District of South Dakota
Press releases recorded for this federal judicial district.
Edgemont Man Defrauds the Government by Submitting False Unemployment ClaimsRead the Press Release
United States Attorney Brendan V. Johnson announced that an Edgemont, South Dakota, man recently reached a settlement agreement with the United States Government for submitting false unemployment claims.
Terry Beard, age 48, was laid off from his job as a conductor for the Burlington Northern Railroad in December of 2008. He submitted 23 claim forms certifying he was entitled to receive payments for unemployment benefits from March 2009 through January 2010 with the U.S. Railroad Board (RRB). Beard failed to advise the RRB that he was at the same time employed with the City of Edgemont. Beard knowingly and willfully falsified claims to the government for unemployment benefits.
In April 2014, the United States brought a civil action against Beard to recover damages and civil penalties pursuant to the False Claims Act (FCA), 31 U.S.C. §§ 3729-3733, for the false claims Beard knowingly submitted to the RRB.
The 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.
The government signed a settlement agreement with Beard on May 27, 2014. Beard consented to a judgment in favor of the United States in the amount of $40,000 and agreed to make monthly payments over five years for submitting the false claims for unemployment insurance benefit payments to the RRB.
Previously, Beard was also indicted by a grand jury and pled guilty to the offense of making a false claim pursuant to 18 U.S.C. § 287, a Felony, for knowingly submitting the false claims to the RRB. A criminal judgment was entered against Beard in federal court, and he was sentenced on October 23, 2013, to a term of 5 years’ probation and ordered to pay restitution in the amount of $12,407.00.
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 and works with various law enforcement agencies to identify and investigate these matters.
The investigation in this case was conducted by the U.S. Railroad Retirement Board. Former Assistant U.S. Attorney Wayne Venhuizen and Assistant U.S. Attorney Cheryl Schrempp DuPris prosecuted the criminal and civil cases respectively.
Eagle Butte Man Charged with Third Degree Burglary and LarcenyRead 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 Third Degree Burglary and Larceny.
Randall Little Shield, age 22, was indicted on September 16, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 9, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that in June 2014, Little Shield unlawfully entered the Cheyenne-Eagle Butte Junior High School and took and attempted to carry away, with intent to steal and purloin, desktop computer towers, computer keyboards, computer monitors, and various other school office supplies of a value of more than $1,000.
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 pending trial. Trial date has been set for November 18, 2014.
Three Eagle Butte Men Charged with Assault and Aiding and AbettingRead the Press Release
United States Attorney Brendan V. Johnson announced that three Eagle Butte, South Dakota, men have been indicted by a federal grand jury for Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and Aiding and Abetting the two assaults.
Lawrence Mexican, age 23, Todd Johns, age 26, and Joshua Heiedeman, age 21, were indicted on September 16, 2014. They have all appeared before U.S. Magistrate Judge Mark A. Moreno and each 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. Restitution may also be ordered.
The Indictment charges that on July 19, 2014, in Eagle Butte, Mexican, Johns and Heideman unlawfully assaulted the victim with shod feet, metal crutches, and wooden clubs. The assault is alleged to have caused serious bodily injury to the victim.
The charges are merely accusations and Mexican, Johns and Heideman are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.
All three defendants were remanded to the custody of the U.S. Marshals Service pending trial. Trial has been set for November 18, 2014.
Pine Ridge Woman Charged with Killing A ManRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, woman has been indicted by a federal grand jury for Involuntary Manslaughter.
Sarah Lilly Brown Eyes, age 56, was indicted on August 26, 2014. She appeared before U.S. Magistrate Judge Veronica L. Duffy on September 29, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 8 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 June 24, 2014, at Slim Buttes, Brown Eyes ran over a man with a truck, killing him.
The charge is merely an accusation and Brown Eyes 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 Eyes was detained pending trial. A trial date has not been set.
Parmelee Man Sentenced for Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that a Parmelee, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on October 6, 2014, by U.S. District Judge Roberto A. Lange.
Matthew Horned Eagle, age 24, was sentenced to 33 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Horned Eagle was indicted for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury by a federal grand jury on May 13, 2014. He pled guilty to Assault Resulting in Serious Bodily Injury on July 14, 2014.
On April 7, 2014, in the late evening hours, Horned Eagle, who had been consuming alcohol, began arguing with his girlfriend in their bedroom. The noise awoke a child sleeping in another room and an adult female went into Horned Eagle’s room to tell them to quiet down. A physical struggle broke out between Horned Eagle and the adult female. When the victim tried to intervene, Horned Eagle stabbed her in the left thigh with a silver and black military style sword with a 17 inch blade. Horned Eagle’s actions caused a 3.5 centimeter long and 7 centimeter deep laceration to the victim’s left anterior thigh that required sutures to repair.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Tim Maher prosecuted the case.
Horned Eagle was immediately turned over to the custody of the U.S. Marshals Service.
Lower Brule Man Sentenced for Simple Assault of A Child Under 16Read the Press Release
United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota, man charged with Simple Assault of a Child under 16 pled guilty to and was sentenced on October 6, 2014, by U.S. Magistrate Judge Mark A. Moreno.
Marvin Grassrope, Jr., age 19, was sentenced to 18 months of probation and $25 to the Federal Crime Victims Fund.
The conviction stems from an incident that took place on or about October 5, 2013, when Grassrope inappropriately touched a juvenile female.
