District of South Dakota
Press releases recorded for this federal judicial district.
Ideal Man Sentenced for Failure to Register as A Sex Offender and False StatementRead the Press Release
United States Attorney Brendan V. Johnson announced that an Ideal, South Dakota, man convicted of one count of Failure to Register as a Sex Offender and one count of False Statement was sentenced on January 13, 2014, by U.S. District Judge Roberto A. Lange.
Loren Running Horse, a/k/a Bo Running Horse, age 43, was sentenced to 24 months in custody on each count, 5 years of supervised release for Failure to Register as a Sex Offender, 3 years of supervised release for False Statement, and a $200 special assessment to the Federal Crime Victims Fund. The sentences and terms of supervised release for each count are to be served concurrently.
Running Horse was indicted by a federal grand jury on April 12, 2013. He pled guilty on October 22, 2013.
On June 6, 1998, Running Horse was convicted of Sexual Abuse of a Minor. As a result of his conviction, Running Horse was ordered to register as a sex offender and was aware of his duty to do so. On or about between February 4 and March 4, 2013, Running Horse was living in various locations on Rosebud. During that time he failed to register as a sex offender. Running Horse was apprehended in Todd County on March 4, 2013. On March 5, 2013, Running Horse told a federal officer that he did not begin living on Rosebud until March 4, when in fact knew this statement to be false. Running Horse began living on the Rosebud Reservation on or about January 2, 2013.
This case was investigated by U.S. Marshal Service. Assistant U.S. Attorney Marie H. Ruettgers prosecuted the case.
Running Horse was immediately turned over to the custody of the U.S. Marshals Service.
Florida Man Sentenced for Witness TamperingRead the Press Release
United States Attorney Brendan V. Johnson announced that a Bushnell, Florida, man convicted of Witness Tampering was sentenced on January 13, 2014, by U.S. District Judge Roberto A. Lange.
Seth Stone, age 25, was sentenced to time served (45 days), 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Stone was indicted by a federal grand jury on May 15, 2013. He pled guilty on November 18, 2013.
The conviction stems from an incident between June 1, 2012, and July 15, 2012, wherein Stone instructed a minor to destroy all electronic records of conversations that had occurred between the two of them, knowing an investigation was being conducted.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
St. Francis Woman Charged with Assaulting A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota, woman has been indicted by a federal grand jury for Assaulting a Federal Officer.
Amanda Broken Leg, age 20, was indicted on November 14, 2013. She appeared before U.S. Magistrate Judge Mark A. Moreno on January 8, 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 charges relate to incidents that occurred on October 18, 2013, when Broken Leg assaulted a law enforcement officer with a dangerous weapon, that is, a motor vehicle. Broken Leg also assaulted and resisted law enforcement officers when they tried to restrain her.
The charge is merely an accusation and Broken Leg 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.
Broken Leg was released on bond pending trial. A trial date has not been set.
Irene Man Sentenced in Methamphetamine Distribution ConspiracyRead the Press Release
United States Attorney Brendan V. Johnson announced that an Irene, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on January 9, 2014, by U.S. District Judge Karen E. Schreier.
Jacob Franklin Zurcher, age 30, was sentenced to 46 months in custody, to be followed by 3 years of supervised release.
Zurcher was indicted by a federal grand jury on July 9, 2013, for Conspiracy to Distribute 500 Grams of Methamphetamine. He pled guilty on October 29, 2013.
As his part in the conspiracy, Zurcher allowed co-conspirators to sell methamphetamine from his home and also purchased methamphetamine and sold it to customers in Sioux Falls.
This case was investigated by the Sioux Falls Police Department, the Nebraska State Patrol, and the U.S. Drug Enforcement Administration. Assistant U.S. Attorney John E. Haak prosecuted the case.
Zurcher was immediately turned over to the custody of the U.S. Marshals Service.
Eighth Circuit Court of Appeals Upholds Conviction of Former Rapid City SurgeonRead the Press Release
United States Attorney Brendan V. Johnson announced that the United States Court of Appeals for the Eighth Circuit has affirmed the convictions of Edward J.S. Picardi, age 56, a former Rapid City surgeon. Picardi is currently serving a five-year prison sentence for tax evasion.In October 2012, Picardi was convicted by a jury of 13 separate federal felony counts, including five counts of tax evasion for years 1999 through 2003; five counts of making false statements on each of his tax returns for years 2004 through 2008; and three counts of failing to file required reports with the United States Treasury Department in 2007 through 2009 disclosing his interest in foreign accounts.
He was sentenced on May 7, 2013, and received the statutory maximum sentence of 60 months in custody for Counts 1-5 of tax evasion; 36 months for Counts 6-10 of making false statements; and 60 months for Counts 11-13 of failing to file required reports. The sentences were ordered to run concurrently.
Picardi appealed his convictions, asking that all 13 counts be reversed and that his case be remanded for a new jury trial. On Friday, January 10, 2014, the Eighth Circuit Court of Appeals issued a published opinion rejecting each of Picardi’s appellate arguments and affirming all of his convictions.
U.S. Attorney Johnson lauded the decision. “We are very pleased with the appellate decision. The Eighth Circuit Court of Appeals opinion closes the book on this case. It affirms the reasoned verdict of Dr. Picardi’s jury, which found him guilty on all thirteen tax and related financial felonies. The lesson should be very clear. No matter how elaborate your strategy and no matter what you do for a living, if you evade paying your fair share of taxes, you’ll land in federal prison,” said Johnson.
Picardi was convicted after a jury heard evidence that he sent his earnings from his surgical practice through a complicated offshore network. His earnings passed through a web of entities organized under the laws of Ireland, Hungary, Cyprus, Isle of Man, Jersey, and Guernsey. The money was ultimately deposited into various foreign accounts that Picardi controlled through a New Zealand trust, in the name of a corporation set up for him in Nevis, a Caribbean island. Through these offshore transactions, Picardi attempted to hide his income and evade over $1 million in taxes.
