District of South Dakota
Press releases recorded for this federal judicial district.
Wagner Woman Sentenced to 151 Months for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Brendan V. Johnson announced that a Wagner, South Dakota, woman convicted of Conspiracy to Distribute Methamphetamine was sentenced on July 28, 2014, by U.S. District Judge Karen E. Schreier.
Brandy Angela Waetermans, age 31, was sentenced to 151 months in custody, three years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Waetermans was indicted for Conspiracy to Distribute Methamphetamine by a federal grand jury on December 3, 2013. She pled guilty to the offense on April 29, 2014.
In 2013, Waetermans was involved in a conspiracy to distribute methamphetamine on the Yankton Sioux Reservation. Waetermans sold methamphetamine to a confidential source, and after her arrest admitted to playing a significant role in the conspiracy.
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.
Waetermans was remanded to the custody of the U.S. Marshals Service.
Porcupine Man Sentenced for Abusive Sexual ContactRead the Press Release
United States Attorney Brendan V. Johnson announced that a Porcupine, South Dakota, man convicted of Abusive Sexual Contact was sentenced on July 29, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Jaron Thunder Hawk, age 21, was sentenced to 96 months in custody, 6 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Thunder Hawk was indicted for three charges of Aggravated Sexual Abuse by a federal grand jury on January 22, 2014. He pled guilty to the charge of Abusive Sexual Contact on April 3, 2014.
The conviction stems from Thunder Hawk having abusive sexual contact with young female relatives between January and August 2013 near Porcupine.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Thunder Hawk was immediately turned over to the custody of the U.S. Marshals Service.
North Dakota Man Sentenced for Abusive Sexual Contact of A MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that a Fort Yates, North Dakota, man convicted of Abusive Sexual Contact of a Minor was sentenced on July 28, 2014, by U.S. District Judge Charles B. Kornmann.
Cecil White Bull, age 41, was sentenced to 20 years in custody, 10 years of supervised release, a $15,000 fine, and a $300 special assessment to the Federal Crime Victims Fund.
White Bull was indicted by a federal grand jury on July 17, 2013. He pled guilty on April 22, 2014.
The conviction stems from incidents which occurred between November 1, 2009, and October 31, 2011, when White Bull, while residing at his mother’s house in Bullhead, sexually abused his nieces and nephew, while he helped care for all three victims.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
White Bull was immediately turned over to the custody of the U.S. Marshals Service.
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 July 28, 2014, by U.S. District Judge Roberto A. Lange.
Tyler Red Eagle, age 22, was sentenced to 10 months in custody, 1 year of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Red Eagle 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 Misprision of a Felony on May 13, 2014.
The conviction stems from an incident that took place on July 2, 2013, when Red Eagle’s co-defendants broke into the victim’s home and struck the victim repeatedly with their hands and objects. Red Eagle was present when the assault occurred. After the assault, Red Eagle concealed the assault from tribal and federal law enforcement officers.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorneys Marie H. Ruettgers and Tim Maher prosecuted the case.
Red Eagle was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Sentenced for Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on July 28, 2014, by U.S. Magistrate Judge Mark A. Moreno.
Marlow Poor Thunder, age 19, was sentenced to 47 months in custody, 2 year of supervised release, $1,135.80 in restitution, and a $100 special assessment to the Federal Crime Victims Fund.
Poor Thunder 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 Assault Resulting in Serious Bodily Injury on May 12, 2014.
The conviction stems from an incident that took place on July 2, 2013, when Poor Thunder assaulted the victim while he was asleep, hitting him with a bat while others assaulted the victim with their fists and a cane. As a result of Poor Thunder’s actions, the victim suffered a large laceration to his scalp that required staples to repair.
This case was investigated by Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorneys Marie H. Ruettgers and Tim Maher prosecuted the case.
Poor Thunder was immediately turned over to the custody of the U.S. Marshals Service.
Howes Man Sentenced for Unlawful Taking of A Bald EagleRead the Press Release
United States Attorney Brendan V. Johnson announced that a Howes, South Dakota, man charged with Unlawful Taking of a Bald Eagle pled guilty to the charge and was sentenced on July 31, 2014, by U.S. Magistrate Veronica L. Duffy.
Cody M. Weyer, age 42, was sentenced to 1 year probation, a $500 fine, $10,000 in restitution, and $25 to the Federal Crime Victims Fund.
The conviction stems from an incident that took place on January 21, 2014, when a South Dakota Game Fish and Parks officer responded to a complaint of dead deer in a particular area of Meade County. While searching for the dead deer, the officer found a dead mature bald eagle in a bull pasture leased by Weyer. During the course of the investigation Weyer was interviewed and admitted to killing the eagle.
The investigation was conducted by the U.S. Fish and Wildlife Service. The case was prosecuted by Assistant U.S. Attorney Meghan N. Dilges.
Faulkton Man Charged with Possession of Ammunition by A Prohibited PersonRead the Press Release
United States Attorney Brendan V. Johnson announced that a Faulkton, South Dakota, man has been indicted by a federal grand jury for three counts of Possession of Ammunition by a Prohibited Person.
Frank Facinelli, age 43, 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 10 years in custody and/or a $250,000 fine, at least 3 years of supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Facinelli's alleged possession of ammunition following multiple felony convictions. The charges are merely an accusation and Facinelli 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 Jay Miller is prosecuting the case.
Facinelli was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
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 July 29, 2014, by U.S. District Judge Roberto A. Lange.
Denver Spotted Horse, age 31, was sentenced to 24 months of custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Spotted Horse was indicted for Failure to Register as a Sex Offender by a federal grand jury on March 11, 2014. He pled guilty to the Indictment on May 12, 2014.
Spotted Horse had a prior sexual assault conviction in Minnesota and knew that under the Sex Offender Registration and Notification Act he needed to register his new address if he moved into, entered, or resided in Indian country. Between July 1, 2013, and March 11, 2014, Spotted Horse was living near Eagle Butte on the Cheyenne River Sioux Indian Reservation and he knowingly failed to register and update his registration.
This case was investigated by the U.S. Marshals Service and the Cheyenne River Sioux Tribe Law Enforcement Service. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Spotted Horse was remanded to the custody of the U.S. Marshals Service to begin serving his sentence.
