal Crime Victims Fund.
The first conviction stems from an incident on or about February 13, 2014, when Bagola, who had been an intimate dating relationship with the victim since September of 2013, began to assault her with a closed fist at his mother’s house. Bagola also kicked the victim a couple of times. The victim received medical treatment at the hospital in Chamberlain, where it was determined she had a mildly depressed medical orbital wall fracture and a non-displaced fracture involving the superolateral aspect of the right maxillary sinus. Both of her eyes were swollen shut and she had bruising to her face and body.
Bagola’s second conviction stems from an incident on March 27, 2014, when law enforcement was called for an assault involving Bagola and the same victim from the first conviction. Bagola began assaulting the victim when a second victim attempted to intervene and protect her. Bagola assaulted the second victim with a closed fist, punching her several times and knocking her to the ground unconscious. She received medical treatment at the hospital in Chamberlain, where it was determined she had fractures of the mandible both anteriorly and involving the left ramus. She was seen by a specialist in Sioux Falls and required surgery to repair, including her mouth being wired shut for several weeks.
This case was investigated by the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Bagola was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for Possession of A Firearm by Prohibited PersonRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on January 26, 2015, by U.S. District Judge Roberto A. Lange.
Philip Nordvold, age 36, was sentenced to 16 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Nordvold was indicted for Possession of a Firearm by a Prohibited Person by a federal grand jury on August 19, 2014. He pled guilty to the charge on October 21, 2014.
The conviction arose from an incident in February 2014, when Cheyenne River Sioux Tribe law enforcement officers found Nordvold asleep in a parked vehicle. The officers knocked on the window of the vehicle to awaken Nordvold, and one of the officers observed a handgun on the seat by Nordvold’s hand. The vehicle was then searched and a 9mm semi-automatic pistol was located under the driver’s seat. Nordvold had previously been convicted of a crime punishable by imprisonment for more than one year, and was therefore a person prohibited from possessing a firearm.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Division and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Nordvold was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.
Rosebud Woman Sentenced for Two Second Degree MurdersRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, woman convicted of two counts of Second Degree Murder was sentenced on January 20, 2015, by U.S. District Judge Roberto A. Lange.
Crystal Red Hawk, age 37, was sentenced to 300 months in custody, 3 years of supervised release, and a $200 special assessment to the Federal Crime Victims Fund. Restitution will also be ordered.
Red Hawk, along with co-defendants Billy Ray McCloskey and Riley McCloskey, were all indicted by a federal grand jury on February 12, 2014, for First Degree Murder, Kidnapping, Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, Interstate Transportation of a Stolen Motor Vehicle, and Larceny. Red Hawk pled guilty to two counts of Second Degree Murder on October 27, 2014.
The co-defendants in the case were both previously sentenced on October 27, 2014. BillyRay McCloskey, age 24 from St. Francis, South Dakota, was sentenced to two terms of life imprisonment for two counts of First Degree Murder, and a $200 special assessment to the Federal Crime Victims Fund.
Riley McCloskey, age 21 from St. Francis, was convicted of two counts of Second Degree Murder, and sentenced to 210 months in custody, 5 years of supervised release, and a $200 special assessment to the Federal Crime Victims Fund.
In the late evening hours of December 23, 2013, BillyRay McCloskey and Calvin Kills In Water physically fought each other at a home in St. Francis. BillyRay McCloskey knocked Kills In Water to the kitchen floor and kicked him repeatedly in the head, face, and body until Kills In Water lost consciousness. Crystal Red Hawk was present during the assault on Kills In Water. Riley McCloskey arrived at the residence after the assault, while Kills In Water was lying on the floor unconscious and bleeding. Seventy-six year old Benjamin Clifford was asleep in the living room.
The Defendants decided to remove Kills In Water from the residence. The plan was to wrap a shower curtain or blanket around Kills In Water to keep the blood from dripping on the upholstery in the car in which they intended to transport him. The car belonged to Benjamin Clifford.
BillyRay McCloskey and Riley McCloskey supported Kills In Water between them and “walked” him out to Clifford’s car. They loaded him in to the rear passenger seat of the vehicle. As they were doing so, Clifford, the owner of the vehicle, ran outside and said he would drive his own car.
Clifford drove the vehicle as they left the residence, with Crystal Red Hawk in the front passenger seat, Riley McCloskey in the driver side rear passenger seat, and BillyRay McCloskey in the center of the rear passenger seat. The plan was to drive to the community of St. Francis to a trailer house located behind a store where they could drop off Kills In Water with someone who knew him. Clifford suggested that they take Kills In Water to the hospital, but BillyRay McCloskey said no. Clifford then drove the vehicle behind the trailer house according to the original plan and honked the car horn in an effort to get someone’s attention inside the trailer. As he did so, BillyRay McCloskey reached over the back of the front seat and placed his forearm around Clifford’s neck in a sleeper hold until he lost consciousness. The vehicle was driven away from the scene and down a highway south of St. Francis, where the vehicle stopped and BillyRay McCloskey searched the front of the car until he found a screw driver. BillyRay McCloskey then turned around to face the back seat, got on his knees, and stabbed Kills In Water in the chest several times with the screw driver.
The Defendants then proceeded into Nebraska, stopping in front of a gate into a pasture in rural Cherry County. BillyRay McCloskey opened the gate and Crystal Red Hawk continued to drive the vehicle into the pasture, coming to a stop near a grove of trees. BillyRay McCloskey and the others removed both Clifford, who was unconscious but alive, and Kills In Water from the vehicle and drug their bodies from the car to the grove of trees.
After leaving the location where the bodies were dumped, BillyRay McCloskey threw the screw driver out of the front passenger side window. The Federal Bureau of Investigation (FBI) ultimately recovered a Phillips screw driver, and DNA testing of the screw driver indicated the presence of blood from both Clifford and Kills In Water.
The bodies of both Clifford and Kills In Water were located and recovered in the early morning hours of December 30, 2013. Kills In Water was found with his hands bound behind his back with a pair of pants.
Several days later, law enforcement authorities apprehended BillyRay McCloskey, who admitted he strangled Clifford until he was unconscious and also admitted to stabbing him in the chest at least 5 times with a screw driver. He also admitted that he stabbed Kills In Water at least seven times in the throat and had dumped the bodies in a remote area.
An autopsy was performed on the bodies of Clifford and Kills In Water. The autopsy report of Benjamin Clifford concluded that the cause of death was stab wounds to the left chest, with neck compression “asphyxia” as a probable contributing factor. The autopsy noted seven puncture wounds in the upper chest region.
The autopsy report of Calvin Kills In Water indicated that the cause of death was stab wound type injuries involving the head and neck area, with a likely contributing factor of blunt force trauma to the head.
