District of South Dakota
Press releases recorded for this federal judicial district.
Little Eagle Man Sentenced for Embezzlement and Theft from an Indian Tribal OrganizationRead the Press Release
United States Attorney Brendan V. Johnson announced that a Little Eagle, South Dakota, man convicted of Embezzlement and Theft from an Indian Tribal Organization was sentenced on May 19, 2014, by U.S. District Judge Charles B. Kornmann.
Dana Fast Horse, age 46, was sentenced to 1 year of unsupervised probation, a $500 fine, and a $100 special assessment to the Federal Crime Victims Fund.
Fast Horse was indicted by a federal grand jury on November 14, 2013. He pled guilty on January 10, 2014.
On October 1, 2013, the Bureau of Indian Affairs (BIA) was contacted by a member of the Standing Rock Sioux Tribe regarding a check she had received from Fast Horse. According to the tribal member, Fast Horse had presented her with a $4,000.00 check, which he wanted her to cash and split the proceeds with him. At the time, Fast Horse was Vice Chairman of the Running Antelope District on the Standing Rock Sioux Indian Reservation. He was aware that residents were receiving $4,000.00 per household as a result of the Salazar settlements. Fast Horse owned a vacant house, which he wanted the tribal member to claim she was residing in, so she would receive the benefits and split the proceeds with him.
Upon learning this information, two Standing Rock BIA Special Agents directed the tribal member to place a phone call to Fast Horse, which was recorded on a digital handheld recorder. During the call, the tribal member informed Fast Horse that she had cashed the check he had given her, and asked him if he wanted his half. A meeting was arranged in which Fast Horse was handed an envelope from the tribal member. The tribal member then walked away and the two BIA agents immediately arrested Fast Horse.
Fast Horse consented to an interview with the BIA agents in which he stated that, as Vice Chairman of the Running Antelope District, he knowingly lied to the council by informing them that the tribal member lived in one of his houses, which he knew to be vacant, in order for her to receive a $4,000.00 Salazar check. Fast Horse also informed the agents that he was to receive a portion of the money as payment for vouching to the council that the tribal member was actually residing in his vacant home.
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Ellsworth Man Indicted on Child Pornography ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that an Ellsworth Air Force Base man has been indicted by a federal grand jury for Receipt of Child Pornography and Possession of Child Pornography.
Colby Haggerty, age 22, was indicted on May 20, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on May 21, 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 August 2009 and April 2014, at Ellsworth Air Force Base, Haggerty knowingly received and possessed computers files containing images of child pornography.
The charges are merely accusations and Haggerty 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.
Haggerty was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
Bullhead Man Charged with Sexual AbuseRead 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 Sexual Abuse of a Person Incapable of Consent.
Cody Long Chase, age 36, was indicted on May 13, 2014. He appeared before U.S. Magistrate William D. Gerdes on May 20, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is any term of years up to life in custody and/or a $250,000 fine, a mandatory minimum term of 5 years of supervised release, and a mandatory $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about April 26, 2014, Long Chase engaged and attempted to engage in a sexual act with an adult female victim, who, at the time, was incapable of declining participation in and communicating an unwillingness to engage in the sexual act.
The charge is merely an accusation and Long Chase 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.
Long Chase was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Wanblee Man Sentenced for Assault and Making False StatementsRead the Press Release
United States Attorney Brendan V. Johnson announced that a Wanblee, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury and False Statements Relating to Health Care Matters was sentenced on May 15, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Robert George Quiver, Jr., age 22, was indicted by a federal grand jury on August 27, 2013, for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury. The charges related to Quiver and others using a hard blunt object and shod feet to repeatedly strike another male in the head during a fight on October 15, 2012. As a result of this assault, the victim suffered skull and nasal bone fractures requiring a craniotomy, and he remains permanently injured. Quiver pled guilty to the Assault Resulting in Serious Bodily Injury charge on February 5, 2014, and has been sentenced to 12 months and 1 day in custody, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.
Quiver was also indicted by a federal grand jury on December 3, 2013, for False Statements Relating to Health Care Matters and Attempt to Obtain Controlled Substances by Fraud. The charges related to Quiver presenting a false prescription for hydrocodone to a pharmacist at the Indian Health Services Pharmacy in Wanblee on July 11, 2013. He pled guilty to the False Statements Relating to Health Care Matters charge on February 5, 2014, and was sentenced to time served, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
This case was investigated by the Department of Health and Human Services, Office of Inspector General.
The sentences in each case were ordered to run concurrently. Assistant U.S. Attorney Kathryn N. Rich prosecuted the cases.
Quiver was immediately returned to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced for 26 Investment Fraud FeloniesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota, man convicted of 26 felony fraud charges was sentenced on May 19, 2014, by U.S. District Judge Karen E. Schreier.
Randal Kent Hansen, age 66, was sentenced to 108 months in custody, 3 years of supervised release, and a $2600 special assessment to the Federal Crime Victims Fund. Restitution of an amount to be determined will be decided in the next ten days.
Hansen was indicted for Conspiracy to Commit Wire Fraud and Mail Fraud, and also Wire Fraud and Mail Fraud by a federal grand jury on May 8, 2013. On January 22, 2014, a federal jury found him guilty of Conspiracy to Commit Wire Fraud and Mail Fraud, four counts of Wire Fraud, and 21 counts of Mail Fraud.
The case involved the investigation of a hedge fund known as RAHFCO Funds, Limited Partnership, and RAHFCO Growth Fund, Limited Partnership. As president of the fund, Randy Hansen collected money from over a hundred investors that totaled over $20 million dollars. Investors were told that only a small portion of the money would be used to make trades on the futures market for the S&P 500, that the rest was securely invested in government securities, and that they could withdraw funds at will. The fund operated from 2007 until April 2011, when one of Hansen’s co-conspirators turned himself into authorities. The investigation revealed that the fund was operating in a Ponzi-like fashion, with new investor money being used to pay off existing investors seeking to withdraw funds. Ultimately, investor losses have exceeded $18 million.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Hansen is to self-surrender to the U.S. Marshals Service in June 2014 to begin serving his sentence.
