District of South Dakota
Press releases recorded for this federal judicial district.
Rosebud Man Charged with Failure to AppearRead 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 Failure to Appear.
Chauncy Crow Dog, age 20, was indicted on April 22, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 25, 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 March 24, 2014, Crow Dog, having been charged with the offenses of Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury, did knowingly fail to appear for a pretrial conference on March 24 and a jury trial on March 25.
The charge is merely an accusation and Crow Dog is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service, the Federal Bureau of Investigation, and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Tim Maher is prosecuting the case.
Crow Dog was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rapid City Woman Sentenced for Involuntary ManslaughterRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, woman convicted of Involuntary Manslaughter was sentenced on April 22, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Lavina Mackey, age 54, was sentenced to 5 years in custody, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Mackey was indicted for Felony Child Abuse and Neglect, Involuntary Manslaughter, and Operating a Motor Vehicle under the Influence of Alcohol Resulting in Serious Bodily Injury to a Minor Child by a federal grand jury on August 29, 2012. She pled guilty to the Involuntary Manslaughter charge on December 2, 2013.
The charge related to Mackey driving a Ford Expedition while intoxicated on May 4, 2012, near Red Shirt Table on the Pine Ridge Indian Reservation. Mackey lost control of the vehicle and caused a roll-over accident. Among the several occupants of the vehicle was an unrestrained three-year-old child, who was thrown from the vehicle and died from his injuries.
This case was investigated by the South Dakota Highway Patrol, 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.
Mackey was immediately turned over to the custody of the U.S. Marshals Service.
Pennsylvania Man Sentenced for Possession with Intent to Distribute A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that a Newton Square, Pennsylvania, man convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on April 23, 2014, by U.S. District Judge Roberto A. Lange.
David Wallace, age 53, was sentenced to 57 months of imprisonment, a $1,000 fine, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Wallace was indicted by a federal grand jury on April 2, 2013. He pled guilty on December 12, 2013.
The conviction stems from an incident on March 14, 2013, when a South Dakota Highway Patrol Trooper spoke with occupants of a motor home, including Wallace, when they stopped for fuel. After his suspicions were stirred during the conversations, the trooper deployed his narcotics detection dog. The dog indicated to the odor of illegal drugs in the motor home.
The trooper searched the motor home and found four jars of hashish oil, weighing approximately 673 grams.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force and the South Dakota Highway Patrol. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Wallace was immediately turned over to the custody of the U.S. Marshals Service.
Okreek Man Charged with Assault by Strangulation and Suffocation and Child AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that an Okreek, South Dakota, man has been indicted by a federal grand jury for Assault by Strangulation and Suffocation and Child Abuse.
Joe Scott, age 35, was indicted on April 22, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 25, 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 $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about March 23, 2014, Scott assaulted his dating partner and the victim’s three minor children.
The charge is merely an accusation and Scott 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.
Scott was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
McLaughlin Woman Sentenced for LarcenyRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, woman convicted of Larceny was sentenced on April 24, 2014, by U.S. Magistrate Judge Mark A. Moreno.
Rhea Archambault, age 52, was sentenced to 18 months of probation, a $25 special assessment to the Federal Crime Victims Fund, and $1,450 in restitution.
Archambault was indicted by a federal grand jury on August 21, 2013. She pled guilty to Larceny on January 31, 2014.
The conviction stems from an incident that happened between March 15 and March 20, 2013, when Archambault stole a book of checks belonging to L & L Auto, LLC. Over the next three to five days, Archambault negotiated several checks by forging the signature of one of the co-owners. Some checks were stopped before the money was debited from the account holder’s checking account, while some checks remain due and owing to the various businesses to which they were written.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Maryland Man Sentenced for Attempted Sex TraffickingRead the Press Release
United States Attorney Brendan V. Johnson announced that a Maryland man convicted of Attempted Trafficking with Respect to Involuntary Servitude and Forced Labor was sentenced on April 22, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Michael Francis Fox Jr., 44, was sentenced to 10 years of imprisonment, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. Fox will also be required to register as a sex offender, and he is ordered to forfeit his 2007 Suzuki motor vehicle.
Fox was one of nine men who were arrested and federally indicted as a result of a sex trafficking undercover operation conducted during the 2013 Sturgis Motorcycle Rally, targeting persons willing to pay to have sex with underage girls obtained through the Internet. All nine men were indicted for Commercial Sex Trafficking.
On August 4, 2013, as part of the undercover operation, Fox was arrested for attempting to obtain sex with a 12-year old girl. He responded to a law enforcement-generated Internet advertisement which purported to offer young girls for sex, and he proceeded to negotiate the terms of the sexual encounter. Fox then met with an undercover agent posing as someone who could provide the young girl, and he had the negotiated amount of money and condoms in his possession. Fox was subsequently arrested.
Of the nine original defendants, five have pled guilty. Of those five, three have been sentenced, and the other two await sentencing. One defendant was found guilty by a federal jury, and the 3 remaining defendants are scheduled for trial.
The investigation was conducted by the South Dakota Internet Crimes Against Children Taskforce, the South Dakota Division of Criminal Investigation, the Federal Bureau of Investigation, the Rapid City Police Department, the Pennington County Sheriff’s Office, and the Meade County Sheriff’s Office. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Fox was immediately turned over to the custody of the U.S. Marshals Service.
