District of South Dakota
Press releases recorded for this federal judicial district.
White River Man Pleads Guilty to Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that Theodore Larvie, age 23, of White River, South Dakota, appeared before U.S. District Judge Roberto A. Lange on September 16, 2013, and pled guilty to Count I of the Indictment that charged him with Assault With a Dangerous Weapon.
The maximum penalty upon conviction is 10 years of imprisonment and/or a $250,000 fine, 3 years of supervised release, and an additional 2 years of supervised release upon revocation. Restitution and a $100 special assessment to the Federal Crime Victims Fund may also be ordered.
The conviction stems from an incident on November 8, 2012. Larvie jumped on the victim’s back, biting him on the arm and taking him to the ground. During the altercation, Larvie also stabbed the victim several times with a knife. The victim received treatment at the Jones County Hospital in Murdo for his stab wounds.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Tim Maher is prosecuting the case.
Larvie was remanded to the custody of the U.S. Marshals Service pending sentencing, which has been set for December 2, 2013.
St. Francis Man Sentenced on Assault ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota, man convicted of Assault With a Dangerous Weapon was sentenced on September 16, 2013, by U.S. District Judge Roberto A. Lange.
Orson Black Spotted Horse, age 50, was sentenced to 18 months of imprisonment, 18 months of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Black Spotted Horse was indicted on two counts by a federal grand jury in February of 2013. He pled guilty to Count I of the Indictment, Assault with a Dangerous Weapon, on June 25, 2013.
The conviction stems from an incident on September 3, 2012, when the Defendant got into an argument with the victim. Black Spotted Horse took a metal pipe and hit the victim in the head, and the victim sustained a head injury.
The investigation was conducted by 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.
Pine Ridge Man Indicted on Assault ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, man was indicted by a federal grand jury for kicking a man in the head during an argument and for striking an Oglala Sioux Tribe police officer in the face.
Lee Larney, a/k/a “Southern Wind,” age 32, was indicted on March 19, 2013, for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury, and on April 16, 2013, for Assault on a Federal Officer. He appeared before U.S. Magistrate Judge Veronica L. Duffy on September 12, 2013, and pled not guilty to the Indictments.
The maximum penalty upon conviction is 20 years’ imprisonment and/or a $250,000 fine. The charges are merely accusations and Larney is presumed innocent until and unless proven guilty.
The investigations are being conducted by the Oglala Sioux Tribe Department of Public Safety, the Bureau of Indian Affairs Office of Justice Services, and the Federal Bureau of Investigation. Assistant U.S. Attorney Sarah B. Collins is prosecuting the cases.
Larney was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.Lower Brule Man Pleads Guilty to Abusive Sexual Contact with A MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that Robert Stricker, age 39, of Lower Brule, South Dakota, appeared before U.S. District Judge Roberto A. Lange on September 17, 2013, and pled guilty to Count I of the Indictment that charged him with Abusive Sexual Contact With a Minor.
The maximum penalty upon conviction is 3 years of imprisonment and/or a $250,000 fine, a mandatory minimum term of 5 years up to life of supervised release, an additional 1 year of supervised release upon revocation, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
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.
The investigation was conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Stricker was remanded to the custody of the U.S. Marshals Service pending sentencing, which has been set for December 2, 2013.
Eagle Butte Woman Convicted of Assault by Striking, Beating and WoundingRead the Press Release
United States Attorney Brendan V. Johnson announced that Wicahpi Collins Holy, a/k/a Star Collins, age 20, of Eagle Butte, South Dakota, appeared before U.S. District Magistrate Judge Mark A. Moreno on September 16, 2013, and pled guilty to a Superseding Information that charged her with two counts of Assault by Striking, Beating and Wounding.
A presentence investigation was ordered, and a sentencing date was set for November 12, 2013. Collins was released on bond pending sentencing.
The maximum penalty upon conviction is 6 months in custody, a $5,000 fine, restitution, and a $10 assessment to the Federal Crime Victims Fund for each count.
The charge relates to a November 2012 incident in which Collins, along with her co-defendant, assaulted a man at a house party in Eagle Butte.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Division. The case is being prosecuted by Assistant U.S. Attorney Mikal Hanson.
