District of South Dakota
Press releases recorded for this federal judicial district.
Hartford Woman Sentenced for Unlawful Selling of Migratory BirdsRead the Press Release
United States Attorney Brendan V. Johnson announced that a Hartford, South Dakota, woman charged by Information with Unlawful Selling of Migratory Birds pled guilty to and was sentenced on March 24, 2014, by U.S. Magistrate Judge John E. Simko.
Karen Leisinger, age 49, was sentenced to a fine of $2,500, restitution to the U.S. Fish & Wildlife in the amount of $3,900, and $10 to the Federal Crime Victims Fund.
The conviction is a result of Leisinger selling wood ducks and Canada geese in 2011. At the time of the sale, Leisinger did not have valid state or federal permits to sell migratory birds.
The investigation was conducted by the U.S. Fish & Wildlife Service. The case was prosecuted by Assistant U.S. Attorney Meghan N. Dilges.
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 March 31, 2014, by U.S. District Judge Roberto A. Lange.
Patrick Scott Pomani, age 33, was sentenced to 30 months in custody, 5 years of supervised release and a $100 special assessment to the Federal Crime Victims Fund.
Pomani was indicted by a federal grand jury on July 16, 2013. He pled guilty on January 22, 2014.
The conviction stems from Pomani failing to register as a sex offender between April 28, 2013, and July 16, 2013. Pomani was previously convicted of a sex offense in federal court, and he is required by law to register under the Sex Offender Registration and Notification Act.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Pomani was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Woman Sentenced for Involuntary ManslaughterRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, woman convicted of Involuntary Manslaughter was sentenced on March 31, 2014, by U.S. District Judge Roberto A. Lange.
Debra Charging Cloud, age 28, was sentenced to 30 months in custody, 18 months of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Charging Cloud was indicted by a federal grand jury on May 15, 2013, and she pled guilty to Involuntary Manslaughter on January 13, 2014.
The conviction arose from a car crash that occurred on April 6, 2013, when Charging Cloud, who was driving under the influence of alcohol, went into the ditch and rolled over. Charging Cloud’s blood alcohol level was .226. During the crash and rollover, an adult female passenger in Charging Cloud’s vehicle was ejected and died as the result of her injuries.
This case was investigated by the Federal Bureau of Investigation, the South Dakota Highway Patrol, and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Charging Cloud was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Charged with Failure to Register as A Sex OffenderRead 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 Failure to Register as a Sex Offender.
Seth Carter, age 20, was indicted on February 12, 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, at least 5 years up to life of supervised release, with a violation of a condition of release possibly resulting in 5 years of additional incarceration on any such revocation, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between December 4, 2013, and February 11, 2014, Carter, who was required to register under the Sex Offender Registration and Notification Act, and having entered, left, and resided in Indian country, knowingly failed to register and update his sex offender registration.
The charge is merely an accusation and Carter is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.
Carter was remanded to the custody of the U.S. Marshals Service pending trial. Trial has been set for May 15, 2014.
Belle Fourche Man Found Guilty of Commercial Sex TraffickingRead the Press Release
United States Attorney Brendan V. Johnson announced that James Eugene Larive, Jr., age 43, of Belle Fourche, South Dakota, was found guilty of Commercial Sex Trafficking as a result of a federal jury trial held in U.S. District Court in Rapid City. Following a two-day trial, the jury returned the guilty verdict on April 4, 2014.
The charge carries a mandatory minimum term of 10 years in federal prison and/or a $250,000 fine, 5 years up to life of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
“We will bring the full weight of justice down on anyone who wants to pay money to have sex with a child in South Dakota,” said Johnson. “We are grateful for the outstanding work of our state, local and federal law enforcement partners in this case.”
Larive was one of nine men who were arrested and federally indicted as a result of an undercover sex trafficking operation conducted during the 2013 Sturgis Motorcycle Rally, targeting persons willing to pay to have sex with underage girls obtained through the Internet. All nine men were indicted for Commercial Sex Trafficking.
This conviction stems from Larive responding to a Craigslist.com advertisement posted by Division of Criminal Investigation undercover agents, which purported to offer young girls for sex. Following several emails with a person Larive believed to be associated with a 15-year old girl, but who was in fact an undercover agent, he proceeded to negotiate the time and place they would meet, along with the price he would pay, which was the trade of an expensive smart phone.
Of the nine original defendants, five have pled guilty. One has been sentenced to 10 years in federal prison, another to 7 years, and the other three await sentencing. The remaining 3 defendants are scheduled for trial.
The undercover operation and arrests were a joint effort between the South Dakota Division of Criminal Investigation, the Federal Bureau of Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Sarah Collins is prosecuting the cases.
Larive was remanded to the custody of the U.S. Marshals Service pending sentencing.
Watertown Man Charged with Mail FraudRead the Press Release
United States Attorney Brendan V. Johnson announced that a Watertown, South Dakota, man has been indicted by a federal grand jury for five counts of mail fraud.
Leon J. Brandriet, age 59, was indicted on March 4, 2014. He appeared before United States Magistrate Judge John E. Simko on March 13, 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 charge is merely an accusation and Brandriet is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case. Brandriet was released on bond pending trial. A trial date has not been set.
Wakpala Man Charged with Sexual Abuse of A MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that a Wakpala, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse of a Minor.
Fabian Rodriguez, age 22, was indicted on March 18, 2014. He appeared before U.S. Magistrate Judge William D. Gerdes on March 21, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 15 years in custody and/or a $250,000 fine, 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 21, 2014 and March 8, 2014, Rodriguez knowingly engaged in and attempted to engage in sexual acts with two underage victims, who had not attained the age of 16 years old.
The charges are merely accusations and Rodriguez is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Rodriguez was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rapid City Man Charged with Theft from Indian Health ServiceRead 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 Theft or Embezzlement in Connection with Health Care.