Manderson Man Sentenced for Voluntary ManslaughterRead the Press Release
United States Attorney Brendan V. Johnson announced that a Manderson, South Dakota, man convicted of Voluntary Manslaughter was sentenced on April 21, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Leonard David Yankton, a/k/a Lenny Yankton, age 38, was sentenced to 114 months in custody, 3 years of supervised release, and ordered to pay $3,000 in restitution and a $100 special assessment to the Federal Crime Victims Fund.
Yankton was indicted for Second Degree Murder by a federal grand jury on August 13, 2013. He pled guilty to Voluntary Manslaughter on December 19, 2013.
The conviction relates to an incident that took place on August 2, 2013, when Yankton and the victim were drinking at a home in Manderson Housing and begin to argue. The fight was eventually taken outside, and Yankton killed the man by repeatedly striking him in the head with a metal bar.
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.
Yankton was immediately turned over to the custody of the U.S. Marshals Service.
Fort Thompson Man Charged with Distribution of A Controlled SubstanceRead 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 Distribution of a Controlled Substance.
Emmanuel Harrison, a/k/a Manny Harrison, age 29, was indicted on April 15, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 23, 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 October 2013, Harrison knowingly and intentionally distributed methamphetamine, a Schedule II controlled substance, at Fort Thompson.
The charge is merely an accusation and Harrison 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.
Harrison was remanded to the custody of the U.S. Marshals Service pending trial.
Eagle Butte Man Charged with Aggravated Sexual Abuse by Force and ThreatRead 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 Aggravated Sexual Abuse by Force and Threat.
Frank Duane Baker Jr., age 42, was indicted on April 15, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 25, 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, at least five years up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that in May 2013, Baker used force and threat of serious bodily injury and death to engage in and attempt to engage in a sexual act with a female victim.
The charge is merely an accusation and Baker is presumed innocent until and unless proven guilty.The investigation is being conducted by the Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.
Baker was remanded to the custody of the U.S. Marshals Service pending trial, which is set for June 16, 2014.
Chamberlain Man Charged with Burglary of A United States Post Office, Theft of Mail, and Theft of Postal Money OrderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Chamberlain, South Dakota, man has been indicted by a federal grand jury for Burglary of a United States Post Office, Theft of Mail, and Theft of Postal Money Order.
James Short Bear, age 19, was indicted on April 15, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 23, 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 between March 2 and March 3, 2014, Short Bear broke into the Chamberlain Post Office and stole mail, as well as a check written to AT&T, and tried to convert it to his own use.
The charges are merely accusations and Short Bear is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Postal Inspection Service. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Short Bear was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Three Men Sentenced for CounterfeitingRead the Press Release
United States Attorney Brendan V. Johnson announced that three men who were indicted by a federal grand jury on September 17, 2013, for Passing and Making Counterfeit United States Currency have been sentenced.
Zane Blake Goodbeau, age 59, of Kimball, South Dakota, was indicted on the charge of Making Counterfeit United States Currency. He pled guilty to the charge on January 9, 2014. He was sentenced on March 31, 2014, to 17.5 months in custody, to be served concurrent to his state court sentence.
John Patrick Laubach, age 42, of Kimball, was indicted for Passing and Making Counterfeit United States Currency. He pled guilty to the charge, and was sentenced on April 7, 2014, to 9 months in custody.
Chaz Thomas Stewart, age 20, of Yorba Linda, California, was indicted on the charges of Passing, Possessing and Making Counterfeit United States Currency. Stewart pled guilty to Possessing Counterfeit United States Currency on January 29, 2014, and was sentenced on April 21, 2014. Stewart was sentenced to 2 months in custody, to be served concurrent to his state sentence.
All three defendants were also ordered to repay $360 in restitution to the victims, and they were all remanded to the custody of the U.S. Marshals Service.
In August of 2013, Laubach and Goodbeau made counterfeit currency using printing materials they kept in a camper at Kimball, and then distributed it to various businesses in the Chamberlain and Kimball areas. During that same time, Stewart possessed a $50 Federal Reserve note that he knew was counterfeit and he tried to pass the bill at an area restaurant.
The investigation was conducted by the Chamberlain Police Department and the U.S. Secret Service. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Porcupine Man Sentenced for Assault on A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a Porcupine, South Dakota, man convicted of Assault on a Federal Officer was sentenced on April 17, 2014, by U.S. Magistrate Judge Veronica L. Duffy.
Troy Brave, age 39, was sentenced to 1 year of unsupervised probation and ordered to pay a $25 special assessment to the Federal Crime Victims Fund.
Brave was indicted on June 18, 2013, by a federal grand jury for assaulting an officer employed by the Oglala Sioux Tribe Department of Public Safety on November 11, 2012.
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.
Pine Ridge Woman Sentenced for Stealing Money OrdersRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, woman convicted of Larceny was sentenced on April 18, 2014, by U.S. Magistrate Judge Veronica L. Duffy.
Bennita Feather Earring, age 48, was sentenced to time served, 1 year of supervised release, and ordered to pay a $25 special assessment to the Federal Crime Victims Fund and $1500 in restitution.
In March 2012, at Pine Ridge, Feather Earring and another person took three money orders belonging to someone else, arranged to have them cashed, and kept part of the money for herself.
The investigation was conducted by the Bureau of Indian Affairs Office of Justice Services and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Sarah Collins prosecuted the case.