The investigation was conducted by the Federal Bureau of Investigation. The case was prosecuted by Assistant U.S. Attorney Thomas J. Wright.
Jury Finds McLaughlin Man Guilty of Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that Brett Roach, age 27, of McLaughlin, South Dakota, was convicted of Assault Resulting in Serious Bodily Injury, following a two-day jury trial in Pierre. The guilty verdict was returned on October 8, 2014.
The charge carries a 10 year mandatory minimum, up to life, in custody, and/or a $250,000 fine, as well as 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Roach was indicted by a federal grand jury on June 12, 2013.
The conviction stems from an assault which occurred on May 22, 2013, when Roach’s 11-month old stepdaughter was brought to the Mobridge Regional Hospital. A CT scan revealed that the child was bleeding inside her skull and had sustained 3 skull fractures. The 11-month old victim was flown to Sanford USD Medical Center in Sioux Falls, where she underwent emergency treatment for her head injuries.
During the investigation, Roach admitted to the Federal Bureau of Investigation that because the child’s crying had woken him up, he threw the child from a bed onto the hard floor. At trial, Roach claimed he had made this story up and the child had been injured in a simple fall. Medical experts at trial told the jury that a simple fall would not explain the victim’s life threatening serious head injuries.
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.
A sentencing date has not been set. The defendant was remanded to the custody of the U.S. Marshals Service pending sentencing.
Sioux Falls Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota, man convicted of Conspiracy to Distribute Methamphetamine was sentenced on October 1, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Clinton Provincial, age 35, was sentenced to 63 months in custody, 4 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Provincial was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on February 20, 2013. He pled guilty on December 3, 2013.
Between August 2009 and February 2013, Clinton Provincial conspired and agreed with other persons, including Angel Provincial, Robert Provincial, Shy Bettelyoun, and Diana Bald Eagle, to distribute methamphetamine in the District of South Dakota.
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, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Ted L. McBride prosecuted the case.
Provincial was immediately turned over to the custody of the U.S. Marshals Service.
Pine Ridge Man Indicted for Assaulting Two Federal OfficersRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, man has been indicted by a federal grand jury for two counts of Assaulting a Federal Officer.
Jerel Running Bear, age 24, was indicted on September 23, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on September 26, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction for each count is 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 charge relates to Running Bear assaulting two female corrections officers employed with the Oglala Sioux Tribe Adult Offenders Facility on July 4, 2014, at Pine Ridge.
The charges are merely accusations and Running Bear is presumed innocent until and unless proven guilty.The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Running Bear was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Lead Man Pleads Not Guilty to Firearms ViolationsRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lead, South Dakota, man has been indicted by a federal grand jury for Theft of Firearms, Possession of Stolen Firearms, and Felon in Possession of Firearms.
Dustin Bomford, age 26, was indicted on September 23, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on September 29, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction for each count is 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Bomford, a convicted felon, breaking into the Box Elder Trading Post on September 8, 2014, and stealing 18 firearms.
The charges are merely accusations and Bomford is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Box Elder Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Bomford was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Keystone City Park Now Accessible to All Citizens of the CommunityRead the Press Release
On December 19, 2012, a complaint was filed with the United States Department of Justice Civil Rights Division, pursuant to Title II of the Americans with Disabilities Act (ADA), alleging the playground equipment at the city park in Keystone, South Dakota, was not accessible to individuals who use wheelchairs.
City officials in Keystone cooperated with the investigation and developed a Master Plan to bring Keystone’s Watson Park in compliance with the ADA. The plan included removing sand and installing wood fiber safety surfaces around the playground equipment, developing a more accessible route to the playground, installing additional playground stations, and renovating the parking lot to include van accessible parking space.
With the modifications, the parking lot is now equipped with accessible parking spaces and appropriate signage for van accessible parking, the sand around the playground has been replaced with a more stable, firm, and slip resistant wood fiber surface, and the gazebo and playgrounds have an accessible route within the playground equipment. These renovations provide an ADA-accessible place for people with disabilities to picnic, relax, and play.
The City of Keystone remains committed to providing accessibility to all individuals. The Department of Justice investigates allegations of ADA violations and provides information about the ADA through a toll-free information line at (800) 514-0301 (voice) and (800) 514-0383 (TDD), or visit www.ada.gov for more information.
Illinois Man Sentenced for Criminal TrespassRead the Press Release
United States Attorney Brendan V. Johnson announced that a Chicago, Illinois, man charged with Criminal Trespass pled guilty to and was sentenced on September 30, 2014, by U.S. Magistrate Judge Mark A. Moreno.
Steven Nichols, age 43, was sentenced to 9 months in custody, 1 year of supervised release, 3-6 months at a Residential Reentry program, $25 to the Federal Crime Victims Fund, and ordered to not re-enter the lands of Todd County and the Rosebud Sioux Indian Reservation.
In the summer of 2011, the Rosebud Sioux Tribe’s Attorney General petitioned the tribal court to bar Nichols, a non-Indian, from entering the lands of the Rosebud Sioux Indian Reservation. On June 10, 2011, he was served with notice of the proceedings. On September 22, 2011, the Rosebud Sioux Tribal Court entered an Emergency Writ of Exclusion barring him from entering the lands of the Rosebud Reservation, and the Rosebud Sioux Tribal Council also voted to exclude the Defendant from the reservation. On September 23, 2011, a tribal law enforcement officer served him with the exclusionary order and escorted him off of the reservation.