This case was investigated by the FBI and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Tim Maher prosecuted the case.
Red Hawk was immediately turned over to the custody of the U.S. Marshals Service.
Rosebud Man Charged with Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Kameron Jackson, age 22, was indicted on August 19, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 20, 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 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 register and update his registration.
The charge is merely an accusation and Jackson is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Tim Maher is prosecuting the case.
Jackson was remanded to the custody of the U.S. Marshals Service.
Mobridge Man Sentenced for Assaulting A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mobridge, South Dakota, man charged with Assaulting, Resisting, and Impeding a Federal Officer pled guilty to and was sentenced on January 20, 2015, by U.S. Magistrate Judge Mark A. Moreno.
Ed Charles LeClair, IV, 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.
The conviction stems from an incident that took place in Timber Lake at the Days of 1910 City Celebration on or about July 27, 2014, when LeClair forcibly assaulted a Dewey County Deputy Sheriff. At the time of the assault, the Deputy Sheriff was assisting federal law enforcement officers in an arrest of the Defendant at the beer tent.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Mikal Hanson. LeClair was remanded to the custody of the U.S. Marshals Service.
McLaughlin Man Charged with Failure to AppearRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury for Failure to Appear.
Brett Charles Roach, age 27, was indicted on January 14, 2015. He appeared before U.S. Magistrate Judge William D. Gerdes on January 16, 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 Roach was released from custody on a previously indicted charge, upon certain conditions imposed by the Court, including the condition that Roach attend all matters scheduled by the Court. On September 29, 2014, Roach was set to appear before the Honorable Charles B. Kornmann, U.S. District Judge, at Aberdeen, South Dakota, for jury selection. Roach is alleged to have knowingly failed to appear at this hearing, as required.
The charge is merely an accusation and Roach is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Roach was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
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 January 20, 2015, by U.S. District Judge Roberto A. Lange.
Loren Lee Goodlow, a/k/a Loren Goodlow, Jr., 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.
Goodlow was indicted by a federal grand jury on July 15, 2014. He pled guilty on November 3, 2014.
The conviction stems from an incident on or about June 11, 2014, when Goodlow went to the house of his juvenile cousins and started drinking. The victim and his wife were standing outside talking when there was a confrontation between Goodlow and the victim, which resulted in the assault. The victim was airlifted to a hospital in Sioux Falls and he was diagnosed with a traumatic brain injury. The victim also suffered severe mixed hearing loss in his right ear and mild sensorineural hearing loss in his left ear.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Goodlow was immediately turned over to the custody of the U.S. Marshals Service.
Little Eagle Man Charged with Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Little Eagle, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Adrian Spotted Horse, age 35, was indicted on January 13, 2015. He appeared before U.S. Magistrate Judge William D. Gerdes on January 16, 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 between August 26, 2014, and November 17, 2014, Spotted Horse, 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 as required by law.
The charge is merely an accusation and Spotted Horse is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Spotted Horse was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
First Cousins from La Plant Plead Not Guilty to IncestRead the Press Release
United States Attorney Brendan V. Johnson announced that a La Plant, South Dakota, man and woman have been indicted by a federal grand jury for Incest.
Nicholas Ray White Eagle, age 27, and Fawn Lynn Scott, age 22, were indicted on January 14, 2015. They appeared before U.S. Magistrate Judge Mark A. Moreno on January 15, 2015, and pled not guilty to the Indictment.
The maximum penalty upon conviction for each of them 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 for each charge. Restitution may also be ordered.
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 act, White Eagle and Scott were not legally married and were within the degrees of consanguinity with each other, within which a marriage was void.
The charge is merely an accusation and White Eagle and Scott are 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.
White Eagle was released on bond to address separate state court charges and Scott was detained pending trial. A trial date has not been set.
Eagle Butte Man Charged with AssaultRead 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 with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Lawrence Bowker, a/k/a Larry Bowker, age 47, was indicted on January 13, 2015. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 20, 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 $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about August 9, 2014, Bowker unlawfully assaulted an adult male with shod feet, resulting in serious bodily injury.
The charges are merely accusations and Bowker 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.
Bowker was released on bond pending trial. A trial date has not been set.
Rapid City Man Pleads Guilty to Illegal Use of the InternetRead the Press Release
United States Attorney Brendan V. Johnson announced Casey James Godfrey, 29, of Rapid City, appeared before U.S. Magistrate Judge John E. Simko on January 15, 2015, and pled guilty to Enticement of a Minor Using the Internet. The Magistrate Judge is expected to recommend Godfrey’s plea be accepted by the District Court.
The penalty upon conviction is a mandatory minimum of 10 years in prison up to life imprisonment and/or a $250,000 fine.
Between July 2013 and January 2014, at Rapid City, Godfrey used the Internet to entice two females under the age of 18 to engage in sexual activity.
The investigation was conducted by the Internet Crimes Against Children Task Force. The case is being prosecuted by Assistant U.S. Attorney Sarah Collins.
A presentence investigation was ordered and a sentencing date will be set.
Godfrey was remanded to the custody of the U.S. Marshals pending acceptance of his plea and sentencing.
Sioux Falls Man Sentenced for Making Counterfeit CurrencyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota, man convicted of Making Counterfeit Currency was sentenced on January 16, 2015, by U.S. District Judge Karen E. Schreier.
Joshua Shane Lajoie, age 29, was sentenced to 30 months in custody, to be followed by 2 years of supervised release. He was also ordered to make restitution of $560 to various businesses in the Sioux Falls area.
Lajoie was indicted by a federal grand jury on June 3, 2014, for one count of Making Counterfeit Currency, three counts of Passing Counterfeit Currency, and one count of Possession Of Counterfeit Currency. He pled guilty to the Making Counterfeit Currency charge on September 23, 2014. The other charges were dismissed.
The Sioux Falls Police Department received reports from several Sioux Falls businesses that they had received counterfeit $20 bills in late November and December of 2013. An investigation led to the arrest of several individuals, including Lajoie. It was determined that Lajoie had been making the
counterfeit money and used it to purchase drugs. In turn, the sellers of the drugs spent the counterfeit money. It is estimated that 116 counterfeit $20 bills were passed in the area.
This case was investigated by the Sioux Falls Police Department, the Minnehaha County Sheriff’s Office, and the U.S. Secret Service. Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.
Lajoie was immediately turned over to the custody of the U.S. Marshals Service.
Howes Man Charged with LarcenyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Howes, South Dakota, man has been indicted by a federal grand jury for Larceny.
Leland Logg, age 38, was indicted on January 13, 2015. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 15, 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 between April 7, 2014, and June 20, 2014, Logg took and carried away, with the intent to steal and purloin, money, funds, and assets, which were the personal property of Dakota Oyate Challenge Basketball Tournament, and had a value of more than $1,000.