Mission Man Sentenced for Assaulting A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of Assaulting, Resisting, Opposing, and Impeding a Federal Officer was sentenced on July 28, 2014, by U.S. District Judge Roberto A. Lange.
John Willard Arcoren, III, a/k/a Smokey Arcoren, age 33, was sentenced to 16 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Arcoren was indicted for Assaulting, Resisting, Opposing, and Impeding a Federal Officer by a federal grand jury on February 12, 2014. He pled guilty on May 12, 2014.
The conviction stems from an incident that took place on January 11, 2014, when Arcoren assaulted a federal officer by bending and putting pressure on the officer’s arm and elbow while the officer was face down on the ground.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Tim Maher prosecuted the case.
Arcoren was immediately turned over to the custody of the U.S. Marshals Service.
Little Eagle Man Sentenced for Two Charges of 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 a Habitual Offender was sentenced on July 28, 2014, by U.S. District Judge Charles B. Kornmann.
Anthony Bobtail Bear, Jr., age 34, was sentenced to 60 months of custody and 3 years of supervised release for a December 2013 incident. Bobtail Bear also received 77 months of custody and 3 years of supervised release for a February 2014 incident. The sentences and supervised releases are to be served concurrently. Bobtail Bear is also to pay $200 special assessment to the Federal Crime Victims Fund.
Bobtail Bear was indicted by a federal grand jury on February 12, 2014, and March 11, 2014. He pled guilty to both charges on April 22, 2014.
The first conviction stems from an incident on December 3, 2013, when the Bureau of Indian Affairs was advised of a 911 domestic abuse call in McLaughlin. An officer responded to the call and spoke with an adult female victim and her mother who informed the officer that Bobtail Bear and the female victim were arguing in a back bedroom of the house. Bobtail Bear started jerking the victim’s arm, punching her in the stomach and throwing her on the bed.
The other conviction stems from an incident which occurred on February 26, 2014, when a Bureau of Indian Affairs was dispatched to the IHS hospital in Fort Yates, North Dakota. The officer made contact with an adult female victim who appeared to have a chunk of her lower lip missing. She also had a swollen eye and bruises on her face. The victim informed the officer that she had had a fight with her boyfriend, Bobtail Bear, when she informed him she wanted to leave and go to her cousin’s house in McLaughlin. When the victim attempted to use the phone, Bobtail Bear pushed her down, causing her to hit her head on the edge of a coffee table. Bobtail Bear also hit her several times with an open hand on the left side of the face.
At the time of these incidents, Bobtail Bear had four final judgments of conviction in Standing Rock Sioux Tribal Court for offenses that would have been, if subject to federal jurisdiction, an offense 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 cases.
Bobtail Bear was immediately turned over to the custody of the U.S. Marshals Service.
Lantry Man Sentenced for Involuntary ManslaughterRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lantry, South Dakota, man convicted of Involuntary Manslaughter was sentenced on July 28, 2014, by U.S. District Judge Roberto A. Lange.
Charg Hebb, age 20, was sentenced to 1 year and 1 day of custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Hebb was indicted for Involuntary Manslaughter by a federal grand jury on February 13, 2013. He pled guilty to Involuntary Manslaughter on April 15, 2014.
The conviction arose from an incident on October 12, 2012, on County Road 50 near Lantry, on the Cheyenne River Sioux Indian Reservation, when Hebb caused a car crash that killed a young man who was a passenger in his vehicle. Hebb was driving his 2005 Pontiac Bonneville in excess of the speed limit, driving recklessly and on the wrong side of the road, causing a head-on collision with a 2001 Chevrolet Blazer. Two people in the Blazer were also seriously injured.
This case was investigated by the Federal Bureau of Investigation, the South Dakota Highway Patrol, and the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Hebb was ordered to self-surrender to the U.S. Marshals Service on August 12, 2014, to begin serving his sentence.
Little Eagle Man Acquitted of Assault with A Dangerous Weapon and Domestic Assault by A Habitual OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Little Eagle, South Dakota, man was acquitted on July 23, 2014, on one count of Assault with a Dangerous Weapon and one count of Domestic Assault by a Habitual Offender as a result of a federal jury trial in Pierre, South Dakota.
Leon White was indicted by a federal grand jury on February 12, 2014.
The charges stemmed from events that were alleged to have occurred in December 2013.
The investigation was conducted by the Bureau of Indian Affairs, Standing Rock Agency. The U.S. Attorney's Office prosecuted the case.
Two Eagle Butte Men Charged with Possession of Stolen FirearmsRead the Press Release
United States Attorney Brendan V. Johnson announced that two Eagle Butte, South Dakota, men have been indicted by a federal grand jury for Possession of Stolen Firearms.
Eugene Condon, age 35, and Robert McLane, age 29, were indicted on July 15, 2014. They appeared before U.S. Magistrate Judge Mark A. Moreno and pled not guilty to the Indictment.
The maximum penalty upon conviction is 10 years of custody and/or a $250,000 fine, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that in October 2013 in Eagle Butte, Condon and McLane knowingly and unlawfully received, possessed, sold and disposed of stolen firearms.
The charges are merely an accusation and Condon and McLane are 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.
Condon and McLane were released on bond pending trial. Trial has been set for September 23, 2014.
Rapid City Woman and Wanblee Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, woman and a Wanblee, South Dakota, man convicted of Conspiracy to Distribute Methamphetamine have been sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Rani Bear Heels, age 24, was sentenced on July 18, 2014, to 41 months in custody, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Dana Provincial, age 36, was sentenced on July 21, 2014, to 16 months in custody, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Bear Heels was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on December 17, 2013, and she pled guilty on April 11, 2014.
Provincial was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on November 19, 2013, and he pled guilty on March 20, 2014.
From August 2009 through 2013, Bear Heels and Provincial received and conspired to distribute methamphetamine from individuals, including Angel Provincial, Shy Bettelyoun, Clinton Provincial, Robert Provincial, and Diana Bald Eagle, around the Pine Ridge Indian Reservation in South Dakota.
The investigation was conducted 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.
Bear Heels and Provincial were immediately turned over to the custody of the U.S. Marshals Service.
