District of South Dakota
Press releases recorded for this federal judicial district.
Pine Ridge Man Indicted for Possession of Firearm by A Prohibited PersonRead 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 Possession of Firearm by a Prohibited Person.
Jonathan Lee Twiss, age 30, was indicted on August 26, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on September 5, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is ten 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 Twiss knowingly possessing a .45 caliber pistol on March 20, 2014, near Pine Ridge, after having been convicted of one or more crimes punishable by imprisonment for more than one year.
The charge is merely an accusation and Twiss 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.
Twiss was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for November 4, 2014.
Pine Ridge Man Charged with Aggravated Sexual Abuse by ForceRead 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 Aggravated Sexual Abuse by Force and Sexual Abuse.
Ryan Bissonette, age 33, was indicted on June 17, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on September 5, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is life imprisonment and/or a $250,000 fine, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Bissonette forcefully engaging in a sexual act with a female, who was physically incapable of declining participation, on August 8, 2013, near Pine Ridge.
The charges are merely accusations and Bissonette 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.
Bissonette was released on bond pending trial. A trial date has been set for November 4, 2014.
Assistant U.S. Attorney Kevin Koliner Receives Prestigious National AwardRead the Press Release
United States Attorney Brendan V. Johnson announced that Kevin Koliner, an Assistant U.S. Attorney and Appellate Chief for the District of South Dakota, has received the Top Prosecutor Award by Women in Federal Law Enforcement (WIFLE) for his work in Human Trafficking. Koliner received the national award at the WIFLE Foundation’s Fifteenth Annual Leadership Training August 25-27, 2014, at the Omni Shoreham Hotel in Washington D.C. WIFLE is a not for profit organization working to promote the value that women bring to law enforcement.
The Top Prosecutor Award recognizes one career federal prosecutor for exemplary achievements in prosecutions of federal crimes involving trafficking of women or children, trafficking of human beings for forced labor, commission of crimes of violence against women or a minority group, a civil rights violation, any terrorist-related violation against the United States, or commission of any corporate or government fraud. Koliner was specifically commended for his prosecution of human trafficking cases. He is the first male to receive the award.
“Kevin Koliner is among the most tenacious federal prosecutors when seeking justice for victims of human trafficking,” said U.S. Attorney Johnson. “Kevin has been a devoted, passionate, and successful leader on these cases, and it is very fitting that WIFLE has honored him with their top prosecutor award,” added Johnson.
Over the past several years, Koliner has successfully prosecuted five separate sex trafficking cases that each involved defendants preying on multiple girls and young women. Three of those men—Brandon Thompson, Carl Campbell, and Mohammed Alaboudi—received life sentences. Two others, Emmanuel Nyuon and Tajahn Clinton, were sentenced to 30 years and 33 ½ years respectively. The cases have involved defendants using manipulation, violent force, and coercion to lure and keep victims. Many of the victims have been minors, addicted to drugs, homeless, or mentally deficient.
“I’m most proud that South Dakota has become a leader nationwide, and this award acknowledges that. Our example is all about local, state, and federal law enforcement working collaboratively and prioritizing these cases,” Koliner said. “I’m very humbled and honored to receive this award, but these cases are a team effort, and I’m just one member of the team.”
Koliner frequently provides human trafficking training to groups and organizations throughout the country. Koliner is originally from Yankton and has been with the U.S. Attorney’s Office since 2006.
Two Sioux Falls Men Sentenced for Possession and Distribution of Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that two Sioux Falls, South Dakota, men have been sentenced by U.S. District Judge Roberto A. Lange on controlled substance charges.
Dalton Rogers and Ryan Quarve, both age 21, were indicted by a federal grand jury on January 15, 2014, for Possession with Intent to Distribute a Controlled Substance.
Rogers pled guilty to Possession with Intent to Distribute a Controlled Substance on June 3, 2014. On June 4, 2014, Quarve pled guilty to Possession of a Controlled Substance.
On August 29, 2014, Rogers was sentenced to 45 days in custody, with 2 years of supervised release to follow, and a $100 special assessment to the Federal Crime Victims Fund. Quarve was previously sentenced on June 4, 2014, to 1 month in custody, to be followed by 12 months of supervised release, and a $25 special assessment to the Federal Crime Victims Fund. Both men were ordered to pay a $1,000 fine.
The convictions arose as the result of an October 18, 2013, traffic stop in Lyman County by the South Dakota Highway Patrol of a vehicle occupied by Rogers and Quarve. During a subsequent search of the vehicle, the trooper discovered 10 packages of marijuana, approximately 1-pound each, and 30 vials (30.45 grams) of hashish. Both are Schedule I drugs.
The investigation was conducted by the South Dakota Highway Patrol and the Northern Plains Safe Trails Drug Enforcement Task Force. The case was prosecuted by Assistant U.S. Attorney Jay Miller.
Quarve was remanded to the custody of the U.S. Marshals Service to begin serving his sentence. Rogers has been allowed to self-report to the custody of the U.S. Marshals Service on October 1, 2014.