Wanblee Man Sentenced to 51 Months for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Brendan V. Johnson announced that a Wanblee, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on September 13, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Provincial remained in the custody of the U.S. Marshals Service.
Angel Provincial, age 23, was sentenced to 51 months’ imprisonment, 3 years' supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
From August 2009 through July 2012, Provincial conspired with others to distribute methamphetamine in and around the Pine Ridge Indian reservation. Provincial pled guilty to the charge on May 8, 2013.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, the Federal Bureau of Investigation, the Bureau of Indian Affairs Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Ted L. McBride prosecuted the case.Three Wanblee Men Indicted for Assaulting Two Other MenRead the Press Release
United States Attorney Brendan V. Johnson announced that three Wanblee, South Dakota, men have been indicted by a federal grand jury for allegedly using a blunt object and their shod feet to assault two other men on October 15, 2012, in Wanblee. Both of the assaults resulted in serious bodily injury to the victims.
Robert Quiver Jr., age 21, Levi Quiver, age 27, and Vern Standing Soldier Jr., age 30, were indicted by a federal grand jury on August 27, 2013. Robert Quiver and Levi Quiver were indicted for two counts of Assault with a Dangerous Weapon and two counts of Assault Resulting in Serious Bodily Injury. Standing Solder was indicted for one count of Assault with a Dangerous Weapon and one count of Assault Resulting in Serious Bodily Injury.
Robert Quiver appeared before U.S. Magistrate Judge Veronica L. Duffy, on August 29, 2013, and pled not guilty to the Indictment. Levi Quiver and Standing Soldier appeared before Judge Duffy on September 12, 2013, and each pled not guilty to the Indictment.
The maximum penalty upon conviction is 10 years of imprisonment and a $250,000 fine for each charge. The charges are merely accusations and each defendant is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.
All three men were remanded to the custody of the U.S. Marshals Service. A trial date has been set for November 19, 2013.Parmelee Man Pleads Guilty to Child AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that Joseph Morrisette, age 43, of Parmelee, South Dakota, appeared before U.S. District Judge Roberto A. Lange on September 16, 2013, and pled guilty to Count I of the Indictment that charged him with Child Abuse.
The maximum penalty upon conviction is 10 years of imprisonment and/or a $250,000 fine, 3 years of supervised release, and an additional 2 years of supervised release upon revocation. Restitution and a $100 special assessment to the Federal Crime Victims Fund may also be ordered.
The conviction stems from an incident on July 9, 2013, when Morrisette was babysitting several children at his home while he was drinking. He was intoxicated and struck the victim, giving the child a black eye.
The investigation was conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Tim Maher prosecuted the case.
Morrisette was remanded to the custody of the U.S. Marshals Service pending sentencing which has been set for November 26, 2013.
Martin Man Sentenced for Distribution of MorphineRead the Press Release
United States Attorney Brendan V. Johnson announced that a Martin, South Dakota, man convicted of two counts of Distribution of a Controlled Substance was sentenced on September 12, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Alex Lee Salway, age 54, was sentenced to 12 months and 1 day on each count to run concurrently, 6 years of supervised release on each count to run concurrently, and a $200 special assessment to the Federal Crime Victims Fund.
The charges stem from Salway selling and distributing morphine pills within 1,000 feet of the Martin Grade School, a public elementary school in Martin, at two separate times on January 27, 2012. A federal jury in Rapid City found Salway guilty of both counts on June 20, 2013.
This case was investigated by the South Dakota Division of Criminal Investigation, the Bureau of Indian Affairs Office of Justice Services, the Martin Police Department, and the Northern Plains Safe Trails Drug Enforcement Task Force. Special Assistant U.S. Attorney Laura A. Shattuck prosecuted the case.
Salway remained in the custody of the U.S. Marshals Service.Hermosa Woman Sentenced for Misprision of A FelonyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Hermosa, South Dakota, woman convicted of Misprision of a Felony was sentenced on September 16, 2013, by U.S. District Judge Roberto A. Lange.
Doreen Amiotte, age 48, was sentenced to 24 months of probation, a $500 fine, and a $100 special assessment to the Federal Crime Victims Fund.