Pine Ridge Man Sentenced for LarcenyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, man convicted of Larceny was sentenced on July 22, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
George Ecoffey, a/k/a Richard Daniel Ecoffey, age 52, was sentenced to 3 years of probation, a $100 special assessment to the Federal Crime Victims Fund, and restitution in the amount of $2,200.
Ecoffey was indicted for Larceny by a federal grand jury on February 19, 2014. He pled guilty on March 28, 2014.
The charge related to Ecoffey 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.
Mission Man Indicted for Assault and Firearm ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Possession of a Firearm and Ammunition by a Prohibited Person, Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and Using and Carrying a Firearm during and in Relation to a Crime of Violence.
Vernon Robert Schmidt, a/k/a Sonny Bob Schmidt, age 28, was indicted on July 15, 2014. He appeared before U.S. Magistrate Mark A. Moreno on July 18, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about May 26, 2014, in Todd County, Schmidt assaulted two victims with a dangerous weapon, that is, a 9mm pistol, and the assault resulted in serious bodily injury to one of the victims. At the time of the assault, Schmidt, having previously been convicted of a crime punishable for a term of imprisonment exceeding one year, knowingly possessed a firearm and ammunition, and did so during and in relation to a crime of violence.
The charge is merely an accusation and Schmidt 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.
Schmidt 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 Robbery of MailRead 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 Robbery of Mail.
Elmer LaRoche, age 27, was indicted on July 15, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 22, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 25 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 27, 2014, LaRoche assaulted a U.S. postal employee who has lawful charge, custody and control of United States mail and other property of the United States, with intent to rob mail and other property. In doing so, LaRoche put the life of the employee in jeopardy by the use of a dangerous weapon.
The charge is merely an accusation and LaRoche is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
LaRoche was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Hill City Man Sentenced to 100 Months for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Brendan V. Johnson announced that a Hill City, South Dakota, man convicted of Conspiracy to Distribute Methamphetamine was sentenced on July 17, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Hugo Arechiga-Torres, age 33, was sentenced to 100 months in custody, 10 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Arechiga-Torres was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on April 4, 2012, and he pled guilty on January 3, 2014.
Beginning in June 2010 until April 4, 2012, Arechiga-Torres received pound quantities of methamphetamine in South Dakota. During that time, Arechiga-Torres and the individuals supplying and transporting the methamphetamine conspired and agreed with others to distribute more than 500 grams of methamphetamine in South Dakota.
This case was investigated by the U.S. Immigration and Customs Enforcement's Homeland Security Investigations, Drug Enforcement Administration, South Dakota Division of Criminal Investigation, Minnesota Bureau of Criminal Apprehension, Sioux Falls Area Drug Task Force, and the Unified Narcotics Enforcement Team. Assistant U.S. Attorney Ted L. McBride prosecuted the case.
Arechiga-Torres was immediately turned over to the custody of the U.S. Marshals Service.
Four Individuals Sentenced in Federal Program Fraud CaseRead the Press Release
United States Attorney Brendan V. Johnson announced that four individuals convicted of Conspiracy to Commit Theft Concerning Programs Receiving Federal Funds or Theft Concerning Programs Receiving Federal Funds have been sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
The last defendant to be sentenced was Wayne Wilson Cortier, age 45, of Pine Ridge. He was sentenced on July 21, 2014, to 1 year of probation, and was ordered to make restitution of $27,620, $25,550 of which is joint and several with co-defendant Samone Milk.
Heather Marie Garcia, age 31, and Joe Marquios Garcia, age 35, both of Pine Ridge, were sentenced on June 30, 2014. Heather Garcia was sentenced to 5 years of probation. Joe Garcia was sentenced to 15 months in custody, to be followed by 3 years of supervised release. Both were ordered to make restitution of $83,585, jointly and severally with Milk.
Samone Darla Milk, age 33, of Martin, was sentenced on May 6, 2014, to 14 months in custody, to be followed by 3 years of supervised release. She was ordered to make restitution of $109,135.“I commend the Department of Health and Human Services, Office of Investigations for their diligent work in this case. The theft of federal funds is serious in any case, but is even more significant in situations like this where it impacts people who rely on these programs for some of their basic needs,” said U.S. Attorney Johnson.
On October 8, 2013, a federal grand jury indicted Milk, Heather Garcia, Joe Garcia, and Cortier for Conspiracy to Commit Theft Concerning Programs Receiving Federal Funds. Additionally, Milk was also indicted for two counts of Theft Concerning Programs Receiving Federal Funds, and Heather Garcia, Joe Garcia, and Cortier were indicted on one count of that same charge. Milk pled guilty to the conspiracy charge on January 3, 2014. Cortier pled guilty to the theft charge on March 12, 2014. Heather Garcia pled guilty to the theft charge and Joe Garcia pled guilty to the conspiracy charge on March 13, 2014. The other charges for all four individuals were dismissed.
From May through December 2009, Milk and her co-conspirators formed an agreement to steal funds belonging to the Oglala Sioux Tribe. Milk was the executive secretary for the Tribe’s Energy/Low Income Home Energy Assistance Program (LIHEAP). Heather Garcia was employed by the Tribe’s Accounts Payable Department as a technician. Joe Garcia and Cortier were contractors for the Tribe. Using their positions, Milk and Heather Garcia drafted fake invoices and quotes for contract work purportedly to be completed by Joe Garcia and Cortier. Milk facilitated the processing of these documents through the Energy/LIHEAP program. Checks were issued by the Tribe’s Treasurer’s Office to pay for the fraudulent invoices. Milk and her co-conspirators received the checks, cashed them, and divided the funds among themselves to use for their own purposes.
Gerald T. Roy, Special Agent in Charge, Health and Human Services/Office of Inspector General, Office of Investigations, Kansas City, MO, stated, “Individuals who choose to misappropriate HHS funds intended for those in dire need will continue to be pursued by the OIG and their law enforcement partners.”
This case was investigated by the HHS/OIG, Office of Investigations. Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.
Milk was ordered to turn herself in to the U.S. Marshals Service on or before May 27, 2014. Joe Garcia was remanded to the custody of the U.S. Marshals Service.