“The unanimous Appellate Court decision to uphold Mr. Picardi’s tax fraud convictions is highly gratifying, as it demonstrates that using complicated schemes to defraud the government will not only be discovered and prosecuted, but convictions will stand,” said Karyn Fonseca, Assistant Special Agent in Charge of the IRS Criminal Investigation office responsible for investigating Edward Picardi. Fonseca added, “I would like to recognize and applaud the tireless efforts of both the Assistant United States Attorney and the IRS Special Agent who worked diligently to ensure that Mr. Picardi was brought to justice and his convictions validated.”
The case was investigated by the Criminal Investigation Division of the Internal Revenue Service. Assistant U.S. Attorney Kevin Koliner and Department of Justice Tax Division Trial Attorney Joseph Giannullo prosecuted the case.
Picardi remains in federal custody and will continue to serve his sentence.
South Dakota U.S. Attorney's Office Helped Collect over $24 Million for Taxpayers in Fiscal Year 2013Read the Press Release
United States Attorney Brendan V. Johnson announced today that the U.S. Attorney’s Office in South Dakota collected over $2.8 million in Fiscal Year (FY) 2013 from civil and criminal actions. Of this amount, over $2.1 million was collected in criminal actions and over $673,000 was collected in civil actions.
Additionally, the District of South Dakota worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $21.7 million in civil actions that were pursued jointly.
Attorney General Eric Holder announced on Thursday that the Justice Department collected approximately $8.1 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2013. The more than $8 billion in collections in FY 2013 represents nearly three times the appropriated $2.76 billion budget for the 94 U.S. Attorney’s offices and the main litigating divisions in that same period.
“The Department’s enforcement actions help to not only ensure justice is served, but also deliver a valuable return to the taxpayer,” said Attorney General Holder. “It is critical that Congress provide the resources necessary to match the Department’s mounting caseload. As these figures show, supporting our federal prosecutors is a sound investment.”
“In these times of fiscal uncertainty, the revenue generated from these collections becomes increasingly more important,” said U.S. Attorney Johnson. “U.S. Attorneys’ Offices not only protect the public, but also collect more money on behalf of the American taxpayer than they spend.”
The most significant joint recovery case was Cyprus Mines Corporation, which resulted in over $18 million being collected for the U. S. Department of Treasury. The Homestake Mining case was the second largest recovery for the District of South Dakota, with an amount in excess of $3.7 million.
The U.S. Attorneys’ Offices, along with the Department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the Department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.
The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration, and Department of Education.
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 January 6, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Tricia Lee Pond, a/k/a Trish Pond, age 42, was sentenced to 60 months in custody, 4 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Pond was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on April 16, 2013. She pled guilty on September 6, 2013.
Between 2009 and April 2013, Pond would travel from South Dakota to Denver, Colorado, to obtain marijuana and cocaine for further distribution. Pond would deliver ounce quantities of cocaine to others, and it is reasonable that she distributed more than 500 grams of cocaine on and around the Pine Ridge Indian Reservation.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Ted L. McBride and Special Assistant U.S. Attorney Laura A. Shattuck prosecuted the case.
Pond was immediately turned over to the custody of the U.S. Marshals Service.
Pierre Man Sentenced for AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pierre, South Dakota, man charged with Assaulting, Resisting, or Impeding a Federal Officer pled guilty and was sentenced on January 8, 2014, by U.S. Magistrate Judge Mark A. Moreno.
Glen Trudell, Jr., age 31, was sentenced to 12 months of custody, 12 months of supervised release, and $25 to the Federal Crime Victims Fund.
The conviction stems from an incident that took place on August 18, 2013, when two Deputy U.S. Marshals were returning to Pierre from working on a federal fugitive operation. Around 5:00 a.m. that day, the Pierre Police Department received a call from a woman reporting that Trudell was at her residence causing damage. Due to the nature of the call, the deputy marshals went to monitor the location while the Pierre Police Department made contact with the woman. The deputies observed Trudell digging through a duffel bag outside the apartment. Trudell saw the deputies, yelled at them to get out of their vehicle, and began to approach them. The deputies identified themselves to Trudell as police and told him to stop. The deputies were wearing law enforcement clothing, duty gear belts, and badges. When the deputies exited the vehicle, Trudell was within several feet of them. Trudell had his hands in his pockets and was ordered to remove them. He did not initially comply, but when he did, one of the deputies observed brass knuckles on his right hand in a closed fist. The deputy yelled “brass knuckles,” reached for his pepper spray, and deployed it in Trudell’s eyes for one second from about six feet away.
The investigation was conducted by the U.S. Marshals Service. The case was prosecuted by Assistant U.S. Attorney Kathryn Rich and First Assistant U.S. Attorney Randolph Seiler.
Trudell was remanded to the custody of the U.S. Marshals Service.
Kyle Man Sentenced for Assaulting an OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a Kyle, South Dakota, man convicted of Assaulting, Resisting, or Impeding a Federal Officer was sentenced on January 7, 2014, by U.S. Magistrate Judge Veronica L. Duffy.
Richard D. Red Owl, age 46, was sentenced to time served, 1 year of supervised release, and ordered to pay a $25 special assessment to the Federal Crime Victims Fund.
Red Owl pled guilty to the charge on November 22, 2013. The conviction relates to an incident where Red Owl swung a large tree branch at an officer and then pulled a knife blade on him on June 7, 2013, near Kyle.
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.
Colorado Woman Indicted for Drug ConspiracyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Colorado Springs, Colorado, woman has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance.
Barbara Olson, age 52, was indicted on November 19, 2013. She appeared before U.S. Magistrate Judge Veronica L. Duffy on January 6, 2014, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $1,000,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.
Beginning no later than the summer of 2012, Olson conspired with others to distribute more than 500 grams of methamphetamine in the District of South Dakota.
The charge is merely an accusation and Olson is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Unified Narcotic Enforcement Team, and the Drug Enforcement Administration. Assistant U.S. Attorney Ted L. McBride is prosecuting the case.
Olson was released on bond pending trial. A tentative trial date has been set for March 11, 2014.
Wanblee Woman Sentenced for Drug ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Wanblee, South Dakota, woman convicted of conspiracy to distribute more than 1 kilogram of marijuana was sentenced on January 2, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
This case was investigated as part of Operation Eagle Eye, a controlled substances investigation conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Ted L. McBride prosecuted the case.