Rosebud Man Sentenced for AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man convicted of Assault by Striking, Beating, or Wounding was sentenced on May 12, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Melvin Floyd Hollow Horn Bear, age 39, was sentenced to time served, 1 year of supervised release, and was ordered to pay a $25 special assessment to the Federal Crime Victims Fund.
In March 2013, at Pine Ridge, Hollow Horn Bear struck a man repeatedly with a blunt object, causing cuts on the man’s face and head that required stitches.
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 Woman Sentenced for Child AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, woman convicted of Felony Child Abuse and Neglect was sentenced on May 12, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Cheryl Jealous of Him, age 51, was sentenced to 14 years of imprisonment, 3 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund and $13,846.94 in restitution to the South Dakota Crime Victims' Compensation Program.
In April 2013, at Pine Ridge, Jealous of Him caused the death of her infant grandson by subjecting him to multiple blunt force trauma. At the time of the incident, Jealous of Him was intoxicated while the grandson was under her care.
The investigation was conducted by the Federal Bureau of Investigation, 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.
Jealous of Him was immediately turned over to the custody of the U.S. Marshals Service.
McLaughlin Man and Wakpala Man Sentenced for Sexual Contact with A Person Incapable of ConsentingRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man and a Wakpala, South Dakota, man were convicted of Sexual Contact with a Person Incapable of Consenting and were sentenced on May 19, 2014, by U.S. District Judge Charles B. Kornmann.
Joseph Mark Eagle of McLaughin, age 28, was sentenced to 12 months and a day of custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Justin Howard of Wakpala, age 31, was sentenced to 18 months of custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Eagle and Howard were indicted by a federal grand jury on August 22, 2012. They both pled guilty to a Superseding Information on December 23, 2013. The convictions stem from an assault which occurred on August 2, 2008, when both Eagle and Howard sexually assaulted an adult female who was incapable of appraising the nature of the sexual contact and was physically incapable of declining participation in the sexual contact.
This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Standing Rock Law Enforcement Agency. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Howard and Eagle were immediately turned over to the custody of the U.S. Marshals Service to begin serving their sentences.
Eagle Butte Man Charged with Assault with Intent to Commit Murder and Assault by StrangulationRead 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 Intent to Commit Murder and Assault by Strangulation.
Harold Picotte, III, age 40, was indicted on May 13, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on May 16, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about February 20, 2014, Picotte unlawfully assaulted an adult female victim with the intent to commit murder by strangulation and suffocation.
The charge is merely an accusation and Picotte is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Cheyenne River Agency. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.
Picotte 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.
Kola Eagle Hunter, age 29, was indicted on May 13, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on May 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.
The Indictment alleges that on or about May 20, 2013, Eagle Hunter unlawfully assaulted an adult male victim with a club or bat, with intent to do bodily harm to the victim.
The charge is merely an accusation and Eagle Hunter is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Cheyenne River Agency. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.
Eagle Hunter was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Sioux Falls Man Sentenced for Health Care FraudRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota, man convicted of Making False Statements Relating to Health Care Matters was sentenced on May 12, 2014, by U.S. District Judge Karen E. Schreier.
Ricky Dean Johnson, age 59, was sentenced to 2 years of probation and fined $250.
Johnson was indicted by a federal grand jury on July 9, 2013, for False Statements Relating to Health Care Matters and Obtaining Controlled Substances By Fraud. He pled guilty to the false statements charge on February 19, 2014.
Johnson, a Medicare beneficiary, presented himself to multiple physicians at multiple health care facilities, complaining of pain and seeking prescription pain medications, including Hydrocodone and Oxycodone. To obtain the prescriptions from the different doctors, he falsely represented to each treating physician that he was not taking any other prescription pain medications.
This case was investigated by the U.S. Department of Health and Human Services, Office of Inspector General, Office of Investigations. Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.
Parmelee Man Sentenced for Abusive Sexual Contact by ForceRead the Press Release
United States Attorney Brendan V. Johnson announced that a Parmelee, South Dakota, man convicted of Abusive Sexual Contact by Force was sentenced on May 12, 2014, by U.S. District Judge Roberto A. Lange.
Daryl Plumman, age 21, was sentenced to 5 years in custody, 5 years of supervised release, a $100 special assessment to the Federal Crime Victims Fund, and $44.46 in restitution.
Plumman was indicted for Abusive Sexual Contact by Force by a federal grand jury on May 15, 2013. He pled guilty on February 20, 2014.
The conviction stems from an incident that took place in July 2011 at Parmelee, when Plumman began to kiss the victim and she attempted to end the encounter. Plumman held her down while he removed her pants and touched her inappropriately.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Marie H. Ruettgers prosecuted the case.
Plumman was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Sentenced for Involuntary ManslaughterRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of Involuntary Manslaughter was sentenced on May 13, 2014, by U.S. Magistrate Judge Mark A. Moreno.
Colin Whirlwind Solider, age 21, was sentenced to 30 months in custody, 3 years of supervised release, a $100 special assessment to the Federal Crime Victims Fund, and $7,560.68 in restitution.
Whirlwind Soldier was indicted for Involuntary Manslaughter by a federal grand jury on November 14, 2013. He pled guilty on February 20, 2014.
The conviction stems from an incident that took place on September 18, 2013, when Whirlwind Soldier was driving a motor vehicle while under the influence of alcohol. Whirlwind Soldier drove between 65 and 69 miles per hour in a 35-mile per hour zone, failed to keep the vehicle on the roadway, and rolled. The victim was ejected from the vehicle and killed as a result of blunt force trauma sustained in the crash. Whirlwind Soldier had a blood alcohol level of .178.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation. Assistant U.S. Attorney Tim Maher prosecuted the case.
Whirlwind Solider 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 May 13, 2014, by U.S. District Judge Roberto A. Lange.
Reno Roubideaux, age 40, was sentenced to 84 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Roubideaux was indicted for Assault Resulting in Serious Bodily Injury by a federal grand jury on August 21, 2013. He pled guilty on March 10, 2014.
