District of South Dakota
Press releases recorded for this federal judicial district.
Porcupine Man Sentenced for Voluntary ManslaughterRead the Press Release
United States Attorney Brendan V. Johnson announced that a Porcupine, South Dakota, man convicted of Voluntary Manslaughter was sentenced on December 17, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Lawrence Red Shirt, age 28, was sentenced to 72 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
The conviction stems from Red Shirt using a sharp object to stab his father at least four times in the upper left arm and shoulder area at Rockyford, South Dakota, on November 8, 2013. The stab wounds inflicted on the victim were fatal.
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 Kathryn N. Rich prosecuted the case.
Red Shirt was immediately turned over to the custody of the U.S. Marshals Service.
Oglala Sioux Tribal Advocate Found Guilty of Conspiracy and Possession with Intent to Distribute CocaineRead the Press Release
United States Attorney Brendan V. Johnson announced that Susan Schrader, age 53, of Pine Ridge, South Dakota, was found guilty of Conspiracy to Distribute and Possession with Intent to Distribute a Controlled Substance following a federal jury trial in Rapid City, South Dakota. The jury returned their verdict on December 18, 2014.
The charge carries a maximum penalty of up to 20 years in custody and/or a $1,000,000 fine, at least 3 years up to life of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
For close to 15 years, Schrader made her living as a leading tribal advocate working in the Oglala Sioux Tribe court system. Schrader was charged with conspiracy and possession with intent to distribute cocaine, primarily on the Pine Ridge Reservation, beginning as early as 2005 and continuing up to May 20, 2014, the date of her Indictment. In addition to evidence showing she was a virtual clearinghouse for the distribution of cocaine in Pine Ridge Village, there was testimony from several witnesses that Schrader would on occasion accept cocaine as payment for her advocacy services.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, the Federal Bureau of Investigation, the Bureau of Indian Affairs Office of Justice Services, the South Dakota Division of Criminal Investigation, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Ted L. McBride prosecuted the case.
A presentence investigation was ordered and a sentencing date was set for March 20, 2015. The defendant was remanded to the custody of the U.S. Marshals Service.
California Man Sentenced for Possession of an Unregistered FirearmRead the Press Release
United States Attorney Brendan V. Johnson announced that a Fontana, California, man convicted of Possession of an Unregistered Firearm was sentenced on December 16, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Gregorio Aguirre, age 26, was sentenced to 24 months in custody, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Aguirre pled guilty to the charge on August 22, 2014. The charge related to Aguirre knowingly being in possession of an unregistered, sawed-off Remington .22 caliber rifle when he was pulled over by the South Dakota Highway Patrol on April 12, 2014.
This case was investigated by the Unified Narcotics Enforcement Team, the South Dakota Highway Patrol, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Aguirre was immediately turned over to the custody of the U.S. Marshals Service.
California Man Sentenced for Possession of an Unregistered FirearmRead the Press Release
United States Attorney Brendan V. Johnson announced that a Fontana, California, man convicted of Possession of an Unregistered Firearm was sentenced on December 16, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Gregorio Aguirre, age 26, was sentenced to 24 months in custody, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Aguirre pled guilty to the charge on August 22, 2014. The charge related to Aguirre knowingly being in possession of an unregistered, sawed-off Remington .22 caliber rifle when he was pulled over by the South Dakota Highway Patrol on April 12, 2014.
This case was investigated by the Unified Narcotics Enforcement Team, the South Dakota Highway Patrol, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Aguirre was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Convicted of Drug ConspiracyRead the Press Release
United States Attorney Brendan V. Johnson announced that Luis Olivares, age 42, of Rapid City, South Dakota, was found guilty of Conspiracy to Distribute Methamphetamine, Possession of Firearms During a Drug Trafficking Crime, Felon and Fugitive in Possession of Firearms, Possession of Methamphetamine with the Intent to Distribute, and Distribution of Methamphetamine. The federal jury returned the guilty verdict on December 10, 2014, at the conclusion of an eight-day jury trial in Rapid City.
The charges carry a 20-year minimum mandatory and up to life in custody and/or a $20,000,000 fine, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. There is a pending motion, filed by the United States, that may result in mandatory life imprisonment.
The conviction stems from Olivares recruiting others to illegally distribute and possess with the intent to distribute 500 grams or more of methamphetamine in South Dakota and elsewhere dating back to 2008. Olivares distributed this substance with his co-conspirators in Rapid City and western South Dakota. Previous felony convictions prohibit Olivares from possessing firearms. However, on more than one occasion, Olivares was in possession of firearms while dealing drugs.
A turning point in the case came when Olivares crashed his vehicle while attempting to elude law enforcement though a high-speed chase. Once he crashed and was apprehended, several packages of methamphetamine were found inside the vehicle.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives, Drug Enforcement Administration, the Unified Narcotics Enforcement Team, the Rapid City Police Department, the Pennington County Sheriff’s Office, and the South Dakota Highway Patrol. Assistant U.S. Attorneys Kathryn N. Rich and Jay Miller prosecuted the case.
A presentence investigation was ordered and a sentencing date will be set. The defendant was remanded to the custody of the U.S. Marshals Service.
Parmelee Man Sentenced for Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that a Parmelee, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on December 15, 2014, by U.S. District Judge Roberto A. Lange.
Franklin Running Horse, age 48, was sentenced to 27 months in custody, 2 years of supervised release, and $100 special assessment to the Federal Crime Victims Fund.