Tribal law enforcement officers later learned that Nichols had re-entered the reservation. On September 9, 2012, officers apprehended him and again transported him off of the reservation. On January 30, 2013, officers learned Nichols was staying at a residence within the reservation. Officers searched for Nichols and found him hiding in a crawl space of the residence. He was arrested on federal criminal trespass charges and transported off the reservation and into federal custody.
On March 14, 2014, Nichols was in a car near Two Strike when a tribal patrol officer encountered him driving towards St. Francis, which is located within the Rosebud Sioux Indian Reservation. By being on the reservation, the Defendant did defy orders to leave that were previously communicated to him.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation. The case was prosecuted by Assistant U.S. Attorney Tim Maher. Nichols was remanded to the custody of the U.S. Marshals Service to complete his sentence.
Rapid City Man Found Guilty of Commercial Sex TraffickingRead the Press Release
United States Attorney Brendan V. Johnson announced that Jerry Lane Golliher, age 32, of Rapid City, South Dakota, was found guilty of Commercial Sex Trafficking following a two-day federal jury trial held in U.S. District Court in Rapid City. The guilty verdict was returned on October 1, 2014.
The charge carries a mandatory minimum term of 15 years in federal prison and up to life imprisonment and/or a $250,000 fine, a mandatory minimum term of 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Golliher was indicted for Commercial Sex Trafficking by a federal grand jury on August 13, 2013. He was one of nine men who were arrested and indicted as a result of a sex trafficking undercover operation conducted during the 2013 Sturgis Motorcycle Rally, targeting persons willing to pay money to have sex with underage girls. All nine men were indicted for Commercial Sex Trafficking.
Following several emails with a person who Golliher believed to be associated with a 13 year-old girl, but who was in fact an undercover agent, he proceeded to negotiate the time and place they would meet, as well as the price he would pay for sex with the girl, which was $150. When Golliher went to the pre-determined location to complete the transaction, he was instead met by law enforcement agents and placed under arrest.
The undercover operation and arrests were a joint effort between the South Dakota Division of Criminal Investigation, the Federal Bureau of Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s Office. Assistant U.S. Attorneys Sarah Collins and Ben Patterson prosecuted the case.
Golliher was remanded to the custody of the U.S. Marshals Service pending sentencing.
Pine Ridge Man Indicted for Assaulting A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, man has been indicted by a federal grand jury for Assault on a Federal Officer.
Jerry Jesse Bear Shield, Jr., age 34, was indicted on September 22, 2014. He appeared before U.S. Magistrate Judge Veronica Duffy on September 26, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 20 years’ imprisonment and/or a $250,000 fine, 3 years’ supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment charges that on August 6, 2014, at Pine Ridge, Bear Shield assaulted an Oglala Sioux Tribe police officer who was attempting to arrest him.
The charge is merely an accusation and Bear Shield 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 Ben Patterson is prosecuting the case.
Bear Shield was released pending trial. A trial date has not been set.
Two Mobridge Men Charged with Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Brendan V. Johnson announced that two Mobridge, South Dakota, men have been indicted by a federal grand jury for Conspiracy to Distribute and Possess with Intent to Distribute a Controlled Substance, and Possession with Intent to Distribute a Controlled Substance.
Aaron Sackreiter, age 34, and Stanley Schily, age 59, were indicted on September 16, 2014. They appeared before U.S. Magistrate Judge William D. Gerdes on September 24, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is a mandatory minimum sentence of 5 years and a maximum of 40 years in custody and/or a $2,000,000 fine, at least 4 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between December 1, 2013, and July 1, 2014, Sackreiter and Schily knowingly and intentionally combined, conspired, confederated and agreed to distribute, and possessed with intent to distribute, a mixture and substance containing 50 grams or more of a detectable amount of methamphetamine, a Schedule II controlled substance.
The charges are merely an accusation and Sackreiter and Schily are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Sackreiter and Schily were released on bond. Trial has been set for November 4, 2014.
Rapid City Man Pleads Not Guilty to Assaulting His Intimate Partner with A KnifeRead 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, Assault by Strangulation and Suffocation, and Assault Resulting in Substantial Bodily Injury to an Intimate Partner.
Isaac White Crane, age 29, was indicted on September 23, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on September 26, 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 $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to White Crane using a knife to cause substantial bodily injury to his intimate and dating partner on January 8, 2014, near Kyle. He also strangled and suffocated her.
The charges are merely accusations and White Crane is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.
White Crane was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Pine Ridge Man and Woman Indicted for Assault on A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, man and woman have been indicted by a federal grand jury for Assault on a Federal Officer.
Trivian Bad Wound, age 50, and Donroy Big Crow, age 57, were indicted on September 23, 2014. They appeared before U.S. Magistrate Judge Veronica L. Duffy on September 26, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 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 charge relates to Bad Wound and Big Crow assaulting a law enforcement officer employed with the Oglala Sioux Tribe Department of Public Safety on March 18, 2014, near Pine Ridge.
The charge is merely an accusation and Bad Wound and Big Crow are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.
Bad Wound was released on bond. Big Crow was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Pierre Woman Charged with Acquisition of A Controlled Substance by MisrepresentationRead 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 Acquisition of a Controlled Substance by Misrepresentation, Fraud, Forgery, Deception, and Subterfuge.