The conviction stems from an incident that took place on July 1, 2013, in Todd County, when Roubideaux assaulted a man while he was asleep. Roubideaux hit the victim with his fists, while others also assaulted him with their fists and a cane. As a result of the assault, the victim suffered a large laceration to his scalp that required staples to repair.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Marie H. Ruettgers prosecuted the case.
Roubideaux was immediately turned over to the custody of the U.S. Marshals Service.
Bullhead Woman Sentenced for Assaulting, Resisting and Impeding A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a Bullhead, South Dakota, woman convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on May 12, 2014, by U.S. District Judge Charles B. Kornmann.
Darla Yellow Earrings, age 49, was sentenced to 16 months of custody, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Yellow Earrings was indicted by a federal grand jury on August 21, 2013. She pled guilty on November 18, 2013.
The conviction stems from an incident which happened on or about July 14, 2013, when an officer responded to assist another officer in locating a maroon colored Chevrolet Tahoe that was reportedly involved in a hit and run earlier that day. When the assisting officer entered the Bullhead community, he observed the Tahoe, driven by Yellow Earrings, and it was approaching his position at a high rate of speed. At the same time, the other officer’s vehicle was in pursuit of the Tahoe, and had its emergency lights activated. The assisting officer also activated his lights and sirens in an attempt to stop the vehicle. As the Tahoe continued towards the assisting officer, the vehicle crossed into his lane, still at a high rate of speed, and the officer had to accelerate rapidly and swerve to avoid being struck. The Tahoe refused to slow down and both officers joined in the pursuit and followed it to a private residence. Once the vehicle had stopped, they were able to place Yellow Earrings in custody.
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Yellow Earrings was immediately turned over to the custody of the U.S. Marshals Service.
Bullhead Woman Sentenced for Assaulting, Resisting and Impeding A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota, man charged with Failure to Appear pled guilty and was sentenced on May 13, 2014, by U.S. Magistrate Judge Mark A. Moreno.
David Andrews, age 33, was sentenced to 6 months of custody to be served consecutive to the sentence imposed in another federal case, and a $25 special assessment to the Federal Crime Victims Fund.
Andrews was indicted on July 18, 2012, for Possession with Intent to Distribute a Controlled Substance. He appeared with his attorney in front of U. S. Magistrate Judge Mark Moreno on August 6, 2012, and was detained.
On February 21, 2013, Andrews pled guilty to a Superseding Information charging him with Possession of a Controlled Substance. During the change of plea hearing, Andrews was notified that sentencing was scheduled for Monday, May 6, 2013, at the U.S Courthouse in Pierre. Following the change of plea hearing, Andrews was released on a Personal Recognizance Bond pending sentencing. He signed the Order Setting Conditions of Release on February 22, 2013, indicating he understood that failure to appear for court could lead to prosecution, and that he needed to appear as directed by the Court.
Andrews failed to appear on May 6, 2013, as directed, and the Court noted his absence at the sentencing hearing. The District Court allowed Andrews an additional 24 hours to appear, but he failed to do so. His whereabouts were unknown until February 19, 2014, when he was arrested in Sioux Falls.
The investigation was conducted by the U.S. Marshals Service. The case was prosecuted by Assistant U.S. Attorney Jay Miller.
Andrews was remanded to the custody of the U.S. Marshals Service.
St. Francis Man Sentenced for Domestic Assault by A Habitual OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota, man convicted of Domestic Assault by a Habitual Offender was sentenced on May 12, 2014, by U.S. District Judge Roberto A. Lange.
Fabian McCloskey, age 39, was sentenced to 37 months in custody, 2 years of supervised release, and $100 to the Federal Crime Victims Fund.
McCloskey was indicted by a federal grand jury on December 10, 2013. He pled guilty on February 11, 2014.
The conviction stems from an incident on November 29, 2013, when McCloskey was at a family member’s home where the victim and her children were staying during the Thanksgiving holiday. McCloskey asked the victim to sit with him in another room. When she refused, he struck her several times in the face, then pulled the victim toward him by her hair, and drove his knee toward the victim’s head, striking her several times. As a result, the victim suffered minor injuries to her face, including several welts to her forehead and cuts to her lips and the inside of her mouth.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Marie H. Ruettgers prosecuted the case.
McCloskey was immediately turned over to the custody of the U.S. Marshals Service.
Ridgeview Man Sentenced for Possession of A Firearm by A Prohibited PersonRead the Press Release
United States Attorney Brendan V. Johnson announced that a Ridgeview, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on May 12, 2014, by U.S. District Judge Roberto A. Lange.
Gary Big Eagle, age 50, was sentenced to 10 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Big Eagle was indicted for Possession of a Firearm by a Prohibited Person by a federal grand jury on September 17, 2013. He pled guilty to the Indictment on February 11, 2014.
The conviction stems from an incident that took place on May 23, 2013, when a Cheyenne River Sioux Tribe Police Officer responded to a call. The officer entered the residence from where the call originated and was told that Big Eagle, who had been staying at the residence, was a convicted felon who had taken a rifle from the owner and refused to give it back. The officers found a rifle in the room where Big Eagle was staying. Big Eagle admitted he had been previously convicted of a felony and that he had not applied to be able to legally possess a firearm. He further acknowledged that the rifle in the room belonged to his mother, and that he used it to shoot skunks and snakes around the property.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case was prosecuted by Assistant U.S. Attorney Jay Miller.
Big Eagle was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.
Fort Thompson Man Charged with Assault and RobberyRead 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 Domestic Assault by a Habitual Offender, Assault with a Dangerous Weapon, and Robbery.
Gary Walking Bull, age 36, was indicted on April 22, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 12, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 15 years in custody and/or a $250,000 fine, 3 years of supervised release, and up to $400 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between March 21, 2014, and March 22, 2014, and again on April 7, 2014, Walking Bull unlawfully committed domestic assaults against a victim. At the time of the assaults, Walking Bull had at least two separate prior convictions for assaults that were against a spouse or intimate partner. In one of the cases, the victim was assaulted with a dangerous weapon and money was taken from her.