Michael Gray, age 58, was indicted on March 18, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on March 20, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Gray knowingly converting to his own use more than $100 in money, funds, and property of the Indian Health Service between March 2009 and October 2013.
The charge is merely an accusation and Gray is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Department of Health and Human Services, Office of the Inspector General. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Gray was released on bond pending trial. A trial date has been set for May 27, 2014.
Hot Springs Man Charged with Felon in Possession of A FirearmRead the Press Release
United States Attorney Brendan V. Johnson announced that a Hot Springs, South Dakota, man has been indicted by a federal grand jury for Felon in Possession of a Firearm.
Jesse D. Grimm, age 32, was indicted on March 18, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on March 21, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.
On January 20, 2014, Grimm, having been convicted of a previous felony, was in possession of a firearm, Glock Model 27, and the firearm had been shipped and transported in interstate commerce.
The charge is merely an accusation and Grimm is presumed innocent until and unless proven guilty.
The investigation is being conducted by the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Ted L. McBride is prosecuting the case.
Grimm was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
California Man Sentenced in Drug Conspiracy and Money Laundering SchemeRead the Press Release
United States Attorney Brendan V. Johnson announced that an Arcata, California, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on March 24, 2014, by U.S. District Judge Karen E. Schreier.
Jaymar Stanton Adams, age 30, was sentenced to 60 months in prison, to be followed by 4 years of supervised release. He will also forfeit $50,000 to the United States, which he acquired as a result of his illegal activities.
Adams is the last of seven defendants to be sentenced in this drug conspiracy and money laundering case, in which they all received prison time.
Adams was indicted on September 10, 2013, for Conspiracy to Distribute More Than 100 Kilograms of Marijuana and Conspiracy to Commit Money Laundering. He pled guilty to the distribution conspiracy charge on November 12, 2013, and the other charge was dismissed at sentencing.
Between the summer of 2008 and July 2012, Adams joined a conspiracy to illegally distribute marijuana in South Dakota and elsewhere. During his involvement, he personally grew, harvested, obtained, and illegally distributed marijuana. Throughout the course of the defendant’s involvement, marijuana was exchanged for cash and Adams personally accepted at least $50,000 in cash payments.
This case was investigated by the U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) in both South Dakota and California, the Internal Revenue Service - Criminal Investigations, the South Dakota Division of Criminal Investigation, and the Humboldt County Sheriff’s Office in California. Assistant U.S. Attorney Connie Larson prosecuted the case.
Adams was remanded 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 a Controlled Substance was sentenced on March 14, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Damian Antonia Quintana, age 30, was sentenced to 120 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Quintana was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on May 21, 2013. He pled guilty on November 6, 2013.
From 2008 through May 2013, Quintana would receive ounce quantities of methamphetamine in Rapid City and further distribute it in South Dakota. Quintana distributed more than 1.5 kilograms of methamphetamine during the course of the conspiracy.
This case was investigated by the Unified Narcotics Enforcement Team. Assistant U.S. Attorney Ted L. McBride prosecuted the case.
Quintana was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Charged with Theft of Government PropertyRead 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 Theft of Government Property.
Harold Compton, age 56, was indicted on March 18, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on March 20, 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 charge relates to Compton illegally taking overtime payments in an amount greater than $1,000 while working as a Deputy Superintendent for the Bureau of Indian Affairs in 2009.
The charge is merely an accusation and Compton is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Office of Inspector General, U.S. Department of the Interior. Assistant U.S. Attorney Ted L. McBride is prosecuting the case.
Compton was released on bond pending trial. A trial date has not been set.
Oacoma Man Charged with Lacey Act ViolationsRead the Press Release
United States Attorney Brendan V. Johnson announced that an Oacoma, South Dakota, man has been indicted by a federal grand jury for Lacey Act Violations.
Anthony Nogy, age 35, was indicted on March 11, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 20, 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 September 24, 2013, and September 30, 2013, Nogy knowingly imported, transported, received, acquired and purchased in foreign commerce one gray wolf, when Nogy knew that said wildlife was taken without a valid hunting license and exported from Canada without the required permits.
The charge is merely an accusation and Nogy is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Fish and Wildlife Service. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Nogy was released on bond pending trial. A trial date has not been set.
Mexico Man Sentenced for Illegal Reentry After DeportationRead the Press Release
United States Attorney Brendan V. Johnson announced that a man from Michoacan, Mexico, convicted of Illegal Reentry after Deportation was sentenced on March 24, 2014, by U.S. District Judge Karen E. Schreier.
Jose Antonio Rivera, a/k/a Ulises Valenzuela-Rivera, age 31, was sentenced to 28 months in custody and assessed $100.
Rivera was indicted for Illegal Reentry after Deportation by a federal grand jury on January 22, 2014. He pled guilty on January 24, 2014.
Rivera is a citizen of Mexico, and was deported from the United States on November 24, 2009. He reentered the United States and was found in South Dakota on July 26, 2010, when he was arrested for a drug-related felony. Following his conviction in South Dakota for the drug-related felony, his second such conviction, he served his sentence and was released to Immigration and Customs Enforcement agents for prosecution for entering the United States without permission of the government.
This case was investigated by the U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI). Assistant U.S. Attorney Connie Larson prosecuted the case.
Rivera was immediately turned over to the custody of the U.S. Marshals Service.
McLaughlin Man Charged with Domestic Assault by A Habitual OffenderRead 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 Domestic Assault by a Habitual Offender.
Anthony Bobtail Bear, Jr., age 34, was indicted on February 11, 2014, and March 11, 2014. He appeared before U.S. Magistrate Judge William D. Gerdes on March 21, 2014, and pled not guilty to the Indictments.
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 for each Indictment. Restitution may also be ordered.
