District of South Dakota
Press releases recorded for this federal judicial district.
Wakpala Man Sentenced for Felon in Possession of A FirearmRead the Press Release
United States Attorney Brendan V. Johnson announced that a Wakpala, South Dakota, man convicted of being a Felon in Possession of a Firearm was sentenced on November 3, 2014, by U.S. District Judge Charles B. Kornmann.
Ronald Moran, age 37, was sentenced to 3 years of probation, 8 months of home confinement, 40 hours of community service, and a $100 special assessment to the Federal Crime Victims Fund.
Moran was indicted by a federal grand jury on May 13, 2014. He pled guilty on August 4, 2014.
The conviction stems from an incident on January 9, 2014, when a Corson County deputy advised Bureau of Indian Affair (BIA) officers that there was a vehicle pursuit in progress. The pursuit began in Mobridge and was headed towards the Standing Rock Indian Reservation. The vehicle, traveling at a speed of at least 90 mph, crossed over to the reservation and came to a stop in the driveway of a private residence in Wakpala. Upon stopping the vehicle, law enforcement conducted a felony traffic stop, made contact with the driver, who identified himself as Ronald Moran, Sr., and informed the officers that the reason he fled was because he thought he had a warrant in Brown County for a bad check. Moran further admitted to not stopping for a red light, running two stop signs, and stated he had exceeded 65 or 70 mph during his flight from law enforcement. The officers noticed a shotgun and a rifle strapped to the headliner of the vehicle. It was ultimately determined that the firearms belonged to Moran’s boss, but because Moran was a convicted felon, he was prohibited from having firearms in his possession. Moran admitted he knew the firearms were in the vehicle and that he could not be around firearms due to his felony conviction.
This case was investigated by the BIA, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Sioux Falls Man Charged with Fraud and Money LaunderingRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Wire Fraud and Money Laundering.
Randall William McKee, age 57, was indicted on November 4, 2014, for 14 counts of Wire Fraud and 9 counts of Money Laundering. He appeared before U.S. Magistrate Judge Veronica L. Duffy on November 6, 2014, and pled not guilty to the Indictment.
The wire fraud counts have a maximum penalty upon conviction of up to 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. The money laundering counts have a maximum penalty upon conviction of up to 20 years in custody and/or a $500,000 fine or twice the value of the property involved in the transactions (whichever is greater), 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered on all counts.
McKee served as trustee for a fund set up to provide for the needs of a disabled person. He is alleged to have written checks from that fund to a business he controlled, and then moved those funds to his own personal bank accounts. McKee is also alleged to have defrauded investors in a real estate scheme by soliciting investment funds and then using those funds for his own purposes. The activity occurred while McKee was a resident of Rapid City, South Dakota.
The charges are merely accusations and McKee is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Ann M. Hoffman is prosecuting the case.
McKee was released on bond pending trial. A trial date has been set for January 13, 2015.
Rapid City Man Indicted on Child Pornography 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 Distribution of Child Pornography and Possession of Child Pornography.
Gary Asmus, age 41, was indicted on October 21, 2014. He appeared before U.S. Magistrate Judge Veronica Duffy on November 5, 2014, and pleaded 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, lifetime supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment charges that between December 2013 and March 2014, at Rapid City, Asmus knowingly distributed and possessed computers files containing images of child pornography.
The charges are merely accusations and Asmus 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. Attorney Sarah B. Collins is prosecuting the case.
Asmus was released pending trial. A trial date has not been set.
Pierre Woman Charged with Theft, Misuse of Benefits and False StatementRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pierre, South Dakota, woman has been indicted by a federal grand jury for Theft of Government Funds, Misuse of Benefits by a Representative Payee, and False Statement.
Bobbie Jo Ziegler, a/k/a Bobbie Jo McGhee, age 41, was indicted by a federal grand jury on October 15, 2014. She appeared before U.S. Magistrate Judge Mark A. Moreno on October 28, 2014, 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 a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges stem from an allegation that between November 2012 and March 2013, in Hughes County, Ziegler embezzled, stole, purloined or knowingly converted to her own use Title II funds from the Social Security Administration to which she was not entitled. Ziegler is also alleged to have made materially false, fictitious, and fraudulent statements and representations in an application to become a benefit payee for the victim.
The charges are merely an accusation and Ziegler is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Office of the Inspector General for the Social Security Administration. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Ziegler was released on bond pending trial. A trial date has not been set.
Oglala Man Pleads Not Guilty to Aggravated Sexual AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that an Oglala, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse.
Darrell Chase In Winter, Jr., age 22, was indicted on June 17, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on November 5, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is life imprisonment and/or a $250,000 fine, lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge stems from Chase In Winter knowingly engaging in a sexual act with a young female in May 2014 at Oglala.
The charge is merely an accusation and Chase In Winter is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.
Chase In Winter was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for January 13, 2015.
Mission Man Sentenced for Criminal ContemptRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of Criminal Contempt was sentenced on October 28, 2014, by U.S. District Judge Roberto A. Lange.
Michael Swalley, age 22, was sentenced to 5 days in custody with credit for time served, and a $10 special assessment to the Federal Crime Victims Fund.
Swalley was indicted for Criminal Contempt by a federal grand jury on July 15, 2014. He pled guilty to the Indictment on July 22, 2014.
The conviction stems from an incident on July 15, 2014, when Swalley failed to comply with a command and subpoena issued by the United States District Court requiring him to appear at a court hearing.
T his case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Tim Maher prosecuted the case.
Swalley was released from custody.
Hermosa Man Convicted of Filing False Claims to Receive Grant MoneyRead the Press Release
United States Attorney Brendan V. Johnson announced that Scott Thompson, age 49, of Hermosa, South Dakota, was found guilty of two counts of False Claims, two counts of False Document Submitted to a Department or Agency of the United States, two counts of Fraud by Wire, and one count of Receiving Stolen Government Money as a result of a federal jury trial in Rapid City, South Dakota. The verdict was returned on October 30, 2014.