Mission Man Charged with First Degree Burglary and AssaultRead 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 First Degree Burglary, Assault with a Dangerous Weapon, and Assault Resulting in Serious Bodily Injury.
Tyler Red Eagle, age 22, was indicted on March 11, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 17, 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, 5 years of supervised release, and up to $700 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about July 2, 2013, at Soldier Creek, Red Eagle and other defendants unlawfully entered and remained in two residences and assaulted a victim in one of the residences with a metal object which resulted in serious bodily injury.
The charge is merely an accusation and Red 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 Marie H. Ruettgers is prosecuting the case.
Red Eagle was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for June 3, 2014.
Lower Brule Man Charged with Sexual Abuse of A MinorRead 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 Sexual Abuse of a Minor.
Daniel Berry, age 25, was indicted on April 15, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 17, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 15 years in custody and/or a $250,000 fine, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between January 1, 2012, and January 31, 2012, Berry knowingly engaged in and attempted to engage in a sexual act with the victim, who had not attained the age of 16 years old.
The charge is merely an accusation and Berry is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Berry was released on bond pending trial. A trial date has not been set.
Terry Friend Recognized for Service to Crime VictimsRead the Press Release
United States Attorney Brendan V. Johnson announced that Terry Friend, CNM, MSN, from Kyle, South Dakota, was awarded a Department of Justice Certificate of Appreciation as part of National Crime Victims’ Rights Week 2014.
Johnson’s staff presented the award to Friend in recognition of National Crime Victims’ Rights Week. The presentation took place at the Four Directions Clinic in Kyle on April 11, 2014.
Friend was recognized for her outstanding dedication, service, and contributions on behalf of crime victims. Originally from Massachusetts, Friend is currently a full time midwife at the Kyle Health Center’s Four Directions Clinic, where she manages two Domestic Violence Prevention Initiatives.
Terry Friend has lived on the Pine Ridge Reservation since 1981. She has provided an innovative approach to healthcare, as evidenced by many of the programs she has pioneered as a midwife for Indian Health Services (IHS). For instance, in 2001, she developed the first sexual assault program on the reservation, which now includes a community setting separate from the emergency room and hospital in Kyle.
One of her most notable accomplishments to date includes the opening of the Four Directions Clinic in Kyle in January of 2014. It provides a clinic based setting and comfortable environment to those needing care after a sexual assault or abuse, as well as offering other services. The 2,400 square feet clinic is located on the Kyle Health Facility Campus. Two clinical nurses work with Friend to provide sexual assault forensic exams, women’s health exams, prenatal care, sexually transmitted disease and HIV screening and treatment, family planning, and community education. The high-tech clinic has three exam rooms, a forensic interview room, reception desk, two staff offices, and a conference room.
“Terry Friend has made remarkable strides in providing quality, compassionate care to women and children on the Pine Ridge Reservation who have been victims of sexual abuse and violence,” said Johnson. “We are very fortunate to have someone of Terry’s caliber who is so committed to helping people on the reservation and who works diligently to ensure their healthcare needs are met.”
Friend has received several awards over the years which include Yale’s Distinguished Alumni Award in 2002 for improvement of healthcare to native women, the National IHS Director’s Award in 2005, and the IHS Prevention Award in 2009 for building partnerships aimed at health promotion and disease prevention.
Mission Man Charged with First Degree Burglary and AssaultRead 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 First Degree Burglary, Assault with a Dangerous Weapon, and Assault Resulting in Serious Bodily Injury.
Waylon Black Lance, Jr., age 24, was indicted on March 11, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 16, 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, 5 years of supervised release, and up to $700 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about July 2, 2013, at Soldier Creek, Black Lance and other defendants unlawfully entered and remained in two residences, and assaulted a victim in one of the residences with a metal object which resulted in serious bodily injury.
The charge is merely an accusation and Black Lance 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.
Black Lance was remanded to the custody of the U.S. Marshals Service pending trial which has been set for June 3, 2014.
Mission Man Charged with Assault Resulting in Serious Bodily Injury and Assault by Strangulation and SuffocationRead 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 Assault Resulting In Serious Bodily Injury and Assault By Strangulation And Suffocation.
Jacob Lee, age 30, was indicted on March 11, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 15, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on February 8, 2014, Lee assaulted the victim by strangling and suffocating her. The assault resulted in serious bodily injury.
The charges are merely accusations and Lee 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.
Lee was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Lantry Man Convicted of Involuntary ManslaughterRead the Press Release
United States Attorney Brendan V. Johnson announced that Charg Hebb, age 20, of Lantry, South Dakota, appeared before District Judge Roberto A. Lange on April 15, 2014, and pled guilty to an Indictment that charged him with Involuntary Manslaughter.
The maximum penalty upon conviction is 1 year and 1 day of custody, 2 years of supervised release, and $100 to the Federal Crime Victims Fund.
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.
The investigation was conducted by the Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Division. The case is being prosecuted by Assistant U.S. Attorney Mikal Hanson.
A presentence investigation was ordered and a sentencing date was set for July 2, 2014. The defendant was released on bond pending sentencing.
Gregory Man Sentenced for Second Degree BurglaryRead the Press Release
United States Attorney Brendan V. Johnson announced that a Gregory, South Dakota, man convicted of Second Degree Burglary was sentenced on April 15, 2014, by U.S. District Judge Roberto A. Lange.