Interior Man Found Guilty of Assault on A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that Justin Janis, age 21, of Interior, South Dakota, was found guilty of Assault on a Federal Officer as a result of a federal jury trial in Rapid City, South Dakota. The verdict was returned on August 28, 2014.
The charge carries a maximum penalty of 8 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.
On November 27, 2013, Oglala Sioux Tribe law enforcement was called to a residence on the Pine Ridge Indian Reservation where Janis and other adults were intoxicated. Oglala Sioux Tribe Department of Public Safety Corporal Ann Mousseau responded to the residence, where a woman met Cpl. Mousseau near the front door and unlocked it for her. Janis blocked Cpl. Mousseau from entering by pushing on the door, calling for another male to help him. Once the door was re-opened, Janis came toward Cpl. Mousseau with his hands up. There was a struggle, during which Janis struck Cpl. Mousseau on the right side of her throat, but she was able to continue her attempts to subdue him. Cpl. Mousseau went to the hospital that evening for treatment.
Cpl. Mousseau is a federal law enforcement officer employed by the Oglala Sioux Tribe Department of Public Safety.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorneys Kathryn N. Rich and Eric Kelderman prosecuted the case.
A presentence investigation was ordered and a sentencing date was set for December 17, 2014. The defendant was remanded to the custody of the U.S. Marshals Service.
Rapid City Man Charged with EscapeRead 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 Escape from Custody.
Benjamin Kitteaux, age 28, was indicted on August 26, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on August 27, 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 a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Kitteaux escaping from the Community Alternatives of the Black Hills in August 2014,where he was serving the remainder of a federal sentence.
The charge is merely an accusation and Kitteaux is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Ben Patterson is prosecuting the case. Kitteaux was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Pierre Man Sentenced for Conspiracy to Distribute A Controlled Substance Near A SchoolRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pierre, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance Near a School was sentenced on August 28, 2014, by U.S. District Judge Roberto A. Lange.
Juan Howell, age 29, was sentenced to 33 months in custody, 4 years of supervised release, a $1,000 fine, and a $100 special assessment to the Federal Crime Victims Fund.
Howell was indicted for Conspiracy to Distribute a Controlled Substance Near a School and Distribution of a Controlled Substance Near a School by a federal grand jury on December 10, 2013. He pled guilty to Conspiracy to Distribute a Controlled Substance Near a School on May 12, 2014.
The conviction arose from an incident that occurred on January 1, 2012, when Howell knowingly and intentionally combined, conspired, confederated and agreed with others known and unknown to distribute marijuana, a Schedule I controlled substance, within 1,000 feet of an elementary school.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Jay Miller prosecuted the case.
Howell was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.
Mission Man Sentenced for Burglary of Post OfficeRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of Burglary of a Post Office was sentenced on August 28, 2014, by U.S. District Judge Roberto A. Lange.
Jesse Robinson, age 27, was sentenced to 6 months in custody, 2 years of supervised release to include 6 months of home confinement, $888.96 in restitution, and a $100 special assessment to the Federal Crime Victims Fund.
Robinson was indicted for Burglary of a Post Office and Theft of Mail by a federal grand jury on August 21, 2013. He pled guilty to Burglary of a Post Office on May 27, 2014.
The conviction arose from an incident that occurred in June 2013 when Robinson used a crowbar to pry open a window on the front of the U.S. Post Office in Mission. Once he was inside, Robinson took four first class COD envelopes addressed to other individuals that contained mail-ordered prescription medication.
This case was investigated by the U.S. Post Office and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Robinson will report to the U.S. Marshals Service on September 2, 2014, to begin serving his sentence.
Eagle Butte Man Sentenced for Aggravated Sexual Abuse of A MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man convicted of Aggravated Sexual Abuse of a Minor was sentenced on August 28, 2014, by U.S. District Judge Roberto A. Lange.
Kendahl Clown, age 21, was sentenced to 18 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Clown was indicted for Aggravated Sexual Abuse of a Minor by a federal grand jury on March 11, 2014. He pled guilty on May 12, 2014.
The conviction arose from an incident that occurred during the summer of 2013 when Clown, who was 20 at the time, and the victim, who was 15, engaged in a sexual act. At the time of the sexual act, Clown knew that the victim was under the age of 16 and was more than 4 years younger than he was.
The Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Division investigated this case. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Clown was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.
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 August 28, 2014, by U.S. District Judge Roberto A. Lange.
Justin Robert LeBeau, age 41, was sentenced to 42 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
LeBeau was indicted for Aggravated Sexual Abuse of a Child by a federal grand jury on September 17, 2013. He pled guilty on March 24, 2014.
LeBeau’s conviction is the result of incidents that occurred near Ridgeview between January 19, 1995, and January 18, 1996, when LeBeau knowingly engaged in a sexual act with the victim, who was under the age of 12.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
LeBeau was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.
Spearfish Woman Indicted for Unlawfully Receiving Social Security PaymentsRead the Press Release
United States Attorney Brendan V. Johnson announced that a Spearfish, South Dakota, woman has been indicted by a federal grand jury for Supplemental Security Income Benefits Fraud and False Statement.