The charge is merely an accusation and Logg is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.
Logg was released on bond pending trial. A trial date has not been set.
Harrold Man Charged with Domestic Assault by A Habitual OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Harrold, South Dakota, man has been indicted by a federal grand jury for Domestic Assault by a Habitual Offender.
Lonnie Patrick Big Eagle, age 38, was indicted on January 13, 2015. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 16, 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 between August 9, 2014, and August 10, 2014, Big Eagle committed a domestic assault upon his common law wife, causing substantial bodily injury. At the time of the assault, Big Eagle had a final conviction, on at least two separate prior occasions, for offenses that would have been, if subject to federal jurisdiction, an assault against a spouse or intimate partner.
The charge is merely an accusation and Big Eagle is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Crow Creek Division. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Big Eagle was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Fort Thompson Man Indicted on Drug ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Fort Thompson, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute and Possess with Intent to Distribute a Controlled Substance, and Possession with Intent to Distribute a Controlled Substance.
Christopher Spider, age 35, was indicted on January 13, 2015. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 16, 2015, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $1,000,000 fine, at least 3 years of supervised release, and $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that commencing on or about September 1, 2014, and continuing through December 29, 2014, Spider knowingly and intentionally combined, conspired, confederated and agreed with others to distribute and possess with intent to distribute a controlled substance. The Indictment also alleges that on or about December 29, 2014, Spider knowingly and intentionally possessed with intent to distribute a detectable amount of methamphetamine.
The charges are merely accusations and Spider is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Spider was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Eagle Butte Man Indicted on Drug ChargesRead 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 Conspiracy to Distribute a Controlled Substance and Possession with Intent to Distribute a Controlled Substance.
Michael Scott Hearon, age 46, was indicted on November 13, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 14, 2015, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $1,000,000 fine, 3 years of supervised release, and $400 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about between June 22, 2013, and February 3, 2014, Hearon knowingly and intentionally combined, conspired, confederated and agreed with others to distribute and possess with intent to distribute methamphetamine, a Schedule II controlled substance. The Indictment also alleges that Hearon, on June 22, 2013, and October 18, 2013, knowingly and intentionally distributed and possessed with intent to distribute methamphetamine and marijuana.
The charges are merely accusations and Hearon is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and Bureau of Indian Affairs. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Hearon was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Eagle Butte Man Charged with Assault with A Dangerous WeaponRead 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 with a Dangerous Weapon.
Kenny Fiddler, age 34, was indicted on December 9, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 15, 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 or about August 23, 2014, Fiddler unlawfully assaulted a male victim with a knife with the intent to do bodily harm.
The charge is merely an accusation and Fiddler 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.
Fiddler was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for February 24, 2015.
Rapid City Man Indicted on Firearm ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Possession of a Firearm by a Prohibited Person and Possession of a Stolen Firearm.
Patrick Harding, age 57, was indicted on November 19, 2014. He appeared before U.S. Magistrate Judge Veronica Duffy on January 12, 2015, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 10 years’ imprisonment and/or a $250,000 fine, 3 years’ supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment charges that in August 2014, at Rapid City, Harding, who is prohibited from possessing firearms, was in possession of a stolen Glock pistol.
The charges are merely accusations and Harding is presumed innocent until and unless proven guilty.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Ben Patterson is prosecuting the case. Harding was detained pending trial. A trial date has not been set.
Kyle Man Charged with Possession of Firearms by A Prohibited PersonRead the Press Release
United States Attorney Brendan V. Johnson announced that a Kyle, South Dakota, man has been indicted by a federal grand jury for Possession of Firearms by a Prohibited Person.
Gerald Baker, age 29, was indicted on September 23, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on January 8, 2015, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 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 Baker being in possession of a firearm on June 9, 2014, at Kyle, when he knew he was prohibited from doing so because of a previous domestic violence conviction.
The charge is merely an accusation and Baker is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, Oglala Sioux Tribe Department of Public Safety, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Ben Patterson is prosecuting the case.
Baker was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for March 17, 2015.
Box Elder Man Charged with LarcenyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Box Elder, South Dakota, man has been indicted by a federal grand jury for Larceny.
Juan Crawford, age 24, was indicted on October 21, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on January 9, 2015, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to one year in custody and/or a $100,000 fine, one year of supervised release, and $25 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Crawford stealing wallets, cash, personal items, and debit and credit cards from unlocked lockers at the men’s gym on Ellsworth Air Force Base on December 9, 2013.
The charge is merely an accusation and Crawford is presumed innocent until and unless proven guilty.
The investigation is being conducted by the United States Air Force Security Police. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.Crawford was released on bond pending trial. A trial date has not been set.
Federal Court Issues Preliminary Injunction Against South Dakota Medical Laser ManufacturerRead the Press Release
WASHINGTON - A federal court has barred a Rapid City, South Dakota, company and its president from further manufacturing and distributing its laser devices, which they marketed to treat a variety of medical conditions and diseases, the Justice Department announced today.
U.S. District Court Chief Judge Jeffrey L. Viken for the District of South Dakota entered the preliminary injunction on Wednesday against Robert “Larry” Lytle and his businesses, QLasers PMA, 2035 PMA, and 2035 INC., in an action filed by the Justice Department to enforce provisions of the federal Food, Drug, and Cosmetic Act (FDCA). The court’s order prohibiting the manufacture and distribution of the QLaser devices also applies to Lytle’s business affiliates and franchisees.
Last October, the Justice Department and the U.S. Attorney’s Office for the District of South Dakota filed a civil complaint for injunctive relief against Lytle and his businesses, alleging that they have been violating the FDCA by nationally marketing Lytle’s laser devices for the treatment of more than 200 different diseases and medical disorders without clearance or approval from the U.S. Food and Drug Administration (FDA). The preliminary injunction entered on Wednesday takes effect immediately and will remain in force while the government’s case seeking a permanent injunction proceeds to final judgment.
Judge Viken found, based on what he called an “extensive and well developed record,” that Lytle and his various businesses “have shown no intent to discontinue their activities and voluntarily comply with the FDCA. “The injunction bars the defendants from continuing to market and distribute any medical devices until they receive written permission from the FDA to do so.
Lytle, whom the court noted was a dentist in Rapid City until his license to practice dentistry was permanently revoked by the South Dakota Board of Dentistry in 1998, markets the devices by soliciting purchasers to join his “private membership associations” or “PMAs” before purchasing his lasers. As the court explained, however, “Hiding behind a curtain of private membership associations, 2035 PMA and QLaser PMA, does not shield Mr. Lytle from the authority of the FDCA or the jurisdiction of the court.”