The charge of Fraud by Wire carries a maximum penalty of 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Each charge of False Claims, False Document Submitted to a Department or Agency of the United States, and Receiving Stolen Government Money carry a maximum penalty of 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
The conviction stems from Thompson falsifying information on multiple grant applications between June 2009 and January 2010, in order to obtain $100,000 in award money from the National Science Foundation.
This case was investigated by the National Science Foundation Office of Inspector General. Assistant U.S. Attorneys Sarah Collins and Eric Kelderman prosecuted the case.
A presentence investigation was ordered and a sentencing date was set for February 2, 2015.
Fort Thompson Man Sentenced for Domestic Assault by A Habitual OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Fort Thompson, South Dakota, man convicted of Domestic Assault by a Habitual Offender was sentenced on November 3, 2014, by U.S. District Judge Roberto A. Lange.
Gary Walking Bull, age 37, was sentenced to 30 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Walking Bull was indicted by a federal grand jury on April 22, 2014. He pled guilty on July 14, 2014.
The conviction stems from an incident on March 21, 2014, when Walking Bull and the victim were at Walking Bull’s grandmother’s house in Fort Thompson. While inside the house, Walking Bull assaulted the victim by punching her in the face and body. She was treated at the Chamberlain hospital, where it was determined she had an orbital fracture and three fractures to her nose that would require surgery to repair. At the time of this assault, Walking Bull had two prior convictions for Domestic Abuse in Crow Creek Sioux Tribal Court.
This case was investigated by Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Walking Bull was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for Aggravated Sexual Abuse of A ChildRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man convicted of Aggravated Sexual Abuse of a Child was sentenced on November 3, 2014, by U.S. District Judge Roberto A. Lange.
Frank Duane Baker, Jr., age 42, was sentenced to 132 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Baker was indicted for several counts of Aggravated Sexual Abuse by a federal grand jury on May 13, 2014. He pled guilty on July 14, 2014, to one count of Aggravated Sexual Abuse of a Child.
The conviction stems from incidents between June 1, 1995, and August 31, 1996, when Baker, who was providing babysitting services, sexually assaulted a female child who was under the age of 12 years old.
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.
Baker was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.
Eagle Butte Man Charged with Sexual Abuse of A MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for two counts of Sexual Abuse of a Minor.
Randall Little Shield, age 22, was indicted by a federal grand jury on October 15, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 28, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 15 years in custody and/or a $250,000 fine, at least 5 years up to life of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge stems from an allegation that on two separate occasions, one in June 2014, and one between August 31 and September 1, 2014, Little Shield engaged in a sexual act with a minor who was between the ages of 12 and 16. Both incidents occurred in Eagle Butte.
The charges are merely an accusation and Little Shield 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.
Little Shield was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
Eagle Butte Man Charged with Assault with A Dangerous Weapon and Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Randall Bear Eagle, age 30, was indicted on October 15, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 4, 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 July 5, 2014, Bear Eagle unlawfully assaulted a male victim with dangerous weapons, that is a tire iron, a knife, a frying pan, and a CD player, which resulted in serious bodily injury to the victim.
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.
Bear Eagle was remanded to the custody of the U.S. Marshals Service pending trial which has been set for December 16, 2014.
Bullhead Man Sentenced for Abusive Sexual ContactRead the Press Release
United States Attorney Brendan V. Johnson announced that a Bullhead, South Dakota, man convicted of Abusive Sexual Contact was sentenced on November 3, 2014, by U.S. District Judge Charles B. Kornmann.
Cody Long Chase, age 37, was sentenced to 36 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Long Chase was indicted by a federal grand jury on May 13, 2014. He pled guilty on July 28, 2014.
The conviction stems from an incident on April 26, 2014, when Long Chase had sexual contact with a female victim when, at the time of the sexual contact, the victim was incapable of appraising the nature of the conduct and was physically incapable of declining participation in or communicating her unwillingness.
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.
Long Chase was immediately turned over to the custody of the U.S. Marshals Service.
Bullhead Man Sentenced for Abusive Sexual ContactRead the Press Release
United States Attorney Brendan V. Johnson announced that a Bullhead, South Dakota, man convicted of Abusive Sexual Contact was sentenced on November 3, 2014, by U.S. District Judge Charles B. Kornmann.
Cody Long Chase, age 37, was sentenced to 36 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Long Chase was indicted by a federal grand jury on May 13, 2014. He pled guilty on July 28, 2014.
The conviction stems from an incident on April 26, 2014, when Long Chase had sexual contact with a female victim who, at the time of the sexual contact, was incapable of appraising the nature of the conduct and was physically incapable of declining participation in or communicating her unwillingness.
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.
Long Chase was immediately turned over to the custody of the U.S. Marshals Service.
Winner Woman Sentenced for Possession with Intent to Distribute A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that a Winner, South Dakota, woman convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on October 27, 2014, by U.S. District Judge Roberto A. Lange.
Alice Blacksmith, age 49, was sentenced to 18 months in custody; 3 years of supervised release; forfeiture of currency, a firearm, and ammunition; and a $100 special assessment to the Federal Crime Victims Fund.
Blacksmith was indicted for two counts of Distribution of a Controlled Substance and one count of Possession with Intent to Distribute a Controlled Substance by a federal grand jury on April 15, 2014. She pled guilty to one count of Possession with Intent to Distribute a Controlled Substance on July 31, 2014.
The conviction arose from an incident on March 20, 2014, at Winner when Blacksmith knowingly and intentionally possessed with intent to distribute methamphetamine, a Schedule II controlled substance.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Jay Miller prosecuted the case.
Blacksmith was immediately turned over to the custody of the U.S. Marshals Service to begin serving her sentence.
St. Francis Man Sentenced to Two Life Sentences for First Degree MurderRead the Press Release
United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota, man convicted of two counts of First Degree Murder was sentenced on October 27, 2014, by U.S. District Judge Roberto A. Lange.