Eagle Butte Man Charged with Second Degree Burglary, Larceny, and Possession of A Stolen FirearmRead 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 Second Degree Burglary, Larceny, and Possession of a Stolen Firearm.
Shilo Hill, a/k/a Shilo Robideau, age 18, was indicted on July 15, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 22, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 15 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Hill is alleged to have unlawfully entered or remained in an Eagle Butte home to steal two firearms, which he then possessed for a period of time. The charges are merely an accusation and Hill 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.
Hill was released on bond to await trial. Trial has been set for September 23, 2014.
Washington Man Pleads Not Guilty to Drug ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that an Elma, Washington, man has been indicted by a federal grand jury for Conspiracy to Distribute and Possess with Intent to Distribute a Controlled Substance.
Bruce Gerald Cole, age 47, was indicted on August 22, 2012. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 16, 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.
On or about between May 1, 2009, and June 5, 2009, in the District of South Dakota and elsewhere, Cole did conspire with others to distribute and possess marijuana.
The charge is merely an accusation and Cole is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Tim Maher is prosecuting the case.
Cole was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Three Pine Ridge Men Indicted on Multiple ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that three Pine Ridge, South Dakota, men were indicted by a federal grand jury on robbery, assault, and abusive sexual contact charges.
Wesley Running Shield, age 28; Michael Alford, age 32; and Lesley Running Shield, age 28, were indicted for offenses that occurred on two seperate occasions at Pine Ridge.
The Running Shields and Alford were indicted for Robbery, Assault with a Dangerous Weapon, and Abusive Sexual Contact. On June 10, 2014, the three stole cell phones from two individuals and assaulted them. Wesley Running Shield and Alford also sexually assaulted a woman at that time.
Wesley Running Shield and Michael Alford were also indicted for Robbery, Assault with a Dangerous
Weapon, and Assault Resulting in Serious Bodily Injury relating to an incident occurring on June 12, 2014, when they assaulted a man and stole his car and money.
The charges are merely accusations and the Defendants are presumed innocent until and unless proven guilty.All three Defendants have appeared before U.S. Magistrate Judge Veronica L. Duffy and pled not guilty to the Indictments. The maximum penalty upon conviction is 15 years’ imprisonment and/or a $250,000 fine, 5 years’ supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The investigations were conducted by the Bureau of Indian Affairs Office of Justice Services. Assistant U.S. Attorney Sarah B. Collins is prosecuting the cases.
The Running Shields and Alford were remanded to the custody of the U.S. Marshals Service pending trial, which has been set for September 16, 2014.
Parmelee Man Charged with AssaultRead 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 Resulting in Serious Bodily Injury and Assault Resulting in Substantial Bodily Injury to an Intimate Partner.
Kevin Two Eagle, age 30, was indicted on April 22, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 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 $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
On or about January 16, 2014, in Todd County, Two Eagle unlawfully assaulted his dating partner and the assault resulted in serious bodily injury.
The charge is merely an accusation and Two Eagle 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.
Two Eagle was released to a third party custodian pending trial. A trial date has not been set.
Lake Andes Man Sentenced to 120 Months for Distribution of MethamphetamineRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lake Andes, South Dakota, man convicted of Distribution of a Controlled Substance was sentenced on July 21, 2014, by U.S. District Judge Karen E. Schreier.
Michael Todd Andrews, age 42, was sentenced to 120 months in custody, three years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Andrews was indicted for Distribution of a Controlled Substance by a federal grand jury on December 3, 2013. He pled guilty on April 28, 2014.
Andrews sold methamphetamine to a confidential source working with the Federal Bureau of Investigation (FBI) in Lake Andes in January 2013.
This case was investigated by the FBI, Bureau of Indian Affairs, South Dakota Division of Criminal Investigation, Charles Mix County Sherriff’s Office, and the Wagner Police Department. Special Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
Andrews was immediately turned over to the custody of the U.S. Marshals Service.
Fort Thompson Man Sentenced for Felon in Possession of FirearmRead the Press Release
United States Attorney Brendan V. Johnson announced that a Fort Thompson, South Dakota, man convicted of Felon in Possession of Firearm was sentenced on July 14, 2014, by U.S. District Judge Roberto A. Lange.
Peter Leslie Coleman, a/k/a Perry Coleman, age 51, was sentenced to time served (47 days), 18 months of supervised release, a $250 fine, and a $100 special assessment to the Federal Crime Victims Fund.
Coleman was indicted by a federal grand jury on December 10, 2013. He pled guilty on April 23, 2014.
The conviction stems from an incident on November 12, 2013, when a Bureau of Indian Affairs (BIA) Agent observed that Coleman failed to stop at a stop sign at an intersection within the exterior boundaries of the Crow Creek Indian reservation. A traffic stop was conducted and the agent observed Coleman move a rifle from the front passenger side of the vehicle to the floor board area behind the driver’s seat. Coleman admitted he was hunting that morning, and knew he was prohibited from possessing a firearm.
The investigation revealed that Coleman was convicted of Possession with Intent to Distribute a Controlled Substance in U.S. District Court, District of South Dakota, on July 10, 1992, and was sentenced to 32 months in custody.
This case was investigated by the BIA, Crow Creek Agency. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Dupree Man Charged with Assaulting A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a Dupree, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a federal contract officer.
Cleveland Buckman, age 37, was indicted on July 15, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 17, 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.
Buckman is alleged to have forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with a Cheyenne River Sioux Tribe law enforcement officer in June 2014 in Dupree. The incident resulted in physical contact with and bodily injury to the law enforcement officer.
The charge is merely an accusation and Buckman 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.
Buckman was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Dupree Man Charged with Aggravated Sexual Abuse of A ChildRead the Press Release
United States Attorney Brendan V. Johnson announced that a Dupree, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child.
Christian Whiteman, age 20, was indicted on July 15, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 17, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is at least 30 years up to life in custody and/or a $250,000 fine, a minimum of 5 years up to life of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The indictment alleges that between October 1, 2012, and May 29, 2013, Whiteman engaged in, or attempted to engage in, a sexual act with a child under the age of 12.
The charge is merely an accusation and Whiteman is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.