“With the entry of this preliminary injunction, we have taken another step toward ensuring that only medical devices that have been shown to be safe and effective are placed in the hands of the American consumer,” said Acting Assistant Attorney General Joyce R. Branda for the Justice Department’s Civil Division. “Everyone who deals in products that affect people’s health must comply with the FDCA.”
According to court documents filed in the case, the defendants have been distributing the QLaser devices with labeling that contains false and misleading claims, touting their use in treating such serious conditions as cancer, HIV/AIDS, venereal disease and diabetes. Although two of his laser devices were FDA-cleared for providing temporary relief of pain associated with osteoarthritis of the hand, none of the devices has been cleared or approved to treat any other medical conditions. The government alleges that not only are there no published clinical studies to support the use of Lytle’s lasers to treat other serious medical conditions, but that in fact, using the devices according to the device’s labeling could be dangerous to health. The court’s order finds that the United States is substantially likely to succeed on the merits on this claim and the others within the government’s complaint.
“The preliminary injunction granted should provide consumers a renewed sense of confidence,” said U.S. Attorney Brendan V. Johnson for the District of South Dakota. “This action is crucial to prevent the company from continuing to operate on the periphery of the law, and potentially jeopardize the health and safety of its consumers.”
The FDA referred this enforcement action to the Department of Justice. The government’s case is being litigated by Trial Attorney Ross S. Goldstein of the Civil Division’s Consumer Protection Branch, with assistance from the U.S. Attorney’s Office for the District of South Dakota and the FDA’s Office of Chief Counsel.
Federal Court Issues Preliminary Injunction Against South Dakota Medical Laser ManufacturerRead the Press Release
WASHINGTON - A federal court has barred a Rapid City, South Dakota, company and its president from further manufacturing and distributing its laser devices, which they marketed to treat a variety of medical conditions and diseases, the Justice Department announced today.
U.S. District Court Chief Judge Jeffrey L. Viken for the District of South Dakota entered the preliminary injunction on Wednesday against Robert “Larry” Lytle and his businesses, QLasers PMA, 2035 PMA, and 2035 INC., in an action filed by the Justice Department to enforce provisions of the federal Food, Drug, and Cosmetic Act (FDCA). The court’s order prohibiting the manufacture and distribution of the QLaser devices also applies to Lytle’s business affiliates and franchisees.
Last October, the Justice Department and the U.S. Attorney’s Office for the District of South Dakota filed a civil complaint for injunctive relief against Lytle and his businesses, alleging that they have been violating the FDCA by nationally marketing Lytle’s laser devices for the treatment of more than 200 different diseases and medical disorders without clearance or approval from the U.S. Food and Drug Administration (FDA). The preliminary injunction entered on Wednesday takes effect immediately and will remain in force while the government’s case seeking a permanent injunction proceeds to final judgment.
Judge Viken found, based on what he called an “extensive and well developed record,” that Lytle and his various businesses “have shown no intent to discontinue their activities and voluntarily comply with the FDCA. “The injunction bars the defendants from continuing to market and distribute any medical devices until they receive written permission from the FDA to do so.
Lytle, whom the court noted was a dentist in Rapid City until his license to practice dentistry was permanently revoked by the South Dakota Board of Dentistry in 1998, markets the devices by soliciting purchasers to join his “private membership associations” or “PMAs” before purchasing his lasers. As the court explained, however, “Hiding behind a curtain of private membership associations, 2035 PMA and QLaser PMA, does not shield Mr. Lytle from the authority of the FDCA or the jurisdiction of the court.”
“With the entry of this preliminary injunction, we have taken another step toward ensuring that only medical devices that have been shown to be safe and effective are placed in the hands of the American consumer,” said Acting Assistant Attorney General Joyce R. Branda for the Justice Department’s Civil Division. “Everyone who deals in products that affect people’s health must comply with the FDCA.”
According to court documents filed in the case, the defendants have been distributing the QLaser devices with labeling that contains false and misleading claims, touting their use in treating such serious conditions as cancer, HIV/AIDS, venereal disease and diabetes. Although two of his laser devices were FDA-cleared for providing temporary relief of pain associated with osteoarthritis of the hand, none of the devices has been cleared or approved to treat any other medical conditions. The government alleges that not only are there no published clinical studies to support the use of Lytle’s lasers to treat other serious medical conditions, but that in fact, using the devices according to the device’s labeling could be dangerous to health. The court’s order finds that the United States is substantially likely to succeed on the merits on this claim and the others within the government’s complaint.
“The preliminary injunction granted should provide consumers a renewed sense of confidence,” said U.S. Attorney Brendan V. Johnson for the District of South Dakota. “This action is crucial to prevent the company from continuing to operate on the periphery of the law, and potentially jeopardize the health and safety of its consumers.”
The FDA referred this enforcement action to the Department of Justice. The government’s case is being litigated by Trial Attorney Ross S. Goldstein of the Civil Division’s Consumer Protection Branch, with assistance from the U.S. Attorney’s Office for the District of South Dakota and the FDA’s Office of Chief Counsel.
Former USD Athletes Sentenced in IRS Fraud CaseRead the Press Release
United States Attorney Brendan V. Johnson announced that two former University of South Dakota football players convicted of Conspiracy to Defraud the United States and Aggravated Identity Theft were sentenced on January 12, 2015, by U.S. District Judge Karen E. Schreier.
Alphonso Rico Valdez, age 23, of Nashville, Tennessee, was sentenced to 37 months in prison on the conspiracy charge, and 24 months on the ID theft charge, to be served consecutively. Upon release from prison he will be on supervised release for 3 years. Valdez was also ordered to make restitution to the Internal Revenue Service (IRS) in the amount of $421,116, and to two ID theft victims in the amount of $866.83.
Terry Daron Liggins, age 29, of Sioux Falls, South Dakota, was sentenced to 15 months in prison on the conspiracy charge, and 24 months on the ID theft charge, to be served consecutively. Upon release from prison he will be on supervised release for 3 years. Liggins was also ordered to make restitution to the IRS in the amount of $339,535, and to two ID theft victims in the amount of $866.83.
Valdez, Liggins, and 9 others were indicted on the above charges by a federal grand jury on May 8, 2013. Valdez and Liggins pled guilty on October 16, 2014.
Valdez and Liggins were involved in a scheme to defraud the United States by using personal identifying information, including names, Social Security numbers, and dates of birth, of other individuals to file bogus income tax returns showing tax refunds due. The requested refunds totaled approximately $1 million, and the IRS paid fraudulent claims of over $400,000 before the fraud came to light.
During his involvement in the scheme, Valdez had co-conspirators obtain identities, including names, Social Security numbers, and dates of birth. Valdez provided the stolen identities to other co-conspirators to be used to file fraudulent income tax returns with the IRS. Valdez also had co-conspirators provide him with addresses to use on the fraudulent income tax returns and, in turn, provided those addresses to other co-conspirators so that refund checks could be received in the mail. Valdez received fraudulent income tax refunds in the mail at the addresses he obtained/provided, and deposited the funds into his own bank accounts and those of his co-conspirators.