The Indictments allege that on December 3, 2013, and again on February 26, 2014, Bobtail Bear unlawfully committed acts of domestic assault against separate victims. At the time of the assaults, Bobtail Bear had at least two separate prior convictions for assaults that were against a spouse or intimate partner.The charge are merely accusations and Bobtail Bear is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Bobtail Bear was remanded to the custody of the U.S. Marshals Service pending trial. Trial dates have not been set.
Little Eagle Man Charged with Sexual Abuse of A MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that a Little Eagle, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse of a Minor.
Corey Flying Bye, age 25, was indicted on March 11, 2014. He appeared before U.S. Magistrate Judge William D. Gerdes on March 18, 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 December 1, 2013 and January 31, 2014, Flying Bye knowingly engaged in, and attempted to engage in, a sexual act with a victim who had not attained the age of 16.
The charge is merely an accusation and Flying Bye 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.
Flying Bye was released on bond pending trial. A trial date has not been set.
Little Eagle Man Charged with AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Little Eagle, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Domestic Assault by an Habitual Offender.
Gary Little Bird, Jr., age 34, was indicted on March 11, 2014. He appeared before U.S. Magistrate Judge William D. Gerdes on March 18, 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 February 13, 2014, Little Bird assaulted his girlfriend with shod feet.
The charge is merely an accusation and Little Bird is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Little Bird 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 Sexual Abuse of A MinorRead 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 Sexual Abuse of a Minor.
Kendahl Clown, age 20, was indicted on March 11, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 19, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 15 years in custody and/or a $250,000 fine, at least 5 years up to life of supervised release, with a violation of a condition of release possibly resulting in 5 years of additional incarceration on any such revocation, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between May 1, 2013, and June 30, 2013, Clown engaged in and attempted to engage in a sexual act with a minor.
The charge is merely an accusation and Clown 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.
Clown was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Watertown Man Sentenced in Synthetic Drug CaseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Watertown, South Dakota, man convicted of Possession with Intent to Distribute a Controlled Substance Analogue was sentenced on March 18, 2014, by U.S. District Judge Karen E. Schreier.
Joshua Allen Hayhurst, age 25, was sentenced to time served (11 months) and 2 years supervised release.
Hayhurst was indicted by a federal grand jury on December 4, 2012, for Possession with Intent to Distribute a Controlled Substance Analogue. He pled guilty on April 15, 2013.
On June 29, 2012, law enforcement executed a search warrant for Hayhurst’s residence in Watertown, and recovered approximately two pounds of an illegal drug, commonly referred to as spice or K2. The product is made by treating plant material with controlled substance analogues. Under federal law, a controlled substance analogue has a chemical structure that is similar to certain controlled substances and has an effect on the central nervous system which is intended to be similar to those controlled substances. Where controlled substance analogues are intended for human consumption, they are treated as controlled substances. Hayhurst intended to distribute the illegal drug to others.
This case was investigated by the Watertown Police Department, the South Dakota Division of Criminal Investigation, and the U.S. Drug Enforcement Administration. Senior Litigation Counsel John E. Haak and Special Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
Sioux Falls Man Sentenced in Synthetic Drug and Money Laundering CaseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota, man convicted of conspiracy to distribute synthetic marijuana and engaging in a banking transaction involving drug money was sentenced on March 18, 2014, by U.S. District Judge Karen E. Schreier.
Corey Brandon Morrison, age 25, was sentenced to 34 months in custody, to be followed by 3 years of supervised release.
Morrison was indicted by a federal grand jury on October 10, 2012, for Conspiracy to Distribute a Controlled Substance Analogue and Engaging in Monetary Transactions in Property Derived From Specified Unlawful Activity. He pled guilty to both offenses on May 17, 2013.
Beginning around September 2011, two or more persons formed an agreement to distribute an illegal drug to customers from one or more Roll With It store locations in Sioux Falls. The illegal product, commonly referred to as spice or K2, is made by treating plant material with certain chemicals that are controlled substance analogues. Under federal law, a controlled substance analogue has a chemical structure that is similar to certain controlled substances and has an effect on the central nervous system which is intended to be similar to those controlled substances. In situations where controlled substance analogues are intended for human consumption, they are treated as controlled substances.
During Morrison’s involvement, he sold controlled substance analogues to the Roll With It stores, where the analogues were in turn sold to customers to get high.
On or about September 16, 2011, Morrison deposited $12,500 cash into his personal bank account, which were proceeds from the illegal distribution of controlled substances.
The investigation was conducted by the U.S. Drug Enforcement Administration, the Internal Revenue Service, and the Sioux Falls Area Drug Task Force. Senior Litigation Counsel John E. Haak and Special Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
Morrison was immediately turned over to the custody of the U.S. Marshals Service.
Pine Ridge Man Sentenced on Assault ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, man convicted of two separate incidents of assault was sentenced on March 14, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Larney was immediately turned over to the custody of the U.S. Marshals Service.
Lee Larney, a/k/a “Southern Wind”, was sentenced to 12 months of imprisonment and 3 years of supervised release for Assault on a Federal Officer, and 30 months of imprisonment consecutive and 3 years of supervised release concurrent for Assault Resulting in Serious Bodily Injury. Larney was also ordered to pay a $100 special assessment to the Federal Crime Victims for each offense.
In August 2012, at Oglala, Larney struck an Oglala Sioux Tribe police officer in the face while the officer was arresting him for intoxication. In April 2012, at Porcupine, Larney struck a man repeatedly in the face, causing a broken jaw which resulted in surgery.
The investigations were 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 cases were handled by Assistant U.S. Attorney Sarah Collins.
Eagle Butte Man Charged with Failure to Register as A Sex OffenderRead 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 Failure to Register as a Sex Offender.