Linda Lee Anderson, age 66, was indicted on August 26, 2014. She appeared before U.S. Magistrate Judge Veronica L. Duffy on August 27, 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 $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Anderson fraudulently receiving Social Security Supplemental Security Income payments between 2010 and 2012 by making false statements to the Social Security Administration.
The charges are merely accusations and Anderson is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Department of Social Security, Office of the Inspector General. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.
Anderson was released on bond pending trial. A trial date has been set for November 4, 2014.
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 Receipt of Child Pornography and Possession of Child Pornography.
Andrew Hiipakka, age 27, was indicted on August 26, 2014. He appeared before U.S. Magistrate Judge John E. Simko on August 27, 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 November 2013 and August 2014, at Rapid City, Hiipakka knowingly received and possessed computers files containing images of child pornography.
The charges are merely accusations and Hiipakka is presumed innocent until and unless proven guilty.
The investigation was conducted by the South Dakota Internet Crimes Against Children Taskforce. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.
Hiipakka was released pending trial, with conditions limiting his use of the Internet and contact with children. A trial date has not been set.
St. Francis Man Charged with Possession of A Firearm by A Prohibited PersonRead the Press Release
United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota, man has been indicted by a federal grand jury for Possession of a Firearm by a Prohibited Person.
Cody James Horse Looking, age 29, was indicted on August 19, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about February 15, 2014, Horse Looking, having previously been convicted of a misdemeanor crime of domestic violence, knowingly possessed a firearm, which had been shipped and transported in interstate and foreign commerce.
The charge is merely an accusation and Horse Looking is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Timothy M. Maher is prosecuting the case.
Horse Looking was released on bond pending trial. A trial date has not been set.
McLaughlin Man Charged with Abusive Sexual Contact of A MinorRead 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 Abusive Sexual Contact of a Minor.
Patrick Red Legs, age 20, was indicted on August 19, 2014. He appeared before U.S. Magistrate Judge William D. Gerdes on August 21, 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, a mandatory minimum of 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 April 1, 2014, and June 12, 2014, Red Legs did knowingly engage in, and attempt to engage in, sexual contact with a juvenile female who was at least four years younger than him.
The charge is merely an accusation and Red Legs is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Red Legs was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Man from Mexico Charged with AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mexican man has been indicted by a federal grand jury for Assault with a Dangerous Weapon, and Assaulting, Resisting and Impeding a Federal Officer.
Jorge Trujillo, age 21, was indicted on August 19, 2014. He appeared before U.S. Magistrate Judge John E. Simko on August 25, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is a 10 year mandatory minimum, up to life, in custody and/or a $250,000 fine, 5 years of supervised release, and up to $400 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about August 5, 2014, Trujillo unlawfully assaulted a juvenile male and two women with a dangerous weapon, that is, a knife and also assaulted an officer while that officer was engaged in the performance of his official duties.
The charges are merely accusations and Trujillo is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Trujillo was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Eagle Butte Man Charged with Possession of A Firearm by A Prohibited PersonRead 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 Possession of a Firearm by a Prohibited Person.
Philip Nordvold, age 36, was indicted on August 19, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 22, 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 Indictment alleges that on or about February 22, 2014, Nordvold, having previously been convicted of a crime punishable by imprisonment for more than one year, knowingly received and possessed a firearm.
The charge is merely an accusation and Nordvold 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.
Nordvold was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Eagle Butte Man Charged with Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon.
Diego Ramon Lara, age 22, was indicted on August 19, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 22, 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 Indictment alleges that on or about May 24, 2014, Lara unlawfully assaulted an adult male victim with a pickup truck with intent to do bodily harm to the victim.
The charge is merely an accusation and Lara 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.
Lara was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Dupree Man Sentenced for Assault by Striking, Beating and WoundingRead the Press Release
United States Attorney Brendan V. Johnson announced that a Dupree, South Dakota, man charged with Assault by Striking, Beating and Wounding pled guilty to the charge and was sentenced on August 26, 2014, by U.S. Magistrate Judge Mark A. Moreno.
Lester Delbert Clown, age 31, was sentenced to 1 year 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 December 11, 2013, at No Heart Housing near Eagle Butte, when Clown and the victim got into a verbal argument. The argument escalated and Clown assaulted the victim.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Mikal Hanson. Clown was remanded to the custody of the U.S. Marshals Service to begin serving his sentence.
Rapid City Man Charged with Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Patrick Black Spotted Horse, age 25, was indicted on August 19, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 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, a mandatory minimum of 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 15, 2014, and July 27, 2014, Black Spotted Horse, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under Federal Law, knowingly failed to register and update his registration.
The charge is merely an accusation and Black Spotted Horse is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Timothy M. Maher is prosecuting the case.
Black Spotted Horse was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
McLaughlin Man Charged with Sexual Abuse of A MinorRead 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 Sexual Abuse of a Minor.