During Liggins’ involvement in the scheme, he sent a text message to a co-conspirator containing stolen identities, including names, Social Security numbers, and dates of birth, to be used to file fraudulent income tax returns with the IRS. He also provided a co-conspirator with addresses knowing that the addresses would be used in the scheme to receive fraudulent tax refunds in the mail.This case was investigated by the Vermillion Police Department, the South Dakota Division of Criminal Investigation, and the IRS Criminal Investigation Division. Assistant U.S. Attorney John E. Haak prosecuted the case.
Both men were ordered to surrender to the U.S. Marshals Service by noon on February 16, 2015.
Porcupine Woman Charged with False StatementRead the Press Release
United States Attorney Brendan V. Johnson announced that a Porcupine, South Dakota, woman has been indicted by a federal grand jury for False Statement.
Danishia Marshall, age 19, was indicted on December 16, 2014. She appeared before U.S. Magistrate Judge Veronica L. Duffy on January 6, 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 October 3, 2013, Marshall knowingly and willfully made a materially false, fictitious, and fraudulent statement when she told a special agent that she had been sexually assaulted by an officer when she, in fact, knew she had not been sexually assaulted.
The charge is merely an accusation and Marshall is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Marshall was released on bond pending trial, which has been set for March 17, 2015.
Okreek Man Sentenced for Assault by Strangulation and SuffocationRead the Press Release
United States Attorney Brendan V. Johnson announced that an Okreek, South Dakota, man convicted of Assault by Strangulation and Suffocation was sentenced on January 5, 2015, by U.S. District Court Judge Roberto A. Lange.
Joe Scott, age 36, was sentenced to 27 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Scott was indicted by a federal grand jury on April 22, 2014. He pled guilty on October 27, 2014.
The conviction stems from an incident on or about March 23, 2014, when Scott, his girlfriend and her three children were traveling from Mission to Okreek, where Scott lives. Scott was intoxicated, and he started to argue with his girlfriend and threatened her. While she was driving, he struck her and put his hands around her throat, which impacted her normal breathing and the circulation of blood in her neck and throat. He also reached over from the passenger seat and grabbed the steering wheel and directed the vehicle across the centerline and toward oncoming vehicles. The victim fought to retain control of the steering wheel and was able to get the vehicle back into the proper lane. Once at their destination, Scott struck, pinned, and strangled the victim again.
This case was investigated by Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Tim Maher prosecuted the case.
Scott was immediately turned over to the custody of the U.S. Marshals Service.
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 January 5, 2015, by U.S. District Judge Charles B. Kornmann. He was found guilty by a federal jury on October 8, 2014, following a two day trial in Pierre, South Dakota.
Brett Roach, age 27, was sentenced to 120 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Roach was indicted by a federal grand jury on June 6, 2013.
The conviction stems from an incident on May 22, 2013, when Roach, who was babysitting his wife’s three young children, forcefully threw one of the children off the bed and across the room after the child repeatedly woke him up. The Defendant then noticed the ten-month old victim was unconscious and called 911 to summon an ambulance. The victim was transported to the Mobridge Regional Hospital and then airlifted to Sanford USD Medical Center in Sioux Falls due to the severity of the child’s head injuries, which included bilateral skull fractures and subdural hematomas. The child also suffered multiple bruises over numerous parts of the body. The victim was in critical condition for an extended period of time.
This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Roach was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.
Lemmon Man Indicted on Child Pornography ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lemmon, South Dakota, man has been indicted by a federal grand jury for Receipt of Child Pornography and Possession of Child Pornography.
Donavon Lee Klein, age 60, was indicted on December 16, 2014. He appeared before U.S. Magistrate Veronica L. Duffy on January 6, 2015, and pled not guilty to the Indictment.
The penalty upon conviction is a mandatory minimum of 5 years’ imprisonment up to 20 years’ imprisonment and/or a $250,000 fine, a lifetime of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment charges that between June 2011 and July 2014, at Lemmon, Klein knowingly received and possessed computer files containing images of child pornography.
The charges are merely accusations and Klein is presumed innocent until and unless proven guilty.
The investigation was conducted by the South Dakota Internet Crimes Against Children Task Force. Assistant U.S. Attorneys Ben Patterson and Sarah Collins are prosecuting the case.
Klein was released pending trial with conditions limiting his use of the internet and contact with children. A trial date has been set for March 17, 2015.
Colorado Man Sentenced for Attempted Sex TraffickingRead the Press Release
United States Attorney Brendan V. Johnson announced that a Brighton, Colorado, man convicted of Attempted Trafficking with Respect to Involuntary Servitude and Forced Labor was sentenced on January 8, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Miguel Aguilar, age 20, was sentenced to 36 months of imprisonment, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. Aguilar will also be required to register as a sex offender.
Aguilar 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.
The conviction stemmed from Aguilar responding to a law enforcement-generated Internet advertisement which purported to offer young girls for sex, and Aguilar negotiated the terms of a sexual encounter with a fictitious 13 year-old girl. Aguilar then met with an undercover agent, who was posing as someone who could provide the young girl for sex. The negotiated price was a quarter-ounce of marijuana, and Aguilar had the marijuana in his possession.
The investigation was conducted by the South Dakota Internet Crimes Against Children Task Force, the South Dakota Division of Criminal Investigation, the Federal Bureau of Investigation, the Rapid City Police Department, the Pennington County Sheriff’s Office, and the Meade County Sheriff’s Office. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Aguilar was immediately turned over to the custody of the U.S. Marshals Service.Box Elder Man Sentenced for Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Box Elder, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on January 6, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Gerald Davis, a/k/a Jerry Davis, age 55, was sentenced to time served, 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Davis pled guilty to the charge on September 25, 2014. The conviction stems from Davis failing to register as a convicted sex offender between September 2013 and March 2014.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Alabama Man Sentenced for Felon in Possession of Firearm, Impersonating A Federal Officer, Interstate Stalking, and Tampering with A WitnessRead the Press Release
United States Attorney Brendan V. Johnson announced that an Alabaster, Alabama, man convicted of Felon in Possession of Firearm, Impersonating a Federal Officer, Interstate Stalking, and Tampering with a Witness, was sentenced on January 6, 2015, by U.S. District Judge Roberto A. Lange. In October of 2014, Thetford was found guilty by a federal jury, following a 5-day trial in Pierre, South Dakota.