Terri Lee Morin, age 42, was indicted on September 16, 2014. She appeared before U.S. Magistrate Judge Mark A. Moreno on September 25, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 4 years in custody and/or a $250,000 fine, 1 year of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between January 13, 2012, and March 13, 2014, Morin knowingly and intentionally acquired and obtained possession of the controlled substances Zolpidem and Lorazepam by misrepresentation, fraud, forgery, deception, and subterfuge.The charge is merely an accusation and Morin is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Office of the Inspector General of the U.S. Department of Health and Human Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Morin was released on bond pending trial. A trial date has not been set.
Oglala Man Sentenced for Simple AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that an Oglala, South Dakota, man convicted of Simple Assault was sentenced on September 25, 2014, by U.S. Magistrate Judge Veronica L. Duffy.
Leon Eagle, age 21, was sentenced to 6 months of probation and ordered to pay a $10 special assessment to the Federal Crime Victims Fund.
Eagle was indicted for Felony Child Abuse and Neglect by a federal grand jury on March 18, 2014. He pled guilty to Simple Assault on July 10, 2014.
The conviction relates to an incident at Oglala in September of 2012, when Eagle was in an argument with some people and knocked the one-year-old victim to the ground.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Box Elder Man Charged with Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Box Elder, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Dewey Shane Marrowbone, age 45, was indicted on September 16, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on September 25, 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 up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between July 4, 2014, and August 20, 2014, Marrowbone, who was required to register under the Sex Offender Registration and Notification Act, knowingly failed to register and update his sex offender registration.
The charge is merely an accusation and Marrowbone is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.
Marrowbone was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
Aberdeen Man Sentenced in Bribery CaseRead the Press Release
First Assistant United States Attorney Randy Seiler announced that an Aberdeen, South Dakota, man convicted of promising an illegal gratuity to a witness was sentenced on September 22, 2014, by U.S. District Judge Charles B. Kornmann.
Nickolas J. Berbos, age 53, was sentenced to 5 years of probation, and ordered to pay a $250,000 fine and a $100 assessment to the Federal Crime Victims Fund. Prior to sentencing, Berbos had served almost three months in custody for violating his bond.
Berbos was originally indicted by a federal grand jury on August 21, 2013, for three counts of False Crop Insurance Claim. He pled guilty to a Superseding Information on June 9, 2014, charging him with Illegal Gratuity to a Witness.
In November 2013, Berbos initiated a conversation with Todd Daniels, one of his employees. During that conversation, Berbos promised to give Daniels additional employment benefits if Daniels would tell investigators and testify in court that Daniels did not run the air seeder on Berbos’ farm during the time period covering some of Berbos’ disputed crop applications. The issue of who was running the air seeder and the accuracy of the air seeder’s numbers was a material issue to the prosecution of the underlying case against Berbos.
This case was investigated by United States Department of Agriculture - Office of Investigations. Assistant U.S. Attorneys Thomas J. Wright and Ann M. Hoffman 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 September 23, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
John Miller, age 25, was sentenced to 3 years in custody, 36 months of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Miller was one of nine men who were arrested and federally indicted as a result of an undercover sex trafficking operation conducted during the 2013 Sturgis Motorcycle Rally, targeting persons willing to pay to have sex with underage girls obtained through the Internet. All nine men were indicted for Commercial Sex Trafficking.
The conviction stemmed from Miller responding to a Craigslist.com advertisement posted by Division of Criminal Investigation undercover agents, which purported to offer young girls for sex. Following several emails with a person Miller believed to be associated with a 13-year old girl, but who in fact was an undercover agent, he proceeded to negotiate the time and place they would meet, along with the price he would pay, which was $150.
The undercover operation and arrests were a joint effort between the South Dakota Division of Criminal Investigation, the Federal Bureau of Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Sarah Collins prosecuted the case.
Miller was immediately turned over to the custody of the U.S. Marshals Service.
Porcupine Man Indicted on Child Pornography ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Porcupine, South Dakota, man has been indicted by a federal grand jury for Receipt of Child Pornography and Possession of Child Pornography.
Jefferson Swallow, age 23, was indicted on September 22, 2014. He appeared before U.S. Magistrate Judge Veronica Duffy on September 25, 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 2014 and August 2014, at Porcupine, Swallow knowingly received and possessed computers files containing images of child pornography.
The charges are merely accusations and Swallow is presumed innocent until and unless proven guilty.
The investigation was conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs Office of Justice Services. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.
Swallow was detained pending trial. A trial date has not been set.
Pine Ridge Woman Sentenced for Theft from Indian Tribal OrganizationRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, woman convicted of Theft from Indian Tribal Organization was sentenced on September 22, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Lorelei Exendine, age 44, 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 $3,214.57.
Exendine was indicted for Theft from Indian Tribal Organization by a federal grand jury on August 27, 2013. She pled guilty on June 2, 2014.
In December 2009, Exendine was serving as president of the Northern Great Plains Emergency Medical Services Association. In that capacity, she planned a conference for emergency medical service providers to be held in Rapid City. The Oglala Sioux Tribe Ambulance Service, an entity of the Oglala Sioux Tribe (OST), had agreed to co-sponsor the conference. Registration fees totaling over $3,000 were sent directly to Exendine, who kept the money for herself instead of sending it to the OST.
This case was investigated by the Federal Bureau of Investigations. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Pierre Man Charged with Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pierre, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Darrell Jerome Anderson, age 43, was indicted on September 16, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on September 22, 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.