Roger King, age 46, was sentenced to 37 months of custody, 36 months of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
King was indicted by a federal grand jury on April 12, 2013. He pled guilty on February 10, 2014.
The conviction stems from an incident occurring on June 9, 2012, when King entered a house uninvited, distracted the owner, and stole a series of blank checks which he later cashed at local businesses.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
King 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 14, 2014, by U.S. District Judge Roberto A. Lange.
Raynard Bad Moccasin, age 43, was sentenced to 18 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Bad Moccasin was indicted by a federal grand jury on September 17, 2013. He pled guilty on January 22, 2014.
The conviction stems from Bad Moccasin failing to register as a sex offender between May 1, 2013, and September 17, 2013, as he was required to do under federal law. Bad Moccasin was previously convicted of a sex offense in federal court, which requires him 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.
Bad Moccasin was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for Voluntary ManslaughterRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man convicted of Voluntary Manslaughter was sentenced on April 14, 2014, by U.S. District Judge Roberto A. Lange.
Jared Slader, age 30, was sentenced to 51 months in custody, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Slader was indicted for Second Degree Murder by a federal grand jury on September 10, 2013. He pled guilty to Voluntary Manslaughter on January 1, 2014.
The conviction arose from an incident that occurred on August 31, 2013, when Slader and the victim got into a physical altercation in Eagle Butte. At some point during the fight, Slader retrieved a knife and was stabbing and swinging the knife up and toward the victim’s body. Slader and the victim were pulled apart, but then resumed fighting. The victim was taken to the local hospital, and then transported to Rapid City Regional Hospital, where he died due to multiple sharp force-type injuries, including stab wounds to the abdomen and shoulder, and multiple incised wounds.
This case was investigated by the Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Jay Miller prosecuted the case.
Slader was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.
Eagle Butte Man Sentenced for Assault with A Dangerous Weapon and Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man convicted of Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury was sentenced on April 14, 2014, by U.S. District Judge Roberto A. Lange.
Francis Thompson, a/k/a Sonny Thompson, age 26, was sentenced to 48 months in custody, 2 years of supervised release, $163.20 in restitution, and a $100 special assessment to the Federal Crime Victims Fund.
Thompson was indicted by a federal grand jury on two separate cases. In the first case he was for indicted for Assault Resulting in Serious Bodily Injury, and the second case for Assault with a Dangerous Weapon. On January 22, 2014, Thompson pled guilty to both charges.
The first case occurred in September 2013 when Thompson became angry at the victim and without just cause or excuse, swung and punched the victim with his fist on the left side of the victim’s face. As a result of the unlawful assault, the victim required surgery to repair some of the facial fractures.
In the second case, Thompson got into an altercation with the victim. He chased the victim out of an apartment and when Thompson caught up to the victim, he hit him in the back of the head with a small child’s wooden chair, causing the victim to fall to the ground. Thompson then struck the victim several more times with the chair while the victim was on the ground.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Thompson was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Appears in Federal Court on Attempted Commercial Sex Trafficking ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Attempted Commercial Sex Trafficking.
James Anthony Murphy, age 21, was indicted on April 8, 2014. He appeared before U.S. Magistrate Judge John E. Simko on April 9, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is a mandatory minimum of 15 years in custody and a maximum of life imprisonment, a $250,000 fine, a mandatory minimum of 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Murphy attempted to recruit, entice and obtain a person who had not attained the age of 14 years, and knowing that the person would be caused to engage in a commercial sex act.
The charge is merely an accusation and Murphy is presumed innocent until and unless proven guilty.
The investigation is being conducted by the South Dakota Internet Crimes Against Children Task Force, the South Dakota Division of Criminal Investigation, Sioux Falls Police Department, Minnehaha County Sheriff’s Office, U.S. Immigration and Customs Enforcement's Homeland Security Investigations, and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Murphy was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for June 17, 2014.
Sioux Falls Man Appears in Federal Court on Attempted Commercial Sex Trafficking ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Attempted Commercial Sex Trafficking.
Elijah Wilson, age 24, was indicted on April 8, 2014. He appeared before U.S. Magistrate Judge John E. Simko on April 10, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is a mandatory minimum of 15 years in custody and a maximum of life imprisonment, a $250,000 fine, a mandatory minimum of 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Wilson attempted to recruit, entice and obtain a person who had not attained the age of 14 years, and knowing that the person would be caused to engage in a commercial sex act.
The charge is merely an accusation and Wilson is presumed innocent until and unless proven guilty.
The investigation is being conducted by the South Dakota Internet Crimes Against Children Task Force, the South Dakota Division of Criminal Investigation, Sioux Falls Police Department, Minnehaha County Sheriff’s Office, U.S. Immigration and Customs Enforcement's Homeland Security Investigations, and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Wilson was released on bond pending trial. A trial date has been set for June 17, 2014.
Seven Individuals from Wagner Indicted for Distribution of MethamphetamineRead the Press Release
United States Attorney Brendan V. Johnson announced that a second group of individuals from Wagner, South Dakota, have been indicted by a federal grand jury for Conspiracy to Distribute Methamphetamine and Maintaining a Drug-Involved Premises. The first group was indicted in December 2013 and included five people.