Michael Thetford, a/k/a Russ LNU, age 37, was sentenced to 70 months in custody, to be served consecutively to his sentence imposed in a separate Alabama case, 3 years of supervised release, and a $400 special assessment to the Federal Crime Victims Fund. He was also ordered to forfeit a firearm he used when he impersonated a Federal Bureau of Investigation (FBI) officer.
On December 14, 2011, Thetford was indicted by a federal grand jury on a three-count Indictment. On February 12, 2014, a Superseding Indictment was filed adding the Tampering with a Witness charge.
The South Dakota convictions stem from an incident occurring on May 28, 2010, when the victims, William Jack Winslett and Shirley Winslett, a married couple, were living at their home in rural Hughes County. The victims also own property and other assets in Alabama. That afternoon, Thetford came to their door posing as a Special Agent with the FBI. Thetford was wearing a dark suit, displayed FBI and military credentials, had a pistol on his hip, and identified himself as “Agent Russ.” Thetford accused the victims of being involved in drug trafficking and other criminal matters. The victims believed he was an actual FBI Agent. Thetford informed the victims they needed to accompany him to a polygraph examination in Sioux City, Iowa, indicating they could be arrested at the end of the interview. Thetford told them they would need to bring their computers, so they produced their computers for the trip to Sioux City. Thetford directed the victims into the back seat of his vehicle, which had locked back-seat doors.
Thetford drove the victims toward Sioux City, but stopped at Humboldt, South Dakota, where he informed the victims that he had received a cell phone call which cleared them of the drug investigation. He said a different arrest was in the process of being made, and he would return them home. On the drive home, there was friendlier talk with the victims. Thetford learned both victims were shooting sport enthusiasts, and learned Mr. Winslett had a knack for gunsmithing. Ultimately, Thetford left his pistol with the victims, asking that Mr. Winslett do some repair work on the trigger. On June 4, 2010, Thetford, posing as “Agent Russ” sent the Winsletts an email indicating an arrest had been made and he would enter them into a victim compensation program.
Over the course of several following months, the Winsletts had trouble maintaining contact with “Agent Russ” and began to doubt he was an actual FBI Agent. The FBI began to track Thetford’s travel to and from South Dakota between May 25 and May 29, 2010.
Around November 16, 2011, federal search warrants were obtained for Thetford’s home in Alabaster, Alabama. Numerous items of evidence were found, including fake FBI badges, fake military credentials, fake credentials for surgeons, fake Immigration and Customs Enforcement uniforms and credentials, pepper spray, handcuffs, computers, and molds and materials to make other law enforcement badges and credentials.
Thetford was tracked over three days and arrested on November 19, 2011, after he fled on foot from pursuing FBI agents through a rural wooded area known as Confederate Memorial Park in Alabama. After his arrest, Thetford sent a letter to a family member asking the family member to track down a laptop computer that he did not want law enforcement authorities to find. The laptop computer, and other computer media seized from his home, connected Thetford to a plot to defraud the Winsletts by illegally transferring their Alabama real estate and other property and assets to himself and his land surveying business. Thetford unlawfully used fake notary credentials to make transfer paperwork look legitimate. Thetford’s associate testified at trial that Thetford wanted to take and sell the victims’ Alabama property, so Thetford traveled to South Dakota in May of 2010 to investigate the victims and determine if they had plans to come back to Alabama.
Though incarcerated on other Alabama charges, around February 13, 2013, Thetford sent a letter to the Winsletts that served to threaten and intimidate the victims. The letter sought to have the Winsletts stop cooperating with federal law enforcement authorities and withhold testimony.
Based upon the investigation that began in South Dakota and continued in Alabama, as well as searches of his home computers, Alabama authorities pursued charges for child pornography, illegal possession of several firearms at his Alabama home, and wire fraud. On June 27, 2013, Thetford was sentenced in the Northern District of Alabama to 26 and 1/2 years for four charges: production of child pornography, receipt of child pornography, felon in possession of firearms, and conspiracy to commit wire fraud. Judge Lange ordered that Thetford shall serve his 6 year South Dakota sentence consecutively to, or after, he completes his Alabama sentence.
This case was investigated by the South Dakota Division of Criminal Investigation, the Pierre FBI office, the Birmingham, Alabama FBI office, the United States Marshals Service, the FBI’s Science and Technology Branch Investigative Analysis Unit, and other local law enforcement agencies in Alabama. Assistant U.S. Attorney Tim Maher prosecuted the case.
Thetford was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.
Alabama Man Sentenced for Felon in Possession of Firearm, Impersonating A Federal Officer, Interstate Stalking, and Tampering with A WitnessRead the Press Release
United States Attorney Brendan V. Johnson announced that an Alabaster, Alabama, man convicted of Felon in Possession of Firearm, Impersonating a Federal Officer, Interstate Stalking, and Tampering with a Witness, was sentenced on January 6, 2015, by U.S. District Judge Roberto A. Lange. In October of 2014, Thetford was found guilty by a federal jury, following a 5-day trial in Pierre, South Dakota.
Michael Thetford, a/k/a Russ LNU, age 37, was sentenced to 70 months in custody, to be served consecutively to his sentence imposed in a separate Alabama case, 3 years of supervised release, and a $400 special assessment to the Federal Crime Victims Fund. He was also ordered to forfeit a firearm he used when he impersonated a Federal Bureau of Investigation (FBI) officer.
On December 14, 2011, Thetford was indicted by a federal grand jury on a three-count Indictment. On February 12, 2014, a Superseding Indictment was filed adding the Tampering with a Witness charge.
The South Dakota convictions stem from an incident occurring on May 28, 2010, when the victims, William Jack Winslett and Shirley Winslett, a married couple, were living at their home in rural Hughes County. The victims also own property and other assets in Alabama. That afternoon, Thetford came to their door posing as a Special Agent with the FBI. Thetford was wearing a dark suit, displayed FBI and military credentials, had a pistol on his hip, and identified himself as “Agent Russ.” Thetford accused the victims of being involved in drug trafficking and other criminal matters. The victims believed he was an actual FBI Agent. Thetford informed the victims they needed to accompany him to a polygraph examination in Sioux City, Iowa, indicating they could be arrested at the end of the interview. Thetford told them they would need to bring their computers, so they produced their computers for the trip to Sioux City. Thetford directed the victims into the back seat of his vehicle, which had locked back-seat doors.
Thetford drove the victims toward Sioux City, but stopped at Humboldt, South Dakota, where he informed the victims that he had received a cell phone call which cleared them of the drug investigation. He said a different arrest was in the process of being made, and he would return them home. On the drive home, there was friendlier talk with the victims. Thetford learned both victims were shooting sport enthusiasts, and learned Mr. Winslett had a knack for gunsmithing. Ultimately, Thetford left his pistol with the victims, asking that Mr. Winslett do some repair work on the trigger. On June 4, 2010, Thetford, posing as “Agent Russ” sent the Winsletts an email indicating an arrest had been made and he would enter them into a victim compensation program.