Running Horse was indicted by a federal grand jury on July 15, 2014. He pled guilty on September 24, 2014.
The conviction stems from an incident which happened on April 10, 2014, when Running Horse, who had been drinking with his wife, got into an argument with her. Running Horse pushed the victim down and kicked her with shod feet in her face and posterior.
This case was investigated by the Rosebud Sioux Tribe law Enforcement Services. Assistant U.S. Attorney Tim Maher prosecuted the case.
Running Horse was immediately turned over to the custody of the U.S. Marshals Service.
Nisland Woman Sentenced for FraudRead the Press Release
United States Attorney Brendan V. Johnson announced that a Nisland, South Dakota, woman convicted of Access Device Fraud was sentenced on December 8, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Glenda Suhr, a/k/a Glennda Suhr, a/k/a Glenda Currier, age 59, was sentenced to 18 months in custody, 3 years of supervised release, $54,407 in restitution, and a $100 special assessment to the Federal Crime Victims Fund.
The conviction relates to Suhr fraudulently using the name and social security number of another person to open bank accounts and receive debit and cash cards from two banks, social security benefits, housing assistance, and food stamps, during the timeframe of the late 1980’s through 2013.
This case was investigated by Department of Social Security, Office of the Inspector General. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Suhr was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Sentenced for Possession with Intent to Distribute A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on December 15, 2014, by U.S. District Judge Roberto A. Lange.
Jesse James Beauvais, age 43, was sentenced to 2 months in custody, 2 years of supervised release, a $1,000 fine, and a $100 special assessment to the Federal Crime Victims Fund.
Beauvais was indicted by a federal grand jury on June 10, 2014. He pled guilty on September 22, 2014.
The conviction stems from an incident that occurred between January 5, 2013, and January 11, 2013, when two search warrants were obtained for Beauvais’ residence. Over a kilo of marijuana, $8,447.00 in cash, four firearms, two bullet proof vests, and other drug-related items were seized from the residence.
This case was investigated by the Northern Plains Save Trails Drug Enforcement Task Force. Assistant U.S. Attorney Jay Miller prosecuted the case.
Beauvais was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Charged with Second Degree Murder, Assault and Child AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Second Degree Murder, Assault Resulting in Serious Bodily Injury, and Child Abuse.
Tyler Erickson, Sr., a/k/a TJ Erickson, age 31, was indicted on December 9, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 15, 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, Erickson 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, Erickson abused, exposed, tortured, and cruelly punished two children who had not attained the age of 7 years old.
The charges are merely accusations and Erickson is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Tim Maher is prosecuting the case.
Erickson was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Mission Man Charged with Aggravated Sexual Abuse, Assault and Child AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse, Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and Child Abuse.
Frederick Leo Marshall, age 56, was indicted on December 9, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 15, 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, not less than 5 years of supervised release, and $700 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about October 30, 2014, Marshall knowingly engaged and attempted to engage in a sexual act with a female victim. He also allegedly assaulted the same victim with a sword, which resulted in serious bodily injury. On the same date, Marshall allegedly abused, exposed, tortured, tormented, and cruelly punished four minor victims.
The charges are merely accusations and Marshall 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.
Marshall 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 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 forAssault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and Assault Resulting in Substantial Bodily Injury to an Intimate Partner.
Julius Titus III, age 35, was indicted on December 9, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 11, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 10 years of 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 June 26, 2014, at Eagle Butte, Titus unlawfully assaulted two victims. He is alleged to have assaulted the first victim with shod feet, a door, and a frying pan, causing serious bodily injury to that victim. On the same day, Titus assaulted the second victim, an intimate partner, and the assault resulted in substantial bodily injury to that victim as well.
The charges are merely accusations and Titus 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.
Titus was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
Colorado Man Charged with Possession with Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Brendan V. Johnson announced that a Denver, Colorado, man has been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance.
Brandon Jeraye Trejo, age 22, was indicted on December 9, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 10, 2014, 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, a mandatory 3 years up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about November 14, 2014, Trejo knowingly and intentionally distributed, and possessed with intent to distribute, a detectable amount of methamphetamine, a Schedule II controlled substance.
The charge is merely an accusation and Trejo is presumed innocent until and unless proven guilty.The investigation is being conducted by the South Dakota Highway Patrol and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Trejo remains in custody pending release on bond. A trial date has not been set.
Cherry Creek Man Sentenced for Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that a Cherry Creek, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on December 15, 2014, by U.S. District Judge Roberto A. Lange.
Kelly Romero, age 27, was sentenced to 14 months in custody, 18 months of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Romero was indicted by a federal grand jury on July 17, 2013. He pled guilty on September 22, 2014.
The conviction stems from an incident on May 16, 2013, when the victim returned to his home in Cherry Creek, after a day of shopping for items for his grandmother’s “Memorial Give Away.” At that point, Romero, who had been drinking, got into an argument with the victim, who is Romero’s brother. During the argument, Romero picked up and pointed a sawed-off shotgun at his brother, telling the victim to get out of the house or Romero would shoot him.
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.
Romero was immediately turned over to the custody of the U.S. Marshals Service.
Tea Woman Sentenced in Marijuana Distribution and Money Laundering ConspiraciesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Tea, South Dakota, woman convicted of Conspiracy To Distribute Marijuana and Conspiracy To Commit Money Laundering was sentenced on December 8, 2014, by U.S. District Judge Karen E. Schreier.