Anita Lucine Brown, age 59, was sentenced to 1 year probation and a $100 special assessment to the Federal Crime Victims Fund.
Brown was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on July 24, 2012. She pled guilty on October 4, 2013.
Between May 2010 and July 2012, the defendant’s sons sold marijuana from her home. Brown was given marijuana for allowing them to use her home, wherein more than 1 kilogram of marijuana was distributed.
Sioux Falls Woman Sentenced in Marijuana Distribution ConspiracyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota, woman convicted of conspiracy to distribute marijuana was sentenced on January 6, 2014, by the Honorable Karen E. Schreier, U.S. District Judge.
Georgia Pfeifle, age 24, was sentenced to six months in custody and six months of home confinement, to be followed by two years of supervised release. She was also fined $1,000.
Pfeifle was charged by a Superseding Information with Conspiracy to Distribute Marijuana on October 10, 2013. She pled guilty on October 16, 2013.
Pfeifle joined a conspiracy to illegally distribute marijuana in South Dakota and elsewhere. During her involvement, she personally obtained, delivered and distributed marijuana in South Dakota, collected and received payments for marijuana, and deposited those payments to other co-conspirators’ accounts.
This case was investigated by the U.S. Department of Homeland Security – Immigration and Customs Enforcement in both South Dakota and California. Assistant U.S. Attorney Connie Larson prosecuted the case.
Pfeifle was ordered to turn herself into the U.S. Marshals Service on January 21, 2014.
Rapid City Man Sentenced for Possession of A Firearm in Furtherance of Drug Trafficking CrimeRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of Possession of a Firearm in Furtherance of Drug Trafficking Crime was sentenced on January 3, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Jay Paul Gallego, age 28, was sentenced to 60 months in custody, 3 years of Supervised Release, and a $100 special assessment to the Federal Crime Victims Fund.
Gallego was indicted by a federal grand jury on January 23, 2013. He pled guilty to Possession of a Firearm in Furtherance of Drug Trafficking Crime on October 4, 2013.
On December 11, 2012, Gallego possessed with intent to distribute one gram of methamphetamine which was found during a search of his house. Law enforcement agents also found baggies, paraphernalia, and two firearms.
This case was investigated by the Northern Plains Safe Trails Task Force, the Federal Bureau of Investigation, and the Rapid City Police Department. Special Assistant U.S. Attorney Laura A. Shattuck prosecuted the case.
Gallego was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Illegal Possession of A FirearmRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of Domestic Violence Offender in Possession of a Firearm and Ammunition was sentenced on January 2, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Shawn Muldoon, age 30, was sentenced to time served of 1 day and 2 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Muldoon was indicted by a federal grand jury on March 19, 2013, and he pled guilty to the offense on July 19, 2013.
In July 2012, near Rapid City, Pennington County sheriff’s deputies assisted a vehicle stuck on forest service land. The vehicle was occupied by Muldoon and others. During the vehicle search, investigators located a 9mm handgun and ammunition owned by Muldoon, who is prohibited from possessing firearms due to a 2003 domestic violence conviction.
The investigation was conducted by the Pennington County Sheriff’s Office and the U.S. Forest Service. The case was prosecuted by Assistant U.S. Attorney Sarah B. Collins.
Rapid City Man Sentenced for Felon in Possession of A FirearmRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of Felon in Possession of a Firearm was sentenced on January 6, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Ryan Umbarger, age 23, was sentenced to 40 months in custody, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Umbarger pled guilty to the charge on October 9, 2013. The charge related to Umbarger possessing a stolen 9 mm caliber pistol and a stolen .30-.30 caliber rifle. Umbarger is prohibited from possessing firearms based on previous felony convictions.
This case was investigated by the Pennington County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Umbarger was immediately turned over to the custody of the U.S. Marshals Service.
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 December 30, 2013, by U.S. District Judge Charles B. Kornmann.
Tabitha Good House, age 27, was sentenced to 5 years of unsupervised probation, $16,761 in restitution, and a $100 special assessment to the Federal Crime Victims Fund.
Good House was indicted by a federal grand jury on July 17, 2013. She pled guilty on October 7, 2013.
The conviction stems from incidents occurring between December 1, 2012, and March 25, 2013, when Good House, who was employed by KLND Radio Station in McLaughlin, forged the signature of station board members and negotiated several checks, knowing she was not entitled to the monies to which she received. The total amount of the checks was $16,761.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
McLaughlin Man Sentenced for Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on December 30, 2013, by U.S. District Judge Charles B. Kornmann.
Lehi James Demarrias, Sr., age 31, was sentenced to 57 months in custody, 3 years of Supervised Release, $3,287.41 in restitution, and a $100 special assessment to the Federal Crime Victims Fund.
Demarrias was indicted by a federal grand jury on July 23, 2013. He pled guilty on September 23, 2013.
The conviction stems from an incident that happened in McLaughlin on July 17, 2013, when Standing Rock Agency Dispatch received a call regarding a male who had been stabbed in the stomach. Bureau of Indian Affairs police officers arrived on the scene and were informed by the victim that he had been stabbed by Demarrias.
The victim was originally taken to the Mobridge hospital where he was stabilized and then transferred to a hospital in Bismarck, North Dakota. Upon arrival in Bismarck, the hospital determined it was necessary for the victim to undergo emergency surgery due to the possibility that one of his organs was possibly ruptured. As a result of this incident, the victim sustained serious bodily injury.
This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Demarrias was immediately turned over to the custody of the U.S. Marshals Service.
Bullhead Man Sentenced for Domestic Assault by A Habitual OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Bullhead, South Dakota, man convicted of Domestic Assault by a Habitual Offender was sentenced on December 30, 2013, by U.S. District Judge Charles B. Kornmann.
Derek Archambault, a/k/a John Martinez, age 31, was sentenced to 46 months in custody, 3 years of Supervised Release, and a $200 special assessment to the Federal Crime Victims Fund.
Archambault was indicted by a federal grand jury on July 17, 2013. He pled guilty on September 23, 2013.