Denver Spotted Horse, age 30, was indicted on March 11, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 17, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, a mandatory minimum period of at least 5 years of supervised release, with a violation of a condition of release possibly resulting in 2 years of additional incarceration on any such revocation, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between July 1, 2013, and March 11, 2014, Spotted Horse, who had a prior sexual assault conviction in Minnesota, knowingly failed to register and update his registration while he was living on the Cheyenne River Sioux Indian Reservation.
The charge is merely an accusation and Spotted Horse is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.
Spotted Horse was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Dupree Man Charged with Assault with A Dangerous Weapon and Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that a Dupree, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Lester Delbert Clown, age 30, was indicted on March 11, 2014, and he appeared before U.S. Magistrate Judge Mark A. Moreno on March 17, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Clown is alleged to have assaulted an adult male with a knife in December 2013 in Dupree, giving the victim three different stab wounds. The charges are merely an accusation and Clown is presumed innocent until and unless proven guilty.
Alaska Man Sentenced for Attempted Sex TraffickingRead the Press Release
United States Attorney Brendan V. Johnson announced that a Kenai, Alaska, man convicted of Attempted Trafficking with Respect to Involuntary Servitude and Forced Labor was sentenced on March 17, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Falk was immediately turned over to the custody of the U.S. Marshals Service.
Scott Falk, age 29, was sentenced to 7 years of imprisonment, 3 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund. Falk will be required to register as a sex offender.
On August 5, 2013, as part of a sex-trafficking undercover operation during the Sturgis Bike Rally, Falk was arrested for attempting to obtain sex with a 13-year old girl. Falk responded to a law enforcement-generated Internet advertisement which advertised sex with a fictitious 12 or 13 year-old girl and negotiated the terms of the sexual encounter. Falk then met with an undercover agent posing as someone who could provide a young girl and was subsequently arrested.
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.
Sioux Falls Man Receives Four Life Sentences for Sex TraffickingRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota, man convicted of Sex Trafficking of a Child, Conspiracy to Engage in Sex Trafficking of a Child, and two counts of Sex Trafficking by Means of Force, Fraud, or Coercion was sentenced on March 17, 2014, by U.S. District Judge Karen E. Schreier.
Mohammed Sharif Alaboudi, age 45, was sentenced to life imprisonment on each of the four counts, and a $400 assessment to the Federal Crime Victims Fund.
On December 5, 2013, Alaboudi was convicted by a federal jury for Sex Trafficking of a Child, Conspiracy to Engage in Sex Trafficking of a Child, and two counts of Sex Trafficking by Means of Force, Fraud, or Coercion.
Alaboudi is the third person in the past four years to receive a life sentence for human trafficking in the District of South Dakota.
In 2011, the Sioux Falls Police Department (SFPD) Street Crimes Unit began investigating a criminal organization operating in and around Sioux Falls. Witnesses identified several individuals they claimed had been selling narcotics and prostitutes. In January 2012, the SFPD requested federal assistance, and a team consisting of the U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations, the Federal Bureau of Investigation, the SFPD, and the South Dakota Division of Criminal Investigation began investigating the case.
Investigators discovered that Alaboudi was living in a one-bedroom, upstairs apartment in a house several blocks from downtown Sioux Falls. Alaboudi lured multiple girls and young women to his home, where he provided drugs and alcohol. Then he would force them into engaging in sex acts with him and others who arrived at his residence, paying them with money and drugs. Witnesses described being drugged to the point of being unable to defend themselves. Alaboudi also used severe violence and threats of violence to coerce his victims into engaging in sex acts. Multiple witnesses described being beaten with objects and being threatened with further violence if they did not comply.
“Mr. Alaboudi ran a house of horror where girls and young women were assaulted and forced to engage in sex acts with strangers,” said Johnson. “This sentence ensures that he will no longer be able to profit from the pain and misery he inflicted on the most vulnerable women and children in our community.”
This case was investigated by the SFPD, the Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations, and the South Dakota Division of Criminal Investigation. Assistant U.S. Attorneys Kevin Koliner and Jeff Clapper prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Alaboudi was remanded to the custody of the U.S. Marshals Service.
Lower Brule Man Charged with Third Degree BurglaryRead 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 Third Degree Burglary.
James Short Bear, age 18, was indicted on March 11, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 13, 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, 2 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on February 10, 2014, Short Bear unlawfully entered and remained in an unoccupied structure, with the intent to commit the crime of larceny.
The charge is merely an accusation and Short Bear 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.
Short Bear was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Fort Thompson Woman Charged with Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that a Fort Thompson, South Dakota, woman has been indicted by a federal grand jury for Assault with a Dangerous Weapon.
Mary St. John, a/k/a Mary Hoisington, age 48, was indicted on March 11, 2014. She appeared before U.S. Magistrate Judge Mark A. Moreno on March 13, 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 January 19, 2014, St. John assaulted someone with a dangerous weapon.
The charge is merely an accusation and St. John 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.
St. John was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Texas Man Pleads Guilty to Sex TraffickingRead the Press Release
United States Attorney Brendan V. Johnson announced that a Texas man entangled in a sex trafficking sting operation has pled guilty to Commercial Sex Trafficking.
Timothy Charles Gravens, age 54, of Grapevine, Texas, appeared before Chief Judge Jeffrey L. Viken, U.S. District Court, on March 12, 2014, and entered his guilty plea.
The maximum sentence for this charge is a mandatory minimum term of 15 years in federal prison, up to a maximum of life in prison, and/or a $250,000 fine. The guilty plea will also result in the forfeiture of Gravens’ 2012 Harley Davidson motorcycle, and his Apple iPhone 4s, which he used to negotiate a commercial sex act.
Gravens 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 wanting to have sex with underage girls. All nine men were indicted for Commercial Sex Trafficking.