Faith Ashely Rasmussen, age 21, was sentenced to 80 months in prison on each count, to run concurrently. Upon release she will be under supervised release for a period of 4 years on the drug charge and 1 year on the money laundering charge, also to run concurrently.
Ramussen was indicted with three others for Conspiracy to Distribute Marijuana and Conspiracy to Commit Money Laundering by a federal grand jury on March 5, 2014. She pled guilty to both offenses on September 2, 2014.
During her involvement in the distribution conspiracy, which ran from approximately January 2012 to December 2013, Rasmussen received marijuana through the mail in South Dakota from her source of supply in California. When the amounts of marijuana became too large to mail, Rasmussen had co-conspirators drive to California and back to South Dakota with large quantities of marijuana.
Rasmussen and others also formed a scheme to launder money. Rasmussen deposited the proceeds of marijuana sales into her bank account in South Dakota. She also deposited sales proceeds into the account of her source of supply, and instructed a co-conspirator to deposit marijuana proceeds into her account. The Defendant never deposited more than $10,000 in cash per occasion to intentionally avoid bank reporting requirements.
This case was investigated by the Sioux Falls Police Department, the Drug Enforcement Administration, and the Internal Revenue Service – Criminal Investigations. Assistant U.S. Attorney John E. Haak prosecuted the case.
Porcupine Man Sentenced for EscapeRead the Press Release
United States Attorney Brendan V. Johnson announced that a Porcupine, South Dakota, man convicted of Escape was sentenced on December 4, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Jesse Miller, age 27, was sentenced to time served and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
A criminal complaint charging the Escape was filed against Miller on July 23, 2014. He pled guilty to the Escape charge on August 21, 2014.
The conviction related to Miller being in Porcupine without permission on July 18, 2014, as he was assigned to home confinement in Rapid City.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
McLaughlin Man Acquitted of Assault ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man was acquitted by a federal jury in Pierre on December 9, 2014, on two counts of Assault with a Dangerous Weapon and one count of Assault Resulting in Serious Bodily Injury.
Justin Walking Elk was indicted by a federal grand jury on April 15, 2014.
The charges stemmed from events which were alleged to have occurred in October 2013.
The investigation was conducted by the Bureau of Indian Affairs, Standing Rock Agency. The U.S. Attorney's Office prosecuted the case.
Eagle Butte Man Sentenced for Assault by Striking, Beating, and WoundingRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man convicted of Assault by Striking, Beating, and Wounding was sentenced on December 8, 2014, by U.S. Magistrate Judge Mark A. Moreno.
Diego Ramon Lara, age 22, was sentenced to 1 year in custody, 1 year of supervised release, and a $25 special assessment to the Federal Crime Victims Fund.
Lara was indicted for Assault with a Dangerous Weapon on August 19, 2014. He pled guilty to Assault by Striking, Beating, and Wounding on November 13, 2014.
The conviction arose from an incident on May 24, 2014, when Lara got into a verbal argument with attendees at a graduation party in Cherry Creek. Lara left the party, but returned to the area later that evening in his pickup. He stopped at an intersection in front of the party attendees, and after exchanging words and gestures with the victim, he put his pickup in gear, hit the accelerator and struck the victim, injuring his leg and ankle.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Lara was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.
Sioux Falls Man Sentenced for Marijuana DistributionRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota, man convicted of Conspiracy to Distribute Marijuana was sentenced on December 8, 2014 by U.S. District Judge Karen E. Schreier.
Wesley Robert Kleinsasser, age 30, was sentenced to 27 months in prison, to be followed by 2 years of supervised release.
Kleinsasser was indicted with three others for Conspiracy to Distribute Marijuana by a federal grand jury on March 5, 2014. He pled guilty to the offense on September 9, 2014.
During his involvement in the conspiracy, Kleinsasser traveled on several occasions from Sioux Falls to California to purchase marijuana. The marijuana was distributed to co-conspirators and others in South Dakota.
This case was investigated by the Sioux Falls Police Department, the Drug Enforcement Administration, and the Internal Revenue Service – Criminal Investigations. Assistant U.S. Attorney John E. Haak prosecuted the case.
South Dakota U.S. Attorney's Office Collects over $3.6 Million in Fiscal Year 2014Read the Press Release
United States Attorney Brendan V. Johnson announced that the U.S. Attorney’s Office in South Dakota collected over $3.6 million in Fiscal Year (FY) 2014 from civil and criminal actions. Of this amount, over $2.3 million was collected in criminal actions and over $729,000 was collected in civil actions.
Additionally, the District of South Dakota worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $625,000 in civil actions that were pursued jointly.
“Our collection figures represent an important component of the work done in the U.S. Attorney’s Office,” said Johnson. “In addition to protecting the public through prosecutions, we also collect money to help the victims of these crimes and recoup losses to the American taxpayer.”
Nationally, Attorney General Eric Holder announced that the Justice Department collected $24.7 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2014. The more than $24 billion in collections in FY 2014 represents nearly eight and a half times the appropriated $2.91 billion budget for the 94 U.S. Attorneys’ offices and the main litigating divisions of the Justice Department combined in that same period.
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights, or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration, and Department of Education.
Rosebud Woman Charged with Concealing Person from ArrestRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, woman has been indicted by a federal grand jury for Concealing Person From Arrest.