Zaken Spotted Horse, age 19, was indicted on August 19, 2014. He appeared before U.S. Magistrate Judge William D. Gerdes on August 21, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 15 years in custody and/or a $250,000 fine, a mandatory minimum of 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 April 20, 2014, and May 12, 2014, Spotted Horse knowingly engaged in, and attempted to engage in, a sexual act with a juvenile female who was at least four years younger than Spotted Horse.
The charge is merely an accusation and Spotted Horse is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Spotted Horse was released on bond pending trial. A trial date has not been set.
McLaughlin Man Charged with Assaulting, Resisting and Impeding A Federal OfficerRead 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 Assaulting, Resisting, and Impeding a Federal Officer.
Kirk Flying Horse, age 41, was indicted on August 19, 2014. He appeared before U.S. Magistrate Judge William D. Gerdes on August 21, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about July 25, 2014, Flying Horse forcibly assaulted a federal law enforcement officer with a dangerous weapon while the officer was engaged in the performance of his official duties.
The charge is merely an accusation and Flying Horse is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Flying Horse was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Former Oglala Sioux Tribe Police Officer Indicted for Excessive ForceRead the Press Release
United States Attorney Brendan V. Johnson announced that a former Oglala Sioux Tribe police officer has been indicted by a federal grand jury for violating the constitutional rights of a man in her custody by repeatedly using her Taser on him without justification.
Rebecca M. Sotherland, a/k/a Becky Sotherland and Becki Sotherland, age 32, was indicted on August 26, 2014, for Deprivation of Rights Under Color of Law and Assault with a Dangerous Weapon.
The maximum penalty upon conviction is 10 years’ imprisonment and/or a $250,000 fine, 3 years of supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.The Indictment alleges that on August 15, 2014, Sotherland, while acting under color of law, repeatedly deployed a Taser on the victim causing bodily injury to the victim. The alleged offense took place in Manderson, South Dakota.
The charges are merely accusations and Sotherland 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 Federal Bureau of Investigation. Assistant U.S. Attorneys Sarah Collins and Kevin Koliner are prosecuting the case, with assistance from Jared Fishman with the Civil Rights Division of the Department of Justice.
Rapid City Man Sentenced for Hiring Alien WorkersRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of Continuing Unlawful Employment of Aliens was sentenced on August 15, 2014, by U.S. District Judge Karen E. Schreier.
Benjamin Munoz-Botello, age 49, was sentenced and ordered to pay a $3,000 fine and a $10 special assessment to the Federal Crime Victims Fund.
Between January 2008 and February 2010, while owner of the El Ranchito Mexican Restaurant, Munoz-Botello knowingly employed illegal aliens to work at the restaurant.
The investigation was conducted by U.S. Immigration and Customs Enforcement's Homeland Security Investigations (HSI), in cooperation with the U.S. Forest Service, Rapid City Police Department, Pennington County Sheriff's Office, and other federal and state law enforcement agencies. The case was prosecuted by Assistant U.S. Attorney Sarah B. Collins.
Mission Man Sentenced for Misprision of A FelonyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of Misprision of a Felony was sentenced on August 11, 2014, by U.S. District Judge Roberto A. Lange.
Na’pe Young, age 34, was sentenced to 15 months in custody, 1 year of supervised release, $1,135.80 in restitution to the Rosebud Elderly Affairs Program, and a $100 special assessment to the Federal Crime Victims Fund.
Young was indicted for First Degree Burglary, Assault with a Dangerous Weapon, and Assault Resulting in Serious Bodily Injury by a federal grand jury on March 11, 2014. He pled guilty to a Superseding Information charging him with Misprision of a Felony on May 29, 2014.
The conviction stems from an incident that took place on July 2, 2013, when two men walked to the home of the victim. After a verbal altercation started, one of the men struck the victim on the head and in the face with his fists. Young was present during the assault. After the assault was over, Young concealed it from tribal and federal law enforcement officers and did not report the assault to a judge or other person in civil authority under the United States.
This case was investigated by Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Timothy M. Maher prosecuted the case.
Young was immediately turned over to the custody of the U.S. Marshals Service.
Michigan Man Sentenced for Failure to Pay Child SupportRead the Press Release
United States Attorney Brendan V. Johnson announced that a Bessimer, Michigan, man charged with Failure to Pay Child Support pled guilty and was sentenced on August 11, 2014, by U.S. District Judge Roberto A. Lange.
Daryl Ready, a/k/a Nick D. Ready, age 55, was sentenced to 5 years of probation, ordered to pay $29,900.59 in restitution and a $100 special assessment to the Federal Crime Victims Fund.
Ready was indicted by a federal grand jury on September 10, 2013.
The conviction stems from Ready’s failure to pay child support from about July 1, 2009 through May 2014.
This case was investigated by the Department of Health and Human Services. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Eagle Butte Woman Charged with Theft from an Indian Tribal OrganizationRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, woman has been indicted by a federal grand jury for Theft from an Indian Tribal Organization.
Rhonda Uses Many, age 47, was indicted on March 11, 2014. She appeared before U.S. Magistrate Judge Mark A. Moreno on August 14, 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.