Over the course of several following months, the Winsletts had trouble maintaining contact with “Agent Russ” and began to doubt he was an actual FBI Agent. The FBI began to track Thetford’s travel to and from South Dakota between May 25 and May 29, 2010.
Around November 16, 2011, federal search warrants were obtained for Thetford’s home in Alabaster, Alabama. Numerous items of evidence were found, including fake FBI badges, fake military credentials, fake credentials for surgeons, fake Immigration and Customs Enforcement uniforms and credentials, pepper spray, handcuffs, computers, and molds and materials to make other law enforcement badges and credentials.
Thetford was tracked over three days and arrested on November 19, 2011, after he fled on foot from pursuing FBI agents through a rural wooded area known as Confederate Memorial Park in Alabama. After his arrest, Thetford sent a letter to a family member asking the family member to track down a laptop computer that he did not want law enforcement authorities to find. The laptop computer, and other computer media seized from his home, connected Thetford to a plot to defraud the Winsletts by illegally transferring their Alabama real estate and other property and assets to himself and his land surveying business. Thetford unlawfully used fake notary credentials to make transfer paperwork look legitimate. Thetford’s associate testified at trial that Thetford wanted to take and sell the victims’ Alabama property, so Thetford traveled to South Dakota in May of 2010 to investigate the victims and determine if they had plans to come back to Alabama.
Though incarcerated on other Alabama charges, around February 13, 2013, Thetford sent a letter to the Winsletts that served to threaten and intimidate the victims. The letter sought to have the Winsletts stop cooperating with federal law enforcement authorities and withhold testimony.
Based upon the investigation that began in South Dakota and continued in Alabama, as well as searches of his home computers, Alabama authorities pursued charges for child pornography, illegal possession of several firearms at his Alabama home, and wire fraud. On June 27, 2013, Thetford was sentenced in the Northern District of Alabama to 26 and 1/2 years for four charges: production of child pornography, receipt of child pornography, felon in possession of firearms, and conspiracy to commit wire fraud. Judge Lange ordered that Thetford shall serve his 6 year South Dakota sentence consecutively to, or after, he completes his Alabama sentence.
This case was investigated by the South Dakota Division of Criminal Investigation, the Pierre FBI office, the Birmingham, Alabama FBI office, the United States Marshals Service, the FBI’s Science and Technology Branch Investigative Analysis Unit, and other local law enforcement agencies in Alabama. Assistant U.S. Attorney Tim Maher prosecuted the case.
Thetford was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.
Mission Woman Charged with Second Degree Murder, Assault, and 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 Second Degree Murder, Assault Resulting in Serious Bodily Injury, and Child Abuse.
Rae Dawn Lunderman, age 28, was indicted on December 9, 2014. She appeared before U.S. Magistrate Judge Mark A. Moreno on December 31, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in prison and/or a $250,000 fine, 5 years of supervised release, and $500 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on August 11, 2013, Tyler Erickson and Lunderman unlawfully and with malice murdered and assaulted a human being who had not attained the age of 18 years old. The Indictment also alleges that between August 1, 2013, and August 10, 2013, Lunderman abused, exposed, tortured, and cruelly punished two children who had not attained the age of 7 years old.
The charges are merely accusations and Lunderman is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Tim Maher is prosecuting the case.
Lunderman was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for February 24, 2015.
Mission Woman Charged with Misprision of FelonyRead 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 Misprision of Felony.
Chelsea Larvie, age 21, was indicted on December 9, 2014. She appeared before U.S. Magistrate Judge Mark A. Moreno on December 23, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 3 years in custody and/or a $250,000 fine, 1 year of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about August 26, 2014, Larvie was aware that burglary and larceny offenses had been committed by her friends at the Todd County government building, but she concealed her knowledge of the felony offenses from law enforcement authorities investigating the matter.
The charge is merely an accusation and Larvie is presumed innocent until and unless proven guilty.The investigation is being conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Timothy Maher is prosecuting the case.
Larvie was released on bond pending trial. A trial date has not been set.
Fort Thompson Man Charged with Arson and BurglaryRead the Press Release
United States Attorney Brendan V. Johnson announced that a Fort Thompson, South Dakota, man has been indicted by a federal grand jury for Arson and Burglary.
Lewis Brown, Jr., age 21, was indicted on December 9, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 18, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, 5 years of supervised release, and $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about October 15, 2014, Brown willfully and maliciously set fire to and burned a duplex. Brown is also alleged to have entered and remained in an occupied structure, without permission, during night time, with the intent to commit the crime of arson.
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, Crow Creek Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Brown was released on bond pending trial. A trial date has not been set.
Cherry Creek Man Charged with Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that a Cherry Creek, South Dakota, man has been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury.
Joshua Hale, age 24, was indicted on December 9, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 18, 2014, 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 or about February 6, 2014, Hale unlawfully assaulted an adult male, resulting in serious bodily injury.
The charge is merely an accusation and Hale 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.
Hale was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Chamberlain Man Sentenced for Possession of A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that a Chamberlain, South Dakota, man convicted of Possession of a Controlled Substance was sentenced on December 31, 2014, by U.S. Magistrate Judge Mark A. Moreno.
Rodney Hickey, age 49, was sentenced to 12 months of custody, 1 year of supervised release, a $1,000 fine, and a $25 special assessment to the Federal Crime Victims Fund.
Hickey was indicted by a federal grand jury on May 21, 2013. He pled guilty on December 16, 2014.
The conviction stems from an incident on or about January 12, 2013, when a vehicle operated by Hickey was the subject of a felony traffic stop by a South Dakota Highway Patrol Trooper. During the search of the vehicle, the trooper found a pill bottle with 48 pills of various kinds, as well as two baggies of white powder later determined to be methamphetamine. Also found in the vehicle were firearms, a scale, a glass pipe, a paper snort tube with methadone residue, three baggies with residue amounts of methamphetamine, four syringes, four cook spoons, a film canister with a residue amount of marijuana, ten needles, five Q-tips, and “Hickey Drilling” forms.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Jay Miller prosecuted the case.
Hickey was immediately turned over to the custody of the U.S. Marshals Service.
Watertown Man Sentenced for His Role in Operation Black WidowRead the Press Release
United States Attorney Brendan V. Johnson announced that a Watertown, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on December 29, 2014, by U.S. District Judge Karen E. Schreier.
Patricio Rodriguez Pena, age 56, was sentenced to 180 months in prison, to be followed by 5 years of supervised release.
Pena was indicted for Conspiracy to Distribute 50 Grams or More of Methamphetamine by a federal grand jury on July 9, 2013. He pled guilty to the offense on October 6, 2014.