Samantha Spotted War Bonnet, age 24, was indicted on November 13, 2014. She appeared before U.S. Magistrate Judge Mark A. Moreno on December 4, 2014, 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 between June 12, 2014, and June 13, 2014, Spotted War Bonnet harbored and concealed a person who had an active warrant for arrest.
The charge is merely an accusation and Spotted War Bonnet is presumed innocent until and unless proven guilty.The investigation is being conducted by the U.S. Marshals Service and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Timothy M. Maher is prosecuting the case.
Spotted War Bonnet was released on bond pending trial. A trial date has not been set.
Rosebud Man Sentenced for Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on December 1, 2014, by U.S. District Judge Roberto A. Lange.
Patrick Black Spotted Horse, age 25, was sentenced to 15 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Black Spotted Horse was indicted for Failure to Register as a Sex Offender by a federal grand jury on August 19, 2014. He pled guilty to the Indictment on September 22, 2014.
Black Spotted Horse had a prior sexual assault conviction in federal court in South Dakota and knew that under the Sex Offender Registration and Notification Act, he needed to properly register and update his registration. On July 12, 2014, Black Spotted Horse absconded from his residence in Rapid City and failed to return. He was apprehended on the Rosebud Sioux Indian Reservation on July 31, 2014, and arrested on outstanding tribal warrants. From the time he absconded from his Rapid City residence until he was apprehended on the Rosebud Reservation, Black Spotted Horse knowingly failed to register and update his registration.
This case was investigated by the U.S. Marshals Service, and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Tim Maher prosecuted the case.
Black Spotted Horse was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.
Rapid City Man Indicted for Assault and BurglaryRead 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 Assault with a Dangerous Weapon and Burglary.
Leroy Wayne Brown Bull Sr., age 24, was indicted on February 19, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on December 1, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 25 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 in November of 2013, Brown Bull and another person broke into a home near Kyle and assaulted a man.
The charges are merely accusations and Brown Bull is presumed innocent until and unless proven guilty.
The investigation was conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.
Brown Bull was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
Canton Man Charged with Transportation of Stolen Property, Wire Fraud, and Money LaunderingRead 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 Interstate Transportation of Stolen Property, Wire Fraud, and Money Laundering.
Kenneth Hunsucker, age 49, was indicted on December 2, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on December 4, 2014, 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. Restitution may also be ordered.
The charges are merely accusations and Hunsucker is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Internal Revenue Service Criminal Investigation, and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case. Hunsucker was released on bond pending trial. A trial date has not been set.
Two McLaughlin Men Charged with Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that two McLaughlin, South Dakota, men have been indicted by a federal grand jury for Assault with a Dangerous Weapon.
Ronald Brown Otter, age 24, and Kenton Walks, age 20, were indicted on November 13, 2014. They both appeared before U.S. Magistrate Judge Mark A. Moreno on November 25, 2014, and both 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 December 1, 2012, Brown Otter and Walks unlawfully assaulted an adult male victim with a wooden board and a knife, with intent to do bodily harm to the victim, and they aided and abetted one another in the commission of said offense.
The charge is merely an accusation and Brown Otter and Walks are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Brown Otter and Walks were released on bond pending trial. A trial date has not been set.
Rapid City Man Charged with Sexual AbuseRead 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 one count of Aggravated Sexual Abuse by Force and one count of Sexual Abuse of a Person Incapable of Consenting.
Ronnie Keith Circle Bear, age 51, was indicted on November 13, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 26, 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, at least 5 years up to life of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on June 23, 2014, at Eagle Butte, Circle Bear caused the victim to engage in a sexual act by the use of force. On that same date, Circle Bear is alleged to have engaged in a sexual act with a person that was incapable of declining, when Circle Bear knew the victim was so incapacitated.
The charges are merely accusations and Bear Eagle 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.
Circle Bear was released on bond pending trial. A trial date has not been set.
North Dakota Man Charged with Robbery and AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Fort Yates, North Dakota, man has been indicted by a federal grand jury for Robbery, Assault with a Dangerous Weapon, Assault of an Intimate Partner by Strangulation, and Assault Resulting in Substantial Bodily Injury to an Intimate Partner.
Alton Wood, age 33, was indicted on November 13, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 24, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 15 years in custody and/or a $250,000 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 August 14, 2014, Wood took an undetermined amount of money from his intimate partner, assaulted her with a screwdriver which resulted in substantial bodily injury, and strangled and suffocated her.
The charges are merely accusations and Wood is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Wood was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
McLaughlin Man Charged with Aggravated Sexual Abuse by ForceRead 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 Aggravated Sexual Abuse by Force.
Marc Dog Eagle, age 49, was indicted on November 13, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 24, 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, up to life of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about October 23, 2014, Dog Eagle knowingly engaged in, and attempted to engage in, a sexual act by the use of force with a female victim.
The charge is merely an accusation and Dog Eagle is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Dog Eagle was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Waubay Man Sentenced to 30 Years for MurderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Waubay, South Dakota, man convicted of Second Degree Murder and Assault Resulting in Serious Bodily Injury was sentenced on November 25, 2014, by U.S. District Judge Lawrence L. Piersol.
Mario Contreras, age 36, was sentenced to 360 months on each count to run concurrently. He was also ordered to be on federal supervised release for a period of 5 years after his release.
Contreras was indicted on the charges by a federal grand jury on August 14, 2012. A jury trial was held on August 1, 2013, and Contreras was convicted of Second Degree Murder and Assault Resulting in Serious Bodily Injury.