Whiteman was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
Chester Man Sentenced for Possession of Migratory Birds and Lacey Act ViolationRead the Press Release
United States Attorney Brendan V. Johnson announced that a Chester, South Dakota, man has been charged with federal offenses of Possession of Migratory Birds and Lacey Act Violation by an Information filed June 2, 2014.
Robert Masterson, Sr., age 53, pled guilty to and was sentenced on July 15, 2014, by U.S. Magistrate John E. Simko. Masterson received 2 years of probation, a $3,000 fine, $5,025 in restitution, and a $35 special assessment to the Federal Crime Victims Fund.
The conviction stems from incidents that took place between January 1, 2013, and April 3, 2013, when Masterson was unlawfully selling wild game, specifically geese, which had been received under the auspice of the Sportsman Against Hunger Program. Masterson, d/b/a/ Bob’s Custom Meat, held a Federal Fish and Wildlife Special Purpose Permit, authorizing him to receive and possess migratory birds, specifically geese, lawfully taken during the 2012 goose hunting seasons. This permit specifically required that all geese received be donated to a not-for-profit distribution center and that any purchase, sale, barter, or trade of the migratory birds, or any parts of migratory birds, was illegal.
During the course of the investigation, Masterson illegally sold goose jerky on several occasions in early 2013.
The investigation was conducted by the U.S. Fish & Wildlife Service and the South Dakota Department of Game, Fish and Parks. The case was prosecuted by Assistant U.S. Attorney Meghan N. Dilges.
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.
Gerald Davis, a/k/a Jerry Davis, age 54, was indicted on March 18, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on July 14, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 10 years in custody and/or a $250,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Davis failing to register as a convicted sex offender between September 6, 2013, and March 18, 2014, in South Dakota.
The charge is merely an accusation and Davis is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.Davis was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for September 16, 2014.
White River Man Sentenced for First Degree BurglaryRead the Press Release
United States Attorney Brendan V. Johnson announced that a White River, South Dakota, man convicted of First Degree Burglary was sentenced on July 14, 2014, by U.S. District Judge Roberto A. Lange.
Christian Kelly, age 20, was sentenced to 12 months and 1 day of custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Kelly was indicted for First Degree Burglary and Assault with a Dangerous Weapon by a federal grand jury on July 17, 2013. He pled guilty to First Degree Burglary on April 23, 2014.
On May 10, 2013, Kelly and his co-defendant went to the victim’s home in Lower Swift Bear in Mellette County. Once inside the house, Kelly found the victim asleep in a bedroom. The victim awoke and Kelly and the victim began to argue. Kelly remained inside the victim’s home without permission and punched and struck the victim several times before exiting the house. Kelly drove away from the house before law enforcement officers arrived.
This case was investigated by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Marie H. Ruettgers prosecuted the case.
Kelly was remanded to the custody of the U.S. Marshals Service.
Vale Man Sentenced for Lacey Act ViolationsRead the Press Release
United States Attorney Brendan V. Johnson announced that a Vale, South Dakota, man charged with Lacey Act Violations pled guilty to and was sentenced on July 11, 2014, by U.S. Magistrate Veronica L. Duffy.
Glen Schummer, age 68, was sentenced to 1 year of unsupervised probation, $17,500 in restitution, a $500 fine, and a $10 special assessment to the Federal Crime Victims Fund. Schummer is also prohibited from hunting for one year.
The conviction stems from an incident that took place on February 5, 2014, when a hawk was observed trapped in a pole trap on a property owned by Schummer in Meade County. An investigation revealed that Schummer had 2 illegal pole traps on his property. He used the traps to illegally trap and kill great-horned owls and various species of hawks. Once the migratory birds were trapped, Schummer would either shoot and kill the birds, or club them, and then dispose of the birds by throwing them into the river on his property. Schummer admitted to trapping and killing at least 10 migratory birds, to include great-horned owls and hawks on his property for the last several years.
The investigation was conducted by the U.S. Fish and Wildlife Service. The case was prosecuted by Assistant U.S. Attorney Meghan N. Dilges.
Sioux Falls Man Sentenced for Receipt of Child PornographyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota, man convicted of Receipt of Child Pornography was sentenced on July 15, 2014, by U.S. District Judge Roberto A. Lange.
Avugwi Alvarez, age, 22, was sentenced to 168 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. He must also register as a sex offender.
Alvarez was indicted by a federal grand jury on June 12, 2013, for Distribution and Receipt of Material Involving the Sexual Exploitation of Minors and Possession of Child Pornography. He pled guilty to Receipt of Child Pornography on January 13, 2014.
Alvarez operated with several aliases including: Clarence One Feather; Clarence NovaCane Edwards; “Baby.Gambo.Productions”; and “legionairesz.”
Between November 1, 2012, and January 7, 2013, as well as earlier times, Alvarez would use the Internet and computer devices to receive and possess images of child pornography. At times using an alias, Alvarez actively bartered and traded for the child pornography. Alvarez received numerous images of child pornography on different dates, and the images came into his possession from various locations, including locations in California. The child pornography images were produced and transported via computers, cellular telephones, Facebook, and other online services.
“The sentence handed down demonstrates that people who are involved in child pornography will face serious consequences. Sexual abuse of our children happens in many forms, and child pornography exploits children in some of the most humiliating and damaging ways,” said Johnson. “I commend all of the law enforcement agencies involved in this investigation, as well as their aggressive pursuit of any case where the welfare of children is on the line.”
The investigation was conducted by the Federal Bureau of Investigation, South Dakota Division of Criminal Investigation, South Dakota Internet Crimes Against Children Task Force, Rosebud Sioux Tribe Law Enforcement Services, Bureau of Indian Affairs, Pennington County Sheriff’s Office, Rapid City Police Department, Sioux Falls Police Department, and the U.S. Marshals Service. U.S. Attorney Brendan Johnson and Assistant U.S. Attorneys Tim Maher and Sarah Collins prosecuted the case.
Alvarez was immediately turned over to the custody of the U.S. Marshals Service.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse. Launched in May 2006 by the Department of Justice, and led by U.S. Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Minnesota Man and Two Mobridge Women Charged with Kidnapping and Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that a Minneapolis, Minnesota, man and two Mobridge, South Dakota, women have been indicted by a federal grand jury for Kidnapping and Assault with a Dangerous Weapon.