Amiotte was indicted by a federal grand jury on January 16, 2013, and pled guilty to Misprision of a Felony on May 31, 2013.
The conviction arose from an incident that took place on November 26, 2012, when Amiotte failed to report in a timely manner that a federal inmate, who was out on funeral furlough, could not be located. The inmate absconded from the funeral between 11 a.m. and 12 p.m. Amiotte did not report the escape until after 4:30 p.m.
The investigation was conducted by the U.S. Marshals Service. The case was prosecuted by Assistant U.S. Attorney Marie Ruettgers.
Parmelee Man Found Guilty of Five Counts of Child Related Sexual Abuse and Sexual Contact ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that Randy Never Misses A Shot, age 49, of Parmelee, South Dakota, was convicted following a three-day jury trial of two counts of Aggravated Sexual Abuse of a Child, two counts of Abusive Sexual Contact of a Child, and one count of Abusive Sexual Contact of a Child While Required to Register as a Sex Offender in Pierre, South Dakota.
These charges carry a maximum penalty of life in prison and a $250,000 fine.
Never Misses A Shot was indicted by a federal grand jury on January 16, 2013. A Superseding Indictment was filed on March 13, 2013. These convictions stem from several separate incidents which occurred between January of 1993 and May of 2007, in which Never Misses A Shot sexually abused three child victims under the age of 12.
During the years of 1993 through 1997, Never Misses A Shot visited child victim A, a young relative, who was staying on the Rosebud Indian Reservation. While visiting her, Never Misses A Shot would sexually abuse her. In addition, Never Misses A Shot engaged in sexual acts with child victim A in a wooded area near the He-Dog housing community. As a result of this conduct, Never Misses A Shot was convicted of Aggravated Sexual Abuse of a child and Abusive Sexual Contact of a Child.
In the summer of the year 2000, Never Misses A Shot was staying with relatives at a housing complex near Parmelee. While there, Never Misses A Shot sexually abused child victim B, another younger relative. As a result of this conduct, Never Misses A Shot was Convicted of Abusive Sexual Contact of a Child.
The final incident occurred over Mother’s Day weekend of 2007. Never Misses a Shot was traveling from Rosebud to Nebraska with a woman and her young daughter, child victim C. They stopped at Pine Ridge for the weekend, and while there, Never Misses A Shot grabbed child victim C behind a trailer, forced her to the ground, and abused her in a sexual manner. As a result of this conduct, Never Misses A Shot was convicted of Abusive Sexual Contact of a Child and Abusive Sexual Contact of a Child While Required to Register as a Sex Offender.
This case was investigated by the Federal Bureau of Investigation, Rapid City Police Department, Sioux Falls Police Department, Rosebud Sioux Tribal Law Enforcement, Brookings Police Department, Jefferson County Sheriff’s Office in Washington State, and the U.S. Marshals Service. The case was prosecuted by Assistant U.S. Attorney Troy R. Morley.
Never Misses A Shot was remanded to the custody of the U.S. Marshals Service pending sentencing.
Pine Ridge Woman Sentenced for Assaulting A Tribal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, woman convicted of Assault on a Federal Officer was sentenced on September 12, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Pamela Belt, age 49, was sentenced to 3 years’ probation and was ordered to pay $100 to the Federal Crime Victims Fund and a $250 fine.
On June 10, 2012, near Oglala, Belt physically resisted an Oglala Sioux Tribal officer as he was attempting to arrest her, and she also hit and kicked his car windows in an attempt to get out of the police vehicle. She pled guilty on May 8, 2013.
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.Pine Ridge Man Charged with AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, man was indicted by a federal grand jury for allegedly slapping, punching, and kicking his girlfriend at Pine Ridge.
Tobacco was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
Michael Tobacco, age 21, was indicted on August 27, 2013, for Assault with a Dangerous Weapon and Assault Resulting in Substantial Bodily Injury to an Intimate Partner or Dating Partner. He appeared before U.S. Magistrate Judge Veronica L. Duffy on September 11, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 10 years’ imprisonment and/or a $250,000 fine. The charges are merely an accusation and Tobacco is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs Office of Justice Services and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.Mitchell Man Sentenced for AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mitchell, South Dakota, man charged with assault was sentenced on September 11, 2013, by U.S. District Judge Karen E. Schreier.