BillyRay McCloskey, age 23, was sentenced to two terms of life imprisonment, and a $200 special assessment to the Federal Crime Victims Fund.
BillyRay McCloskey was indicted 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 by a federal grand jury on February 12, 2014. He pled guilty to two counts of First Degree Murder on July 28, 2014.
Co-Defendant Riley McCloskey, who was convicted of two counts of Second Degree Murder, was also sentenced on October 27, 2014, by U.S. District Judge Roberto A. Lange.
Riley McCloskey, age 21 from St. Francis, was sentenced to 210 months in custody, 5 years of supervised release, and a $200 special assessment to the Federal Crime Victims Fund.
Riley McCloskey was indicted 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 by a federal grand jury on February 12, 2014. He pled guilty to two counts of Second Degree Murder on July 29, 2014.
Co-Defendant Crystal Red Hawk, age 37, also appeared before U.S. District Judge Roberto A. Lange on October 27, 2014, and pled guilty to two counts of Second Degree Murder. The maximum penalty for each charge carries a maximum sentence of up to life in prison and/or a $250,000 fine, and a period of supervised release of up to 5 years. Red Hawk’s sentencing is scheduled for January 20, 2015, at 1:00 pm.
In the late evening hours of December 23, 2013, Defendant BillyRay McCloskey and Calvin Kills In Water physically fought each other at a home in St. Francis. The Defendant knocked Kills In Water to the kitchen floor and kicked him repeatedly in the head, face, and body until Kills In Water lost consciousness. A co-Defendant, Crystal Red Hawk, was present during the assault on Kills In Water. An additional co-Defendant, 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 Defendant, along with co-Defendant’s Crystal Red Hawk and Riley McCloskey, 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.
The Defendant and co-Defendant 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 devised by the Defendant and co-Defendants 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 within 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 Defendant and co-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.
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 force of blunt force trauma to the head.
Several days later, law enforcement authorities apprehended Defendant 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.
This case was investigated by the FBI and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Tim Maher prosecuted the case.
BillyRay McCloskey, Riley McCloskey, and Crystal Red Hawk were immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on October 28, 2014, by U.S. District Judge Roberto A. Lange.
Jeffrey Jandreau, age 36, was sentenced to 10 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Jandreau was indicted by a federal grand jury on July 15, 2014. He pled guilty on August 14, 2014.
The conviction stems from Jandreau failing to register as a sex offender, as required by federal law, after absconding from a halfway house. Jandreau’s whereabouts were unknown from June 25, 2014, until July 1, 2014, when he was located by the U.S. Marshals Service on his family’s rural ranch. Jandreau was previously convicted in 2010 of a sex offense in federal court which requires him to register as a sex offender.
This case was investigated by U.S. Marshals Service. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Jandreau was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Indicted on Child Pornography 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 Distribution of Child Pornography and Possession of Child Pornography.
Nicholas Adam Jensen, age 24, was indicted on September 23, 2014. He appeared before U.S. Magistrate Judge Veronica Duffy on October 14, 2014, 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 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment charges that between March 2013 and April 2013, at Rapid City, Jensen knowingly distributed and possessed computer files containing images of child pornography.
The charges are merely accusations and Jensen 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. Attorney Sarah B. Collins is prosecuting the case.
Jensen was released pending trial. A trial date has been set for March 10, 2015.
Mission Man Sentenced for AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of Assault by Striking, Beating, and Wounding was sentenced on October 23, 2014, by U.S. Magistrate Judge Mark A. Moreno.
Jacob Lee, age 30, was sentenced to 350 days in custody, 1 year of supervised release, and a $25 special assessment to the Federal Crime Victims Fund.
Lee was indicted for Assault Resulting in Serious Bodily Injury and Assault by Strangulation and Suffocation by a federal grand jury on March 11, 2014. He pled guilty to Assault by Striking, Beating, and Wounding on August 19, 2014.
On February 8, 2014, Lee and the victim were at an apartment in Mission, and an argument ensued where Lee pulled the victim’s hair and hit her. The victim had swollen lips and suffered other injuries during the assault. Prior to the assault, Lee and the victim were intimate and dating partners.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Tim Maher prosecuted the case.
Lee was immediately turned over to the custody of the U.S. Marshals Service.
Lower Brule Man Sentenced for Possession with Intent to Distribute A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota, man convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on October 28, 2014, by U.S. District Judge Roberto A. Lange.
Jason Long, age 44, was sentenced to time served (18.4 months), 3 years of supervised release, a $1,000 fine, and a $100 special assessment to the Federal Crime Victims Fund.
Long was indicted for Possession with Intent to Distribute a Controlled Substance by a federal grand jury on February 2, 2013. He pled guilty on August 12, 2014.
The conviction arose from an incident on July 28, 2012, in Lyman County, when Long knowingly and intentionally distributed and possessed with intent to distribute a mixture or substance containing a detectable amount of AM 2201, a Schedule I controlled substance.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Jay Miller prosecuted the case.
Chamberlain Man Sentenced on Burglary ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Chamberlain, South Dakota, man convicted of Third Degree Burglary and Burglary of a United States Post Office was sentenced on October 28, 2014, by U.S. District Judge Roberto A. Lange.
James Short Bear, age 19, was sentenced to 15 months in custody on each count to be served concurrently, 2 years of supervised release on each count to be served concurrently, $1,040.88 in restitution to Crow Creek Housing, $1,206.85 in restitution to the Crow Creek Food Distribution Program, and $7,976.40 to the United States Postal Service, Chamberlain Post Office. A special assessment of $200 to the Federal Crime Victims Fund was also ordered.
Short Bear was indicted by a federal grand jury on March 11, 2014, for the Third Degree Burglary charge, and was indicted again on April 15, 2014, on the Burglary of a U.S. Post Office charge. He pled guilty on August 11, 2014, to both charges.