“This conviction is further proof that we take sex trafficking very seriously in South Dakota,” said Johnson. “Gravens came to Sturgis for a good time, thought he would have illegal sex with a child, and then just return home to his life in Texas. Instead he became a poster child for sex trafficking felons, and will spend at least the next 15 years in a federal prison.”
The conviction stems from last summer’s Sturgis motorcycle rally, when Gravens responded to a Craigslist.com advertisement which purportedto offer young girls for sex. Gravens chose a 13-year old girl and negotiated the arrangements with the undercover agent, including the price he was willing to pay to have sex with the young girl. When Gravens went to pick up the girl at the pre-determined location, he was instead met by law enforcement agents and placed under arrest.
Of the nine original defendants, five have pled guilty. One has been sentenced to 10 years in federal prison, and the other four await sentencing. The remaining 4 are scheduled for trial.
The undercover operation and arrests were a joint effort between the South Dakota Division of Criminal Investigation, the Federal Bureau of Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s office. Assistant U.S. Attorney Sarah Collins is prosecuting the cases.
Gravens was returned to the custody of the U.S. Marshals Service pending sentencing.
Media Advisory - Press Conference March 17Read the Press Release
United States Attorney Brendan V. Johnson will hold a Press Conference on Monday, March 17, 2014, at 11:30 a.m. CST.
Discussed will be the sentencing of Mohammed Alaboudi for Sex Trafficking in Sioux Falls; recent cases of commercial Sex Trafficking and the law enforcement collaboration that led to the prosecutions; and continuing efforts to combat Human Trafficking.
WHO: Brendan Johnson, U.S. Attorney
Marty Jackley, South Dakota Attorney General
Aaron McGowan, Minnehaha County State’s Attorney
Doug Barthel, Chief of Police, Sioux Fall Police Department
Paul Niedringhaus, Captain, Minnehaha County Sheriff’s Office
Joseph Weir, Supervisory Special Agent, Federal Bureau of Investigation
Michael Janak, Resident Agent in Charge, Homeland Security Investigations
Mike Melcher, Federal Bureau of Investigation
WHAT: Press Conference
WHEN: Monday, March 17, 2014, at 11:30 a.m. CST. Members of the media should arrive by 11:00 a.m. due to extra security measures.
WHERE: United States Attorney's Office, 325 S. 1st Ave., Suite 300, Sioux Falls, SD.
NOTE: Media must enter through the third floor reception area. ALL media MUST PRESENT GOVERNMENT-ISSUED PHOTO ID (such as driver’s license) as well as VALID MEDIA CREDENTIALS. Press inquiries regarding logistics should be directed to Community Services Coordinator Ace Crawford at 605.341.1915 or 605.838.6092.
St. Francis Man Sentenced for Assaulting A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota, man convicted of Assaulting a Federal Officer was sentenced on March 11, 2014, by U.S. District Judge Roberto A. Lange.
Cyrus Black Spotted Horse, age 32, was sentenced to 18 months in custody, 2 years supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Black Spotted Horse was indicted for Assaulting a Federal Officer by a federal grand jury on November 14, 2013. He pled guilty on December 11, 2013.
On September 25, 2013, an officer responded to a call about a fight, and when the officer arrived he made contact with Black Spotted Horse. During conversation with Black Spotted Horse, the officer learned that he had two warrants for his arrest. The officer attempted to arrest Black Spotted Horse, during which time he tried to pull away from the officer, resisting having handcuffs placed on him. Black Spotted Horse then resisted being placed in the squad car and made physical contact with the officer by pushing on the officer’s torso with his feet. Black Spotted Horse also attempted to kick the officer, which the officer was able to avoid.
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.
Black Spotted Horse was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced for Possession of A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota, man convicted of Possession of a Controlled Substance was sentenced on March 11, 2014, by U.S. District Judge Roberto A. Lange.
David Andrews, age 32, was sentenced to time served (222 days), 1 year of supervised release, a $1,000 fine, and a $25 special assessment to the Federal Crime Victims Fund.
Andrews was indicted by a federal grand jury on July 18, 2012. He pled guilty to an Information on February 21, 2013.
The conviction stems from an incident wherein a South Dakota Highway Patrol Trooper came upon a vehicle with its hood up, located along the side of Highway 44. There was smoke coming from under the hood and the vehicle's hazard lights were on. The trooper stopped to provide assistance. There were three men with the vehicle, and Andrews was sitting in the back seat. During the trooper's contact with the three men, a pack of Newport cigarettes stuffed with a plastic bag containing 12.8 grams of methamphetamine was found near the air intake near the front left fender of the vehicle. Additionally, trace amounts of marijuana were located inside the head band of a baseball cap located in the back seat. A glass pipe was also found stuffed in between the rear seat cushions. A urine sample was obtained from Andrews who tested positive for methamphetamine, amphetamine, and marijuana.
The investigation was conducted by the South Dakota Highway Patrol and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Jay Miller prosecuted the case.
Eagle Butte Man Sentenced for LarcenyRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man convicted of Larceny was sentenced on March 10, 2014, by U.S. District Judge Roberto A. Lange.
Torin DeWitt, age 25, was sentenced to 10 months in custody, 2 years of supervised release, $3,310.07 in restitution, and a $100 special assessment to the Federal Crime Victims Fund.
DeWitt was indicted by a federal grand jury on November 14, 2013. He pled guilty on December 18, 2013.
The conviction stems from an incident occurring on October 23, 2013, wherein DeWitt stole a 2007 gray Jeep Laredo from someone’s driveway.
This case was investigated by the Cheyenne River Sioux Tribe Police Department. Assistant U.S. Attorney Jay Miller prosecuted the case.DeWitt was immediately turned over to the custody of the U.S. Marshals Service.
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.
Gerald Duane Iron Shooter, age 21, was indicted on February 12, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 7, 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, Iron Shooter engaged in, and attempted to engage in, a sexual act with the victim who had not attained the age of 16 years.