Clayton Montreal, age 27, Yvette Montreal, age 47, and Wyndee Sitting Dog, age 30, were indicted on April 15, 2014. Yvette Montreal and Sitting Dog appeared before U.S. Magistrate Judge William D. Gerdes on May 1, 2014, and pled not guilty to the Indictment. Clayton Montreal appeared before U.S. Magistrate Judge William D. Gerdes on July 10, 2014, and also pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $500,000 fine, 5 years of supervised release, and $200 each to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about March 25, 2014, the Defendants kidnapped and unlawfully assaulted a female adult victim with a dangerous weapon.
The charges are merely accusations and the Defendants are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Clayton Montreal and Yvette Montreal were released on bond. Sitting Dog was remanded to the custody of the U.S. Marshals Service pending trial which has been set for August 26, 2014.
Minnesota Man and Two Mobridge Women Charged with Kidnapping and Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that a Minneapolis, Minnesota, man and two Mobridge, South Dakota, women have been indicted by a federal grand jury for Kidnapping and Assault with a Dangerous Weapon.
Clayton Montreal, age 27, Yvette Montreal, age 47, and Wyndee Sitting Dog, age 30, were indicted on April 15, 2014. Yvette Montreal and Sitting Dog appeared before U.S. Magistrate Judge William D. Gerdes on May 1, 2014, and pled not guilty to the Indictment. Clayton Montreal appeared before U.S. Magistrate Judge William D. Gerdes on July 10, 2014, and also pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $500,000 fine, 5 years of supervised release, and $200 each to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about March 25, 2014, the Defendants kidnapped and unlawfully assaulted a female adult victim with a dangerous weapon.
The charges are merely accusations and the Defendants are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Clayton Montreal and Yvette Montreal were released on bond. Sitting Dog was remanded to the custody of the U.S. Marshals Service pending trial which has been set for August 26, 2014.
Wanblee Man Sentenced for AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Wanblee, South Dakota, man charged with two counts of Simple Assault pled guilty to the charges and was sentenced on July 8, 2014, by U.S. Magistrate Judge Mark A. Moreno.
Lionel Between Lodges, age 26, was sentenced to 12 months of probation and a $20 assessment to the Federal Crime Victims Fund.
The conviction stems from an incident that took place in Eagle Butte on March 9, 2010, when Between Lodges unlawfully assaulted a male adult victim from Wanblee.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Division. The case was prosecuted by Assistant U.S. Attorney Mikal Hanson.
Rapid City Man Pleads Not Guilty to 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.
Bradley Makes Room For Them, age 29, was indicted on April 22, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on July 7, 2014, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is 10 years in custody and/or a $250,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Makes Room For Them failing to register as a convicted sex offender between November 22, 2013, and April 22, 2014, in South Dakota.
The charge is merely an accusation and Makes Room For Them is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Makes Room For Them was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for September 9, 2014.
Rosebud Man Charged and Sentenced for AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man charged with Assault by Striking, Beating, and Wounding and Simple Assault pled guilty to and was sentenced on July 7, 2014, by U.S. Magistrate Judge Mark A. Moreno.
Anthony Hero, age 29, was sentenced to 231 days in custody with credit for time served and $20 to the Federal Crime Victims Fund.
The conviction stems from an incident that took place between February 1, 2013, and February 2, 2013, when Hero and the victims were at a house party in Rosebud. After leaving the party, Hero was in a vehicle when he had a disagreement with the two victims. He assaulted both victims by striking and beating them.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Tim Maher.
Hero was released from custody.
Violent Crime and Human Trafficking Conference to Be Held in AugustRead the Press Release
United States Attorney Brendan V. Johnson has announced that the Violent Crime and Human Trafficking Conference will be held on August 12, 13, and 14, 2014. All sessions will be held at the Washington Pavilion - Mary W. Sommervold Hall, located at 301 S. Main Avenue in Sioux Falls, South Dakota.
The conference is co-sponsored by U.S. Attorney Timothy Q. Purdon, District of North Dakota, the Department of Justice Office for Victims of Crime, and Avera Health.
The first day, August 12, will focus on training for medical professionals, advocates, social workers, counselors, and others in the healthcare field. U.S. Attorney Johnson will begin the conference by providing an overview of the history, current status, and future trends of human trafficking and sexual assault in South Dakota. Additional training on the first day will include the perspective from providers, the patient’s needs, and the public’s responsibility.
The remaining day and a half of the conference, August 13 and 14, is open to the public and will cover key topics, such as increases in human trafficking and other violence against women that is occurring in the North Dakota oil fields, Internet predators in the Dakotas, sexual assault in Indian country, family violence, and working with child victims of physical and sexual assault. The conference will conclude at 12:00 noon on Thursday, August 14.
The conference will feature speakers and sessions that have been specifically designed to highlight standards of compassionate care for victims of crime, and promote coordination of that care among healthcare providers, advocates, policy makers, and law enforcement.
Among the featured speakers on August 13 will be Elizabeth Smart-Gilmour, a sexual abuse survivor, who was abducted from her bedroom in the family’s Salt Lake City home in 2002. The keynote speaker on August 14 will be a victim from the Penn State University sex scandal that involved Jerry Sandusky, a former assistant football coach under the late Joe Paterno.
U.S. Attorney Johnson and U.S Attorney Purdon have made the prosecution of violent crimes and human trafficking top priorities in their districts. The District of South Dakota has been involved in 23 sex trafficking cases since 2010. In North Dakota, the recent “Operation Vigilant Guardian” sting led to sex trafficking charges against 14 defendants in western North Dakota.
The conference is free admission and is open to the public. There is a $10 lunch fee for the August 12 Avera Health sessions.
For the full conference agenda and to register, please follow this link:
http://www.avera.org/experience/avera-victim-witnesshuman-trafficking-conference
New York Man Sentenced for Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Cortland, New York, man convicted of Failure to Register as a Sex Offender was sentenced on July 1, 2014, by U.S. District Judge Roberto A. Lange.