The charges are merely accusations and Walking Bull 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.
Walking Bull was remanded to the custody of the U.S. Marshals Service pending trial which has been set for July 1, 2014.
Three Sentenced in Wire Fraud CaseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, woman, her husband, and her son were sentenced on April 29, 2014, by U.S. District Judge Roberto A. Lange.
On October 10, 2012, Shannon Running, age 55, and Norman Running, Sr., age 55, both of Rosebud, and their son Norman Running, Jr., age 35, of Soldier Creek, were all indicted by a federal grand jury for Conspiracy to Commit Wire Fraud. Shannon was also charged with six counts of Wire Fraud, and Norman, Jr. was also charged with Structuring Currency Transactions.
Shannon and Norman, Sr. both pled guilty to the conspiracy charge on February 4, 2014. The other charges against Shannon were dismissed. On the same date, Norman, Jr. pled guilty to a Superseding Information charging him with Larceny, and the original Indictment against him was dismissed.
Shannon was sentenced to 51 months in custody, to be followed by 3 years of supervised release. She was ordered to pay restitution in the amount of $405,790.
Norman, Sr. was sentenced to 3 years of probation. He was ordered to pay restitution in the amount of $35,832.80.
Norman, Jr. was sentenced to 3 years of probation. He was ordered to pay restitution in the amount of $10,130.
In approximately June of 2009, Shannon Running contacted an acquaintance in California and told him that she expected to receive a large inheritance from her grandmother, which was untrue. Shannon requested that the victim provide her and her family with financial assistance, and assured him he would be repaid from her inheritance.
The victim was unable to provide the entire amount of financial support requested by Shannon, so he recruited some of his friends to loan money to the Running family as well.
The victims were contacted by e-mail and were instructed to send money via Western Union, MoneyGram, and other wire transfer methods. All three defendants benefitted from the scheme.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.
Shannon Running was allowed to self-surrender to the U.S. Marshals Service on May 6, 2014, and the two other defendants immediately began their terms of probation.
Rosebud Man Charged with Firearm Violations and Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Possession of Unregistered Firearm, Prohibited Person in Possession of Firearm, Assault with a Dangerous Weapon and Using and Carrying a Firearm During and in Relation to a Crime of Violence.
Clyde Aquallo, age 39, was indicted on April 22, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 5, 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 February 27, 2014, Aquallo, being an unlawful user of a controlled substance, knowingly received and possessed several firearms, one of which was a short barreled shotgun that was not registered to Aquallo. On or about March 3, 2014, Aquallo unlawfully assaulted the victim with a rifle, and did carry and use the firearm during a crime of violence.
The charges are merely accusations and Aquallo 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 Tim Maher is prosecuting the case.
Aquallo was released to a third party custodian pending trial. A trial date has been set for July 1, 2014.
McLaughlin Man Charged with Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury.
Logan Hayes, age 26, was indicted on April 15, 2014. He appeared before U.S. Magistrate Judge William D. Gerdes on May 6, 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 July 31, 2012, Hayes unlawfully assaulted the victim, which resulted in serious bodily injury.
The charge is merely an accusation and Hayes 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.
Hayes was released on bond pending trial. A trial date has not been set.
Martin Woman Sentenced in Federal Program Fraud CaseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Martin, South Dakota, woman convicted of Conspiracy to Commit Theft Concerning Programs Receiving Federal Funds was sentenced on May 6, 2014, by Jeffrey L. Viken, Chief U.S. District Judge.
Samone Darla Milk, age 32, was sentenced to 14 months in custody, to be followed by 3 years of supervised release. She was also ordered to make restitution of $109,135.
Milk was indicted for Conspiracy to Commit Theft Concerning Programs Receiving Federal Funds and two counts of Theft Concerning Programs Receiving Federal Funds by a federal grand jury on October 8, 2013. She pled guilty to the conspiracy charge on January 3, 2014, and the other charges were dismissed.
From May 2009 through December 2009, Milk formed an agreement with others 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.) In her capacity as executive secretary, Milk and others drafted fake invoices and quotes for contract work purportedly to be completed by co-conspirators. Milk facilitated the processing of these documents through the Energy/LIHEAP program. In turn, 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.
This case was investigated by the U.S. Department of Health and Human Services, 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 22, 2014.
Howes Woman Sentenced for Credit Union EmbezzlementRead the Press Release
United States Attorney Brendan V. Johnson announced that a Howes, South Dakota, woman convicted of embezzlement from a credit union was sentenced on April 29, 2014, by U.S. District Judge Robert A. Lange.
Sara Jo Morrison, age 33, was sentenced to 1 month in custody to be followed by 2 years of supervised release. She was also ordered to make restitution in the amount of $5,400.
Morrison was indicted for Credit Union Embezzlement by a federal grand jury on July 17, 2013. She pled guilty on January 14, 2014.
Between October 2010 and January 2011, Morrison was employed as a teller at a credit union in Eagle Butte. She took money from her teller drawer and then falsely recorded the drawer’s cash count on the credit union’s books.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.
Morrison was allowed to self-surrender to the U.S. Marshals Service on May 6, 2014.
Spearfish Man Indicted on Child Pornography ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Spearfish, South Dakota, man has been indicted by a federal grand jury for Production of Child Pornography Transported to the United States, Travel with Intent to Engage in Sexual Activity, and Possession of Child Pornography.
Richard William Melanson, age 51, was indicted on April 8, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on May 1, 2014, and pled not guilty to the Indictment.
The penalty upon conviction is not less than 15 years and up to 30 years’ imprisonment and/or a $250,000 fine, up to life of supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment charges that between January 2008 and June 2011, Melanson knowingly possessed computer files that contained child pornography images, induced a minor outside of the United States to produce a pornographic image, and traveled to Guatemala to engage in sexual acts with minors.
The charges are merely accusations and Melanson is presumed innocent until and unless proven guilty.The investigation is being conducted by the South Dakota Internet Crimes Against Children Task Force and the U.S. Immigration and Customs Enforcement's Homeland Security Investigations. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.