The Indictment alleges that between June 1, 2014, and August 12, 2014, Anderson, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under state law, failed to register and update his registration.
The charge is merely an accusation and Anderson is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Anderson was released on bond pending trial. A trial date has not been set.
Norris Man Sentenced for Two Counts of Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that a Norris, South Dakota, man convicted of two counts of Assault with a Dangerous Weapon was sentenced on September 23, 2014, by U.S. District Judge Roberto A. Lange.
Chauncy Crow Dog, age 20, was sentenced to 42 months in custody, 2 years of supervised release, restitution, and a $200 special assessment to the Federal Crime Victims Fund.
Crow Dog was indicted by a federal grand jury on August 21, 2013, and pled guilty on June 17, 2014.
The convictions arose from an incident that took place on August 14, 2013, at the Paul Mart Store in Rosebud. The two victims engaged in an argument and physical confrontation with Crow Dog and another person. Crow Dog retrieved a baseball bat and struck both men, knocking them to the ground. Neither victim had a weapon. While the victims were down and on the ground, Crow Dog delivered blows to their backs and to their heads. Crow Dog’s friends told him to stop, but he did not. The victims were seriously injured.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation. The case was prosecuted by Assistant U.S. Attorney Tim Maher.
Crow Dog was remanded to the custody of the U.S. Marshals Service to begin serving his sentence.
Norris Man Sentenced for Sexual Abuse of A MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that a Norris, South Dakota, man convicted of Sexual Abuse of a Minor was sentenced on September 22, 2014, by U.S. District Judge Roberto A. Lange.
Arnold Eagle Bear, Jr., age 32, was sentenced to 27 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Also, Eagle Bear cannot have contact with minors, shall register as a sex offender, and participate in a sex offender program.
Eagle Bear was indicted by a federal grand jury on April 22, 2014. He pled guilty on June 30, 2014.
The conviction stems from incidents between November 1, 2013, and December 31, 2013, when Eagle Bear used his computer to communicate with underage girls. He misrepresented his age as being 18 or 19 when he spoke with a minor female. They later met at her house and had sexual intercourse. He knew it was wrong but believed girls would not talk to him if they knew his real age.
This case was investigated by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Timothy M. Maher prosecuted the case.
Eagle Bear was immediately turned over to the custody of the U.S. Marshals Service.
Mobridge Man Charged with Assaulting, Resisting, or Impeding A Federal Officer Involving Physical ContactRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mobridge, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, or Impeding a Federal Officer Involving Physical Contact.
Ed Charles LeClair, IV, age 22, was indicted on September 16, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on September 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 on or about July 27, 2014, LeClair forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with a Dewey County Deputy Sheriff while he was assisting federal law enforcement officers. They were all engaged in the performance of their official duties.
The charge is merely an accusation and LeClair is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services and the Dewey County Sheriff’s Office. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.
LeClair was released on bond pending trial. A trial date has not been set.
Mission Man Sentenced for First Degree BurglaryRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of First Degree Burglary was sentenced on September 23, 2014, by U.S. District Judge Roberto A. Lange.
Joshua Daniel Peneaux, age 19, was sentenced to 44 months in custody, 2 years of supervised release, $1,400 in restitution, and a $100 special assessment to the Federal Crime Victims Fund.
Peneaux was indicted by a federal grand jury on April 8, 2014, and pled guilty on July 14, 2014.
The conviction stems from an incident on March 30, 2014, in Mission, when Peneaux and others kicked open the door of a home in the middle of the night intending to loot the house of valuables to sell for money to buy marijuana. The homeowner became alert to the intrusion, armed himself with a firearm, and confronted the intruders. When the intruders did not get on the floor as instructed, the homeowner shot at the intruders, mortally wounding one and shooting Peneaux in the buttock. When Peneaux was taken to the hospital for treatment, a knife was found in his pants pocket.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation. The case was prosecuted by Assistant U.S. Attorney Tim Maher.
Peneaux was remanded to the custody of the U.S. Marshals Service to begin serving his sentence.
Fort Thompson Man Charged with Aggravated Sexual Abuse of A ChildRead 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 Aggravated Sexual Abuse of a Child.
Dillon Bagola, age 22, was indicted on August 13, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on September 22, 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 August 3, 2014, Bagola knowingly engaged in, and attempted to engage in, a sexual act with a child who had not attained the age of 12 years old.
The charge is merely an accusation and Bagola is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Bagola was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for October 21, 2014.
Eagle Butte Man Sentenced for Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on September 22, 2014, by U.S. District Judge Roberto A. Lange.
Seth Carter, age 20, was sentenced to 10 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Carter was indicted by a federal grand jury on February 12, 2014. He pled guilty on June 30, 2014.
The conviction stems from an incident wherein Carter failed to register as a sex offender between December 4, 2013, and February 12, 2014. He had previously been convicted of Attempted Rape in the Fourth Degree in the Sixth Circuit District Court, Stanley County, South Dakota, which requires him to register as a sex offender.
This case was investigated by the U.S. Marshals Service and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Carter was immediately turned over to the custody of the U.S. Marshals Service.