Shawn George, a/k/a Shaun George, age 38, was sentenced to 24 months in custody, 5 years of supervised release and a $100 special assessment to the Federal Crime Victims Fund.
George was indicted by a federal grand jury on February 19, 2014. He pled guilty on March 24, 2014.
The conviction stems from an incident wherein George failed to register as a sex offender between February 2, 2014 and February 7, 2014. George arrived in Pierre, South Dakota, on February 2, 2014, and had until February 6, 2014, to update his registration. He failed to do so. George had previously been convicted of a sex offense in federal court in Cortland County, New York, which requires him to register as a sex offender.
The investigation was conducted by the U.S. Marshals Service. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
George was immediately turned over to the custody of the U.S. Marshals Service.
Montana Man and California Woman Sentenced for Possession with Intent to Distribute A Controlled Substance and Aiding and AbettingRead the Press Release
United States Attorney Brendan V. Johnson announced that an Alberton, Montana, man convicted of Possession with Intent to Distribute a Controlled Substance and Aiding and Abetting was sentenced on June 30, 2014, by U.S. District Judge Roberto A. Lange. His accomplice, a Columbia, California, woman, was sentenced on the same charges on July 2, 2014, by U.S. District Judge Roberto A. Lange.
Claudio Puccio, age 47, was sentenced to 11 months in custody, 2 years of supervised release, a $1,000 fine, and a $100 special assessment to the Federal Crime Victims Fund. Beth Swank, age 53, was sentenced to 10 months in custody, 2 years of supervised release, a $1,000 fine, and a $100 special assessment to the Federal Crime Victims Fund.
Puccio and Swank were indicted by a federal grand jury on January 15, 2014. Puccio pled guilty on April 9, 2014, and Swank pled guilty on April 15, 2014.
The conviction stems from an incident on November 23, 2013, when a South Dakota Highway Patrol Trooper stopped Puccio and Swank for speeding. After interviewing both passengers separately, the trooper had reason to believe the vehicle might contain drugs. He deployed his service dog who alerted to the odor of drugs coming from the vehicle. The trooper searched two suitcases and found vacuum sealed bags of suspected marijuana, pucks of suspected hashish, $55,340 in cash, and 11 cell phones. The substances were tested and confirmed to be marijuana, with a weight of 11.726 pounds. The pucks tested positive for hashish, with a weight of 1.4502 pounds.
This case was investigated by the Division of Criminal Investigation and the South Dakota Highway Patrol. Assistant U.S. Attorney Jay Miller prosecuted the case.
Puccio and Swank were immediately turned over to the custody of the U.S. Marshals Service.
Lower Brule Man Sentenced for Sexual Abuse of A MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota, man convicted of Sexual Abuse of a Minor was sentenced on June 30, 2014, by U.S. District Judge Roberto A. Lange.
Gerald Duane Iron Shooter, age 21, was sentenced to 14 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Iron Shooter was indicted by a federal grand jury on February 12, 2014. He pled guilty on April 1, 2014.
The conviction stems from an incident in January of 2012 when Iron Shooter was at a party with two other adult men. Later in the evening, several underage girls, including the 13 year-old victim, joined the party. The girls began to drink with the men. During the party, the victim and Iron Shooter ended up in a bedroom where they had sexual intercourse. Iron Shooter admitted knowing the age of the victim and that she was too young to engage in any type of sexual activity.
This case was investigated by the Bureau of Indian Affairs, Lower Brule Law Enforcement Agency. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Iron Shooter was immediately turned over to the custody of the U.S. Marshals Service.
Kenel Man Charged with Aggravated Sexual Abuse, Kidnapping and AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Kenel, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse, Kidnapping, Assault with a Dangerous Weapon, Assault of a Spouse by Strangulation, and Domestic Assault by a Habitual Offender.
Denny Johnson, Sr., age 29, was indicted on June 17, 2014. He appeared before U.S. Magistrate Judge William D. Gerdes on June 30, 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, a mandatory minimum term of five years of supervised release, and up to $900 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between the timeframe of December 1, 2013, to January 10, 2014, Johnson caused an adult female to engage in sexual acts and placed her in fear that she would be subjected to death, serious bodily injury, and kidnapping; kidnapped and held the female victim against her will, for the purpose of assaulting her with dangerous weapons, that is shod feet and a knife with the intent to do bodily harm; assaulted the victim by strangling and suffocating her; and committed a domestic assault against the same female victim. At the time of the domestic assault, Johnson had at least two separate prior convictions for assaults that were against a spouse or intimate partner.
The charges are merely accusations and Johnson is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Johnson was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for September 2, 2014.
Wood Man Sentenced for Assault Resulting in Substantial Bodily Injury to an Individual Under Age 16Read the Press Release
United States Attorney Brendan V. Johnson announced that a Wood, South Dakota, man convicted of Assault Resulting in Substantial Bodily Injury to an Individual Under Age 16 was sentenced on June 30, 2014, by U.S. District Judge Roberto A. Lange.
Elias James LaPointe, age 21, was sentenced to 33 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
LaPointe was indicted for Assault Resulting in Serious Bodily Injury and Child Abuse by a federal grand jury on January 15, 2014. He pled guilty to Assault Resulting in Substantial Bodily Injury to an Individual Under Age 16 on March 31, 2014.
On October 23, 2013, LaPointe was caring for the victim at his home in Mellette County. Approximately mid-morning, LaPointe assaulted the victim, causing a subdural hematoma, an injured jaw, a damaged pancreas, a bruised scrotum, and numerous other hematomas and injuries. LaPointe did not seek medical treatment for the victim. At approximately 2:30 p.m. the victim’s mother arrived home and took the victim to the doctor. The victim was eventually taken to a Sioux Falls hospital.
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.
LaPointe was immediately turned over to the custody of the U.S. Marshals Service.
Rosebud Man Sentenced for Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on June 30, 2014, by U.S. District Judge Roberto A. Lange.
Phillip Little Hoop, age 32, was sentenced to 10 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Little Hoop was indicted for Failure to Register as a Sex Offender by a federal grand jury on January 15, 2014. He pled guilty to the charge on April 1, 2014.
The conviction relates to a period of time between September 1, 2013, and January 24, 2014, when Little Hoop, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under federal law, failed to update his registration.