Melanson was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
Rapid City Man Sentenced for Receipt of Child PornographyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of Receipt of Child Pornography was sentenced on April 29, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Rodney Volker, age 67, was sentenced to 108 months in custody, 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Volker was indicted for Possession of Child Pornography and Receipt of Child Pornography by a federal grand jury on October 22, 2013. He pled guilty to the Receipt of Child Pornography charge on January 2, 2014.
The charge related to Volker taking his computer to a computer repair company in Rapid City on September 19, 2013, and asking them to wipe it clean of all data because it wasn’t working properly. While the computer company employee was doing this, he viewed what he believed to be child pornography on the computer and reported it to law enforcement. After a forensic analysis was done on the computer, 122 images of child pornography were found, many involving sexual acts by children with adult males and many involving girls under the age of 10.
This case was investigated by the Rapid City Police Department and the South Dakota Internet Crimes against Children Taskforce. Assistant U.S. Attorney Sarah Collins prosecuted the case.
Volker was immediately turned over to the custody of the U.S. Marshals Service.
McLaughlin Man Charged with AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Justin Walking Elk, age 31, was indicted on April 15, 2014. He appeared before U.S. Magistrate Judge William D. Gerdes on May 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, 3 years of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about October 10, 2013, Walking Elk unlawfully assaulted two victims, with one of the assaults resulting in serious bodily injury.
The charge is merely an accusation and Walking Elk 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.
Walking Elk was released on bond pending trial. A trial date has not been set.
Howes Man Charged with Unlawful Taking of Bald EagleRead the Press Release
United States Attorney Brendan V. Johnson announced that a Howes, South Dakota, man has been charged with a federal offense of Unlawful Taking of Bald Eagle by an Information filed on April 11, 2014.
Cody M. Weyer, age 42, appeared before U.S. Magistrate Judge Veronica L. Duffy on May 2, 2014, and pled not guilty to the charge.
The maximum penalty upon conviction is one year of imprisonment and/or a $100,000 fine, one year of supervised release and an additional year of supervised release upon revocation, and a $25 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The Information alleges that Weyer, between January 1, 2014, and January 21, 2014, without permission to do so, knowingly killed a bald eagle.
The charge is merely an accusation and Weyer is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Fish and Wildlife Services. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Weyer was released on bond pending trial which has been set for July 8, 2014.
Eagle Butte Woman Sentenced for Two Counts of Simple Assault of A MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, woman convicted of two counts of Simple Assault of a Minor was sentenced on May 2, 2014, by U.S. Magistrate Judge Mark A. Moreno.
Terri Kills Crow, a/k/a Terri Village Center, age 28, was sentenced to 24 months of probation and a $50 special assessment to the Federal Crime Victims Fund.
Kills Crow was indicted by a federal grand jury on May 15, 2013, and pled guilty to two counts of Simple Assault of a Minor on February 21, 2014.
The conviction arose from two incidents in November 2012 when Kills Crow assaulted two minor victims in Eagle Butte who had not attained the age of 16. In the first incident, Kills Crow grabbed the victim’s arm and pulled in an inappropriate, excessive, and offensive manner that caused the victim great pain and exacerbated an existing arm injury. In the second incident, in an attempt to punish the victim, Kills Crow hit the victim with a fly swatter in an excessive and offensive manner that went beyond any normal or reasonable means of punishment or correction for a young child.
The investigation was conducted by the Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Division. The case was prosecuted by Assistant U.S. Attorney Mikal Hanson.
Arizona Man Sentenced for 1997 EscapeRead the Press Release
United States Attorney Brendan V. Johnson announced that an Arizona man convicted of Escape was sentenced on May 5, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Steven C. Durant, age 55, was sentenced to 18 months in custody, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
In 1992, Durant was sentenced to 78 months in custody on a firearms violation. Upon completion of his sentence, he was placed on supervised release. After one month of supervised release at the Community Alternatives of the Black Hills, Durant absconded on March 21, 1997. Durant was then indicted for Escape by a federal grand jury on April 9, 1997. Following that Indictment, Durant evaded authorities for over 16 years until his capture by the U.S. Marshals Service in Arizona on September 10, 2013. He pled guilty to the Escape charge on December 12, 2013.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Durant was immediately returned to the custody of the U.S. Marshals Service.
Winner Woman Charged with Distribution of A Controlled Substance and Possession with Intent to Distribute A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that a Winner, South Dakota, woman has been indicted by a federal grand jury for Distribution of a Controlled Substance and Possession with Intent to Distribute a Controlled Substance.
Alice Blacksmith, age 49, was indicted on April 15, 2014. She appeared before U.S. Magistrate Judge Mark A. Moreno on April 28, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 20 years in custody and/or a $1,000,000 fine, at least 3 years of supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that in February and March of 2014, Blacksmith possessed and knowingly and intentionally distributed methamphetamine, a Schedule II controlled substance, on the Rosebud Sioux Reservation in South Dakota.
The charges are merely an accusation and Blacksmith 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 Jay Miller is prosecuting the case.
Blacksmith was released on bond pending trial. A trial date has not been set.
Wanblee Woman Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Brendan V. Johnson announced that a Wanblee, South Dakota, woman convicted of Conspiracy to Distribute Methamphetamine was sentenced on April 22, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Shy Bettelyoun, age 30, was sentenced to 30 months in custody, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Bettelyoun was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on February 20, 2013. She pled guilty on November 8, 2013.
The charge relates to Bettelyoun and others, including Angel Provincial, Robert Provincial, Clinton Provincial, Shawna Provincial, and Diana Bald Eagle, conspiring to distribute methamphetamine in the District of South Dakota between the timeframe of August 2009 and February 2013.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, the Federal Bureau of Investigation, the Bureau of Indian Affairs Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Ted L. McBride prosecuted the case.
Bettelyoun was immediately turned over to the custody of the U.S. Marshals Service.