The victim was born on December 31, 2009, and was murdered by her father on January 9, 2012, just days after she turned 2 years old. The victim’s mother and father were never married and were no longer close. The defendant was not very involved in the victims’ first year and a half of her life. On January 4, 2012, the victim’s mother asked Contreras if he could watch their daughter for a few days. Contreras had custody of the victim from January 4th through January 9th, the date of death.
Contreras told investigators that on January 9th his daughter was having a cup of water and a banana and he left the room. He said that is when she fell off the chair and sustained the injuries that cased her death.
The Assistant Medical Examiner of Ramsey County, Minnesota, who performed the autopsy, discovered 18 round bluish-colored contusions on four sides of the victim’s head, indicative of blunt force trauma. He concluded that the multiple contusions and resulting subdural hematoma could not have been caused by a single fall from a chair and that the cause of death was a homicide. Another government expert on child abuse also concluded that the injuries were inconsistent with falling from a chair or table. An additional expert for the government determined that there were small hemorrhages to the retinas and concluded that the child was beaten. Two government experts testified that the chances of such a short fall causing death were “one in a million.”
This case was investigated by the Federal Bureau of Investigation, the Sisseton-Wahpeton Tribal Law Enforcement Services, and the Bureau of Indian Affairs. The case was prosecuted by Assistant U.S. Attorneys Thomas J. Wright and Jay P. Miller.
The defendant was remanded to the custody of the U.S. Marshals Service.
Oglala Woman Sentenced for Involuntary ManslaughterRead the Press Release
United States Attorney Brendan V. Johnson announced that an Oglala, South Dakota, woman convicted of Involuntary Manslaughter was sentenced on November 25, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Valerie Good Voice Flute, age 37, was sentenced to 30 months in custody, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Good Voice Flute was indicted for Involuntary Manslaughter by a federal grand jury on August 27, 2013. She pled guilty to the charge on July 10, 2014.
The conviction stems from Good Voice Flute operating and crashing a motor vehicle while under the influence on May 19, 2013, near Loneman. The crash resulted in the death of Gillard Good Voice Flute.
This case was investigated by the Federal Bureau of Investigation, 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.
Good Voice Flute was immediately turned over to the custody of the U.S. Marshals Service.
Two Mission Men Charged with Third Degree Burglary and LarcenyRead the Press Release
United States Attorney Brendan V. Johnson announced that two Mission, South Dakota, men have been indicted by a federal grand jury for two counts of Third Degree Burglary and two counts of Larceny.
Preston White Feather and Nicola Black Lance, both 18 years old, were indicted on November 13, 2014. They appeared before U.S. Magistrate Judge Mark A. Moreno on November 20, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 10 years in custody and/or a $2,000,000 fine, at least 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
White Feather and Black Lance are alleged to have entered or remained in a Todd County government building on August 20, 2014, to steal property with a value of more than $1,000. They are also alleged to have committed a second burglary and larceny on August 24, 2014, by entering or remaining in the same Todd County government building and stealing more property with a value of more than $1,000.
The charges are merely accusations and White Feather and Black Lance are 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.
White Feather and Black Lance were remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
Two Mission Men Charged with Third Degree Burglary and LarcenyRead the Press Release
United States Attorney Brendan V. Johnson announced that two Mission, South Dakota, men have been indicted by a federal grand jury for two counts of Third Degree Burglary and two counts of Larceny.
Preston White Feather and Nicola Black Lance, both 18 years old, were indicted on November 13, 2014. They appeared before U.S. Magistrate Judge Mark A. Moreno on November 20, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 10 years in custody and/or a $2,000,000 fine, at least 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
White Feather and Black Lance are alleged to have entered or remained in a Todd County government building on August 20, 2014, to steal property with a value of more than $1,000. They are also alleged to have committed a second burglary and larceny on August 24, 2014, by entering or remaining in the same Todd County government building and stealing more property with a value of more than $1,000.
The charges are merely accusations and White Feather and Black Lance are 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.
White Feather and Black Lance were remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
Rosebud Man Sentenced for Abusive Sexual ContactRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man convicted of Abusive Sexual Contact was sentenced on November 18, 2014, by U.S. District Judge Roberto A. Lange.
Francis Kills In Sight, age 20, was sentenced to 37 months in custody, 8 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Kills In Sight was indicted by a federal grand jury on October 16, 2012, for Aggravated Sexual Abuse. He pled guilty to Abusive Sexual Contact on March 31, 2014.
The conviction stems from an incident that occurred in Rosebud on September 13, 2012, when Kills In Sight engaged in sexual contact with a child who had not reached the age of 12 years old.
The investigation was conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Tim Maher.Kills In Sight was remanded to the custody of the U.S. Marshals Service to begin serving his sentence.
Eagle Butte Man Charged with Assault and Victim TamperingRead 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 Substantial Bodily Injury to an Intimate Partner, Assault with a Dangerous Weapon, and Victim Tampering.
Sydney Gilbert Garreau, age 36, was indicted on November 13, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 21, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and up to $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about September 20, 2014, Garreau assaulted his intimate and dating partner with a dangerous weapon, which resulted in substantial bodily injury. He also knowingly intimidated, threatened, and corruptly persuaded his partner by threatening her with bodily injury or death if she reported the assault to law enforcement officials.
The charges are merely accusations and Garreau 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 Meghan N. Dilges is prosecuting the case.