Horned Eagle was immediately turned over to the custody of the U.S. Marshals Service.
Vincent Michael Horned Eagle, age 23, was sentenced to 12 months in custody.
Horned Eagle was indicted on February 5, 2013, by a federal grand jury for Assaulting, Resisting or Impeding a Federal Officer. He pled guilty on June 18, 2013.
The charge stems from an incident in August of 2012 when Horned Eagle assaulted an officer by head-butting her while she attempted to place him under arrest.
This case was investigated by U.S. Department of Interior, Bureau of Indian Affairs Law Enforcement Services. Assistant U.S. Attorney Thomas J. Wright prosecuted the case.Eagle Butte Woman Charged with Involuntary ManslaughterRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, woman has been indicted by a federal grand jury for Involuntary Manslaughter.
Debra Charging Cloud, age 28, was indicted on May 15, 2013. She appeared before U.S. Magistrate Judge Mark A. Moreno on September 12, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 8 years in custody and/or a $250,000 fine, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges arose from an alleged incident in April 2013 when Charging Cloud, while under the influence of alcohol, lost control of the vehicle she was driving on a gravel road near Eagle Butte and rolled it, resulting in the death of her passenger.
The charge is merely an accusation and Charging Cloud 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.
Charging Cloud was remanded to the custody of the U.S. Marshals Service. A trial date has been set for November 5, 2013.
Eagle Butte Man Pleads Guilty to Third Degree BurglaryRead the Press Release
United States Attorney Brendan V. Johnson announced that Brian One Feather, age 31, of Eagle Butte, South Dakota, appeared before U.S. District Judge Roberto A. Lange on September 12, 2013, and pled guilty to the Indictment that charged him with Third Degree Burglary.
The maximum penalty upon conviction is 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and a $100 assessment to the Federal Crime Victims Fund.
The conviction is the result of a June 2012 break-in at the Howard V. Johnson Cultural Heritage Center in Eagle Butte. One Feather and a co-defendant broke into several buildings and took approximately $37,420 worth of personal property belonging to the Cultural Heritage Center.
The investigation was conducted by the Cheyenne River Sioux Law Enforcement Division. The case is being prosecuted by Assistant U.S. Attorney Mikal Hanson.A presentence investigation was ordered, and a sentencing date was set for November 26, 2013.
One Feather was remanded to the custody of the U.S. Marshals Service pending sentencing.
Colorado Woman Charged with Failure to Pay Child SupportRead the Press Release
United States Attorney Brendan V. Johnson announced that a Craig, Colorado, woman has been indicted by a federal grand jury for Failure to Pay Child Support.
Dawn K. Rolla, age 40, was indicted on October 10, 2012, for failing to pay over $17,901.00 in past due child support. She appeared before U.S. Magistrate Judge John E. Simko on September 11, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction is two years' imprisonment and/or a $250,000.00 fine, 1 year of supervised release, 1 additional year upon revocation, a $100.00 assessment fee to the Federal Crime Victim’s Fund, and child support restitution amount owing at the time of sentencing.
The charge is merely an accusation and Rolla is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Department of Health and Human Services, Office of Inspector General. Assistant U.S. Attorney Thomas J. Wright is prosecuting the case.
Rolla was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.Colorado Woman Charged with Failure to Pay Child SupportRead the Press Release
United States Attorney Brendan V. Johnson announced that a Craig, Colorado, woman has been indicted by a federal grand jury for Failure to Pay Child Support.
Dawn K. Rolla, age 40, was indicted on October 10, 2012, for failing to pay over $17,901.00 in past due child support. She appeared before U.S. Magistrate Judge John E. Simko on September 11, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction is two years' imprisonment and/or a $250,000.00 fine, 1 year of supervised release, 1 additional year upon revocation, a $100.00 assessment fee to the Federal Crime Victim’s Fund, and child support restitution amount owing at the time of sentencing.