The charge is merely an accusation and Iron Shooter 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.
Iron Shooter was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Mission Man Sentenced for First Degree Burglary and Sexual Abuse of A MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of First Degree Burglary and Sexual Abuse of a Minor was sentenced on March 11, 2014, by U.S. District Judge Roberto A. Lange.
John Joseph Menard, age 27, was sentenced to 15 years in custody, 10 years supervised release, and a $200 special assessment to the Federal Crime Victims Fund.
Menard was indicted for First Degree Burglary and Sexual Abuse of a Minor by a federal grand jury on March 13, 2013. He pled guilty on December 18, 2013.
On November 5, 2012, Menard entered a residence in the early morning hours without permission, and entered the bedroom where a 7-year-old child was sleeping. Menard got into the bed with the child and attempted to engage in a sexual act with the child.
Between February 12, 2009, and February 18, 2009, Menard had sexual intercourse with a 13-year-old minor while the minor was staying at Menard’s home.
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.
Menard was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Woman Sentenced for Theft from an Indian Tribal OrganizationRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, woman convicted of Theft From an Indian Tribal Organization was sentenced on March 10, 2014, by U.S. District Judge Roberto A. Lange.
Kristi Lynn Lawrence, age 41, was sentenced to 3 months in custody and 6 months of home confinement, 3 years of supervised release with conditions, $87,809.18 in restitution, and a $100 special assessment to the Federal Crime Victims Fund.
Lawrence was indicted for Theft From an Indian Tribal Organization and Tampering with Documents by a federal grand jury on August 13, 2013. She pled guilty to Theft From an Indian Tribal Organization on December 18, 2013.
The conviction arose from incidents that occurred between October 1, 2010, and October 15, 2012, when Lawrence was an employee of the Cheyenne River Sioux Tribe Police Department. During that time, Lawrence manipulated her time sheets, after her supervisor signed them and before she personally delivered them to the payroll department, to include several hours of unauthorized overtime pay. She was paid for such unauthorized and unworked overtime hours and used the funds for her own purposes.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Ann Hoffman prosecuted the case.
Lawrence was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Charged with Failure to AppearRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota, man has been charged by an Information filed May 15, 2013, with a federal offense of Failure to Appear.
David Andrews, age 31, appeared before U.S. Magistrate Judge Mark A. Moreno on March 5, 2014, and pled not guilty to the charge.
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.
On May 6, 2013, Andrews, having been convicted of the offense of Possession of a Controlled Substance, failed to appear for his sentencing hearing in Pierre as required by law.
The charge is merely an accusation and Andrews is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Andrews was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
David Lawrence Honored as Indian Country Officer of the YearRead the Press Release
United States Attorney Brendan V. Johnson announced that David Lawrence has been named the 2013 Indian Country Officer of the Year by the International Association of Chiefs of Police. Lawrence is Chief of Police with the Bureau of Indian Affairs on the Standing Rock Sioux Reservation.
Chief Lawrence has been working in Indian country for approximately 18 years, spending much of that time working complex cases involving murder, kidnapping, violent sexual assaults, and child abuse. Additionally, for several years, Chief Lawrence was the sole criminal investigator for the Standing Rock Sioux Reservation during a time when there was a significant increase in teen suicides. He went to the tragic scenes and dealt with the evidence of the death, but also compassionately worked with the devastated family members.
The Standing Rock reservation covers both South and North Dakota, which necessitates that Lawrence work with the U.S. Attorney’s offices in both states on major crime cases.
“Along with U.S. Attorney Tim Purdon from the District of North Dakota, it was my privilege to nominate David Lawrence for the 2013 Indian Country Officer of the Year,” said Johnson. “I have the utmost respect for him, and the judgment and commitment he takes to work every day. As federal prosecutors, our offices rely on the investigative skills of our partner agencies to help ensure public safety and deliver justice. Chief Lawrence is top-notch in his field, and we’re fortunate to have him as a law enforcement partner on Standing Rock.”
In a recent case, Chief Lawrence courageously risked his life to try and save a disabled young adult from a residential house fire in McLaughlin, South Dakota. Chief Lawrence was in McLaughlin on other law enforcement duties, when he monitored a call for assistance at a house fire. He was one of the first responders on the scene, and learned there was a disabled male in the house, which was engulfed in flames and smoke. In a heroic attempt to save the young man, Chief Lawrence broke the window to the room where he was thought to be located. Although he could not locate the victim on the first attempt and had to retreat the house due to the smoke, Chief Lawrence made a second entry into the smoke-filled bedroom and removed the man from the burning residence. Sadly, the victim subsequently died from smoke inhalation.
In addition, Chief Lawrence has been an important teacher to new special agents and Assistant U.S. Attorneys, helping them to become culturally sensitive to the art of investigating major crimes in Indian country.
The Indian Country Officer of the Year Award provides international recognition of police officers that demonstrate exceptional valor in service to the people of Indian country. Chief Lawrence was recently bestowed the honor by Darren Cruzan, Director of the Bureau of Indian Affairs Office of Justice Services, and Joseph LaPorte, Chairman of the IACP Indian Country Law Enforcement Section, during a banquet at the Las Vegas Paiute Tribe Resort in connection with the Indian Country Law Enforcement Section’s Mid-year Meeting.
Brookings Man Sentenced in Firearm CaseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Brookings, South Dakota, man convicted of Possession of a Firearm by a Convicted Felon was sentenced on March 6, 2014, by U.S. District Judge Karen E. Schreier.
Larry Steven Jordan, Jr., age 46, was sentenced to time served and put on supervised release for two years with the first seven months on home confinement. He was fined $500 and required to forfeit two firearms and ammunition.