The conviction stems from an incident occurring on May 20, 2010, when Archambault’s girlfriend called the Standing Rock Police Department and reported that her boyfriend had assaulted her. When a Bureau of Indian Affairs (BIA) officer arrived at her residence, the victim informed him that Archambault had been hitting her in the face. The officer took pictures of her mouth which was swollen and bruised, with cuts on her lips, and also pictures of scratches on her chest and neck.
The victim further reported that her son, who was 11 years old at the time, attempted to stop Archambault from hitting his mother, and Archambault punched her son in the face with a closed fist. The victim’s son demonstrated for the officer how Archambault hit him by using a closed fist and motioned toward his mouth. The victim also told the officer she has been assaulted by the defendant in the past, but he does not stay detained.
In an attempt to locate Archambault, the officer met with the school resource officer and an animal control officer, who advised that Archambault also goes by the name of John Martinez. The victim then arrived at the McLaughlin Police Department to speak with the officer again. She reported she had just met with Archambault and he broke her toe. The officer located Archambault and arrested him for the assault.
At the time this incident occurred, Archambault had two prior domestic abuse convictions in the Standing Rock Tribal Court for assaulting a prior intimate partner. In criminal case 08-22146, Archambault admitted to the BIA officer that he struck his girlfriend in the facial area causing bodily injury. In criminal case 09-20614, Archambault struck and kicked his girlfriend, breaking her ribs.
This case was investigated by the BIA. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Archambault was immediately turned over to the custody of the U.S. Marshals Service.
Little Eagle Man Sentenced for Domestic Assault by A Habitual OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Little Eagle, South Dakota, man convicted of Domestic Assault by a Habitual Offender was sentenced on December 30, 2013, by U.S. District Judge Charles B. Kornmann.
Chat Moses Bobtail Bear, Sr., a/k/a Chate Moses Bobtail Bear, Sr., age 35, was sentenced to 28 months in custody, 3 years of Supervised Release, and a $100 special assessment to the Federal Crime Victims Fund.
Bobtail Bear was indicted by a federal grand jury on August 21, 2013. He pled guilty on October 7, 2013.
On August 6, 2013, a Bureau of Indian Affairs officer was dispatched to Little Eagle in reference to an unknown person lying in the road. Upon arrival, the officer observed a female sitting on the ground with a male and two children standing near her. The officer noticed several abrasions and lacerations to the female’s face. The victim informed the officer that she awoke that morning to Bobtail Bear stomping on her face. He continued to assault her by punching and kicking her about the head and face. She ran out of the house and made it as far as the street before Bobtail Bear caught up to her and continued to assault her. As a result of the assault, the victim suffered numerous abrasions and lacerations about her face and head, severely swollen lips, a broken nose and a broken hand.
Bobtail Bear has two prior judgments of conviction for domestic abuse of a spouse or intimate partner.
This case was investigated by the Bureau of Indian Affairs. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Bobtail Bear was immediately turned over to the custody of the U.S. Marshals Service.
Little Eagle Man Sentenced for Abusive Sexual Contact and Attempted Aggravated Sexual AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Little Eagle, South Dakota, man convicted of Abusive Sexual Contact and Attempted Aggravated Sexual Abuse was sentenced on December 30, 2013, by U.S. District Judge Charles B. Kornmann.
Ronnie Fire Cloud, a/k/a Ronald Fire Cloud, age 38, was sentenced to 120 months in custody on both counts to run concurrently, 5 years of Supervised Release, $400 in restitution and a $200 special assessment to the Federal Crime Victims Fund.
Fire Cloud was indicted for the above charges and Aggravated Sexual Abuse by Force by a federal grand jury on December 11, 2012. On October 15, 2013, Fire Cloud appeared before the Honorable Charles B. Kornmann for a jury trial. On October 16, 2013, a jury found him not guilty on the charge of Aggravated Sexual Abuse by Force; however they found him guilty on the other two charges.
The conviction stems from an incident occurring on November 2, 2012. Fire Cloud allowed the victim, who was a house guest, to use his shower. While she was showering, Fire Cloud entered the bathroom, fondled her, and attempted to rape her. The victim was able to escape the bathroom, flee the residence and contact the authorities.
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency, National Park Service, and the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Fire Cloud was immediately turned over to the custody of the U.S. Marshals Service.
Pierre Man Indicted on Controlled Substance ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pierre, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance Near a School and Distribution of a Controlled Substance Near a School.
Juan Howell, age 29, was indicted on December 10, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 20, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $500,000 fine, 4 years of supervised release, and $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that in 2012, Howell conspired to and did distribute marijuana, a Schedule I controlled substance, within 1,000 feet of an elementary school.
The charges are merely an accusation and Howell 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.
Howell was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
North Dakota Man Sentenced for Possession of A Firearm by A Prohibited PersonRead the Press Release
United States Attorney Brendan V. Johnson announced that a North Dakota man convicted of Possession of a Firearm by a Prohibited Person was sentenced on December 30, 2013, by U.S. District Judge Charles B. Kornmann.
Virgil Running Bear, Jr., age 40, was sentenced to 57 months of imprisonment, 3 years of Supervised Release, and a $100 special assessment to the Federal Crime Victims Fund.
Running Bear was indicted by a federal grand jury on May 15, 2013. He pled guilty on September 23, 2013.
The conviction stems from a December 10, 2012, incident wherein the Edmunds County Sheriff’s Office was called to investigate a report of a vehicle in a ditch near Ipswich, South Dakota. When a deputy sheriff reviewed Running Bear’s driver’s license and registration, he learned that Running Bear had a revoked license and was on federal probation. After receiving permission, the deputy searched Running Bear’s vehicle and found three firearms and assorted ammunition, which he was prohibited from possessing. The weapons had been transported through interstate commerce and functioned properly.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Edmunds County Sheriff’s Office. Assistant U.S. Attorney Kathryn Rich and First Assistant U.S. Attorney Randolph Seiler prosecuted the case.
Running Bear was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Charged with Failure to Register as A Sex OffenderRead 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 Failure to Register as a Sex Offender.