Helen Ann Archambeau, age 55; Desmond Basil Heth, age 35; Cindy Lynn Schunk, age 37; Natasha Ann Archambeau, age 32; Mona Fay Winckler, age 58; Leslie Lee French, 31; and Brenda Evette Alonzi, age 53, were indicted on March 5, 2014, for Conspiracy to Distribute Methamphetamine. Additionally, Helen Archambeau and Winckler were also indicted for Maintaining a Drug-Involved Premises.
All defendants appeared before U.S. Magistrate Judge John E. Simko on various dates in March and April and pled not guilty to the Indictment.
The maximum penalty upon conviction of Conspiracy to Distribute Methamphetamine is up to 20 years in custody and/or a $1 million fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered. The maximum penalty upon conviction of Maintaining a Drug-Involved Premises is up to 20 years in custody and/or a $500,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges are merely an accusation and all defendants are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, the South Dakota Division of Criminal Investigation, Bureau of Indian Affairs, and the Charles Mix County Sheriff’s Office. Special Assistant U.S. Attorney Jennifer D. Mammenga is prosecuting the case.
All parties except for French have been released on bond. French is currently in the custody of the U.S. Marshals Service. The trial has been set to commence on Tuesday, July 1, 2014.
Oglala Man Pleads Not Guilty to Felony Child Abuse and NeglectRead the Press Release
United States Attorney Brendan V. Johnson announced that an Oglala, South Dakota, man has been indicted by a federal grand jury for Felony Child Abuse and Neglect.
Leon Eagle, age 21, was indicted on March 18, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on April 4, 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.
The charge relates to Eagle abusing a child who had not attained the age of seven years old in September 2012 at Oglala.
The charge is merely an accusation and Eagle is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.Eagle was released on bond pending trial. A trial date has been set for June 10, 2014.
Mission Man Charged with First Degree Burglary and Attempted RobberyRead 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 First Degree Burglary and Attempted Robbery.
Joshua Daniel Peneaux, age 18, was indicted on April 8, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 10, 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, 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 March 30, 2014, in Mission, Peneaux and others entered and remained in an occupied structure and did by force, violence and intimidation, attempt to take things of value from the victim.
The charge is merely an accusation and Peneaux 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.
Peneaux was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Lower Brule Man Sentenced for Assaulting, Resisting, or Impeding A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota, man convicted of Assaulting, Resisting, or Impeding a Federal Officer was sentenced on April 14, 2014, by U.S. District Judge Roberto A. Lange.
Dru Peterson, age 26, was sentenced to 8 months of custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Peterson was indicted by a federal grand jury on November 14, 2013. He pled guilty on January 22, 2014.
The conviction stems from an incident on September 3, 2013, when officers were dispatched to Peterson’s home because of an active tribal warrant. Peterson answered the door, saw the officers, and attempted to shut the door and flee. The officers caught up with Peterson, and a physical struggle ensued between him and the officers, with Peterson actively trying to escape. At one point, Peterson put his hand in his front pocket, gripping an unknown object. He ultimately took a syringe out of his pocket. The officers directed him to drop it, but he continued to refuse and there was another physical struggle, until the officers were finally able to place him in handcuffs. As the result of the struggles, the officers received scrapes and abrasions, but none were seriously injured
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Peterson was immediately turned over to the custody of the U.S. Marshals Service.
Fort Thompson Man Sentenced for Sexual Abuse of A MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that a Fort Thompson, South Dakota, man convicted of Sexual Abuse of a Minor was sentenced on April 9, 2014, by U.S. District Judge Roberto A. Lange.
Jordan Traversie, age 23, was sentenced to 18 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Traversie was indicted by a federal grand jury on November 14, 2013. He pled guilty on January 14, 2014.
The conviction stems from an incident occurring between August 4, 2012, and September 30, 2012, when Traversie knowingly engaged in sexual intercourse with the victim who had not attained the age of 16 and was at least 4 years younger than Traversie.
This case was investigated by the Bureau of Indian Affairs. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Traversie was immediately turned over to the custody of the U.S. Marshals Service.
Spearfish Man Sentenced for Transporting Stolen PropertyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Spearfish, South Dakota, man convicted of Interstate Transportation of Stolen Property was sentenced on April 7, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Brent Hall, 38, was sentenced to 12 months of imprisonment, 2 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Between January 2009 and September 2012, while working in a management capacity for Husker Properties, LLC, and Rimrock Properties, LLC, Hall stole funds from the firms and took such money from an office in Wyoming to Spearfish. He took the money from Sundance Travel Center, a business owned by Husker Properties. As part of his job responsibilities, Hall was to deposit money in a Spearfish bank. Before Hall would leave the business with the money, another employee would complete deposit slips showing the amount to be deposited. Hall would, in turn, create a new deposit slip for a lesser amount, and then keep the money not deposited for his own use.
Hall also stole money in a variety of other ways. He stole cash from vendors during the Sturgis Motorcycle Rally meant for the business, used company cash cards to pay for personal expenses, and provided complimentary rooms at the Spearfish Quality Inn, a hotel he was managing, to certain individuals when he was unauthorized to do so. In total, Brent Hall stole over $153,000 from the two companies.
The investigation was conducted by the Federal Bureau of Investigation. The sentencing was handled by Supervisory Assistant U.S. Attorney Gregg S. Peterman. Hall was immediately placed into the custody of the U.S. Marshals Service.