This case was investigated by U.S. Marshals Service and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Marie H. Ruettgers prosecuted the case.
Little Hoop was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Misprision of A FelonyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of Misprision of a Felony was sentenced on June 30, 2014, by U.S. District Judge Roberto A. Lange.
Albert Kelly, II, age 51, was sentenced to 5 months of home confinement, 7 months of supervised release, a $500 fine, and a $100 special assessment to the Federal Crime Victims Fund.
Kelly was indicted for First Degree Burglary and Assault with a Dangerous Weapon by a federal grand jury on July 17, 2013. He pled guilty to Misprision of a Felony on April 1, 2014.
On May 10, 2013, Kelly and his co-defendant went to the victim’s home in Lower Swift Bear on the Rosebud reservation. Kelly’s co-defendant entered the victim’s home and assaulted the victim while Kelly remained outside. After the assault, Kelly concealed the assault from tribal and federal law enforcement officers.
This case was investigated by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Marie H. Ruettgers prosecuted the case.
Kelly was released to home confinement.
Lower Brule Man Sentenced for Assault of A Spouse and A MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota, man convicted of Assault Resulting in Substantial Bodily Injury to a Spouse and Intimate Partner and Assault of a Minor Under the Age of 16 was sentenced on July 1, 2014, by U.S. District Judge Roberto A. Lange.
Glenn Tisdall, age 48, was sentenced to 15 months of custody on the Assault Resulting in Substantial Bodily Injury charge, and 12 months of custody on the Assault of a Minor charge. The sentences are to run concurrently. Tisdall was also sentenced to 2 years of supervised release and a $125 special assessment to the Federal Crime Victims Fund.
Tisdall was indicted by a federal grand jury on January 15, 2014. He pled guilty on April 10, 2014.
The conviction stems from an incident on October 24, 2013, when Tisdall got upset with his spouse. He grabbed her by the hair and began slapping her in the face. The juvenile victim came out of his bedroom to assist his mother. Tisdall grabbed the juvenile’s shirt and then his jaw, and pushed him against the bathroom door frame.
Tisdall became increasingly angry. He grabbed his wife by both her ears, pinned her on the couch, and head butted her in the forehead and face. Tisdall also pulled a multi-tool from his pocket and held it under her chin threatening her.
In an attempt to again protect his mother, the juvenile male grabbed Tisdall around the waist and tried to pull him off of his mother. Tisdall then turned to the young male, grabbed him around the neck with both hands and dug his nails into his neck while squeezing. Eventually, Tisdall released him and the two victims were able to get away.
This case was investigated by the Bureau of Indian Affairs, Lower Brule Law Enforcement Agency. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Tisdall was immediately turned over to the custody of the U.S. Marshals Service.
Fort Thompson Man Sentenced for Domestic Assault by A Habitual Offender and Child AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Fort Thompson, South Dakota, man convicted of Domestic Assault by a Habitual Offender and Child Abuse was sentenced on June 30, 2014, by U.S. District Judge Roberto A. Lange.
Anthony Comes Flying, a/k/a Anthony Miller, age 29, was sentenced to 33 months of custody for the domestic assault charge, and 33 months of custody for the child abuse charge. The sentences are to be served concurrently. Miller was also sentenced to 2 years of supervised release and a $200 special assessment to the Federal Crime Victims Fund.
Miller was indicted by a federal grand jury on January 15, 2014. He pled guilty on March 24, 2014.
The convictions stem from an incident on January 4, 2014, when law enforcement was summoned to the Defendant’s home after he assaulted his girlfriend and their children. The assault began after the female victim took the babysitter home. When she arrived back home, Miller was not there, and she found their toddler and infant sons, alone and crying. Miller arrived home a short time later. He was upset and began hitting and kicking the victim with his fist and boots on her head and body. Miller also hit the two boys in the body and head. After hitting the victim and their children, Miller retrieved a kitchen knife and threatened to kill them and then himself. The victim kept trying to protect her children and was yelling at Miller to stop.
This case was investigated by the Bureau of Indian Affairs, Crow Creek Law Enforcement Agency. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Miller was immediately turned over to the custody of the U.S. Marshals Service.
St. Francis Man Sentenced for Simple AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota, man charged with Simple Assault pled guilty to and was sentenced on June 27, 2014, by U.S. Magistrate Judge Mark A. Moreno.
Jeremy Iron, age 29, was sentenced to 2 years of probation, and $10 to the Federal Crime Victims Fund.
The conviction stems from an incident that took place on February 16, 2014, when Iron returned home to the residence that he shared with the victim and her children. There was an argument and Iron knocked the phone out of the victims hand and assaulted her.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Tim Maher.
Iron was released from custody.
Mission Man Sentenced for Assault by Striking, Beating and WoundingRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of Assault by Striking, Beating, and Wounding was sentenced on June 26, 2014, by U.S. Magistrate Judge Mark A. Moreno.
Waylon Black Lance, Jr., age 24, was sentenced to 12 months in custody, 1 year of supervised release, and a $25 special assessment to the Federal Crime Victims Fund.
Black Lance was indicted by a federal grand jury on March 11, 2014, for First Degree Burglary, Assault with a Dangerous Weapon, and Assault Resulting in Serious Bodily Injury. He pled guilty to Assault by Striking Beating, and Wounding on May 13, 2014.
The conviction stems from an incident that took place on July 2, 2013, when Black Lance walked from his home to the home of the victim. After a verbal altercation started, Black Lance struck the victim on the head and in the face with his fists.
This case was investigated by Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Marie H. Ruettgers prosecuted the case.
Black Lance was immediately turned over to the custody of the U.S. Marshals Service.
McLaughlin Woman Charged with AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, woman has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Gwendolyn Iron Shield, a/k/a Gwendolyn Taken Alive, age 40, was indicted on June 10, 2014. She appeared before U.S. Magistrate Judge William D. Gerdes on June 24, 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 April 20, 2014, Iron Shield assaulted a male adult with a knife, which resulted in serious bodily injury.
The charges are merely accusations and Iron Shield is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Law Enforcement Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Iron Shield was released on bond pending trial. A trial date has not been set.