Eugene Featherman, age 25, was indicted by a federal grand jury on September 17, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 24, 2013, 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 term of supervised release of at least 5 years up to life, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The indictment alleges that on or about between June 13, 2013, and September 17, 2013, 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.
The charge is merely an accusation and Featherman is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Marie H. Ruettgers is prosecuting the case.
Featherman was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Marion Man Sentenced in Methamphetamine Conspiracy CaseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Marion, South Dakota, man convicted of conspiracy to distribute 500 grams or more of methamphetamine was sentenced on December 30, 2013, by U.S. District Court Judge Karen E. Schreier.
Larry Wayne Alver, age 37, was sentenced to 120 months in custody to be followed by 5 years of supervised release. He was also ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Alver was indicted by a federal grand jury on May 8, 2013, of Conspiracy to Distribute a Controlled Substance. He pled guilty on September 9, 2013.
During his involvement in the conspiracy, Alver purchased methamphetamine from a co-conspirator and distributed it. He also facilitated the distribution of methamphetamine by introducing his source of supply to another dealer.
This case was investigated by the Sioux Falls Police Department, the South Dakota Division of Criminal Investigation, and the U.S. Drug Enforcement Administration. Assistant U.S. Attorney John E. Haak prosecuted the case.
Alver was immediately turned over to the custody of the U.S. Marshals Service.
Lower Brule Man Sentenced for Possession of A Controlled Substance AnalogueRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota, man convicted of Possession of a Controlled Substance Analogue was sentenced on December 23, 2013, by U.S. Magistrate Judge Mark A. Moreno.
Joshua Brouse, age 30, was sentenced to 4 months in custody, 1 year of Supervised Release, a $1,000 fine, and a $25 special assessment to the Federal Crime Victims Fund.
Brouse was indicted by a federal grand jury on May 15, 2013. He pled guilty on November 26, 2013.
On February 22, 2013, a package addressed to Brouse was delivered by FedEx to the Lower Brule Tribal Building. Brouse attempted to retrieve the package from law enforcement by personally coming to the tribal building and by sending others to retrieve the package. After obtaining a search warrant, law enforcement discovered the package contained 24 sealed plastic bottles containing approximately 4 grams each of XLR-11. XLR-11 is a Schedule I controlled substance analogue. Brouse knowingly purchased and attempted to possess the XLR-11 substance.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Brouse is to self-report to the custody of the U.S. Marshals Service by noon on December 30, 2013.
Irene Man Sentenced in Methamphetamine Distribution ConspiracyRead the Press Release
United States Attorney Brendan V. Johnson announced that an Irene, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on December 23, 2013, by U.S. District Judge Karen E. Schreier.
Zurcher was immediately turned over to the custody of the U.S. Marshals Service.
Jeremy Eric Zurcher, age 24, was sentenced to 168 months in custody to be followed by 5 years of supervised release.
Zurcher was indicted by a federal grand jury on July 9, 2013, for conspiracy to distribute 500 grams or more of a mixture or substance containing methamphetamine. He pled guilty on October 4, 2013.
As his part in the conspiracy, Zurcher purchased over 500 grams of methamphetamine and distributed it to customers in Sioux Falls.
This case was investigated by the Sioux Falls Police Department, the Nebraska State Patrol, and the U.S. Drug Enforcement Administration. Assistant U.S. Attorney John E. Haak prosecuted the case.
Yankton Man Sentenced in Methamphetamine ConspiracyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Yankton, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on December 19, 2013, by U.S. District Judge Karen E. Schreier.
Schaefer was immediately turned over to the custody of the U.S. Marshals Service.
Richard Allen Schaefer, age 43, was sentenced to 121 months in prison to be followed by 5 years of supervised release.
Schaefer was indicted by a federal grand jury on July 9, 2013. He pled guilty on September 30, 2013.
As his part in the conspiracy, Shaefer delivered over 500 grams of a mixture containing methamphetamine to other conspirators, and he also distributed it to customers in Sioux Falls.
This case was investigated by the Sioux Falls Police Department, the Nebraska State Patrol, and the U.S. Drug Enforcement Administration. Assistant U.S. Attorney John E. Haak prosecuted the case.
Wagner Group Indicted for Distribution of MethamphetamineRead the Press Release
United States Attorney Brendan V. Johnson announced that three individuals from Wagner, South Dakota, have been indicted by a federal grand jury for Conspiracy to Distribute Methamphetamine and Maintaining a Drug-Involved Premises.
Jeffrey Louis Irving, 38, and Maria Corina Standing Cloud, 36, were indicted on both counts on December 3, 2013. They appeared before the Honorable John E. Simko on December 18, 2013, and pled not guilty to the Indictment. Brandy Angela Waetermans, 31, was indicted for Conspiracy to Distribute Methamphetamine. She appeared before the Honorable John E. Simko on December 18, 2013, 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, South Dakota Division of Criminal Investigation, Bureau of Indian Affairs and Charles Mix County Sheriff’s Office. Special Assistant U.S. Attorney Jennifer D. Mammenga is prosecuting the case.
Standing Cloud and Waetermans were released on bond and Irving was remanded to the custody of the U.S. Marshals Service pending trial. Trial has been set to commence on Tuesday, February 25, 2014.
Parmelee Woman Sentenced for Failure to AppearRead the Press Release
United States Attorney Brendan V. Johnson announced that a Parmelee, South Dakota, woman convicted of Failure to Appear was sentenced on December 19, 2013, by U.S. District Judge Roberto A. Lange.
Kamelia No Moccasin, a/k/a Kamelia Shoulders, age 29, was sentenced to 147 days in custody with credit for time served, 12 months of supervised release, 33 days of community confinement, and a $100 special assessment to the Federal Crime Victims Fund.
No Moccasin was indicted for Failure to Appear by a federal grand jury on August 21, 2013. She pled guilty on October 24, 2013.
No Moccasin was placed on personal recognizance after an initial appearance and arraignment for a federal Involuntary Manslaughter charge, which required her to attend all court proceedings as a condition of release. On June 11, 2013, No Moccasin did not appear for her trial as previously ordered. She was apprehended and arrested on June 20, 2013.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Marie H. Ruettgers prosecuted the case.