Martin Woman Sentenced for Involuntary ManslaughterRead the Press Release
United States Attorney Brendan V. Johnson announced that a Martin, South Dakota, woman convicted of Involuntary Manslaughter was sentenced on April 4, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Stephanie Red Willow, age 26, was sentenced to custody until April 11, 2014, for a total of over 6 months' custody, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Red Willow was indicted for Felony Child Abuse and Neglect and Involuntary Manslaughter by a federal grand jury on September 24, 2013. She pled guilty to the Involuntary Manslaughter charge on November 27, 2013.
The charge related to Red Willow consuming alcohol and then falling asleep while holding her infant child on a couch on July 23, 2013, in Martin. She awoke to find the child face down and unresponsive. The child was later pronounced dead at the Martin hospital.
This case was investigated by the Federal Bureau of Investigation, 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.
Red Willow was immediately turned over to the custody of the U.S. Marshals Service.
Final Defendant Sentenced in Drug and Money Laundering Conspiracy CaseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance and Conspiracy to Commit Money Laundering was sentenced on March 31, 2014, by U.S. District Judge Karen E. Schreier.
Thiphavanh Noy Khaleck, age 29, was sentenced to 60 months in custody on the marijuana distribution conspiracy, and 70 months in custody on the money laundering conspiracy, to be served concurrently, followed by 3 years of supervised release. She pled guilty to the offenses on October 7, 2013.
Khaleck was indicted with five others by a federal grand jury on April 2, 2013. Others indicted were: Thongsay Chantharath, age 41, of Worthington, Minnesota; Jimmy Thithavong, age 28, of Worthington; Jon Charles Batcheller, age 25, of Sioux Falls; Kenneth Louis Stanley, age 54, of Worthington; and David Soukthavong, age 27, of Sioux Falls. These five defendants were all sentenced in 2013.
Chantharath, Thithavong, Batcheller, and Stanley were all charged with conspiracy to distribute 500 grams or more of methamphetamine; Batcheller, Khaleck, and Soukthavong were all charged with conspiracy to distribute marijuana; and Batcheller and Khaleck were both charged with conspiracy to commit money laundering.
Chantharath pled guilty to the methamphetamine conspiracy on August 19, 2013, and was sentenced on November 12, 2013, to 240 months in custody, followed by 10 years of supervised release.
Thithavong pled guilty to the methamphetamine conspiracy on July 19, 2013, and was sentenced on October 8, 2013, to 120 months in custody, followed by 5 years of supervised release.
Batcheller pled guilty to the methamphetamine and money laundering conspiracies on July 10, 2013, and was sentenced on October 8, 2013, to 151 months on each count, to be served concurrently, followed by 5 years of supervised release.
Stanley pled guilty to the methamphetamine conspiracy on July 8, 2013, and was sentenced on September 23, 2013, to 97 months in custody, followed by 3 years of supervised release.
Soukthavong pled guilty to the marijuana conspiracy on October 8, 2013, and was sentenced on December 30, 2013, to 30 months in custody, followed by 2 years of supervised release.
At different times during the 2009-2012 timeframe, the parties conspired together to distribute methamphetamine and marijuana. Some members made trips to California and Minnesota to purchase the drugs, and they and other members distributed them in the Sioux Falls area. Additionally, Batcheller and Khaleck conspired to commit money laundering by keeping the deposits and withdrawals of cash drug proceeds below $10,000, in an effort to avoid bank reporting requirements.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives, and the Internal Revenue Service – Criminal Investigations. Assistant U.S. Attorney John E. Haak prosecuted the case.
Rapid City Man Indicted for Concealing Person from Arrest and False StatementRead 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 Concealing Person from Arrest and False Statement.
Yellow Elk was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
Justin Robert Yellow Elk, age 28, was indicted on March 18, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on April 7, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 5 years’ imprisonment and/or a $250,000 fine, 3 years of supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The indictment charges that Yellow Elk aided in concealing a man from arrest on a federal charge, and gave false statements to a federal agent during the investigation.
The charges are merely accusations and Yellow Elk is presumed innocent until and unless proven guilty.
The investigation was conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.
Mission Man Sentenced for Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on March 31, 2014, by U.S. District Judge Roberto A. Lange.
Eugene Featherman, age 25, was sentenced to 13 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Featherman was indicted for Failure to Register as a Sex Offender by a federal grand jury on September 17, 2013. He pled guilty on February 10, 2014.
The conviction relates to a period of time between June 13, 2013, and December 18, 2013, when Featherman, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under federal law, knowingly failed to register and update his registration.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Marie H. Ruettgers prosecuted the case.
Featherman was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Charged with Burglary and AssaultRead 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 First Degree Burglary, Assault with a Dangerous Weapon, and Assault Resulting in Serious Bodily Injury.
Marlow Poor Thunder, age 18, was indicted on March 11, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 4, 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, 5 years of supervised release, and up to $700 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about July 2, 2013, at Soldier Creek, Poor Thunder, and other defendants, unlawfully entered and remained in two residences, and assaulted a victim in one of the residences with a metal object, which resulted in serious bodily injury.
The charges are merely an accusation and Poor Thunder 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.
Poor Thunder was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for June 3, 2014.
Mission Man Charged with Burglary and AssaultRead 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 First Degree Burglary, Assault with a Dangerous Weapon, and Assault Resulting in Serious Bodily Injury.