Uses Many is alleged to have willfully and unlawfully stolen, embezzled, misapplied and converted to her own use over $1,000 of the monies, funds and assets belonging to the Cheyenne River Sioux Bingo Hall in February 2012. The charges are merely an accusation and Uses Many is presumed innocent until and unless proven guilty.The investigation is being conducted by the Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.
Uses Many was released on bond pending trial. Trial has not been set.
Eagle Butte Man Sentenced for Assaulting, Resisting and Impeding A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man convicted of Assaulting a Federal Officer was sentenced on August 12, 2014, by U.S. District Judge Roberto A. Lange.
William Pay Pay, age 52, was sentenced to 12 months and 1 day of custody, 18 months of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Pay Pay was indicted by a federal grand jury on February 12, 2014, and pled guilty on May 29, 2014, to Assaulting, Resisting and Impeding a Federal Officer.
The conviction arose from a December 2013 incident when Pay Pay forcibly resisted arrest by a Cheyenne River Sioux Tribal Police Officer, resulting in physical contact with the officer. The physical contact occurred while the officer was employed by the Cheyenne River Sioux Tribe Police Department, under contract with the Bureau of Indian Affairs.The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Division. The case was prosecuted by Assistant U.S. Attorney Mikal Hanson.
Pay Pay was remanded to the custody of the U.S. Marshals Service to begin serving his sentence.
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.
Steven Whiteman, Jr., age 44, was indicted on July 15, 2014. He appeared before U.S. Magistrate Judge William D. Gerdes on August 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, a mandatory minimum period of supervised release of at least 5 years, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between May 9, 2014, and May 25, 2014, Whiteman, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under federal law, knowingly failed to register and update his registration while residing in South Dakota.
The charge is merely an accusation and Whiteman 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.
Whiteman was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for October 21, 2014.
Wisconsin Man Pleads Guilty to Transportation for ProstitutionRead the Press Release
United States Attorney Brendan V. Johnson announced that Thomas Alexander Roberts, age 34, of Milwaukee, Wisconsin, appeared before U.S. District Judge Karen E. Schreier on August 14, 2014, and pled guilty to one count of an Indictment that charged him with Transportation for Prostitution.
The maximum penalty upon conviction is 10 years in prison, a $250,000 fine, and restitution.
In November 2013, Roberts traveled from Milwaukee to Sioux Falls and brought two women with him to engage in prostitution. Police discovered Roberts’ involvement after he placed advertisements on the Internet for prostitution.
The investigation was conducted by the Sioux Falls Police Department and the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Jeffrey C. Clapper.
A presentence investigation was ordered and a sentencing date was set for November 3, 2014. The defendant was remanded to the custody of the U.S. Marshals Service pending sentencing.
South Dakota Man Sentenced for Aggravated Sexual Abuse of A ChildRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lake Andes, South Dakota, man convicted of Aggravated Sexual Abuse of a Child was sentenced on August 11, 2014, by U.S. District Judge Roberto A. Lange.
Sylvan Godfrey, age 51, was sentenced to 360 months of custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Godfrey was indicted by a federal grand jury on July 17, 2013. He was found guilty of the above charge as a result of a federal jury trial in Pierre, South Dakota, on May 28, 2014.
At some point between May 2006 and November 2007, Godfrey sexually abused a girl who was under 12 years of age.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Timothy M. Maher prosecuted the case.
Godfrey was immediately turned over to the custody of the U.S. Marshals Service.
Selby Man Charged with Sexual Exploitation of A Child and Distribution of Material Involving the Sexual Exploitation of MinorsRead the Press Release
United States Attorney Brendan V. Johnson announced that a Selby, South Dakota, man has been indicted by a federal grand jury for Sexual Exploitation of a Child and Distribution of Material Involving the Sexual Exploitation of Minors.
Christopher R. Jansen, age 34, was indicted on August 13, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 19, 2014, and pled not guilty to the Indictment.
For Sexual Exploitation of a Child, Count 1, the maximum penalty upon conviction is up to 30 years in custody, with a mandatory minimum of 15 years in custody, and/or a $250,000 fine, up to life of supervised release, and $100 to the Federal Crime Victims Fund. For Distribution of Material Involving the Sexual Exploitation of Minors, Count 2, the maximum penalty upon conviction is up to 20 years in custody, with a mandatory minimum of 5 years in custody, and/or a $250,000 fine, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Count 1 alleges that between June 2011 and December 2013, Jansen used a minor to produce visual depictions of sexually explicit conduct. Count 2 alleges that between December 2013 and July 2014, Jansen knowingly distributed visual depictions of a minor engaged in sexually explicit conduct.
The charges are merely accusations and Jansen is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, the South Dakota Division of Criminal Investigation, with assistance from the Walworth County Sheriff’s Office and the Mobridge Police Department. Assistant U.S. Attorney Tim Maher and Keith Becker, a Trial Attorney with the Child Exploitation and Obscenity Section of the Department of Justice, are prosecuting the case.
Jansen was remanded to the custody of the U.S. Marshals Service pending further hearings. A trial date has been sent for October 21, 2014.