Garreau was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Scheme to Harbor Illegal Aliens Results in SettlementsRead the Press Release
United States Attorney Brendan V. Johnson announced that civil settlements have been reached with five individuals from Rapid City, South Dakota, who submitted false claims to the United States Forest Service (USFS). The scheme involved employing and harboring illegal aliens from 2007 to 2012, a violation of the contracts awarded to remove timber in the Black Hills of South Dakota.
The False Claims Act (FCA) imposes liability on persons and companies who knowingly submit false claims to the government or causes another to submit a false claim to the government, or knowingly makes a false record or statement to get a benefit paid by the government. Persons who submit a false claim must pay to the United States a civil penalty of not less than $5,500 and not more than $11,000 for each false claim, plus three times the amount of damages which the government sustained.
Angel Munoz-Escalante and Barbara Munoz, d/b/a Munoz Logging and Construction Company; Rogelio Escalante Sr., d/b/a Escalante Logging and Services; Rogelio Escalante Jr., d/b/a Escalante Logging and Thinning Company; and Raul Munoz, d/b/a R Munoz Thinning, were awarded numerous USFS service contracts to thin unhealthy stands of timber in the Black Hills National Forest for the general purpose of protecting the national forest resources. The USFS service contracts stated, in part, that the Immigration and Nationality Act (INA), 8 U.S.C. § 1324a, makes it “unlawful for an employer to hire unauthorized aliens,” instructs contractors to have employees verify eligibility for employment, examine and retain documents used for verifying eligibility, and makes compliance with INA a material condition of the USFS contracts. These individuals submitted contract invoices for payment with certifications which contained material false statements that the work was done in accordance with contract terms. The work was not performed in accordance with contract terms, because they knowingly employed undocumented aliens and submitted false statements.
As a result of criminal investigations conducted by the U.S. Immigration and Customs Enforcement's Homeland Security Investigations, in cooperation with the U.S. Forest Service, Rapid City Police Department, Pennington County Sheriff’s Office, South Dakota Division of Criminal Investigation, Custer County’s Sheriff’s Office, U.S. Department of Labor, and other federal and state law enforcement agencies, and the subsequent criminal convictions for the same conduct, the United States was able to reach civil settlements with these individuals for these contract violations under the FCA.
For submitting false claims to the USFS, these individuals have given the United States consent judgments and agreed to make payments over a period of years as follows:- Rogelio Escalante Sr., a total of $50,000 on or before August 1, 2015
- Angel and Barbara Munoz, a total of $375,000 by November 3, 2017
- Rogelio Escalante Jr., a total of $15,000 by September 2, 2019
- Raul Munoz, a total of $15,000 by September 2, 2019
A civil FCA complaint has been filed against two additional individuals who were also convicted, and have been sentenced for their roles in the conspiracy to harbor aliens and for false claims in connection with the USFS contracts.
The U.S. Attorney’s Office places a high priority on criminal and civil enforcement in cases involving all types of fraud committed against the government. Assistant U.S. Attorneys Eric Kelderman and Sarah Collins, and Assistant U.S. Attorney Cheryl Schrempp DuPris prosecuted the criminal and civil cases respectively.
Rapid City Man Charged with Failure to Register as A Sex OffenderRead 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 Failure to Register as a Sex Offender.
David Eagle Bear, age 31, was indicted on November 13, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 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, at least 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Eagle Bear was previously convicted of a sex offense that required him to register as a sex offender, and he signed paperwork acknowledging that requirement. The Indictment alleges that between August 4, 2014, and October 19, 2014, Eagle Bear moved and failed to change and update his sex offender registration as required by law.The charge is merely an accusation and Bear Eagle 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.
Eagle Bear was remanded to the custody of the U.S. Marshals Service pending trial. No trial date has been set.
Mission Man Sentenced for Assaulting A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of Assaulting, Resisting, Opposing, and Impeding a Federal Officer was sentenced on November 17, 2014, by U.S. District Judge Roberto A. Lange.
Logan Lafferty, age 28, was sentenced to time served, 18 months of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Lafferty was indicted by a federal grand jury on April 22, 2014, and pled guilty to the charge on August 28, 2014.
The conviction arose from a March 8, 2014, incident when a Rosebud Sioux Tribe Law Enforcement Services (RSTLES) Officer attempted to stop Lafferty’s vehicle for speeding. Lafferty refused to stop, resulting in a long pursuit that included speeds of over 110 miles per hour and involved several RSTLES Officers. When one of the officers attempted to pull alongside Lafferty to stop his vehicle, Lafferty swerved into the officer’s path and obstructed the officer from passing him safely. Lafferty used his vehicle as a dangerous weapon to assault, resist, oppose, and impede the officer.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Tim Maher.
Mission Man Sentenced for Assaulting A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of Assaulting, Resisting, Opposing, and Impeding a Federal Officer was sentenced on November 17, 2014, by U.S. District Judge Roberto A. Lange.
Logan Lafferty, age 28, was sentenced to time served, 18 months of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Lafferty was indicted by a federal grand jury on April 22, 2014, and pled guilty to the charge on August 28, 2014.