Na’pe Young, a/k/a Nap’e Young, age 34, was indicted on March 11, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 4, 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, 5 years of supervised release, and up to $700 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about July 2, 2013, at Soldier Creek, Young and other defendants unlawfully entered and remained in two residences and assaulted a victim in one of the residences with a metal object, which assault resulted in serious bodily injury.
The charges are merely an accusation and Young 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.
Young was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for June 3, 2014.
Belle Fourche Man Indicted for Failing to Update Sexual Offender RegistrationRead the Press Release
United States Attorney Brendan V. Johnson announced that a Belle Fourche, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
John Lee McCleerey, age 61, was indicted on November 19, 2008. He appeared before U.S. Magistrate Judge Veronica L. Duffy on April 4, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 10 years’ imprisonment and/or a $250,000 fine, 3 years of supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment charges that between July and November 2008, McCleerey failed to update his sexual offender registration as required.
The charge is merely an accusation and McCleerey is presumed innocent until and unless proven guilty.
The investigation was conducted by the U.S. Marshals Service. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.
McCleerey was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
Virginia Man Arrested for Interference with Flight Crew Members and AttendantsRead the Press Release
United States Attorney Brendan V. Johnson announced that a Hopewell, Virginia, man has been indicted by a federal grand jury for Interference with Flight Crew Members and Attendants.
Kennedy Runner, age 68, was arrested on March 28, 2014, pursuant to a federal Criminal Complaint. He appeared before U.S. Magistrate Judge Veronica L. Duffy on April 1, 2014, and requested a preliminary hearing on the Complaint.
The maximum penalty upon conviction is 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 charge relates to an incident on March 28, 2014, at Rapid City Regional Airport, when Runner interfered with the performance of the duties of a flight crew member and flight attendant on United Airlines Flight 6089 by threatening to kill passengers on the aircraft.
The charge is merely an accusation and Runner is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Runner was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for June 3, 2014.
Three Individuals Indicted for CounterfeitingRead the Press Release
United States Attorney Brendan V. Johnson announced that two women and a man, all from western South Dakota, have been indicted by a federal grand jury for various charges including Counterfeiting and Forging United States Currency.
Gertrude Bearing, age 39, of Rapid City; Craig Janis, age 29, of Kyle; and Tina Brewer, age 37, of Sturgis, were indicted on March 18, 2014. They appeared before U.S. Magistrate Judge Veronica L. Duffy on March 20 and 24, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 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 charges relate to Bearing, Janis, and Brewer, counterfeiting and/or passing $20 and $100 Federal Reserve Notes in Rapid City on March 1-2, 2014.
The charges are merely accusations and all three are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rapid City Police Department and the U.S. Secret Service. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Bearing, Janis, and Brewer were remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for May 27, 2014.
Texas Man Sentenced for Mailing Threatening CommunicationsRead the Press Release
United States Attorney Brendan V. Johnson announced that a Texas man convicted of Mailing Threatening Communications was sentenced on March 25, 2014, by Chief Judge Ralph R. Erickson, U.S. District Court in Fargo, North Dakota.
The charge to which Kidd pled showed that while incarcerated in the State of Texas, he mailed a letter via the U.S Postal Service to a U.S. District Judge in Bismarck, North Dakota, on October 28, 2010. The letter contained a threat to kill the judge and demanded a payment of $10,000 be issued to Kidd’s prison inmate account.
Carlos Kidd, age 34, was sentenced to 60 months in custody to run concurrent with his Texas state sentence, but consecutive to his Texas federal sentence, 2 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Kidd was originally indicted by a federal grand jury on November 6, 2012, in the U.S. District Court for the District of North Dakota on two counts of Mailing Threatening Communications. He was later indicted on six additional counts of Mailing Threatening Communications to court personnel in different North Dakota counties. On February 11, 2014, Kidd pled guilty to one count of Mailing Threatening Communications.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Kidd 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 March 31, 2014, by U.S. District Judge Roberto A. Lange.
Waldo Patrick War Bonnett, age 45, was sentenced to 18 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
War Bonnett was indicted for Failure to Register as a Sex Offender by a federal grand jury on January 15, 2014. He pled guilty on February 10, 2014.
Between October 14, 2013, and January 9, 2014, War Bonnett, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under federal law, knowingly failed to register and update his registration. On January 9, 2014, War Bonnett was apprehended on the Rosebud Sioux Indian Reservation.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Marie H. Ruettgers prosecuted the case.
War Bonnett was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Indicted for Possession with Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance.
Arnold Barton Johnston, age 54, was indicted on March 18, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on March 24, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is at least 5 years and not more than 40 years in custody and/or a $5,000,000 fine, 4 years of supervised release, and $100 to the Federal Crime Victims Fund.
On March 8, 2014, Johnston possessed with the intent to distribute 50 grams or more of methamphetamine.
The charge is merely an accusation and Johnston is presumed innocent until and unless proven guilty.
The investigation is being conducted by the South Dakota Division of Criminal Investigation and Meade County Sheriff’s Office. Assistant U.S. Attorney Ted L. McBride is prosecuting the case.
Johnston was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Pine Ridge Woman Sentenced for Conspiracy to Distribute CocaineRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on March 24, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Marlena Jo Pond, a/k/a Mar Pond, age 28, was sentenced to 30 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Pond was indicted on two counts of Conspiracy to Distribute Controlled Substances by a federal grand jury on September 24, 2013. She pled guilty to one count on November 20, 2013.