Jordan was indicted for two counts of Possession of a Firearm by a Convicted Felon by a federal grand jury on May 8, 2013. He pled guilty to one count on December 16, 2013, and the other count was dismissed.
Jordan was found in possession of a rifle in Brookings on February 28, 2011.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives. Assistant U.S. Attorney John E. Haak prosecuted the case.
Wanblee Man Sentenced for Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Wanblee, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on March 5, 2014, by U.S. District Judge Roberto A. Lange.
Jayme Lee Rivers, a/k/a Jayme Two Crow, age 34, was sentenced to 12 months and 1 day in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Rivers was indicted by a federal grand jury on August 21, 2013, and pled guilty to Failure to Register as a Sex Offender on December 11, 2013.
The conviction arose as a result of Rivers’ failure to register as a sex offender between July 2009 and March 2010. Due to his federal conviction in June 2000 for Sexual Abuse of a Minor, Rivers is required to register as a sex offender by the Sex Offender Registration and Notification Act. He knowingly failed to register and update his residential registration as required by federal law.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Division and the United States Marshals Service. The case was prosecuted by Assistant U.S. Attorney Mikal Hanson.
Rivers was remanded to the custody of the U.S. Marshals Service to begin serving his sentence.
Spencer Man Sentenced for Unlawful Taking of WildlifeRead the Press Release
United States Attorney Brendan V. Johnson announced that a Spencer, South Dakota, man convicted of Unlawful Taking of Wildlife was sentenced on March 3, 2014, by U.S. Magistrate Judge John E. Simko.
Dennis L. Rowley, age 63, was sentenced to 3 years of probation. His sentence also included a $3,000 fine, $3,050 restitution, and the loss of hunting privileges for 3 years.
An information was filed against Rowley on July 24, 2013, charging him with Unlawful Taking of Wildlife. He was found guilty of the charge at a trial held on January 27, 2014, before the Honorable Judge Simko.
In June of 2012, a person taking photographs of Double-crested Cormorants nesting on an island on a lake near Spencer called the South Dakota T.I.P.S. Hotline to report a person shooting the cormorants. Conservation officers with the South Dakota Game, Fish and Parks Department learned that the shooter was Dennis Rowley. They went to the island and found 61 dead cormorants.
This case was investigated by the South Dakota Game, Fish and Parks, and the U.S. Fish and Wildlife Service. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Sioux Falls Woman Sentenced in Embezzlement CaseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota, woman convicted of Bank Embezzlement was sentenced on March 6, 2014, by U.S. District Judge Karen E. Schreier.
Kellie Cunningham, age 28, was sentenced to time served (one day) and 3 years of supervised release. She was also ordered to make restitution in the amount of $5,600.
Cunningham was indicted for Bank Embezzlement by a federal grand jury on August 13, 2013. She pled guilty on December 4, 2013.
Between May 2012 and March 2013, Cunningham was employed as a bank teller. During this timeframe, she stole money from her teller drawer for personal use and took steps to conceal the theft.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.
Mission Man Sentenced for Simple Possession of A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man charged with Simple Possession of a Controlled Substance pled guilty and was sentenced on March 4, 2014, by U.S. Magistrate Judge Mark A. Moreno.
Steven Plank, age 29, was sentenced to 9 months of probation, a $1,000 fine, and $25 to the Federal Crime Victims Fund.
The conviction stems from an incident that took place on September 29, 2013, when Plank, who was working as a correctional officer at the Rosebud Sioux Tribe Adult Correctional Facility on the Rosebud Reservation, took a bottle of an inmate’s hydrocodone pills. The pills had been prescribed for the inmate by the Rosebud Indian Health Service Hospital. The hydrocodone pills that Plank stole from the inmate are a Schedule III controlled substance.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Tim Maher.
Mission Man Sentenced for Sexual Abuse of A MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of Sexual Abuse of a Minor was sentenced on March 4, 2014, by U.S. District Judge Roberto A. Lange.
Richard Peneaux, age 20, was sentenced to 18 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Peneaux was indicted by a federal grand jury on September 17, 2013. He pled guilty on December 11, 2013.
The conviction stems from an incident in August, 2013, when Peneaux was dating the victim, who had not attained the age of 16. Peneaux was aware that the victim was underage when he engaged in sexual intercourse with the victim.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Marie H. Ruettgers prosecuted the case. Peneaux was immediately turned over to the custody of the U.S. Marshals Service.
Kyle Man Indicted for Assault and BurglaryRead the Press Release
United States Attorney Brendan V. Johnson announced that a Kyle, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Burglary.
Makes Good was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
Vinnie Sonny Makes Good, age 26, was indicted on February 19, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on February 27, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 25 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 Makes Good and another person broke into a home near Kyle and assaulted a man.
The charges are merely accusations and Makes Good is presumed innocent until and unless proven guilty.
The investigation was conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.
Eagle Butte Man Sentenced for 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 Resulting in Serious Bodily Injury was sentenced on March 3, 2014, by U.S. District Judge Roberto A. Lange.
Joseph Anthony Little Star, age 19, was sentenced to 40 months in custody, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Little Star was indicted by a federal grand jury on July 17, 2013, and pled guilty to Assault Resulting in Serious Bodily Injury on November 6, 2013.
The conviction arose from a July 10, 2013, incident when Little Star, his wife, the victim, and others were celebrating Little Star’s recent marriage. During the party, a verbal altercation occurred between Little Star and the victim, who apparently perceived that Little Star was mistreating his new wife. After the verbal argument, the victim went home. Sometime later, he went back to the residence where the party had been held and used a metal bar to break a window. Little Star went outside to confront the victim and another verbal argument ensued. This verbal argument escalated into a physical confrontation and Little Star got the upper hand and rendered the victim unconscious. At this point, Little Star continued to assault the victim by hitting and beating him.