Porcupine Woman Sentenced for AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Porcupine, South Dakota, woman convicted of Assault by Striking, Beating or Wounding was sentenced on August 4, 2014, by U.S. Magistrate Judge Veronica L. Duffy.
Cheryl Lynn Cross, age 24, was sentenced to 1 year of probation and was ordered to pay a $25 special assessment to the Federal Crime Victims Fund.
In August 2013, at Porcupine, Cross punched and scratched a minor child in the face.
The investigation was conducted by the Bureau of Indian Affairs Office of Justice Services and the Oglala Sioux Tribe Department of Public Safety. The case was prosecuted by Assistant U.S. Attorney Sarah B. Collins.
Pine Ridge Man Pleads Not Guilty to Abusive Sexual ContactRead 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 Abusive Sexual Contact.
Edwin Grass, Sr., age 29, was indicted on January 22, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on August 6, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 2 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 charge relates to Grass knowingly engaging in sexual contact with a female on June 2, 2013, at Pine Ridge, without the woman’s permission.
The charge is merely an accusation and Grass 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.
Grass was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for October 14, 2014.
Minnesota Man Found Guilty in Methamphetamine ConspiracyRead the Press Release
United States Attorney Brendan V. Johnson announced that Esteban Chavez-Cruz, age 51, of Heron Lake, Minnesota, was found guilty of Conspiracy to Distribute 500 Grams or More of Methamphetamine as a result of a federal jury trial in Sioux Falls, South Dakota. The trial began on August 12 and concluded on August 13, 2014.
The charge carries a mandatory minimum penalty of 10 years in custody and/or a $10 million fine, a mandatory minimum of 5 years of supervised release up to life, and a $100 special assessment to the Federal Crime Victims Fund.
Chavez-Cruz was indicted by a federal grand jury on February 4, 2014.
A search warrant was served on Chavez-Cruz’s Heron Lake residence on January 23, 2014. Approximately four pounds of crystal methamphetamine, approximately five pounds of marijuana, a stolen shotgun, other firearms and ammunition, and approximately $49,000 in cash were found in holes under the floorboards in the bedroom. Chavez-Cruz was selling methamphetamine to co-conspirators who sold it in South Dakota and elsewhere.
This case was investigated by the Minnesota Bureau of Criminal Apprehension, the Jackson County, Minnesota Sheriff’s Office, the South Dakota Division of Criminal Investigation, and the U.S. Drug Enforcement Administration. Assistant U.S. Attorneys John E. Haak and Jennifer D. Mammenga prosecuted the case.
A presentence investigation was ordered and a sentencing date was set for November 3, 2014. The defendant was remanded to the custody of the U.S. Marshals Service.
Little Eagle Woman Sentenced for Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that a Little Eagle, South Dakota, woman convicted of Assault with a Dangerous Weapon was sentenced on August 4, 2014, by U.S. District Judge Charles B. Kornmann.
Verinda Red Legs, age 30, was sentenced to 18 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Red Legs was indicted by a federal grand jury on November 14, 2013. She pled guilty on May 12, 2014.
The conviction stems from an incident on October 18, 2013, when following a night of drinking, Red Legs got into an argument with her husband, the victim, at their home. Red Legs chased the victim around the house and stabbed him in the abdomen. Red Legs then fled the area and law enforcement was called.
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Red Legs was immediately turned over to the custody of the U.S. Marshals Service.
Little Eagle Man Sentenced for Domestic Assault by A Habitual OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Little Eagle, South Dakota, man convicted of Domestic Assault by an Habitual Offender was sentenced on August 4, 2014, by U.S. District Judge Charles B. Kornmann.
Gary Little Bird, Jr., age 35, was sentenced to 30 months of custody, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Little Bird was indicted by a federal grand jury on March 11, 2014. He pled guilty to the Indictment on May 19, 2014.
The conviction stems from an incident on February 13, 2014, when Little Bird called the Bureau of Indian Affairs to let them know he had assaulted his girlfriend. An officer was dispatched to their home, where she noticed swelling and cuts to the victim’s lips, as well as dried blood around her nose and mouth. At the time of this incident, Little Bird had four prior convictions in Standing Rock Sioux Tribal Court, which would have been, if subject to federal jurisdiction, assaults against a spouse or intimate partner.
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Little Bird was immediately turned over to the custody of the U.S. Marshals Service.
St. Francis Man Charged with Sexual Abuse of A Minor and Making False Statement to Federal AgencyRead the Press Release
United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse of a Minor and Making False Statement to a Federal Agency.
Luke Two Eagle, age 19, was indicted on July 15, 2014. He appeared before U.S. Magistrate Mark A. Moreno on August 1, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 15 years in custody and/or a $250,000 fine, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about April 10, 2014, and April 30, 2014, Two Eagle engaged in a sexual act with a minor who had not attained the age of 16. On May 1, 2014, Two Eagle told a federal officer that the victim had left his residence, when he in fact knew this statement was not true.
The charge is merely an accusation and Two Eagle is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Tim Maher is prosecuting the case.