Beginning December 2010 until September 2013, Pond assisted in packaging cocaine, with persons known and unknown, for further distribution in South Dakota. More than 500 grams of cocaine would have been distributed during the course of the conspiracy.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, which includes the following agencies: Federal Bureau of Investigation, South Dakota Division of Criminal Investigation, Bureau of Indian Affairs Office of Justice Services, Oglala Sioux Tribe Department of Public Safety, Fall River County Sheriff’s Office, and the Fall River State’s Attorney’s Office. The U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) also assisted with the investigation. Assistant U.S. Attorney Ted L. McBride prosecuted the case.
Pond was immediately turned over to the custody of the U.S. Marshals Service.
Parmalee Man Sentenced for Witness TamperingRead the Press Release
United States Attorney Brendan V. Johnson announced that a Parmelee, South Dakota, man convicted of Witness Tampering and supervised release revocation was sentenced on March 31, 2014, by U.S. Judge Roberto A. Lange.
Ian James Burning Breast, age 21, was sentenced to 15 years in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Burning Breast was indicted for Witness Tampering by a federal grand jury on May 14, 2013. He pled guilty on January 13, 2014.
On November 12, 2012, Burning Breast was released from prison for a previous crime and began a term of court ordered supervision. He moved home to the Rosebud Sioux Indian Reservation, and did not comply with the terms of his release.
In January 2013, he sexually assaulted a relative. After the relative reported the abuse, Burning Breast was recorded on a phone call improperly pressuring the relative to withhold information from law enforcement investigators.
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.
Burning Breast was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Charged with Illegal Reentry After DeportationRead 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 Illegal Reentry after Deportation.
Socorro Rigoberto Ortiz-Beltran, a/k/a Rigoberto Ortiz, a/k/a Rigo Ortiz, age 45, was indicted on March 11, 2014. He appeared before Mark A. Moreno on March 27, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, 2 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on December 19, 2013, Ortiz-Beltran, having been previously deported from the United States on or about December 3, 2008, at Hidalgo, Texas, was found in the United States and had not obtained the consent of the Secretary of the U.S. Department of Homeland Security and the Attorney General of the United States.
The charge is merely an accusation and Ortiz-Beltran is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Immigration and Customs Enforcement. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Ortiz-Beltran was remanded to the custody of the U.S. Marshals Service pending trial which has been set for May 13, 2014.
McLaughlin Man Charged with Felon in Possession of A Firearm and AmmunitionRead 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 Felon in Possession of a Firearm and Ammunition.
Byron Hawk Bear, Sr., age 37, was indicted on March 11, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 2, 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 January 16, 2014, Hawk Bear, having previously been convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly and intentionally possessed a firearm and ammunition, which had been previously shipped and transported in interstate and foreign commerce.The charge is merely an accusation and Hawk Bear is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Mobridge Police Department. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Hawk Bear was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Lake Andes Man Resentenced for Sexual Assault and BurglaryRead the Press Release
United States Attorney Brendan V. Johnson announced that James Bruguier, a/k/a James Bruguier, Jr., age 28, of Lake Andes, South Dakota, was sentenced on March 31, 2014, by U.S. District Judge Karen E. Schreier.
In August of 2011, Bruguier was found guilty by a jury of Aggravated Sexual Abuse, Sexual Abuse of a Minor, and First Degree Burglary for separate sexual assaults on two teenagers from the Yankton reservation. The testimony at trial revealed that one of the sexual attacks perpetrated by Bruguier occurred in the home of the victim when Bruguier crawled through a window uninvited, assaulted the teenager, and then raped her.
Bruguier was originally Indicted in February of 2011 by a federal grand jury, and then re-indicted as more victims were discovered. After his convictions by the jury in 2011, Bruguier was sentenced to 360 months in custody. He appealed to the 8th Circuit Court of Appeals who ordered a resentencing. On March 31, 2014, Bruguier was resentenced to concurrent sentences of 354 months, 300 months, and 180 months for the 3 convictions.
The case was investigated by the Federal Bureau of Investigation and the Yankton Sioux Tribal Police Department. Assistant U.S. Attorney Thomas J. Wright prosecuted the case.
Bruguier was immediately turned over to the custody of the U.S. Marshals Service.
Interior Man Pleads Not Guilty to Assault on A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that an Interior, South Dakota, man has been indicted by a federal grand jury for Assault on a Federal Officer.
Justin Janis, age 21, was indicted on February 19, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on March 27, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 8 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Janis assaulting a female federal officer on November 27, 2013, near Kyle.
The charge is merely an accusation and Janis is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.
Janis was released on bond pending trial. A trial date has not been set.
Illinois Man Charged with Criminal TrespassRead the Press Release
United States Attorney Brendan V. Johnson announced that a Chicago, Illinois, man has been indicted by a federal grand jury for Criminal Trespass.
Steven Nichols, age 43, was indicted on March 18, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 28, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 1 year in custody and/or a $100,000 fine, 1 year of supervised release, and $25 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge stems from an incident that took place on March 14, 2014, when Nichols, a non-Indian, entered or remained on the Rosebud Sioux Indian Reservation after the Rosebud Sioux Tribal Court and Rosebud Sioux Tribal Council excluded him from entering its lands.
The charge is merely an accusation and Nichols 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.
Nichols was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.