The first conviction stems from an incident which happened between February 10, 2014, and February 11, 2014, when Short Bear broke into the Crow Creek Housing Authority Office in Fort Thompson and stole two checkbooks. Short Bear attempted to cash one of the reported stolen checks at the Wells Fargo Bank in Lower Brule. However, he was recognized and law enforcement was summoned. During the investigation, law enforcement was contacted by the Crow Creek Food Distribution Program in Fort Thompson who discovered that Short Bear had attempted to enter their building on February 10, 2014.
The second conviction stems from an incident which happened between March 2, 2014, and March 3, 2014, when Short Bear broke into the Chamberlain Post Office by breaking the postmaster’s door. He stole a postal money order in the amount of $210. He also stole a check made out to AT&T. He changed the payee name on that check and attempted to cash it at a local bank.
This case was investigated by the Bureau of Indian Affairs, Crow Creek Agency, and the United States Postal Inspection Service. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Short Bear was immediately turned over to the custody of the U.S. Marshals Service.
Bullhead Man Charged with Aggravated Sexual Abuse of A ChildRead the Press Release
United States Attorney Brendan V. Johnson announced that a Bullhead, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child.
Edgar Yellow Earrings, age 51, was indicted by a federal grand jury on September 16, 2014. He appeared before U.S. Magistrate Judge William D. Gerdes on October 31, 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 a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge stems from an allegation that between March 7, 2001, and July 21, 2003, in Bullhead, Yellow Earrings engaged in a sexual act with a child under the age of twelve.
The charge is merely an accusation and Yellow Earrings 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.
Yellow Earrings was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
Alabama Man Convicted of Felon in Possession of A Firearm, Impersonating A Federal Officer, Interstate Stalking, and Tampering with WitnessesRead the Press Release
United States Attorney Brendan V. Johnson announced that Michael Heath Thetford, a/k/a Russ LNU, age 38, of Alabaster, Alabama, was found guilty of Felon in Possession of a Firearm, Impersonating a Federal Officer, Interstate Stalking, and Tampering with Witnesses as a result of a five day federal jury trial in Pierre, South Dakota.
The charges carry a maximum penalty of up to 38 years in custody and/or a $1,000,000 fine, 3 years of supervised release, and a $400 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
Thetford was indicted by a federal grand jury on December 14, 2011, for Felon in Possession of a Firearm, Impersonating a Federal Officer, and Interstate Stalking.
On May 28, 2010, 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 Federal Bureau of Investigation (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, 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 Falls, but stopped at Humboldt, where he informed the victims that he had received a cell phone call which cleared them of the drug investigation, and that a different arrest was in the process of being made, and he would return them home. Along 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 victim’s 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 law enforcement authorities and withhold testimony. A superseding Indictment alleging Witness Tampering was obtained in March 2014.
This case was investigated by the South Dakota Division of Criminal Investigation, the Pierre FBI office, the Birmingham, Alabama FBI office, the U.S. Marshal’s 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.
A presentence investigation was ordered and a sentencing date was set for January 5, 2015. Thetford was remanded to the custody of the U.S. Marshals Service pending sentencing.
United States Files Enforcement Action Against South Dakota Laser Medical Device DistributorRead the Press Release
WASHINGTON – The United States filed a civil complaint for injunctive relief in the U.S. District Court for the District of South Dakota against 2035 Inc. and its president, Dr. Robert L. Lytle, the Department of Justice announced. Lytle, who does business as 2035 Private Membership Association and QLasers Private Membership Association, is the owner and operator of 2035 Inc.
According to the complaint, the defendants are responsible for designing, manufacturing, marketing and distributing the QLaser System, a collection of approximately 12 devices that are marketed as low level laser devices for home use. The defendants market their devices throughout the country – through seminars, websites, newspaper ads and other means – for treatment of “over 200 different diseases and disorders,” including cancer, cardiac arrest, HIV/AIDS, diseases and disorders of the eye and ear, venereal disease and diabetes. Although two of the devices are cleared for providing temporary relief of pain associated with osteoarthritis of the hand, none of the devices have been cleared by the U.S. Food and Drug Administration (FDA) or otherwise approved to treat any other medical conditions. Failure to obtain FDA clearance or premarket approval before marketing and distributing a device renders the device adulterated and misbranded and violates the Food, Drug, and Cosmetic Act (FDCA).
“The public should be able to trust that medical devices marketed to them to treat certain conditions are shown to be safe and effective,” said Acting Assistant Attorney General Joyce R. Branda for the Justice Department’s Civil Division. “The Department of Justice will take action to ensure that public health is not put at risk.”
According to the complaint, the defendants distribute labeling with the QLaser devices that touts their use for treatment of the serious conditions listed above, as well as their use on eyes and skin. However, the complaint alleges, applying the laser devices to the eyes and skin can be harmful, and use of the devices to treat serious conditions such as cancer, HIV/AIDS and diabetes, among others, is unsupported by any published clinical studies. The complaint further alleges that the medical claims regarding use of the laser devices to treat these conditions are false and misleading and that the devices are unsafe if used in the manner recommended or suggested in defendants’ labeling.
During multiple inspections of the defendants’ operations over the course of approximately 11 years, the FDA informed the defendants – both verbally and in writing – that they were violating the FDCA. Despite these warnings, the complaint alleges that defendants continue their violations. Most recently, in August and September 2014, FDA investigated the defendants’ business operations, including QLasers PMA, and www.qlaserspma.com, a website owned and operated by Lytle through QLasers PMA. According to the complaint, these investigations revealed that the defendants continue to make claims that cause their QLaser devices to be in violation of the law.
The government requests that the court enjoin the defendants from continuing to market their QLaser devices, or any other device, unless or until such devices receive FDA clearance or approval. The complaint further requests the court order the defendants to cease manufacturing, processing, packaging, labeling, holding or distributing any product that is a device unless and until the defendants have come into compliance with the FDCA.
“After several warnings from the FDA, this distributor was well aware he was in violation of the law by continuing to market laser devices for unapproved uses,” said U.S. Attorney Brendan V. Johnson for the District of South Dakota. “Regardless, he continued to put consumers at risk, leading them to believe the product they were buying from his companies could treat certain serious medical conditions. Consumer confidence is critical, and the Department of Justice will work to protect that confidence and keep the public safe.”