The charge is merely an accusation and Rolla is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Department of Health and Human Services, Office of Inspector General. Assistant U.S. Attorney Thomas J. Wright is prosecuting the case.Rolla was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
Agency Village Man Charged with Involuntary ManslaughterRead the Press Release
United States Attorney Brendan V. Johnson announced that an Agency Village, South Dakota, man has been indicted by a federal grand jury for Involuntary Manslaughter.
John Henry Sargeant, age 36, was indicted on September 10, 2013. He appeared before U.S. Magistrate Judge William D. Gerdes on September 12, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 8 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge is merely an accusation and Sargeant is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Sisseton-Wahpeton Tribal Police Department, Bureau of Indian Affairs Law Enforcement Services, and the Federal Bureau of Investigation. Assistant U.S. Attorney Thomas J. Wright is prosecuting the case.
Sargeant was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.Pierre Man Sentenced for Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pierre, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on September 11, 2013, by U.S. District Judge Roberto A. Lange.
Adrian Wells, age 37, was sentenced to 18 months of custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Wells was indicted by a federal grand jury on December 11, 2012, and pled guilty to a charge of Failure to Register as a Sex Offender on June 25, 2013.
On December 6, 1995, Wells was convicted of Aggravated Sexual Abuse. The Court sentenced Wells to 63 months in custody and 5 years of supervised release. Wells was also ordered to register as a sex offender under the Sex Offender Registration and Notification Act.
On May 19, 2009, Wells signed a lease for an apartment, but failed to register the apartment as his residence. Instead, Wells continued to use his previous address, even though he did not reside there. Wells registered the previous address with law enforcement on five occasions, knowing he was not residing at that address.
The investigation was conducted by the U.S. Marshals Service. The case was prosecuted by Assistant U.S. Attorney Marie Ruettgers.
Wells was remanded to the custody of the U.S. Marshals Service to begin serving his sentence.North Dakota Woman Sentenced for Possession with Intent to Distribute A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that a Fort Yates, North Dakota, woman convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on September 11, 2013, by U.S. District Judge Roberto A. Lange.
April Pretends Eagle, age 32, was sentenced to 86 days in custody, a $1,000 fine, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Pretends Eagle was indicted for Distribution of a Controlled Substance to a Person Under the Age of 21 and Possession with Intent to Distribute a Controlled Substance by a federal grand jury on October 16, 2012. She pled guilty to Possession with Intent to Distribute a Controlled Substance on June 25, 2013.
The conviction stems from an investigation of burglaries in Eagle Butte, South Dakota. While investigating the burglaries, a criminal investigator for the Cheyenne River Sioux Tribe learned that several juveniles committed a series of the burglaries and that some of the stolen items could be located at co-defendant Philip LaBatte’s residence. The investigator obtained a tribal search warrant for LaBatte’s residence, where Pretends Eagle was staying. When law enforcement executed the search warrant, they found, among other things, at least 250 grams, but less than 1 kilogram, of marijuana along with a scale, rolling papers, and a grinder.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Division and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.North Dakota Man Pleads Guilty to False StatementRead the Press Release
United States Attorney Brendan V. Johnson announced that Joshua James Martin, age 27, of Bismarck, North Dakota, appeared before U.S. District Judge Charles B. Kornmann on September 9, 2013, and pled guilty to an Amended Superseding Information that charged him with False Statement.
The maximum penalty upon conviction is 5 years of imprisonment and/or $250,000 fine, up to 3 years of supervised release, an additional 2 years of supervised release upon revocation, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge stems from an incident wherein Martin, on December 24, 2011, traveled to McLaughlin, South Dakota, to visit his family over the Christmas holiday. Martin spent the majority of the evening socializing with some of his cousins at his aunt’s house. At some point in the evening, Martin and a female person at the gathering engaged in a sexual encounter. Martin went back to Bismarck shortly after the encounter and went to the hospital and reported he had been raped, when he knew it was not true.
Because the encounter happened on the Standing Rock Reservation, a Federal Bureau of Investigation agent was sent to interview Martin. He initially persisted in his claim of rape knowing it was not true, and an investigation was opened by South Dakota authorities. The false statements made by Martin had a material effect on the investigation conducted by the Federal Bureau of Investigation in the District of South Dakota.