As a result of Little Star’s unlawful assault, the victim was seriously injured and was taken by air ambulance to Rapid City Regional Hospital, where emergency surgery was performed to relieve the pressure on his brain caused by bleeding. The victim is still being provided medical care for his closed head injuries.
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.
Little Star was remanded to the custody of the U.S Marshals Service to begin serving his sentence.
Eagle Butte Man Sentenced for Aggravated Sexual Contact with A ChildRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man convicted of Aggravated Sexual Contact with a Child was sentenced on March 4, 2014, by U.S. District Judge Roberto A. Lange.
Austin Wade Bissonette, age 25, was sentenced to 144 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Bissonette was indicted by a federal grand jury on September 17, 2013, and pled guilty to Aggravated Sexual Contact with a Child on December 11, 2013.
The conviction arose from an incident that occurred in Eagle Butte between August 2009 and August 2010, when Bissonette would babysit the victim and her two brothers at his mother’s residence. While the victim was in Bissonette’s care and custody, he sexually abused and had sexual contact with the 7-year old child victim.
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.
Bissonette was remanded to the custody of the U.S. Marshals Service to begin serving his sentence.
Eagle Butte Man Pleads Guilty to Assaulting, Resisting and Impeding Federal Officers and Discharge of A Firearm During A Crime of ViolenceRead the Press Release
United States Attorney Brendan V. Johnson announced that Jason Garreau, age 27, of Eagle Butte, South Dakota, appeared before U.S. District Judge Roberto A. Lange on March 5, 2014, and pled guilty to two counts of a Superseding Indictment that charged him with Assaulting, Resisting and Impeding Federal Officers and Discharge of a Firearm During a Crime of Violence.
The maximum penalty upon conviction on the Assault a Federal Officer charge is 20 years of custody and/or a $250,000 fine, and 3 years of supervised release. The maximum penalty on the Discharge of a Firearm charge is a mandatory minimum of 10 years in custody up to life in prison, consecutive to the sentence imposed on the Assault charge, and/or a $250,000 fine, and 5 years of supervised release. There will be a $200 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The conviction stems from a standoff Garreau had with law enforcement on October 31, 2013, at a Pierre residence. The standoff followed a high speed chase that ensued on October 30, 2013, when law enforcement attempted to serve an arrest warrant on an individual. When the individual’s car was located, police discovered it was being driven by Garreau. Police attempted to execute a traffic stop on the vehicle, but Garreau then led police on a high speed chase, which was aborted on east Highway 34. The Bureau of Indian Affairs soon discovered the vehicle on the Crow Creek Reservation, and a new pursuit ensued. While in pursuit, Garreau made multiple phone calls to his cousin, who came to aid Garreau in the pursuit and the cousin opened fire on law enforcement, which allowed Garreau to flee the scene. The next day, Garreau was located at a residence in Pierre, and a SWAT team was called in to assist in the apprehension. When the SWAT team entered the residence, Garreau fired multiple shots from a Benelli shotgun and a Hi-Point handgun, injuring two police officers. Garreau surrendered and was taken into custody.
Following his plea in Federal court Garreau will also be pleading guilty to one count of Attempted Murder in State Court. The parties have agreed that the sentence imposed in State court will be consecutive to the sentence imposed in Federal court.
The investigation was conducted by the Federal Bureau of Investigation, with assistance from the U.S. Marshals Service, South Dakota Division of Criminal Investigation, South Dakota Highway Patrol, Hughes County Sheriff’s Office and the Pierre Police Department. The case is being prosecuted by Assistant U.S. Attorney Meghan N. Dilges. A presentence investigation was ordered and a sentencing date was set for June 2, 2014. The defendant was remanded to the custody of the U.S. Marshals Service pending sentencing.
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 March 3, 2014, by U.S. District Judge Roberto A. Lange.
Francisco Maldonado, age 41, was sentenced to 51 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Maldonado was indicted by a federal grand jury on June 12, 2013. He pled guilty on December 4, 2013.
The conviction stems from an incident on June 9, 2013, when Maldonado was in the company of others, at a rural Todd County home near Antelope. Maldonado struck the victim with a frying pan and a sharp object, causing serious bodily injuries, including several cuts on the victim’s head that required staples, a 1 inch puncture wound to his left forearm, and a 1 ½ inch puncture wound to his right bicep, both of which required sutures.
This case was investigated by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Marie H. Ruettgers prosecuted the case.
Maldonado was immediately turned over to the custody of the U.S. Marshals Service.
Fort Thompson Woman Sentenced for LarcenyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Fort Thompson, South Dakota, woman convicted of Larceny was sentenced on March 3, 2014, by U.S. District Judge Roberto A. Lange.
Ruby Sazue, age 20, was sentenced to time served (105 days), 18 months of Supervised Release, $7,300 in restitution, and a $100 special assessment to the Federal Crime Victims Fund.
Sazue was indicted by a federal grand jury on November 14, 2013. She pled guilty on January 13, 2014.
The conviction stems from an incident occurring on the evening of October 30, 2013, when Sazue learned of the death of her former significant other. She began to drink alcohol and became upset at the news. Sazue stole the motor vehicle belonging to the victim in an effort to try and drive to Pierre. After stealing the vehicle, Sazue wrecked the vehicle near the power plant outside of Fort Thompson.
This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Wanblee Man Charged with Abusive Sexual ContactRead the Press Release
United States Attorney Brendan V. Johnson announced that a Wanblee, South Dakota, man has been indicted by a federal grand jury for Abusive Sexual Contact.
Bad Cob was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for May 6, 2014.
Tyson Bad Cob, age 20, was indicted on February 19, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on February 27, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Bad Cob engaging in sexual contact with a child who had not attained the age of twelve, between 2011 and 2014 at Wanblee.
The charge is merely an accusation and Bad Cob is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.