No Moccasin was immediately turned over to the custody of the U.S. Marshals Service.
Oglala Man Sentenced for Assaulting A WomanRead the Press Release
United States Attorney Brendan V. Johnson announced that an Oglala, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on December 17, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Billy Bores a Hole, age 28, was sentenced to 46 months in custody, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Bores a Hole was indicted by a federal grand jury on April 16, 2013, and he pled guilty to the offense on July 19, 2013.
In March 2013, at Oglala, Bores a Hole assaulted a woman by kicking her and stabbing her in the head, neck, back, and stomach, causing life-threatening injuries.
The investigation was conducted by the Bureau of Indian Affairs Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. The case was prosecuted by Assistant U.S. Attorney Sarah B. Collins.
Bores a Hole was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Charged with Assault with A Dangerous Weapon and Assaulting, Resisting, Opposing, and Impeding A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assaulting, Resisting, Opposing, and Impeding a Federal Officer.
Mark Antoine, age 22, was indicted on December 10, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 18, 2013, 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 charges relate to incidents that occurred on October 29, 2013, when Antoine was at a family member’s house on the Rosebud Sioux Indian Reservation and he assaulted a family member. He later assaulted and resisted law enforcement officers who were summoned to the same location.
The charge is merely an accusation and Antoine 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.
Antoine was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for February 11, 2014.
Iowa Woman Sentenced for Distribution of A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that a Cushing, Iowa, woman convicted of Distribution of a Controlled Substance was sentenced on December 19, 2013 by U.S. District Judge Roberto A. Lange.
Dana Hoover, a/k/a Dana Strawn, age 52, was sentenced to 27 months in custody, 3 years of supervised release, a $2,900 fine and a $100 special assessment to the Federal Crime Victims Fund.
Hoover was indicted for the above charge by a federal grand jury on May 15, 2013. She pled guilty on August 29, 2013.
The conviction stems from an incident occurring in April of 2012 when Hoover was introduced to an undercover agent. After conversation and exchanging text messages, Hoover agreed to sell methamphetamine to the agent, whom Hoover knew to be located in the central South Dakota area. The agent wired money to Hoover and arrangements were made for the agent to pick up the methamphetamine from Hoover. On May 10, 2012, at a truck stop near Sioux Falls, South Dakota, Hoover met the agent and delivered the methamphetamine.
The State Health Lab confirmed that the substance Hoover sold on May 10, 2012, was methamphetamine with a weight of 7.39 grams. The total amount of methamphetamine attributed to Hoover for distribution was at least 20 grams but less than 30 grams.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Hoover was immediately turned over to the custody of the U.S. Marshals Service.
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 December 19, 2013, by U.S. District Judge Roberto A. Lange.
Martin Garreau, age 19, was sentenced to 48 months in custody, 2 years supervised release, and a $200 special assessment to the Federal Crime Victims Fund.
Garreau was indicted for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury by a federal grand jury on April 12, 2013. He was found guilty of the charges on October 9, 2013, following a jury trial.
The conviction stems from an incident that occurred on November 11, 2012, at Eagle Butte, in which Garreau and two other co-defendants were socializing and drinking at Garreau’s father’s house. During the party, the victim, who was intoxicated, tried to invite himself in the house. Several people at the party did not want the victim to join their group so a verbal argument ensued. The argument escalated into a physical fight. During the fight, Garreau and another co-defendant smashed several empty glass alcohol bottles over the victim’s head and the victim was knocked unconscious and fell into a fetal position. The assault continued after the victim had been knocked out and was rendered helpless.
As a result of the assault, the victim suffered bilateral subdural hematomas that required emergency surgery in Rapid City to release the pressure on his brain. He also suffered numerous lacerations to his head, multiple bruises and contusions to his face, arms, and body and was hospitalized for 19 days at Rapid City Regional Hospital.
This case was investigated by Cheyenne River Sioux Tribe Law Enforcement. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Garreau was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.
Eagle Butte Man Sentenced for Aggravated Sexual Abuse of A ChildRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man convicted of Aggravated Sexual Abuse of a Child was sentenced on December 17, 2013, by U.S. District Court Judge Roberto A. Lange.
Chad Two Hearts, age 40, was sentenced to 27 years in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Two Hearts was indicted by a federal grand jury on March 13, 2013, for Aggravated Sexual Abuse of a Child. He was convicted of that charge following a two-day jury trial in August 2013.
At trial, the jury heard evidence from the victim. The victim said when he was 9 or 10 years old, Two Hearts had sexually assaulted him at least two times in Two Hearts’ mother’s home in Eagle Butte. The victim also testified that Two Hearts sexually abused him in Minnesota. Federal Bureau of Investigation agents and the sexual assault task force members testified that Two Hearts made a taped confession admitting the sexual assault of the victim in Minnesota. The jury also heard evidence from two sexual assault experts who explained that it is not unusual for children to delay the reporting of sexual abuse or to keep the sexual abuse a secret, sometimes for years.
At his sentencing on December 17, 2013, the district court took notice that Two Hearts had a prior State of South Dakota conviction in Hughes County for Attempted Second Degree Rape in 1995. This assault involved a 17 year old minor.
The federal case was investigated by the Federal Bureau of Investigation, the Cheyenne River Sioux Tribe Law Enforcement Division, and the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Two Hearts was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.
Dupree Woman Sentenced for Child Abuse and NeglectRead the Press Release
United States Attorney Brendan V. Johnson announced that a Dupree, South Dakota, woman convicted of Child Abuse and Neglect was sentenced on December 18, 2013, by U.S. District Judge Roberto A. Lange.
Alisa Knight, age 29, was sentenced to time served (50 days), 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Knight was indicted for the above charge by a federal grand jury on May 15, 2013. She pled guilty on October 28, 2013.