The conviction arose from a March 8, 2014, incident when a Rosebud Sioux Tribe Law Enforcement Services (RSTLES) Officer attempted to stop Lafferty’s vehicle for speeding. Lafferty refused to stop, resulting in a long pursuit that included speeds of over 110 miles per hour and involved several RSTLES Officers. When one of the officers attempted to pull alongside Lafferty to stop his vehicle, Lafferty swerved into the officer’s path and obstructed the officer from passing him safely. Lafferty used his vehicle as a dangerous weapon to assault, resist, oppose, and impede the officer.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Tim Maher.
Mission Man Pleads Guilty to Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that Vernon Robert Schmidt, Jr., a/k/a Sonny Bob Schmidt, age 29, of Mission, South Dakota, appeared before U.S. District Judge Roberto A. Lange on November 17, 2014, and pled guilty to Assault Resulting in Serious Bodily Injury.
The maximum penalty upon conviction is 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and a $100 assessment to the Federal Crime Victims Fund.
The charge stems from a May 26, 2014, incident in Mission, when Schmidt pointed a pistol at the victim during an argument. Schmidt was brandishing the weapon when it discharged and went off. A slug from the weapon hit the victim in the chest and neck area, causing the victim serious bodily injury.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant U.S. Attorney Tim Maher.
A presentence investigation was ordered, and a sentencing date was set for February 2, 2015.
Schmidt was remanded to the custody of the U.S. Marshals Service pending sentencing.
Lower Brule Man Sentenced for Sexual Abuse of A MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota, man convicted of Sexual Abuse of a Minor was sentenced on November 17, 2014, by U.S. District Judge Roberto A. Lange.
Daniel Berry, age 25, was sentenced to 22 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Berry also needs to register as a sex offender.
Berry was indicted by a federal grand jury on April 15, 2014. He pled guilty on September 11, 2014.
The conviction stems from an incident that happened between January 1, 2012, and January 31, 2012, when Berry, who was having a party at his house, had sexual intercourse with an underage female victim.
This case was investigated by the Bureau of Indian Affair, Lower Brule Agency. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Berry was immediately turned over to the custody of the U.S. Marshals Service.
Lower Brule Man Charged with Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Johnny Lunderman, age 31, was indicted on November 13, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 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, at least 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Lunderman was previously convicted of a sex offense that required him to register as a sex offender, and he signed paperwork acknowledging that requirement. The Indictment alleges that between October 7, 2014, and October 17, 2014, Lunderman moved and failed to change and update his sex offender registration as required by law.
The charge is merely an accusation and Lunderman 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.
Lunderman was remanded to the custody of the U.S. Marshals Service pending trial. No trial date has been set.
Lower Brule Man Charged with AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for Assault by Strangulation and Suffocation, and Assault Resulting in Substantial Bodily Injury to an Intimate Partner.
Cameron LaRoche, age 37, was indicted on November 13, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 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 up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about August 21, 2014, LaRoche unlawfully assaulted his intimate partner by strangling and suffocating her, as well as committed a domestic assault on her, which resulted in substantial bodily injury.
The charges are merely accusations and LaRoche 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.
LaRoche 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 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.
Arvin Red Bear, Sr., age 52, was indicted on November 13, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 20, 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 a $200 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about June 29, 2014, Red Bear unlawfully assaulted a male victim with a dangerous weapon, and said assault resulted in serious bodily injury.
The charges are merely accusations and Red Bear 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 Troy R. Morley is prosecuting the case.
Red Bear was released on bond pending trial. A trial date has not been set.
Rapid City Man Sentenced for Killing A ChildRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of Second Degree Murder was sentenced on November 17, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Michael Dean Dubray, age 32, was sentenced to 30 years and 5 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 an incident that occurred at a home near Oglala, on May 30, 2013, when the woman Dubray was seeing at the time left her three children under his care and custody while she ran errands. Dubray became irritated while watching the children, and threw the infant to the ground and struck him in the head multiple times, causing a skull fracture, brain hemorrhages, and laceration of the liver, all of which ultimately led to the child’s death.
This case was investigated by the Oglala Sioux Tribe Department of Public Safety, and the Bureau of Indian Affairs, Office of Justice Services. Assistant U.S. Attorney Sarah Collins prosecuted the case.
Dubray was turned over to the custody of the U.S. Marshals Service.
Wetlands Determination in Miner County Upheld in District CourtRead the Press Release
United States Attorney Brendan V. Johnson announced that a 2011 wetlands determination made by the United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS) was affirmed by U.S. District Judge Karen E. Schreier on October 31, 2014.
In 1985, Congress enacted what are commonly referred to as “Swampbuster” provisions in order to combat the disappearance of wetlands through their conversions into crop lands. The Swampbuster provisions do not make the conversion of wetlands illegal, but provide that agricultural production on a converted wetland would cause a farmer to forfeit eligibility for a number of federal farm-assistance programs.
Under Swampbuster provisions, the NRCS, an agency within the USDA, is charged with determining and certifying wetlands. In order for a site to be classified as a wetland, the NRCS must establish that three criteria have been met: (1) that the land has a predominance of hydric soils; (2) the presence of wetland hydrology (defined as sufficient surface water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophyic vegetation); and (3) that under normal circumstances the land supports a prevalence of hydrophyic vegetation.
In 2013, Arlen and Cindy Foster from Miner County, South Dakota, sued the USDA seeking to overturn a 2011 wetlands determination by the NRCS. The wetland status had been appealed to the National Appeals Division, an agency independent from the USDA, which affirmed the NRCS determination in 2012. The Fosters then filed a lawsuit in District Court challenging the basis for the NRCS's determination of the wetland status as being arbitrary, capricious, or otherwise not in accordance with the law.