The FDA referred this matter to the Department of Justice. Trial Attorneys Cindy Cho and Ross Goldstein of the Consumer Protection Branch in the Civil Division, together with the U.S. Attorney’s Office for the District of South Dakota, brought this case on behalf of the United States.
Mission Woman Sentenced for Assaulting A Federal EmployeeRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, woman charged with Assaulting, Resisting, or Impeding a Federal Employee pled guilty to and was sentenced on October 23, 2014, by U.S. Magistrate Judge Mark A. Moreno.
Twila Two Strike, age 56, was sentenced to 6 months of unsupervised probation, and $25 to the Federal Crime Victims Fund.
The conviction stems from an incident that took place on April 14, 2014, when a Rosebud Sioux Tribe Realty Officer went to Two Strike’s home to investigate community complaints regarding a padlocked gate impeding cars from accessing the Blue Thunder Cemetery. While the Realty Officer was speaking with a member of the Two Strike’s family through a screen door, Two Strike approached him from outside his peripheral line of vision and threatened to physically assault him if he did not get off their land. Two Strike swung her hand toward the Realty Officer in an attempt to strike him.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Tim Maher.
Two Strike was released.
Mission Man Sentenced for Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on October 27, 2014, by U.S. Judge Roberto A. Lange.
Mark Antoine, age 23, was sentenced to 24 months in custody, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Antoine was indicted for Assault with a Dangerous Weapon and Assaulting, Resisting, Opposing, and Impeding a Federal Officer by a federal grand jury on December 10, 2013. He pled guilty to Assault with a Dangerous Weapon on July 27, 2014.
On October 29, 2013, Antoine was at a home on the Rosebud Indian Reservation and got upset at his relative, the victim. Antoine assaulted the victim, including knocking her down, attempted to choke her, and he also menaced her with an object. While the victim was on the floor, he slammed an item, presumably a can, against the floor next to her head. When the victim got up, Antoine pushed her onto a couch and menaced her with a screw driver, stabbing the screw driver into the couch next to her body. Antoine also kicked the victim in the chest while wearing shoes. The victim tried to call police for help, but Antoine broke the phone.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Tim Maher prosecuted the case.
Antoine was immediately turned over to the custody of the U.S. Marshals Service.
Fort Thompson Man Sentenced for Distribution of A Controlled Substance and Aiding and AbettingRead the Press Release
United States Attorney Brendan V. Johnson announced that a Fort Thompson, South Dakota, man convicted of Distribution of a Controlled Substance and Aiding and Abetting was sentenced on October 27, 2014, by U.S. District Judge Roberto A. Lange.
Emmanuel Harrison, a/k/a Manny Harrison, age 29, was sentenced to 5 months in custody, 3 years of supervised release, $1,000 fine, and a $100 special assessment to the Federal Crime Victims Fund.
Harrison was indicted for two counts of Distribution of a Controlled Substance by a federal grand jury on April 15, 2014. He pled guilty to one count of Distribution of a Controlled Substance and Aiding and Abetting on July 29, 2014.
The conviction arose from an October 16, 2013, incident at Fort Thompson when Harrison knowingly and intentionally distributed a mixture and substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, and aided and abetted in the commission of the distribution.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Jay Miller prosecuted the case.
Harrison was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.
Rapid City Man Indicted for AssaultRead 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 Assault Resulting in Serious Bodily Injury.
Leslie Michael Hawk, age 24, was indicted on October 21, 2014. He appeared before U.S. Magistrate Judge Veronica Duffy on October 22, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 10 years of imprisonment and/or a $250,000 fine, 3 years of supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment charges that on October 8, 2014, near Loneman, Hawk assaulted a woman with a knife.
The charges are merely accusations and Hawk is presumed innocent until and unless proven guilty.
The investigation was conducted by the Bureau of Indian Affairs Office of Justice Services, and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Ben Patterson is prosecuting the case.
Hawk was detained pending trial. A trial date has not been set.
McLaughlin Man Indicted on Assault ChargesRead 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 Assault with a Dangerous Weapon and Assault Resulting in Substantial Bodily Injury to an Intimate Partner.
Reginald Brooks, age 44, was indicted on October 15, 2014. He appeared before U.S. Magistrate Judge William D. Gerdes on October 23, 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 October 12, 2014, Brooks assaulted his intimate partner with a dangerous weapon, which resulted in substantial bodily injury.
The charges are merely accusations and Brooks 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.
Brooks 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 AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota, man convicted of Assault by Striking, Beating and Wounding was sentenced on October 22, 2014, by U.S. Magistrate Judge Mark A. Moreno.
Colin Colombe, age 40, was sentenced to 2 years of probation, 90 days of jail time, and a $25 special assessment to the Federal Crime Victims Fund.
Colombe was indicted by a federal grand jury on August 21, 2013. He pled guilty on August 12, 2014.
The conviction stems from an incident in Lower Brule on June 25, 2013, when Colombe got in an altercation with an adult male. As a result of the altercation, the victim suffered injuries to his leg, as well as bruises, scrapes, and abrasions to his head and body.
This case was investigated by Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Kyle Man Sentenced for AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Kyle, South Dakota, man convicted of Assault by Striking, Beating, or Wounding was sentenced on October 23, 2014, by U.S. Magistrate Judge Veronica L. Duffy.
Vinnie Makes Good, age 26, was sentenced to 12 months in custody, 1 year of supervised release, and ordered to pay a $25 special assessment to the Federal Crime Victims Fund and $352.50 in restitution.
The conviction stemmed from an incident that occurred in Kyle on November 17, 2013, when Makes Good, along with two other men, entered a man’s yard and assaulted him and his son with their fists, causing injuries.
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.
Makes Good was immediately turned over to the custody of the U.S. Marshals Service.