Texas Man Sentenced for Commercial Sex TraffickingRead the Press Release
United States Attorney Brendan V. Johnson announced that a Grapevine, Texas, man convicted of Commercial Sex Trafficking was sentenced on September 22, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Timothy Gravens, age 55, was sentenced to 15 years in federal prison, lifetime of supervised release, ordered to pay a $100 special assessment to the Federal Crime Victims Fund, and is to forfeit an Apple iPhone, a Canon camera, a Sony Cybershot camera, and $300 in U.S. currency. Gravens was one of nine men who were arrested and federally indicted as a result of an undercover sex trafficking operation conducted during the 2013 Sturgis Motorcycle Rally, targeting persons willing to pay to have sex with underage girls. All nine men were indicted for Commercial Sex Trafficking.
The conviction stemmed from Gravens responding to a Craigslist.com advertisement posted by Division of Criminal Investigation undercover agents, which purported to offer young girls for sex. Following several emails with a person Gravens believed to be associated with a 13-year old girl, but who in fact was an undercover agent, he proceeded to negotiate the time and place they would meet, along with the price he would pay to have sex with the young girl, which was $300.
The undercover operation and arrests were a joint effort between the South Dakota Division of Criminal Investigation, the Federal Bureau of Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s office. Assistant U.S. Attorney Sarah Collins prosecuted the case.
Gravens was immediately turned over to the custody of the U.S. Marshal's Service.
Two People from Minnesota Indicted for Sex TraffickingRead the Press Release
United States Attorney Brendan V. Johnson announced that a man and a woman from Minneapolis, Minnesota, have been indicted by a federal grand jury for Sex Trafficking by Force, Fraud and Coercion.
David Nance, age 31, and Ashley Crayton, age 26, appeared before U.S. Magistrate Judge John E. Simko on September 17, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is a mandatory minimum of 15 years in custody or a maximum of life imprisonment. There could also be a $250,000 fine, a minimum of 5 years supervised release, up to life, and restitution may also be ordered.
Sioux Falls police responded to a call from the Red Roof Inn regarding a complaint of possible prostitution activity at the hotel. Several men were observed entering and leaving a specific room in the hotel. Further investigation was conducted and the two defendants were subsequently arrested.
The charge is merely an accusation and the defendants are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Sioux Falls Police Department and U.S. Immigration and Customs Enforcement's Homeland Security Investigations. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Nance and Crayton were remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for November 25, 2014.
Sioux Falls Man Indicted for Wire FraudRead 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.
Eugene Joseph Drong, age 71, was indicted on September 9, 2014. He appeared before U.S. Magistrate Judge John E. Simko on September 16, 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 $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Drong was indicted in federal court on 21 counts of wire fraud.
The charge is merely an accusation and Drong is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Drong was released on bond pending trial. A trial date has not been set.
Sioux Falls Man Indicted for Wire FraudRead 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.
Brent Alan Fowler, age 52, was indicted on September 9, 2014. He appeared before U.S. Magistrate Judge John E. Simko on September 16, 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.
Fowler has been charged with 20 counts of wire fraud during the time period of June 2011 through December 2012.
The charge is merely an accusation and Fowler is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Fowler was released on bond pending trial. A trial date has not been set.
Rapid City Man Indicted for Firearm ViolationsRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Possession of a Firearm with Altered or Obliterated Serial Number and Possession of a Firearm by a Prohibited Person.
Moses Crowe, age 21, was indicted on May 20, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on September 15, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.
On January 8, 2014, Crowe, who has a previous domestic abuse conviction, was in possession of a firearm with the manufacturer’s serial number removed, altered and obliterated.
The charge is merely an accusation and Crowe is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Ted L. McBride is prosecuting the case.
Crowe was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rapid City Father and Daughter Indicted for Conspiring to Distribute MethamphetamineRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man and woman have been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance.
Michael Gallas, age 56, and Charissa Gallas, age 31, were indicted on August 26, 2014. Michael and Charissa appeared before U.S. Magistrate Judge Veronica L. Duffy on September 12, 2014, and September 16, 2014, respectively, and both pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $1,000,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.
Beginning no later than December of 2013, Michael Gallas and Charissa Gallas conspired with others to distribute methamphetamine in the District of South Dakota.
The charge is merely an accusation and both are presumed innocent until and unless proven guilty.
The investigation is being conducted by the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Ted L. McBride is prosecuting the case.
Michael Gallas was remanded to the custody of the U.S. Marshals Service pending trial. Charissa Gallas was released on bond pending trial. A trial date has been sent for November 18, 2014.
Oacoma Man Sentenced for Lacey Act ViolationsRead the Press Release
United States Attorney Brendan V. Johnson announced that an Oacoma, South Dakota, man charged with Lacey Act violations pled guilty to and was sentenced on September 17, 2014, by U.S. Magistrate Judge Mark A. Moreno.
Anthony Nogy, age 35, was sentenced to 1 year of unsupervised probation, a $5,000 fine, $750 in restitution to the Ontario Ministry of Natural Resources, and $25 to the Federal Crime Victims Fund.
The conviction stems from an incident that took place between September 24, 2013, and September 30, 2013, when Nogy and six friends from South Dakota and Minnesota went on a moose hunt in Ontario, Canada. While on the hunt, Nogy shot and killed a gray wolf without a license. The following day, Nogy purchased a wolf tag and had it flown to the camping site and then attached it to the wolf. At the international border, Nogy declared the moose he had killed during the trip, but failed to declare the wolf hide.
The investigation was conducted by the U.S. Fish & Wildlife Service. The case was prosecuted by Assistant U.S. Attorney Meghan N. Dilges.