The NRCS determined that 0.8 acres of the Fosters’ property was a wetland. The Fosters challenged the NRCS’s use of aerial photography and a wetlands reference site, but the District Court concluded that the NRCS properly followed their established wetlands determination procedures and criteria. Ultimately, the Court held that the agency made a rational connection between the facts and the wetland determination made, and thus, the NRCS did not act arbitrarily or capriciously.
The agency determination was defended by Assistant U.S. Attorney Cheryl Schrempp DuPris and the USDA, Office of the General Counsel.
McLaughlin Woman Charged with Assault Resulting in Serious Bodily Injury to A ChildRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, woman has been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury to a Child.
Makayla Kills In Water, age 20, was indicted on October 15, 2014. She appeared before U.S. Magistrate Judge William D. Gerdes on November 6, 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 $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about September 20, 2014, Kills In Water unlawfully assaulted a child who had not attained the age of 18 years old, and said assault resulted in serious bodily injury.
The charge is merely an accusation and Kills In Water is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Kills In Water was released on bond. A trial date has been set for December 2, 2014.
Lantry Man Sentenced for Simple Assault of A MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lantry, South Dakota, man convicted of Simple Assault of a Minor, was sentenced on November 12, 2014, by U.S. Magistrate Judge Mark A. Moreno.
Robert Smith, age 53, was sentenced to 3 months in custody, 1 year of supervised release, and a $25 special assessment to the Federal Crime Victims Fund.
Smith was indicted for Sexual Contact with a Minor by a federal grand jury on September 17, 2013. He pled guilty to Simple Assault of a Minor on September 2, 2014.
The conviction arose from an incident that occurred between May 30 and July 27, 2012, near Lantry, when the victim, a minor between the ages of 12 and 16 years old, was at Smith’s home. At the time, Smith engaged in intentional, offensive touching of the victim and committed a simple assault on the victim.
This case was investigated by the Federal Bureau of Investigation, the South Dakota Department of Social Services, and the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Smith was ordered to report to the U.S. Marshals Service on January 2, 2015, to begin serving his sentence.
Fort Thompson Man Charged with Assaulting, Resisting and Impeding A Federal OfficerRead 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 Assaulting, Resisting and Impeding a Federal Officer.
Tony O. St. John, a/k/a Anthony St. John, age 25, was indicted on October 15, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 10, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and up to $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about September 30, 2014, St. John forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with officers from the Bureau of Indian Affairs, Crow Creek Agency, when the officers were engaged in the performance of their official duties and employed as federal law enforcement officers with the Department of Interior.
The charges are merely accusations and St. John is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
St. John was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for January 6, 2015.
Wisconsin Man Sentenced for Sex TraffickingRead the Press Release
United States Attorney Brendan V. Johnson announced that a Milwaukee, Wisconsin, man convicted of Transportation for Prostitution was sentenced on November 3, 2014, by U.S. District Judge Karen E. Schreier.
Thomas Alexander Roberts, age 34, was sentenced to 63 months in custody, to be followed by five years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Roberts was also ordered to forfeit four cell phones, a laptop computer, and $1,100 in cash seized when he was arrested.
Roberts was indicted for Transportation for Prostitution, Inducing Travel to Engage in Prostitution, and Sex Trafficking by a federal grand jury on December 3, 2013. He pled guilty on August 14, 2014, to the charge of Transportation for Prostitution.
In November of 2013, Roberts transported an adult female from Milwaukee, Wisconsin, to Sioux Falls, with the intention of having the female engage in prostitution. After arriving in Sioux Falls, Roberts rented a hotel room and placed advertisements containing sexually suggestive photographs of females on Backpage.com. As a result of those advertisements, the female engaged in commercial sex acts in the Sioux Falls area. Roberts physically abused the woman, and had a criminal history of dealing drugs and abusing a child.
This case was investigated by the Sioux Falls Police Department and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Roberts was immediately turned over to the custody of the U.S. Marshals Service.
Wakpala Man Sentenced for Sexual Abuse of A MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that a Wakpala, South Dakota, man convicted of Sexual Abuse of a Minor was sentenced on November 3, 2014, by U.S. District Judge Charles B. Kornmann.
Fabian Rodriguez, age 23, was sentenced to 30 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Rodriguez was indicted by a federal grand jury on March 18, 2014. He pled guilty on July 28, 2014.
The conviction stems from an incident occurring between January 21, 2014, and February 21, 2014, when Rodriguez knowingly engaged in a sexual act with a female victim who was at least four years younger than Rodriguez and had not yet attained the age of 16 years.
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Rodriguez was immediately turned over to the custody of the U.S. Marshals Service.
Wakpala Man Sentenced for Sexual Abuse of A MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that a Wakpala, South Dakota, man convicted of Sexual Abuse of a Minor was sentenced on November 3, 2014, by U.S. District Judge Charles B. Kornmann.
Fabian Rodriguez, age 23, was sentenced to 30 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Rodriguez was indicted by a federal grand jury on March 18, 2014. He pled guilty on July 28, 2014.
The conviction stems from an incident occurring between January 21, 2014, and February 21, 2014, when Rodriguez knowingly engaged in a sexual act with a female victim who was at least four years younger than Rodriguez and had not yet attained the age of 16 years.
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case. Rodriguez was immediately turned over to the custody of the U.S. Marshals Service.