The investigation was conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Martin was released on bond pending sentencing, which has been set for December 2, 2013.Mobridge Man Sentenced for Escape from CustodyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mobridge, South Dakota, man convicted of Escape from Custody was sentenced on September 9, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Gaylen Paul Sampson, a/k/a Thurman Paul Sampson, age 38, was sentenced to 4 months of imprisonment and ordered to pay $100 to the Federal Crime Victims Fund.
On April 10, 2013, Sampson escaped from custody of the Bureau of Prisons while at the Community Alternatives of the Black Hills facility. He pled guilty to the charge on June 7, 2013.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Wayne Venhuizen prosecuted the case.
Sampson was immediately turned over to the custody of the U.S. Marshals Service.Little Eagle Man Sentenced for Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that a Little Eagle, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on September 9, 2013, by U.S. District Judge Charles B. Kornmann.
Ira Weasel, age 32, was sentenced to 12 months and 1 day of imprisonment, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Weasel was indicted for the above charge by a federal grand jury on March 13, 2013. He pled guilty on May 20, 2013.
The charge stems from an incident occurring on December 24, 2012, in which Weasel was socializing at his sister’s house along with the victim. At some point during the evening, Weasel and the victim got into a verbal altercation. Weasel pushed and pinned the victim against the wall, placed his hands around the victim’s neck and lifted her off her feet. Others attempted to free the victim from Weasel’s grasp, but he fought them off and continued to strangle the victim who eventually lost consciousness. At that point, Weasel released her, causing her to fall face first on the floor. The victim then began to convulse and remained unconscious for several minutes. Once she regained consciousness, she left and notified the authorities.
The investigation was conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Weasel was immediately turned over to the custody of the U.S. Marshals Service.Fort Thompson Man Pleads Guilty to Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that Kyle Marks, age 29, of Fort Thompson, South Dakota, appeared before U.S. District Judge Roberto A. Lange on September 9, 2013, and pled guilty to the Indictment that charged him with Failure to Register as a Sex Offender.
The maximum penalty upon conviction is 10 years of imprisonment and/or a $250,000 fine, a mandatory minimum period of 5 years of supervised release, an additional 2 years of supervised release upon revocation, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge stems from an incident wherein Marks failed to register as a sex offender from May 2013 to June 11, 2013. He had initially been convicted in federal court in 2004 of abusive sexual contact with a child and was sentenced to prison as well as being required to register as a sex offender. After release from prison on his underlying charge, he had violations of his court ordered supervision, and remained under the court’s supervision until this year. While placed at a treatment facility in Rapid City to try and help him successfully re-integrate into society, Marks absconded in May 2013 and failed to properly maintain his updated sex offender registry requirements. Marks fled from authorities until he was apprehended on July 16, 2013.
The investigation was conducted by the U.S. Marshals Service. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Marks was remanded to the custody of the U.S. Marshals Service pending sentencing, which has been set for September 25, 2013.Eagle Butte Man Charged with Second Degree MurderRead 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.
Jared Slader, age 30, was indicted on September 10, 2013, for Second Degree Murder. Slader appeared before U.S. Magistrate Judge Mark A. Moreno on September 11, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction is any term of years up to life of imprisonment and/or a $250,000 fine, 5 years of supervised release, an additional 5 years of supervised release upon revocation, and a mandatory $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge is merely an accusation, and Slader is presumed innocent until and unless proven guilty.
The Indictment alleges that on August 31, 2013, Slader did unlawfully, and with malice aforethought, kill Lester Peneaux by stabbing him with a knife.
The investigation is being conducted by the Federal Bureau of Investigation and Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.
Slader was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.Rapid City Man Sentenced for Distributing Child PornographyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of Distribution of Child Pornography was sentenced on September 9, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court.
The case was investigated by the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Gary Scott Whiting, age 49, was sentenced to 84 months of imprisonment, 10 years of supervised release, and ordered to pay $100 to the Federal Crime Victims Fund.