Three Fort Thompson Brothers Charged with Possession of A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that three Fort Thompson, South Dakota, men have been charged by Information with three counts of Possession of a Controlled Substance.
Lucas Middletent, age 27; Victor Middletent, age 30; and Thomas Middletent, age 32, were charged by Information on April 21, 2014. Lucas and Thomas Middletent appeared before U.S. Magistrate Judge Mark A. Moreno on April 23, 2014, and pled not guilty to the Information. Victor Middletent appeared before Judge Moreno on April 30, 2014, and pled not guilty to the Information.
The maximum penalty upon conviction is 1 year of imprisonment, and/or a mandatory $1,000 fine up to a $100,000 fine, 1 year of supervised release, an additional 1 year of supervised release upon revocation, and a mandatory $25 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The Information alleges that at various times between July 2013 and November 2013, in Fort Thompson, Lucas, Victor, and Thomas Middletent intentionally and knowingly possessed methamphetamine, a Schedule II controlled substance.
The charges are merely accusations, and all three men are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Jay Miller is prosecuting the cases.
All three men were released on bond pending trial. A trial date has not been set.
St. Francis Man Sentenced for Attempt to Obtain Controlled Substance by FraudRead the Press Release
United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota, man convicted of Attempt to Obtain Controlled Substance by Fraud was sentenced on April 28, 2014, by U.S. District Judge Roberto A. Lange.
Titus Iron Shield, age 48, was sentenced to 3 months in custody, 1 year of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Iron Shield was indicted for Attempt to Obtain Controlled Substance by Fraud by a federal grand jury on January 15, 2014. He pled guilty on February 3, 2014.
On approximately April 30, 2013, Iron Shield fraudulently presented an altered prescription in an attempt to receive 30 Hydrocodone pills from the Rosebud Indian Health Service Pharmacy. A pharmacist examined the prescription, recognized it could be an invalid and fraudulent prescription, and the matter was reported to law enforcement authorities.
This case was investigated by Office of Inspector General – Department of Health and Human Services. Assistant U.S. Attorney Tim Maher prosecuted the case.
Iron Shield was immediately turned over to the custody of the U.S. Marshals Service.
Six People from Rapid City Sentenced for Immigration Related CrimesRead the Press Release
United States Attorney Brendan V. Johnson announced that six individuals, five of whom are family members, have been sentenced for their roles in a conspiracy to harbor aliens and for harboring aliens between January 2008 and May 2013. The fraud is in connection with contracts entered into with the U.S. Forest Service.
The convictions are a result of a criminal investigative operation conducted by U.S. Immigration and Customs Enforcement's Homeland Security Investigations, in cooperation with the U.S. Forest Service, the Rapid City Police Department, the Pennington County Sheriff's Office, the South Dakota Division of Criminal Investigation, the Custer County’s Sheriff’s Office, the U.S. Department of Labor, and other federal and state law enforcement agencies.The following individuals were sentenced on April 24 and April 25, 2014:
*Angel Munoz-Escalante, age 60, owner and operator of Munoz Logging and Construction Company, was sentenced for False Statement. He received 12 months and 1 day of imprisonment, 1 year of supervised release, 50 hours of community service, $539,507.92 in restitution, a $100 assessment to the Federal Crime Victims Fund, and forfeiture of a 2007 Dodge Ram pickup truck, a 2006 Dodge pickup truck, a Timbco Valmet T445 EXL, a Timbco T425B, and $108,590.08 in currency. The total value of the seized and forfeited items is $260,492.08.Munoz-Escalante intentionally submitted approximately 50 contract certifications for payment to the U.S. Forest Service. The certifications were in violation of law, as they contained materially false statements. The work performed on the contracts was not done in accordance with the contract terms because Munoz-Escalante employed undocumented aliens and failed to pay workers at prevailing wage and benefit rates. Munoz-Escalante is scheduled to begin his prison term on May 26, 2014.
*Barbara Munoz, age 55, owner and operator of Munoz Logging and Construction Company, was sentenced for Misprison of a Felony. She received 1 year of probation, 100 hours of community service, and a $100 assessment to the Federal Crime Victims Fund. Munoz was aware that her husband, Angel Munoz-Escalante, was committing federal felony crimes by circumventing U.S. Forest Service contract requirements and did not report those crimes.
*Aurelio Munoz-Escalante, age 51, owner and operator of Black Hills Thinning Company, was sentenced for False Statement. He received 3 months of imprisonment, 1 year of supervised release, $135,276.88 in restitution, a $100 assessment to the Federal Crime Victims Fund, and forfeiture of a 518C Skidder, a 2005 CAT 525B Skidder, and $116,724.12 in currency. The total value of the seized and forfeited items is $165,590.12. Aurelio Munoz-Escalante intentionally submitted approximately 32 contract certifications for payment to the U.S. Forest Service. The certifications were in violation of law, as they contained materially false statements. The work performed on the contracts was not done in accordance with the contract terms because Aurelio Munoz-Escalante employed undocumented aliens and failed to pay workers at prevailing wage and benefit rates. Aurelio Munoz-Escalante is scheduled to begin his prison term at a later date.
*Rogelio Escalante, age 57, owner and operator of Escalante Logging Company and Escalante Logging and Thinning Company, was sentenced for False Statement. He received 6 months of home confinement, 2 years of probation, $249,155.23 in restitution, a $100 assessment to the Federal Crime Victims Fund, and forfeiture of a 2005 ASV Positract RC 100, a Tigercat 610C Skidder, a 1998 Timberjack 460 Skidder, and $38,875.29 in currency. The total value of the seized and forfeited items is $223,875.29. Escalante intentionally submitted approximately 25 contract certifications for payment to the U.S. Forest Service. The certifications were in violation of law, as they contained materially false statements. The work performed on the contracts was not done in accordance with the contract terms because Escalante employed undocumented aliens and failed to pay workers at prevailing wage and benefit rates.