Pena’s indictment was a result of Operation Black Widow, an extensive multi-year investigation into a wide variety of alleged criminal activity. The investigation resulted in nearly a dozen indictments for drug trafficking and firearm offenses.
For his part in the Operation, Pena provided at least 500 grams, but not more than 1.5 kilograms, of “ice” methamphetamine (at least 80% purity) to various co-conspirators to distribute in South Dakota and elsewhere.
The investigation was led by the U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF). ATF received significant assistance from other law enforcement agencies, including the Watertown Police Department, the Codington County Sheriff, the South Dakota Division of Criminal Investigation, and the Drug Enforcement Administration. Assistant U.S. Attorney John E. Haak prosecuted the case.
Pena was immediately turned over to the custody of the U.S. Marshals Service.
Lower Brule Man and Woman Sentenced for Assaulting A Federal Officer and Aiding and AbettingRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota, man and woman convicted of Assaulting, Resisting and Impeding a Federal Officer and Aiding and Abetting have been sentenced by U.S. District Judge Roberto A. Lange.
Toni Harmon, a/k/a Toni Bad Horse, age 39, and Sterling St. Cloud, age 33, were sentenced to time served (approximately 8 months), 2 years of supervised release, and each were ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Harmon and St. Cloud were indicted by a federal grand jury on May 13, 2014. Harmon pled guilty on September 23, 2014, and St. Cloud pled guilty on October 9, 2014.
The convictions stem from an incident on or about March 8, 2014, when a Bureau of Indian Affairs officer responded to a call on an alleged assault. Upon arrival, he made contact with St. Cloud, Harmon, and others. The officer began to place St. Cloud into custody for an outstanding tribal warrant, when St. Cloud attempted to run away, and a struggle ensued with the officer. Harmon then intervened and grabbed the officer’s hand. St. Cloud was able to get free with the assistance of Harmon and they both fled the house through the door Harmon had opened.
This case was investigated by the Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Fort Thompson Man Sentenced for AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Fort Thompson, South Dakota, man convicted of two counts of Domestic Assault by an Habitual Offender, and one count of Simple Assault, was sentenced on December 22, 2014, by U.S. District Judge Roberto A. Lange. He was found guilty by a federal jury in Pierre on October 10, 2014.
Santana Drapeau, age 22, was sentenced to 41 months in custody, 2 years of supervised release, $954 in restitution, and a $210 special assessment to the Federal Crime Victims Fund.
The conviction stemmed from incidents occurring on May 18, 2014, in which Drapeau assaulted his spouse and intimate partner at two different locations, by hitting the victim in the face at a bonfire and physically assaulting her at a residence. Drapeau committed these two assaults at a time when he had three final convictions in Crow Creek Sioux Tribal Court for domestic violence against the same victim.
This case was investigated by the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Drapeau was immediately turned over to the custody of the U.S. Marshals Service.
Florida Man Sentenced in Fraud CaseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Temple Terrace, Florida, man convicted of Conspiracy to Defraud the United States and Aggravated Identity Theft was sentenced on December 29, 2014, by U.S. District Judge Karen E. Schreier.
Jeremy Jamar Blount, age 26, was sentenced to 21 months in prison on the conspiracy charge and 24 months on the identity theft charge, to be served consecutively. Upon release from prison he will be on supervised release for 3 years. Blount was also ordered to make restitution to the Internal Revenue Service (IRS) and the identity theft victims in the amount of $421,116.
Blount and 10 others were indicted on the above charges by a federal grand jury on May 8, 2013. Blount pled guilty on October 6, 2014.
Several of Blount’s co-defendants attended the University of South Dakota in Vermillion and are former members of the football team.Blount was involved in a scheme to defraud the United States by using personal identifying information, including names, Social Security numbers, and dates of birth, of other individuals to file bogus income tax returns showing tax refunds due. The requested refunds totaled approximately $1 million, and the IRS paid fraudulent claims of over $400,000 before the fraud came to light.
As his part in the conspiracy, Blount provided co-conspirators with stolen identities and addresses that were used to receive refunds, knowing that the information was being used in the scheme to receive fraudulent tax refunds in the mail. He also exchanged stolen identities, including names, Social Security numbers, and dates of birth, via text messages with co-conspirators, again knowing that the information was being used in the scheme to receive fraudulent tax refunds in the mail.
This case was investigated by the Vermillion Police Department, the South Dakota Division of Criminal Investigation, and the IRS Criminal Investigation Division. Assistant U.S. Attorney John E. Haak prosecuted the case.
Blount was ordered to surrender to the U.S. Marshals Service by noon on January 20, 2015.
Dupree Man Sentenced for Sexual ContactRead the Press Release
United States Attorney Brendan V. Johnson announced that a Dupree, South Dakota, man convicted of two counts of Sexual Contact by Force and Threat was sentenced on December 22, 2014, by U.S. District Judge Roberto A. Lange.
James Pesicka, a/k/a Pard Pesicka, age 31, was sentenced to 13 years in custody, 5 years of supervised release, and a $200 special assessment to the Federal Crime Victims Fund.
The conviction stems from incidents between July 28, 2008, and February 17, 2012, when Pesicka sexually assaulted a young female victim. Additionally, between March 6, 2012, and May 28, 2013, Pesicka also engaged in sexual contact by fear with another young female victim.
This case was investigated by the Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Mikal Hanson prosecuted the case. Pesicka was immediately turned over to the custody of the U.S. Marshals Service.
Brookings Woman Sentenced for EmbezzlementRead the Press Release
United States Attorney Brendan V. Johnson announced that a Brookings, South Dakota, woman convicted of Theft of Government Funds was sentenced on December 29, 2014, by U.S. District Judge Karen E. Schreier.
Pennie Sue Malenke, age 41, was sentenced to 6 months in custody followed by 3 years of supervised release, including 6 months of home confinement. She was also ordered to make restitution as follows: $32,682.80 to Advance, a non-profit organization, and $4,291.12 to another victim.
Malenke was indicted for Theft of Government Funds, Making a False Statement, and Bank Fraud by a federal grand jury on December 3, 2013. She pled guilty to the Theft charge on October 7, 2014.
Malenke was employed as a case manager and support coordinator by Advance, a non-profit organization located in Brookings that provides services and support to individuals with developmental disabilities. As part of her job responsibilities, Malenke had access to the bank accounts of certain individuals who received program benefit payments administered by the Social Security Administration. Malenke took funds from these accounts by writing checks to cash, withdrawing cash from ATMs, and making direct purchases from stores. She stole approximately $32,682.80 in this manner and used the funds for her own purposes.
This case was investigated by the Social Security Administration – Office of Inspector General. Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.
Malenke was ordered to report to the U.S. Marshals Service by noon on January 21, 2015.