Two Eagle was released on bond pending trial. A trial date has been set for September 23, 2014.
Sioux Falls Man Sentenced to 41 Months for Possession with Intent to Distribute HeroinRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota, man convicted of Possession With Intent to Distribute a Controlled Substance was sentenced on August 11, 2014, by Judge Karen E. Schreier.
Denardo LaVelle Cunningham, age 40, was sentenced to 41 months in custody, three years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Cunningham was indicted by a federal grand jury on October 8, 2013, for Possession With Intent to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person. He pled guilty to Possession With Intent to Distribute a Controlled Substance on May 12, 2014.
At the time of his arrest, Cunningham was found with over 200 bags of heroin packaged for resale.
This case was investigated by the Sioux Falls Area Drug Task Force, Sioux Fall Police Department, South Dakota Division of Criminal Investigation, Drug Enforcement Administration, and Bureau of Alcohol, Firearms, Tobacco, and Explosives. Special Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
Rapid City Man Charged with Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Jeffrey Jandreau, age 35, was indicted on July 15, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 1, 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 supervised release of 5 years up to life, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between June 25, 2014, and July 1, 2014, Jandreau knowingly failed to register and update his registration.
The charge is merely an accusation and Jandreau 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.
Jandreau was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Parmelee 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 a Parmelee, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Franklin Running Horse, age 48, was indicted on July 15, 2014. He appeared before U.S. Magistrate Mark A. Moreno on July 31, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about April 10, 2014, in Todd County, Running Horse assaulted the victim with a dangerous weapon, that is, shod feet, and the assault resulted in serious bodily injury.
The charge is merely an accusation and Running Horse is presumed innocent until and unless proven guilty.The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Tim Maher is prosecuting the case.
Running Horse was remanded to the custody of the U.S. Marshal’s Service pending trial. A trial date has not been set.
Mission Woman 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 a Mission, South Dakota, woman has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Misty Swalley, age 24, was indicted on July 15, 2014. She appeared before U.S. Magistrate Mark A. Moreno on July 31, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about June 25, 2014, in Todd County, Swalley assaulted the victim with a dangerous weapon, that is a sharp edged instrument, and the assault resulted in serious bodily injury.
The charge is merely an accusation and Swalley is presumed innocent until and unless proven guilty.The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Tim Maher is prosecuting the case.
Swalley was remanded to the custody of the U.S. Marshal’s Service pending trial. A trial date has not been set.
Fort Thompson Man Charged with Assault by Strangulation and Suffocation and Domestic Assault by A Habitual OffenderRead 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 by Strangulation and Suffocation and Domestic Assault by a Habitual Offender.
Santana Drapeau, age 22, was indicted on July 15, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 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 $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about May 18, 2014, Drapeau unlawfully assaulted an adult female victim by strangling and suffocating her. Drapeau also unlawfully committed a domestic assault upon the same victim when he had a final conviction, on at least two separate prior occasions for offenses that would have been, if subject to federal jurisdiction, an assault against a spouse or intimate partner.
The charges are merely accusations and Drapeau 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.
Drapeau was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Cherry Creek Man Charged with Possession of Sawed-Off Shotgun and Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that a Cherry Creek, South Dakota, man has been indicted by a federal grand jury for Possession of a Sawed-Off Shotgun and Assault with a Dangerous Weapon.
Kelly Joe Romero, age 26, was indicted on July 17, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 30, 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.
Romero is alleged to have pulled and pointed a sawed-off shotgun at the victim in Cherry Creek in May of 2013.
The charges are merely accusations and Romero is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.
Romero was remanded to the custody of the U.S. Marshals Service. Trial has not been set.
Sturgis Sting Operation Nets Five Arrests for Sex TraffickingRead the Press Release
United States Attorney Brendan V. Johnson announced that the following five men have been arrested and federally indicted as a result of a sex trafficking undercover operation conducted during the 2014 Sturgis Motorcycle Rally, which ended August 9, 2014. All five men were indicted for Commercial Sex Trafficking and all are from out-of-state.
- Robert Clyde, age 65, of Fayetteville, North Carolina.
- Walter Curaba, age 44, of Glendora, California.
- Timithy Fielding, age 50, of Centerville, Pennsylvania.
- Phillip Holden, age 23, of Broken Bow, Nebraska.
- Alexandros Thymaras, age 32, of Calgary, Canada.
The arrests were a result of investigations by the South Dakota Internet Crimes Against Children Task Force. All of the defendants allegedly negotiated with law enforcement agents posing as pimps, and agreed to pay for sex with underage girls ranging from 12-15 years of age.
All five of the federal defendants are in the custody of the U.S. Marshals Service and made an initial appearance before a U.S. Magistrate Judge in Rapid City on August 12, 2014.
The crime of Commercial Sex Trafficking carries a mandatory minimum sentence of 10-15 years in prison up to a life maximum, and/or a $250,000 fine. The mandatory minimum prison sentence is determined by the age of the victim.
The charges are merely accusations and the defendants are presumed innocent until and unless proven guilty.