The conviction stems from incidents that occurred on multiple occasions between December 2011 and December 2012 when Knight resided in Dupree with her three minor children. Among the children was the victim who witnessed the defendant on more than one occasion ingest controlled substances, primarily methamphetamine, a Schedule II controlled substance. Such acts were committed in the presence of the young victim and while the victim was under the care, custody, and control of Knight. As a result, the victim gained knowledge of what methamphetamine is, how to ingest it, and where Knight obtained it.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Pine Ridge Man Sentenced for Abusive Sexual Contact with A MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, man convicted of Abusive Sexual Contact with a Minor was sentenced on December 16, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Archie Backward, age 22, was sentenced to 14 months in custody, 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Backward pled guilty to the charge on August 26, 2013. The charge related to Backward engaging in sexual contact with a minor female on November 6, 2012, at Pine Ridge.
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.
Backward was immediately turned over to the custody of the U.S. Marshals Service.
Mission Woman Sentenced for Wire FraudRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, woman convicted of Wire Fraud was sentenced on December 16, 2013, by U.S. District Court Judge Roberto A. Lange.
Clarice Brave, age 51, was sentenced to 5 months in custody, 5 months of home confinement, 3 years of supervised release, a $100 special assessment to the Federal Crime Victims Fund, and $16,852.38 in restitution to Family Dollar and $5,000 in restitution to Country Pride Cooperative.
Brave was indicted by a federal grand jury on July 17, 2013, for Wire Fraud, Larceny, and Making False Statements to a Federal Agency. She pled guilty on September 9, 2013, to one count of wire fraud.
The conviction stems from incidents that occurred between August 1, 2012, and September 24, 2012, when Brave devised a rolling deposit scheme to obtain money from the Family Dollar in Mission, South Dakota. Brave took cash out of store deposit bags for personal use, and delayed taking deposits to the bank until she had enough cash from successive days to make up the difference in the bags from which she took the cash. When Family Dollar management began to suspect Brave was rolling deposits, Brave was required to fax deposit tickets, the deposit log, and the store’s daily cash receipt totals to the Family Dollar’s Loss Prevention Director in Shawnee, Kansas, on a daily basis. On September 21, 2012, Brave fraudulently persuaded a teller to issue five deposit tickets from the bank without depositing any cash into Family Dollar’s bank account. She then faxed the fraudulently obtained deposit tickets from Mission to Shawnee, Kansas, in an attempt to conceal the rolling deposit scheme.
As part of the plea agreement in the case involving Family Dollar, Brave agreed to pay $5,000 in restitution to Country Pride Cooperative. The case in which Brave was indicted on February 13, 2013, for allegedly taking monies from Country Pride Cooperative was dismissed at sentencing.
The investigations were conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. The cases were prosecuted by Assistant U.S. Attorney Marie H. Ruettgers.
Brave must self-report to the U.S. Marshals Service on December 30, 2013, to begin serving her sentence.
McLaughlin Woman Charged with Assaulting, Resisting, or Impeding Federal OfficersRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, woman has been indicted by a federal grand jury for Assaulting, Resisting, or Impeding two federal contract officers.
Twyla Crow Ghost, age 29, was indicted on December 10, 2013. She appeared before U.S. Magistrate Judge Mark A. Moreno on December 16, 2013, 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.
Crow Ghost is accused of assaulting two Cheyenne River Sioux Tribal detention officers. Crow Ghost inflicted bodily injury on one of the officers while the officers were employed by the Cheyenne River Sioux Tribe Police Department under contract with the Bureau of Indian Affairs. The charge is merely an accusation and Crow Ghost is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.
Crow Ghost was released on bond pending trial. A trial date has not been set.
Holabird Woman Charged with Wire FraudRead the Press Release
United States Attorney Brendan V. Johnson announced that a Holabird, South Dakota, woman has been indicted by a federal grand jury for Wire Fraud.
Frances Smith, age 68, was indicted on November 13, 2013. She appeared before U.S. Magistrate Judge Mark A. Moreno on December 16, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that from 2009 to the present, Smith and two others organized and conducted a fraudulent investment scheme involving wire fraud.
The charge is merely an accusation and Smith is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Internal Revenue Service. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Smith was released on bond pending trial. A trial date has not been set.
Custer Man Sentenced for Tax EvasionRead the Press Release
United States Attorney Brendan V. Johnson announced that a Custer, South Dakota, man convicted of Income Tax Evasion was sentenced on December 13, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Dennis Wicks, age 71, was sentenced to 14 months in custody, 2 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund and $110,015 in restitution to the Internal Revenue Service.
Wicks was charged by an Information on August 15, 2013, and he pled guilty on August 22, 2013.
Wicks was the owner of Wicks International Network and knew that he was required to report all of his business gross receipts on his income tax return. In 2009, Wicks failed to file a tax return and instructed some of his patients to make payments to another entity in order to conceal a portion of his income. Wicks also attempted to evade or defeat taxes for the years 2001, 2002, 2005, 2006, 2007, 2008, and 2010.
The investigation was conducted by the Department of the Treasury, Internal Revenue Service. The case was prosecuted by Assistant U.S. Attorney Eric Kelderman.
Wicks was ordered to self-surrender to the U.S. Marshals Service on January 14, 2014.
St. Francis Man Charged with Domestic Assault by A Habitual OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota, man has been indicted by a federal grand jury for Domestic Assault by a Habitual Offender.
Fabian McCloskey, age 38, was indicted on December 10, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 13, 2013, 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.
McCloskey is accused of assaulting his domestic partner on November 29, 2013, when at the time of the assault, McCloskey had a final conviction on a least three separate prior occasions in Rosebud Sioux Tribal Court proceedings for offenses that would have been, if subject to federal jurisdiction, an assault against a domestic partner.
The charge is merely an accusation and McCloskey 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.
McCloskey was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Sioux Falls Man Sentenced for Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on December 12, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Jeremy Jeunesse, a/k/a Jeremy Chasing Horse, a/k/a Jeremy Trudell, age 34, was sentenced to 30 months in custody to run consecutive to his North Dakota sentence, 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Jeunesse pled guilty to the charge on September 5, 2013. The charge related to Jeunesse failing to register as a convicted sex offender in Pennington County on September 1, 2012.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Jeunesse was immediately turned over to the custody of the U.S. Marshals Service.