*Miguel Soto, age 31, foreman for Black Hills Thinning Company, was sentenced for Continuing Unlawful Employment of Aliens. He received a $2,500 fine, a $10 special assessment to the Federal Crime Victims Fund, and forfeiture of $3,087 in currency. Soto, while working for Black Hills Thinning Company as a supervisor, knowingly paid illegal alien employees. In addition, while running his own logging crew, he knowingly employed illegal workers.
*Pascual Munoz, age 55, owner and operator of Pine Forest Logging and Thinning, was sentenced for Continuing Unlawful Employment of Aliens. He received a $2,500 fine, a $10 special assessment to the Federal Crime Victims Fund, and forfeiture of his logging equipment. The total value of the seized and forfeited items is $22,500. Munoz hired illegal workers, did not pay insurance or overtime, and did not provide safety equipment, all in violation of his U.S. Forest Service contracts.
Assistant U.S. Attorneys Sarah B. Collins and Eric Kelderman prosecuted the cases.
Four additional defendants associated with this case will be sentenced at a later date.
Rosebud Man Charged with Sexual Abuse of A MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse of a Minor.
Arnold Eagle Bear, age 31, was indicted on April 22, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 30, 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, life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between November 1, 2013, and December 31, 2013, Eagle Bear had sexual contact with a minor who had not attained the age of 16.
The charge is merely an accusation and Eagle Bear 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.
Eagle Bear was released on bond pending trial. A trial date has not been set.
Rapid City Man Sentenced on Assault ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted by a federal jury on charges of Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury, was sentenced on April 25, 2014, by U.S. District Court Judge Karen E. Schreier.
Richard Bear Runner, age 25, was sentenced to 57 months of imprisonment, 3 years of supervised release, and ordered to pay a $200 special assessment to the Federal Crime Victims Fund.
In September 2012, at Porcupine, Bear Runner assaulted a woman with a wooden stick that had a sharp hook on it, causing multiple cuts on her legs and back.
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.
Bear Runner was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of Conspiracy to Distribute Methamphetamine was sentenced on April 21, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Wilber Sinai Valdovinos-Gil, age 23, was sentenced to 120 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Valdovinos-Gil was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on April 4, 2012. He pled guilty on December 20, 2013.
From June 2010 until April 4, 2012, Valdovinos-Gil conspired and agreed with Hugo Arechiga-Torres, and other persons, to distribute more than 1.5 kilograms of methamphetamine in South Dakota. Torres is scheduled to be sentenced on June 2, 2014.
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.
Valdovinos-Gil was immediately turned over to the custody of the U.S. Marshals Service.
Pine Ridge Man Sentenced for Sexual AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, man convicted of sexual abuse was sentenced on April 29, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Tobacco was immediately turned over to the custody of the U.S. Marshals Service.
Daniel Tobacco, age 20, was sentenced to 48 months in custody, 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Tobacco was indicted for Sexual Abuse by a federal grand jury on June 12, 2012. He was convicted following a federal jury trial in Rapid City in January of 2013.
The conviction stems from Tobacco engaging in a sexual act with an unconscious female at Pine Ridge on February 23, 2012.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Supervisory Assistant U.S. Attorney Gregg S. Peterman handled the sentencing.
Pierre Woman Sentenced for Making False Statements to A Federal AgencyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pierre, South Dakota, woman convicted of Making False Statements to a Federal Agency was sentenced on April 28, 2014, by U.S. District Judge Roberto A. Lange.
Kelsey Howe, age 20, was sentenced to 2 months in custody, 1 year of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Howe was indicted by a federal grand jury on November 14, 2013. She pled guilty on February 3, 2014.
The conviction stems from an incident on October 31, 2013, when law enforcement received information that Jason Garreau, an individual they were searching for following a shooting with law enforcement, had called family from a telephone number that was associated with Howe’s trailer home in Pierre. The officer spoke with Howe on the telephone and told her there had been an officer involved in a shooting in Fort Thompson and that he needed to locate Garreau to speak with him. The officer asked Howe if she knew Garreau’s location. Howe told the officer that she did not. The officer then asked Howe if she was at her residence, and she said she was at a relative’s home in southeast Pierre.
A few minutes after the call, officers observed Howe exit her residence. She was stopped by law enforcement a few blocks away, and was again asked if anyone was inside her residence. She said no one was inside the home, and said she had not seen Garreau in the past two weeks. Howe was then confronted by an officer with the drug task force about lying to the officers. She finally stated that she knew Garreau, and he was, in fact, inside her residence at the time. Howe told agents that Garreau had arrived at her residence around 12:30 a.m. and that he had a long black gun with him in the house. A lengthy standoff with Garreau ensued and he was eventually taken into custody.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Howe was immediately turned over to the custody of the U.S. Marshals Service.
Parmelee Man Sentenced for Failure to AppearRead the Press Release
United States Attorney Brendan V. Johnson announced that a Parmelee, South Dakota, man convicted of Failure to Appear was sentenced on April 28, 2014, by U.S. District Judge Roberto A. Lange.
Adam Poor Bear, age 24, was sentenced to 12 months and 1 day in custody, and a $100 special assessment to the Federal Crime Victims Fund.
Poor Bear was indicted for Failure to Appear by a federal grand jury on December 10, 2013. He pled guilty on March 5, 2014.
On December 2, 2013, Poor Bear, having been charged with Assault with a Dangerous Weapon and Supervised Release Revocation, failed to appear for his sentencing hearing as ordered by the court.
This case was investigated by the U.S. Marshals Service and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Tim Maher prosecuted the case.
Poor Bear was immediately turned over to the custody of the U.S. Marshals Service.
Mobridge Man Sentenced for Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mobridge, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on April 28, 2014, by U.S. District Judge Charles B. Kornmann.
Brandon Noisy Hawk, age 32, was sentenced to 21 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Noisy Hawk was indicted by a federal grand jury on July 17, 2013. He pled guilty on December 2, 2013.
The conviction stems from Noisy Hawk failing to register as a sex offender between April 13, 2013, and June 30, 2013. Noisy Hawk was previously convicted of a sex offense in federal court and is required by federal law to register as a sex offender for the rest of his life.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Noisy Hawk was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Charged with Burglary and LarcenyRead 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 Burglary and Larceny.