Fort Thompson Man Sentenced for Assault Resulting in Substantial Bodily Injury to A SpouseRead 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 a Spouse was sentenced on October 27, 2014, by U.S. District Judge Roberto A. Lange.
Arnold Roy Walking Bull, Jr., a/k/a Junior Charging Hawk, age 38, was sentenced to 12 months and a day of custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Walking Bull was indicted by a federal grand jury on June 10, 2014. He pled guilty on July 31, 2014.
The conviction stems from an altercation he had with his spouse on October 1, 2013. Walking Bull assaulted the victim, causing her substantial bodily injury.
This case was investigated by the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Walking Bull was immediately turned over to the custody of the U.S. Marshals Service.
Fort Thompson Man Indicted on Assault 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 Assault with a Dangerous Weapon, Assault by Strangulation and Suffocation, and Assault Resulting in Substantial Bodily Injury to an Intimate Partner.
Jared Chase Blaine, age 20, was indicted on September 16, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 23, 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 $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about August 12, 2014, Blaine unlawfully assaulted his intimate partner with shod feet, as well as strangled and suffocated the victim, resulting in substantial bodily injury.
The charges are merely accusations and Blaine 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.
Blaine was remanded to the custody of the U.S. Marshals Service pending trial which has been set for December 2, 2014.
Eagle Butte Man Charged with Sexual Contact with A MinorRead 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 Sexual Contact with a Minor.
John Earl Miner, age 42, was indicted by a federal grand jury on October 15, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 22, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 2 years in custody and/or a $250,000 fine, at least 5 years and 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 June 17, 2014, in Dupree, South Dakota, Miner engaged in, or attempted to engage in, sexual contact with a minor.
The charge is merely an accusation and Miner 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.
Miner was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
Eagle Butte Man Charged with Assaulting A Federal OfficerRead 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 Assaulting, Resisting, or Impeding a Federal Officer Involving Physical Contact.
Lucas Curley, age 23, was indicted on October 15, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 22, 2014, 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.
The Indictment alleges that in March of 2014, Curley forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with a Cheyenne River Sioux Tribe Law Enforcement Officer while the officer was engaged in the performance of his official duties.
The charge is merely an accusation and Curley 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.
Curley was released on bond pending trial. A trial date has not been set.
Eagle Butte Man and Woman Charged with Child AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man and woman have been indicted by a federal grand jury for Felony Child Abuse.
Jordyn Blue Coat, a/k/a Jordyn Swan, age 21, and Francis Swan, age 25, were indicted by a federal grand jury on October 21, 2014. They appeared before U.S. Magistrate Judge Mark A. Moreno on October 24, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 15 years in custody and/or a $250,000 fine, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge stems from an allegation that between August 17, 2014, and October 17, 2014, at No Heart Housing near Eagle Butte, Blue Coat and Swan abused, tortured, tormented, and cruelly punished a child under the age of seven years old.
The charge is merely an accusation and Blue Coat and Swan are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, the South Dakota Department of Social Services, and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.
Blue Coat and Swan were remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
Bullhead Man Charged with Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Bullhead, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Miles Yellow Earrings, age 31, was indicted on October 15, 2014. He appeared before U.S. Magistrate Judge William D. Gerdes on October 17, 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, a mandatory minimum period of at least 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between May 10, 2014, and June 18, 2014, Yellow Earrings, a person required to register under the Sex Offender Registration and Notification Act, failed to register and update his registration.
The charge is merely an accusation and Yellow Earrings 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.
Yellow Earrings was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for December 16, 2014.
U.S. Attorney Brendan Johnson Receives Shared Hope Pathbreaker Award for Anti-Trafficking LeadershipRead the Press Release
ARLINGTON, VA. – Brendan Johnson, U.S. Attorney for the District of South Dakota, has been named a 2014 Pathbreaker Award recipient for his determined leadership in combatting child sex trafficking.
U.S. Attorney Johnson has taken a progressive approach to demand enforcement through broad collaboration and aggressive prosecution of buyers which established broader federal engagement in combating demand for child sex trafficking. At the request of Attorney General Eric Holder, Johnson was one of fifteen U.S. Attorneys selected to serve on the Attorney General’s Advisory Committee from 2012-2013. He has prioritized the prosecution of cases involving violence against Native American women and children and human trafficking. Mr. Johnson has overseen the prosecution of more than 25 human trafficking cases in five years, including three life-sentences and the federal prosecution of numerous men who attempted to purchase sex from trafficking victims. His office pursued the case of United States v. Jungers through the Eighth Circuit Court of Appeals, securing the critical decision that buyers of sex acts with minors are committing crimes of sex trafficking under the federal law, upping the risk of such activity by those who drive the sex trafficking markets.
“Brendan Johnson is a force of determination, initiative and skill that should leave buyers terrified to purchase sex with a minor in South Dakota,” Shared Hope International President and Founder Linda Smith said. “By creating a threshold for buyer accountability, he sets a national precedent that, if applied, will make significant strides in reducing tolerance for purchasing sex with a minor.”
In 2000, the U.S. Department of State engaged Shared Hope International to hold Pathbreaking Strategies Conferences in six countries to energize the global conversation about the issue of trafficking and share innovative approaches to combat the problem. The conferences led to significant change in the global landscape of national responses to trafficking in countries that were behind the global community and enabling an environment that was fostering trafficking with no developed response. During this process, the Pathbreaker Award was established to recognize the pioneering efforts of individuals throughout the world who broke the trend of inaction and initiated proactive responses to prevent trafficking. See all Pathbreaker Award recipients.
The 2014 Pathbreaker Award recipients also include Congressman Frank Wolf (VA-10) and Marian Hatcher, Project Manager for the Sheriff’s Women’s Justice Programs at the Cook County Sheriff’s Office. U.S. Attorney Johnson and Ms. Hatcher will accept the award on November 7 during Shared Hope International’s JuST Conference in Washington, D.C.