The undercover operation and arrests were a joint effort between the South Dakota Division of Criminal Investigation, the Meade County State’s Attorney’s office, Meade County Sheriff’s Office, Federal Bureau of Investigation, Rapid City Police Department, and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Sarah Collins is prosecuting the cases.
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 July 28, 2014, by U.S. District Judge Roberto A. Lange.
Rigoberto Ortiz, age 45, was sentenced to 84 months in custody, a $100 special assessment to the Federal Crime Victims Fund, and forfeiture of a .45 caliber Glock.
Ortiz was indicted by a federal grand jury on February 12, 2014, for First Degree Burglary, Assault with a Dangerous Weapon, Use of a Firearm During a Crime of Violence, and Possession with Intent to Distribute a Controlled Substance. He pled guilty to Assault with a Dangerous Weapon on May 13, 2014.
The conviction arose from a December 2013 incident when Ortiz went to the house where the two victims were present, proceeded to pound and kick at the door, and then fired a shot outside the house. The Defendant later returned to the residence, where he again pounded and kicked at the door and then fired a second shot. After forcing the door open, Ortiz entered the residence and held his weapon to the first victim’s neck/throat and then to the second victim’s forehead.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S Attorney Jay Miller.
Ortiz was remanded to the custody of the U.S. Marshals Service to begin serving his sentence.
Lower Brule 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 a Lower Brule, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Loren Lee Goodlow, a/k/a Loren Goodlow, Jr., age 25, was indicted on July 15, 2014. He appeared before U.S. Magistrate John E. Simko on July 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, 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 June 11, 2014, Goodlow assaulted an adult male victim with a dangerous weapon, resulting in serious bodily injury. The charge is merely an accusation and Goodlow 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.
Goodlow was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Lower Brule 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 a Lower Brule, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Joseph Thompson, age 23, was indicted on July 15, 2014. He appeared before U.S. Magistrate John E. Simko on July 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, 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 May 3, 2014, Thompson assaulted an adult male victim with a dangerous weapon, resulting in serious bodily injury.
The charge is merely an accusation and Thompson is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Thompson was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Selby Man Charged with Sexual Exploitation of A Child and Distribution of Material Involving the Sexual Exploitation of MinorsRead the Press Release
United States Attorney Brendan V. Johnson announced that a Selby, South Dakota, man has been charged by Criminal Complaint with the offenses of Sexual Exploitation of a Child and Distribution of Material Involving the Sexual Exploitation of Minors.
Christopher R. Jansen, age 34, made his initial appearance upon the Criminal Complaint on Monday, August 11, 2014, and appeared before U.S. Magistrate Mark A. Moreno.
For Sexual Exploitation of a Child, Count 1, the maximum penalty upon conviction is up to 30 years in custody, with a mandatory minimum of 15 years in custody and/or a $250,000 fine, up to life of supervised release, and $100 to the Federal Crime Victims Fund. For Distribution of Material Involving the Sexual Exploitation of Minors, Count 2, the maximum penalty upon conviction is up to 20 years in custody, with a mandatory minimum of 5 years in custody and/or a $250,000 fine, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Count 1 alleges that between June 2011 and December 2013, Jansen used a minor to produce visual depictions of sexually explicit conduct. Count 2 alleges that between December 1, 2013 and July 27, 2014, Jansen knowingly distributed visual depictions of a minor engaged in sexually explicit conduct.
The charges are merely an accusation and Jansen is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the South Dakota Division of Criminal Investigation, with assistance from the Walworth County Sheriff’s Office and the Mobridge Police Department. Assistant U.S. Attorney Tim Maher and Keith Becker, a Trial Attorney with the Child Exploitation and Obscenity Section of the Department of Justice, are prosecuting the case.
Jansen was remanded to the custody of the U.S. Marshals Service pending further hearings. A trial date has not been set.
Belle Fourche Man Sentenced for Commercial Sex TraffickingRead the Press Release
United States Attorney Brendan V. Johnson announced that a Belle Fourche, South Dakota, man convicted of Commercial Sex Trafficking was sentenced on July 22, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
James Eugene Larive, Jr., age 43, who was convicted following a federal jury trial in Rapid City in April, was sentenced to 10 years in custody, 8 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. Larive 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 Larive 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 Larive believed to be associated with a 15-year old girl, but who was in fact an undercover agent, he proceeded to negotiate the time and place they would meet, along with the price he would pay, which was the trade of an expensive smart phone.
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.
Larive was immediately turned over to the custody of the U.S. Marshal's Service.
Wounded Knee Man Sentenced for LarcenyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Wounded Knee, South Dakota, man convicted of Larceny was sentenced on July 30, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Eugene Hunts Horses, Jr., a/k/a Eugene Hunts Horse, age 43, was sentenced to 1 year of probation, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund and restitution in the amount of $2,200.
Hunts Horses was indicted for Larceny by a federal grand jury on February 19, 2014. He pled guilty on March 28, 2014.
The conviction stemmed from Hunts Horses and another man shooting a pregnant cow and killing it on February 9, 2013, near Manderson.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.