Eugene Watts, Jr., age 19, was indicted on April 15, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 28, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about July 24, 2013, in Mission, Watts and others entered an unoccupied structure and took several items valued at more than $1,000.
The charge is merely an accusation and Watts 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 Marie H. Ruettgers is prosecuting the case.
Watts was released to a third party custodian pending trial. A trial date has not been set.
Mission Man Charged with Assaulting A Federal OfficerRead 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 Assaulting, Resisting, Opposing, and Impeding a Federal Officer.
Logan Lafferty, age 27, was indicted on April 22, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 28, 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 March 8, 2014, Lafferty did use a dangerous weapon, a vehicle, to assault law enforcement officers.
The charge is merely an accusation and Lafferty 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.
Lafferty was released to a third party custodian pending trial. A trial date has not been set.
McLaughlin Woman Sentenced for Distribution of A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, woman convicted of Distribution of a Controlled Substance was sentenced on April 28, 2014, by U.S. District Judge Charles B. Kornmann.
Adjoni Jones, a/k/a Adjoni Archambault, age 33, was sentenced to 18 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Jones was indicted for Distribution of a Controlled Substance to a Person under the Age of 21, Distribution of a Controlled Substance, and Child Abuse and Neglect by a federal grand jury on June 12, 2013. She pled guilty to Distribution of a Controlled Substance on December 2, 2013.
The conviction arose from incidents that occurred between July 1, 2009, and July 30, 2012, when Jones distributed and possessed with intent to distribute methylphenidate, a Schedule II controlled substance, at McLaughlin.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorneys Kathryn Rich and Jay Miller prosecuted the case.
Jones was immediately turned over to the custody of the U.S. Marshals Service to begin serving her sentence.
Hill City Man Sentenced for Possession with Intent to Distribute Marijuana and Possession of A Stolen FirearmRead the Press Release
United States Attorney Brendan V. Johnson announced that a Hill City, South Dakota, man convicted of Possession with Intent to Distribute a Controlled Substance and Possession of a Stolen Firearm was sentenced on April 21, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Levi Allen Thompson, age 32, was sentenced to 37 months in custody, 3 years of supervised release, and a $200 special assessment to the Federal Crime Victims Fund.
Thompson was indicted for Possession with Intent to Distribute a Controlled Substance and Possession of a Stolen Firearm by a federal grand jury on July 23, 2013. He pled guilty on December 20, 2013.
On December 13, 2012, a safe containing marijuana and that belonged to the defendant was seized in Pennington County, South Dakota. Thompson was aware that the safe contained 158 grams of marijuana, and he intended to distribute at least part of that amount. In addition, between November 2012 and December 2012, Thompson possessed a Ruger .357 revolver that he knew had been stolen.
This case was investigated by the South Dakota Division of Criminal Investigation and the Rapid City Police Department. Assistant U.S. Attorney Ted L. McBride prosecuted the case.
Thompson was immediately turned over to the custody of the U.S. Marshals Service.
Fort Thompson Man Sentenced for Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Fort Thompson, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on April 28, 2014, by U.S. District Judge Roberto A. Lange.
Stuart Dion, age 30, was sentenced to 15 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Dion was indicted by a federal grand jury on November 14, 2013. He pled guilty on February 3, 2014.
The conviction stems from Dion failing to register as a sex offender between September 17, 2013, and October 21, 2013. Dion was previously convicted of a sex offense in federal court and is required by federal law to register as a sex offender for the rest of his life.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Dion was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for Abusive Sexual Contact with A ChildRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man convicted of Abusive Sexual Contact with a Child was sentenced on April 28, 2014, by U.S. District Judge Roberto A. Lange.
Daniel Briggs, age 28, was sentenced to 135 months in custody, 5 years of supervised release, $43.20 in restitution, and a $100 special assessment to the Federal Crime Victims Fund.
Briggs’ conviction is the result of an incident that occurred between December 2010 and December 2012, when Briggs was living with the victim’s mother. At times, when the mother was at work, Briggs was the victim’s caretaker, and had custody and control of the child victim, who was between the ages of 3 and 5 years old. At some point during his babysitting, Briggs had the child victim perform a sex act on him.
This case was investigated by the Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Briggs was immediately turned over to the custody of the U.S. Marshals Service.
Allen Man Sentenced for First Degree BurglaryRead the Press Release
United States Attorney Brendan V. Johnson announced that an Allen, South Dakota, man convicted of First Degree Burglary was sentenced on April 28, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
George Cortier, age 26, was sentenced to 6 months in custody, 2 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Cortier was indicted for First Degree Burglary by a federal grand jury on November 19, 2013. He pled guilty on January 13, 2014.
The conviction relates to an incident that happened in July of 2013 when Cortier entered a residence through a basement window during the nighttime while the resident of the home was sleeping. Once inside the home, Cortier stole three television sets, a VCR, a handsaw, and a chainsaw.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Cortier was immediately turned over to the custody of the U.S. Marshals Service.
Vale Man Charged with Unlawful Taking of Migratory Birds and Lacey Act ViolationsRead the Press Release
United States Attorney Brendan V. Johnson announced that a Vale, South Dakota, man has been charged with a federal offense of Unlawful Taking of Migratory Birds and Lacey Act Violations by an Information filed on April 11, 2014.
Glen V. Schummer, age 68, appeared before U.S. Magistrate Judge Veronica L. Duffy on April 22, 2014, and pled not guilty to the charge.
The maximum penalty upon conviction is one year of imprisonment and/or a $100,000 fine, one year of supervised release and an additional year of supervised release upon revocation, and up to a $35 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The Information alleges that Schummer, between February 13, 2013, and February 13, 2014, knowingly hunted, killed, transported, received and acquired wildlife, specifically hawks and owls, when Schummer knew the protected birds were taken, possessed, and transported in a manner unlawful under the law and regulations of the United States.
The charges are merely accusations and Schummer is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Fish and Wildlife Services. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Schummer was released on bond pending trial, which has been set for July 1, 2014.