MEDIA MATERIALS
For media convenience, a variety of video clips and resources, including survivor comments, are available at this location: vimeo.com/sharedhope/albums. Clips are password protected, please contact Taryn Offenbacher at [email protected] for access.
ABOUT SHARED HOPE INTERNATIONAL: Shared Hope International was established in 1998, by former U.S. Congresswoman Linda Smith, to prevent, restore, and bring justice to women and children in crisis. We provide leadership in awareness, training, prevention strategies, restorative care, research, and policy initiatives. For more information about Shared Hope International, go to www.sharedhope.org.
For more information contact Taryn Offenbacher at (602) 818-3955 or [email protected].
Rapid City Man Sentenced for Theft from Indian Health ServicesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of Theft or Embezzlement in Connection with Health Care was sentenced on October 16, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Michael Gray, age 59, was sentenced to 2 years of probation, ordered to pay a $100 special assessment to the Federal Crime Victims Fund, and restitution in the amount of $6,476.42.
Gray was indicted for Theft or Embezzlement in Connection with Health Care on March 18, 2014, and he pled guilty on June 4, 2014.
The conviction relates to Gray, while employed by an Indian Health Services (IHS) Hospital, taking equipment belonging to IHS and using a General Services Administration gas card for his personal use between 2009 and 2013.
This case was investigated by the Department of Health and Human Services, Office of the Inspector General. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Rapid City Man Sentenced for Attempted Sex TraffickingRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of Attempted Trafficking with Respect to Involuntary Servitude and Forced Labor was sentenced on October 17, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Curtis Ray Austin, age 21, was sentenced to 24 months of imprisonment, 3 years of supervised release and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. Austin will also be required to register as a sex offender.
On August 10, 2013, as part of a sex-trafficking undercover operation during the Sturgis Bike Rally, Austin was arrested for attempting to obtain sex with a 15 year-old girl. Austin responded to a law enforcement-generated Internet advertisement which advertised sex with a fictitious 15 year-old girl, and he negotiated the terms of the sexual encounter. Austin then met with an undercover agent, who was posing as someone who could provide the young girl for sex in trade for an engagement ring, and Austin had the ring and condoms in his possession. Austin was subsequently arrested.
The investigation was conducted by the South Dakota Internet Crimes Against Children Taskforce, South Dakota Division of Criminal Investigation, Federal Bureau of Investigation, Rapid City Police Department, Pennington County Sheriff’s Office, and the Meade County Sheriff’s Office. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Austin was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Indicted on Child Pornography 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 Distribution of Child Pornography and Possession of Child Pornography.
Nicholas Adam Jensen, age 24, was indicted on September 23, 2014. He appeared before U.S. Magistrate Judge Veronica Duffy on October 14, 2014, 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, lifetime of supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment charges that between March 2013 and April 2013, at Rapid City, Jensen knowingly distributed and possessed computers files containing images of child pornography.
The charges are merely accusations and Jensen 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. Attorney Sarah B. Collins is prosecuting the case.
Jensen was released pending trial. A trial date has not been set.
New York Man Sentenced for Selling Counterfeit GoodsRead the Press Release
United States Attorney Brendan V. Johnson announced that a New York man convicted of Trafficking in Counterfeit Goods or Services was sentenced on October 17, 2014, by U.S. Chief Judge Jeffrey L. Viken, U.S. District Court.
Samuel Ascolese, age 45, was sentenced to 12 months and 1 day of imprisonment, 3 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund and $72,652.99 in restitution.
In August 2013, during the Sturgis Motorcycle Rally, Ascolese, owner of Custom Tattoo Apparel, knowingly sold counterfeit T-Shirts. The counterfeits were from many different trademark holders including Monster Energy, Sons of Anarchy (20th Century Fox), Honda, Acura, Jack Daniels, Ford/Powerstroke, Cummins, Kawasaki, Suzuki, Dodge/Mopar/Chrysler, and Browning.
The investigation was conducted by the U.S. Immigration and Customs Enforcement's Homeland Security Investigations. Assistant U.S. Attorney Sarah B. Collins prosecuted the case. Ascolese was immediately turned over to the custody of the U.S. Marshals Service.
Montana Man Sentenced for Health Care FraudRead the Press Release
United States Attorney Brendan V. Johnson announced that a Colstrip, Montana, man convicted of Health Care Fraud was sentenced on October 16, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Dean L. Hodges, age 59, was sentenced to 2 years of probation, ordered to pay a $100 special assessment to the Federal Crime Victims Fund, and restitution in the amount of $686.
Hodges was indicted for Theft in Connection with Health Care, Health Care Fraud, False Statements Relating to Health Care Matters, and Acquiring Controlled Substances by Fraud by a federal grand jury on February 19, 2014. He pled guilty to Health Care Fraud on June 30, 2014.
The conviction stems from Hodges, while employed by the Indian Health Services as the Chief Pharmacist for the Kyle Health Center, taking Hydrocodone and Codeine for his own use between January and October 2013.
This case was investigated by the Department of Health and Human Services, Office of the Inspector General. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Colorado Man Charged with Possession with Intent to Distribute A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that an Aurora, Colorado, man has been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance.
Nathan Van Weeda, age 43, was indicted on October 15, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 15, 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 $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about October 1, 2014, Weeda knowingly and intentionally distributed and possessed with intent to distribute a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, and marijuana, a Schedule I controlled substance.The charges are merely an accusation and Weeda 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.
Weeda was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Canistota Woman Sentenced for Tax FraudRead the Press Release
United States Attorney Brendan V. Johnson announced that Veronica Fairchild, age 42, of Canistota, South Dakota, and Okaboji, Iowa, who was previously found guilty of four counts of tax fraud, was sentenced on October 22, 2014.
Fairchild was sentenced to 33 months in custody and ordered to pay over $214,000 in restitution to the U.S. Department of Treasury, Internal Revenue Service, for unpaid taxes.