Murdo Man Acquitted of Sexual Abuse ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Murdo, South Dakota, man was acquitted of Aggravated Sexual Abuse of a Child, Abusive Sexual Contact, and Sexual Abuse of a Minor, as a result of a four-day federal jury trial in Pierre, South Dakota. The trial ran September 9 through September 12, 2014.
Shannon White Buffalo, age 46, was indicted by a federal grand jury on August 21, 2013.
The charges stemmed from alleged incidents that occurred between August 2010 and December 2013, when White Buffalo allegedly sexually abused three different minor victims in Mellette County.
The investigation was conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. The U.S. Attorney's Office prosecuted the case.
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, Assault with a Dangerous Weapon, and Assault Resulting in Substantial Bodily Injury to an Intimate Partner.
Vincent Abraham Battese, age 27, was indicted on September 9, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on September 16, 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 September 1, 2014, Battese unlawfully assaulted a female victim by strangling and suffocating her. He also assaulted her with shod feet, which resulted in substantial bodily injury.
The charge is merely an accusation and Battese 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.
Battese was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Jury Finds Wakpala Man Guilty of Second Degree Murder, Four Counts of Sexual Abuse of A Minor, and Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that Stoney End Of Horn, age 36, of Wakpala, South Dakota, was convicted of Second Degree Murder, four counts of Sexual Abuse of a Minor, and Assault Resulting in Serious Bodily Injury, following a four-day jury trial in Pierre, South Dakota. The verdict was returned on September 12, 2014.
These charges carry a maximum penalty of up to life in custody and/or a $250,000 fine. The jury also found End Of Horn not guilty of one count of Sexual Abuse of a Minor.
End Of Horn was initially charged in two separate indictments, but the charges were consolidated for trial. End Of Horn was first indicted by a federal grand jury on June 12, 2013, for one count of Aggravated Sexual Abuse of a Child and five counts of Abusive Sexual Contact of a Minor. The second indictment was on September 17, 2013, when End of Horn was charged by a federal grand jury for Second Degree Murder and Assault Resulting in Serious Bodily Injury.
The Second Degree Murder and Assault Resulting in Serious Bodily Injury convictions arose out of the same incident, which occurred in September 2008 near Wakpala, when End Of Horn assaulted the victim, which eventually led to her death. The assault in 2008 caused multiple facial fractures and internal injuries to the victim’s brain. The surgeon that repaired the victim’s face described the bones as “busted up so bad they were like a bag of potato chips.” These injuries caused the victim to have a cerebellar infarction on February 9, 2010. The evidence at trial established that the victim never recovered from the cerebellar infarction and died at Triumph Long-Term Care Hospital in Mandan, North Dakota, on June 25, 2010.
End Of Horn’s Sexual Abuse convictions arose from incidents in 2009 and 2010, when End Of Horn, who had previously been convicted in South Dakota State Court for Possession, Manufacturing, and Distributing Child Pornography, knowingly engaged in and attempted to engage in sexual acts with a minor in Wakpala.
End Of Horn’s cases were investigated by the Federal Bureau of Investigation, Bureau of Indian Affairs, Standing Rock Agency, National Park Service, and the Mobridge Police Department. The cases were prosecuted by Assistant U.S. Attorneys Troy Morley and Mikal Hanson.
A presentence investigation was ordered, and a sentencing date was set for December 8, 2014.
End Of Horn was remanded to the custody of the U.S. Marshals Service to await his sentencing.
Eagle Butte Man Sentenced for Assaulting His Common-Law WifeRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man convicted of Domestic Violence Assault by Striking, Beating and Wounding, was sentenced on September 17, 2014, by U.S. Magistrate Judge Mark A. Moreno.
Harold Picotte III, age 40, was sentenced to 18 months of probation, 6 months of home confinement, and a $25 special assessment to the Federal Crime Victims Fund.
Picotte was indicted for Assault by Strangulation by a federal grand jury on May 13, 2014. He pled guilty to Assault by Striking, Beating and Wounding on July 17, 2014. The conviction arose from an incident on February 20, 2014, at Eagle Butte, when Picotte got into an argument with the victim, a woman with whom he was cohabitating. Subsequent to the verbal argument, Picotte struck, beat, and wounded the victim, his common-law wife, with whom he has lived as a spouse for several years.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Eagle Butte Man Sentenced for Assaulting A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man charged with Assaulting, Resisting and Impeding a Federal Officer pled guilty and was sentenced on September 15, 2014, by U.S. Magistrate Judge Mark A. Moreno.
Cleveland Buckman, age 37, was sentenced to 12 months in custody, 1 year of supervised release, and $25 to the Federal Crime Victims Fund.
The conviction stems from an incident that took place on June 3, 2014, when Buckman forcibly assaulted a Cheyenne River Sioux Tribal Officer while the officer was engaged in the performance of his official duties.
The investigation was conducted by the Cheyenne River Sioux Law Enforcement Division. The case was prosecuted by Assistant U.S. Attorney Mikal Hanson.
Buckman was remanded to the custody of the U.S. Marshals Service to begin serving his sentence.
Wagner Man Sentenced to 87 Months for Drug OffenseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Wagner, South Dakota, man convicted of Conspiracy to Distribute Methamphetamine was sentenced on September 8, 2014, by Judge Karen E. Schreier.
Julian Lee Winckler, age 39, was sentenced to 87 months in custody, three years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Winckler was indicted for Conspiracy to Distribute Methamphetamine by a federal grand jury on December 3, 2013. He pled guilty on June 12, 2014.