Rosebud Woman Charged with Acquiring Controlled Substances by Fraud and Theft in Connection with HealthcareRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, woman has been indicted by a federal grand jury for Acquiring Controlled Substances by Fraud and Theft in Connection with Healthcare.
Bonnie Melissa Levy, age 38, was indicted on December 10, 2013. She appeared before U.S. Magistrate Judge Mark A. Moreno on December 11, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 4 years in custody and/or a $250,000 fine, 1 year of supervised release, and $125 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between January 1, 2013, and October 30, 2013, Levy knowingly and intentionally acquired and obtained possession of a controlled substance, Morphine. Further alleged is that she embezzled, stole, and converted without authority to her own use when she was not the rightful owner, Morphine and Benadryl, of a value of less than $100. The items were the property of the Rosebud Indian Health Services Facility, a healthcare benefit program in Rosebud.
The charges are merely accusations and Levy is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Office of the Inspector General. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Levy was released on bond pending trial. A trial date has not been set.
North Dakota Man Charged with Abusive Sexual ContactRead the Press Release
United States Attorney Brendan V. Johnson announced that a Bismarck, North Dakota, man has been indicted by a federal grand jury for Abusive Sexual Contact.
Brandon Wutzke, age 28, was indicted on December 10, 2013. He appeared before U.S. Magistrate Judge William D. Gerdes on December 13, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 2 years in custody and/or a $250,000 fine, a mandatory minimum of 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about December 25, 2012, Wutzke knowingly engaged, or attempted to engage, in sexual contact with a female who had not attained the age of 16 years.
The charge is merely an accusation and Wutzke 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.
Wutzke was released on bond pending trial. A trial date has not been set.
Little Eagle Man Charged with Domestic Assault by A Habitual OffenderRead 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 Domestic Assault by a Habitual Offender.
Theron Makes Him First, age 28, was indicted on December 10, 2013. He appeared before U.S. Magistrate Judge William D. Gerdes on December 13, 2013, 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 $400 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that Makes Him First unlawfully committed domestic assaults, one resulting in substantial bodily injury. At the time of the assaults, Makes Him First had a final conviction on at least two separate prior occasions for assaults that would have been, if subject to federal jurisdiction, an assault against a spouse or intimate partner.
The charge is merely an accusation and Makes Him First is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Makes Him First was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
Illinois Man Sentenced for Criminal TrespassRead the Press Release
United States Attorney Brendan V. Johnson announced that a Chicago, Illinois, man charged with Criminal Trespass pled guilty to and was sentenced on December 13, 2013, by U.S. Magistrate Judge Mark A. Moreno.
Steven Nichols, age 42, was sentenced to 6 months' custody, 1 year probation, $50 to the Federal Crime Victims Fund and was ordered to not reenter the Rosebud Sioux Indian Reservation.
The conviction stems from incidents that took place in August and September, 2013, when Nichols, a non-Indian, entered or remained on the Rosebud Sioux Indian Reservation after the Rosebud Sioux Tribal Court and the Rosebud Sioux Tribal Council excluded him from entering its lands.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Tim Maher.
Nichols was remanded to the custody of the U.S. Marshals Service.
Two Sentenced for Making False StatementsRead the Press Release
United States Attorney Brendan V. Johnson announced that two people convicted of False Statement were sentenced on December 12, 2013, by U.S. District Judge Karen E. Schreier.
Lynn Barbara Van Laar, age 65, of Worthing, South Dakota, was sentenced to time served and fined $250. Randall Jay Jurgens, age 54, of Sioux Falls, South Dakota, was sentenced to one year of probation.
Van Laar and Jurgens were indicted by a federal grand jury on June 4, 2013, for making a false statement. Van Laar pled guilty on September 9, 2013, and Jurgens pled guilty on September 10, 2013.
Both defendants made false statements to a federal agent during his investigation into a federal crime.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorneys Randy J. Seiler and John E. Haak prosecuted the case.
Timber Lake Man Sentenced for Passing A Counterfeit $100 BillRead the Press Release
United States Attorney Brendan V. Johnson announced that a Timber Lake, South Dakota, man convicted of Uttering Counterfeit Obligations of the United States, was sentenced on December 12, 2013, by U.S. District Judge Roberto A. Lange.
Dennis Tyler Gutierrez, a/k/a "Crow Shoe", age 21, was sentenced to one year of probation, a $500 fine, and a $100 special assessment to the Federal Crime Victims Fund.
Gutierrez was indicted by a federal grand jury on August 21, 2013. He pled guilty on October 1, 2013.
The conviction arose out of an incident during the Days of 1910 celebration in Timber Lake in July 2013 when Gutierrez used a counterfeit $100 bill to attempt to buy beer at the Coop Bar. The owner of the Coop Bar recognized the bill as counterfeit and called law enforcement.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services and the Secret Service. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Rapid City Man Sentenced for EscapeRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of Escape from Custody was sentenced on December 9, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Eric Ladeaux, age 27, was sentenced to 2 years in custody, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Ladeaux was indicted by a federal grand jury on September 25, 2012. He pled guilty on February 14, 2013.
In September 2012, Ladeaux left the Community Alternatives of the Black Hills where he was serving the remainder of a federal prison sentence, and he did not return as required.
The investigation was conducted by the U.S. Marshals Service. The case was prosecuted by Assistant U.S. Attorney Sarah B. Collins.
Ladeaux was immediately turned over to the custody of the U.S. Marshals Service.
Lower Brule Man Sentenced for Abusive Sexual Contact with A MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota, man convicted of Abusive Sexual Contact with a Minor was sentenced on December 12, 2013, by U.S. District Judge Roberto A. Lange.
Robert Stricker, age 39, was sentenced to 30 months of custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Stricker was indicted for the above charge by a federal grand jury on November 15, 2012. He pled guilty on September 17, 2013.
The conviction stems from an incident that took place in Lower Brule between August 25th and into the early morning hours of August 26, 2012, when Stricker engaged in sexual contact by touching the victim over the clothes. At the time of the offense, the victim was under the age of 16.
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.
Stricker was immediately turned over to the custody of the U.S. Marshals Service.