Fairchild was indicted by a federal grand jury on July 9, 2013. The investigation stemmed from Fairchild’s late filing of her 2005 through 2008 income tax returns in 2010. Bank records revealed she had failed to claim over $850,000 in income over the four-year period of time. Fairchild claimed the unreported income she received from performing private shows as an exotic dancer was a gift.
A jury trial commenced in Sioux Falls on June 24, 2014, and completed on June 26, 2014, with the jury convicting Fairchild on all four counts of the Indictment.
“The sentenced handed down in this case should make things very clear. No matter your rationale and no matter what you do for a living, if you evade paying your fair share of taxes, you’ll face the consequences,” said U. S. Attorney Johnson.
“IRS Criminal Investigation is diligent when it comes to enforcing the laws directed at those who attempt to defraud our nation’s tax system," said Karl Stiften, Acting Special Agent in Charge of the St. Paul Field Office. “The sentence of 33 months in a federal prison shows how seriously the courts take federal tax crimes. Together with the Department of Justice, we will continue to investigate and prosecute those who violate our tax system.”
This case was investigated by the Internal Revenue Service Criminal Investigation Division. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Fairchild will self-report to the U.S. Marshals Service in November of 2014 to begin serving her sentence.
Rosebud Woman AcquittedRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, woman was acquitted of Arson on October 9, 2014, as a result of a federal jury trial in Pierre, South Dakota. Mary Peneaux was indicted by a federal grand jury in November 2013.
The charge related to the alleged arson of a residence in Rosebud.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Rosebud Sioux Tribe Law Enforcement Services. The U.S. Attorney's Office prosecuted the case.
Rapid City Man Sentenced for Felon in Possession of A FirearmRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of Felon in Possession was sentenced on October 15, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Jesse D. Grimm, age 32, was sentenced to 12 months and one day in custody, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Grimm was indicted for Felon in Possession by a federal grand jury on March 18, 2014. He pled guilty on June 26, 2014.
On January 20, 2014, Grimm possessed a Glock Model 27, which was inside a backpack in his pickup truck near Rapid City. Grimm was previously convicted of a felony of Aggravated Assault (Domestic Abuse) on January 2, 2009.
This case was investigated by the Division of Criminal Investigation and the Rapid City Police Department. Assistant U.S. Attorney Ted L. McBride prosecuted the case.Grimm was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for False StatementRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of False Statement was sentenced on October 15, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Justin Robert Yellow Elk, age 29, was sentenced to 8 months in custody, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Yellow Elk was indicted for Concealing Person from Arrest and False Statement by a federal grand jury on March 18, 2014. He pled guilty to False Statement on June 6, 2014.
The conviction stems from when Yellow Elk, who was an employee at Community Alternatives of the Black Hills (CABH) in 2012, gave false statements to a Federal Bureau of Investigation (FBI) agent during a CABH escape investigation in April 2013.
This case was investigated by the FBI. Assistant U.S. Attorney Sarah Collins prosecuted the case. Yellow Elk was immediately turned over to the custody of the U.S. Marshals Service.
Manderson Man Sentenced to 60 Months for Conspiracy to Distribute MarijuanaRead the Press Release
United States Attorney Brendan V. Johnson announced that a Manderson, South Dakota, man convicted of Conspiracy to Distribute Marijuana was sentenced on October 15, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Robert Dale Martin, age 47, was sentenced to 60 years in custody, 4 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Martin was indicted for Conspiracy to Distribute Controlled Substances by a federal grand jury on February 20, 2014. He pled guilty on June 27, 2014.
Beginning in the year 2000 through 2012, Martin received pound quantities of marijuana and brought it into South Dakota for further distribution. Martin engaged in a supervisory role and distributed more than 100 kilograms of marijuana on the Pine Ridge Reservation during this conspiracy.
This case was investigated by Northern Plains Safe Trails Drug Enforcement Task Force, which includes the following agencies: Federal Bureau of Investigation, Division of Criminal Investigation, Bureau of Indian Affairs Office of Justice Services, Oglala Sioux Tribe Department of Public Safety, Fall River County Sheriff’s Office, and the Fall River State’s Attorney’s Office. U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations also assisted with the investigation. Assistant U.S. Attorney Ted L. McBride prosecuted the case.
Martin was immediately turned over to the custody of the U.S. Marshals Service.
Lower Brule Man Sentenced for Malicious MischiefRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota, man charged with Malicious Mischief pled guilty to and was sentenced on October 10, 2014, by U.S. Magistrate Judge Mark A. Moreno.
Thomas Loudner, age 38, was sentenced to 2 months of custody, 1 year of supervised release, $1,000 restitution to the Lower Brule Sioux Tribe, and $25 to the Federal Crime Victims Fund.
The conviction stems from an incident that took place on January 26, 2013, when Loudner and others were driving around the Lower Brule Community. They were drinking and began to discuss having a bonfire. Loudner drove to the Lower Brule Sioux Tribe Old Boxing Club building, got out of his vehicle, grabbed a gas can, entered the building and set it on fire. The building sustained damage as a result of the fire.
The investigation was conducted by the Bureau of Indian Affairs, Lower Brule Agency. The case was prosecuted by Assistant U.S. Attorney Meghan N. Dilges.
Loudner was remanded to the custody of the U.S. Marshals Service.
Fort Thompson Man Found Guilty of Domestic Assault by A Habitual OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that Santana Drapeau, age 22, of Fort Thompson, South Dakota, was convicted of two counts of Domestic Assault by a Habitual Offender and one count of Simple Assault as a result of a 2-day federal jury trial in Pierre, South Dakota. The guilty verdict was returned on October 10, 2014.
The Defendant was found not guilty of assault by strangulation.
Each habitual domestic assault conviction carries a maximum penalty of 5 years of imprisonment and/or a $250,000 fine. The simple assault conviction carries a maximum penalty of 1 year imprisonment and/or a $100,000 fine.
The conviction stems 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.
A presentence investigation report was ordered, and a sentencing date was set for December 22, 2014.
Drapeau was remanded to the custody of the U.S. Marshals Service pending sentencing.