In 2013, Winckler was involved in a conspiracy to distribute methamphetamine on the Yankton Sioux Reservation. He sold methamphetamine to a confidential source.
This case was investigated by the Federal Bureau of Investigation, South Dakota Division of Criminal Investigation, Bureau of Indian Affairs, and the Charles Mix County Sheriff’s Office. Special Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
Winckler was remanded to the custody of the U.S. Marshals Service to begin serving his sentence.
St. Francis Man Sentenced for Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on September 8, 2014, by U.S. District Judge Roberto A. Lange.
Damien Little Elk, age 36, was sentenced to 37 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Little Elk was indicted for Assault Resulting in Serious Bodily Injury and Assault with a Dangerous Weapon by a federal grand jury on February 12, 2014. He pled guilty to Assault with a Dangerous Weapon on June 17, 2014.
On January 8, 2014, Little Elk was drinking alcohol and arguing with the victim. Little Elk hit and kicked the victim in the abdomen, torso, and legs with shod feet.
This case was investigated by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Tim Maher prosecuted the case.
Little Elk was immediately turned over to the custody of the U.S. Marshals Service.
Pine Ridge Woman Indicted for LarcenyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, woman has been indicted by a federal grand jury for Larceny.
Candace Hill, age 43, was indicted on August 26, 2014. She appeared before U.S. Magistrate Judge Veronica L. Duffy on September 9, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Hill stealing cash and funds belonging to Pinky’s Store in Manderson between September and December 2013.
The charge is merely an accusation and Hill is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Hill was released on bond pending trial. A trial date has been set for November 18, 2014.
McLaughlin Man Sentenced for Felon in Possession of AmmunitionRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man convicted of Felon in Possession of Ammunition was sentenced on September 8, 2014, by U.S. District Judge Roberto A. Lange.
Byron Hawk Bear, Sr., age 38, was sentenced to 60 months in custody with credit for 178 days served, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. The Court also ordered forfeiture of an Astra .357 caliber revolver and ammunition.
Hawk Bear was indicted by a federal grand jury on March 11, 2014. He pled guilty to the Indictment on June 16, 2014.
The conviction arose from a January 16, 2014, incident in Mobridge when police officers responded to a call to assist a Department of Social Services worker gain entry to an apartment. The apartment manager opened the door and the police officers found Hawk Bear, a convicted felon, hiding in a bedroom closet inside the apartment. They also found a red duffel bag that contained a .357 caliber revolver and .357 caliber shells. Additional shells were found in a pocket of Hawk Bear’s pants.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Mobridge Police Department. Assistant U.S. Attorney Jay Miller prosecuted the case.
Hawk Bear was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.
Fort Thompson Man Charged with Three Counts of AssaultRead 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 Resulting in Serious Bodily Injury, and Assault Resulting in Substantial Bodily Injury to an Intimate Partner.
Calvin Bagola, age 27, was indicted on August 19, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on September 8, 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 February 13, 2014, Bagola unlawfully assaulted an adult female victim with a dangerous weapon, and as a result, the victim suffered serious bodily injury.
The charges are merely accusations and Bagola 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.
Bagola was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Emery Woman Pays $60,000 for Defrauding GovernmentRead the Press Release
United States Attorney Brendan V. Johnson announced that the United States reached a settlement with an Emery, South Dakota, woman in a civil case involving false claims.
Jolene K. Schulz, 57, was a property manager for several low income housing projects. From 2006 through 2010, Schulz entered false information on reports for projects she managed and submitted those documents to the United States Department of Agriculture (USDA) Rural Housing Program (RD). USDA-RD made direct loans to these housing projects and provided interest credit, rental assistance subsidies, and management fees based on information Schulz submitted.
Schulz was previously indicted by a grand jury in 2012 and pled guilty for Use of A False Document (Class D felony) 18 U.S.C. § 1001(a)(3). (See, United States v. Jolene K. Schulz; 12CR40044-1). A criminal judgment was entered against Schulz on July 15, 2013, ordering her, in part, to make restitution in the amount of $38,814.09 to the housing projects.In addition to the criminal restitution, the United States reached a civil settlement with Schulz, and on September 8, 2014, she paid the government $60,000 to settle claims under the False Claims Act, 31 U.S.C. §§ 3729-3733; and the Program Fraud Civil Remedies Act, 31 U.S.C. §§ 3801-3812.
The False Claims Act imposes civil 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 false claim or 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 up to three times the amount of damages which the government sustained.
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, and it works with various law enforcement agencies to identify and investigate these matters.
The investigation in this case was conducted by the USDA, Office of Inspector General. Assistant U.S. Attorneys John E. Haak and Cheryl Schrempp DuPris prosecuted the criminal and civil cases respectively.
Eagle Butte Man Sentenced for Abusive Sexual ContactRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man convicted of Abusive Sexual Contact by Force was sentenced on September 9, 2014, by U.S. District Judge Roberto A. Lange.
Brad Lee Red Bear, age 24, was sentenced to 120 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Red Bear was indicted for Aggravated Sexual Abuse by Force by a federal grand jury on February 12, 2014. He pled guilty to Abusive Sexual Contact by Force on June 18, 2014.
The conviction arose from an incident on December 25, 2013, at Eagle Butte, when Red Bear knowingly caused the minor victim to engage in sexual contact with him after hitting the victim in the head with a bottle.
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.
Red Bear was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.