Between May and July 2012, in Rapid City, Whiting knowingly distributed pornographic material through a shared computer program. All eight videos possessed and distributed by Whiting contained images of young boys, clearly under the age of 18, engaged in various sexual acts. He pled guilty on May 3, 2013.Mission Woman Pleads Guilty to Wire FraudRead the Press Release
United States Attorney Brendan V. Johnson announced that Clarice Brave, age 51, of Mission, South Dakota, appeared before U.S. District Judge Roberto A. Lange on September 9, 2013, and pled guilty to the Indictment that charged her with Wire Fraud.
The maximum penalty upon conviction is 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and a $100 assessment to the Federal Crime Victims Fund.
The charge stems from the timeframe between August 1, 2012, and September 24, 2012, when Brave devised a rolling deposit scheme to obtain money from the Family Dollar store in Mission. 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 replace the money she previously took. 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 was able to get 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.
The investigation was conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant U.S. Attorney Marie H. Ruettgers.
A presentence investigation was ordered, and a sentencing date was set for November 25, 2013.
Brave was released on conditions pending sentencing.Minnesota Man Sentenced for Failure to Pay Child SupportRead the Press Release
United States Attorney Brendan V. Johnson announced that a Cambridge, Minnesota, man charged with Failure to Pay Child Support was sentenced on September 9, 2013, by U.S. District Court Judge Charles B. Kornmann.
Kenneth B. Kleppen, age 42, was sentenced to 5 years of unsupervised probation, a $100.00 special assessment to the Federal Crime Victims Fund, and child support restitution in the amount of $54,778.41.
Kleppen was indicted for failing to pay over $47,720.00 in past due child support by a federal grand jury on January 8, 2013. In 1999, the defendant had a relationship with a woman which resulted in the birth of a child on January 23, 2000. The relationship with the mother ended in 2000, and on June 30, 2000, an order was filed with the Third Judicial Circuit Court, Codington County, South Dakota, ordering the defendant to pay a total of $2,447.90 in arrearages and attorney fees. Furthermore, he was ordered to pay on-going child support in monthly payments of $353. On November 22, 2004, the child support order was modified, and the defendant was ordered to pay a monthly amount of $550.
From January 2010 until October 2010, the mother entered into an agreement with the child’s maternal grandmother giving the grandmother temporary guardianship. As a result, the mother and the defendant were required to pay the grandmother for support of the child. Although the mother paid her portion, the defendant never made a payment. Subsequently, the defendant owes $5,500 in arrears to the maternal grandmother. Kleppen pled guilty to the charge on September 9, 2013.
This case was investigated the Department of Health and Human Services, Office of Inspector General Assistant U.S. Attorney Thomas J. Wright prosecuted the case. The defendant was released from custody.McLaughlin Woman Charged with LarcenyRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, woman has been indicted by a federal grand jury.
Rhea Archambault, age 53, was indicted on August 21, 2013, for Larceny. Archambault appeared before U.S. Magistrate Judge Mark A. Moreno on September 10, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 5 years of imprisonment and/or a $250,000 fine, 3 years of supervised release, an additional 2 years of supervised release upon revocation, and a mandatory $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge stems from the alleged writing of several checks from a stolen checkbook in March of 2013. The charge is merely an accusation, and Archambault is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Troy Morley is prosecuting the case.
Archambault was released on bond pending trial. A trial date has not been set.McLaughlin Man Sentenced for Assault with Intent to Commit MurderRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man convicted of Assault with Intent to Commit Murder was sentenced on September 9, 2013, by U.S. District Judge Charles B. Kornmann.
Farrell was immediately turned over to the custody of the U.S. Marshals Service.
Ross Dean Farrell, age 21, was sentenced to 121 months of imprisonment, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Farrell was indicted for the above charge by a federal grand jury on October 16, 2012, and pled guilty on May 28, 2013.
The charge stems from an incident occurring on October 8, 2012, in which Farrell was socializing with the victim and others at his home. At some point in the evening, the victim went to sleep on a mattress on the floor. Farrell, outraged by a perceived slight he had received from either the victim or another person, found the victim and pulled him off the mattress onto the cement floor and proceeded to repeatedly stomp the victim on the head and face with his feet.
At the time of the attack, Farrell intended to kill the victim, as shown by the severity of the attack. The victim suffered major injuries, including severe head trauma which required emergency surgeries and had to be placed in a medically induced coma.
The investigation was conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.Little Eagle Man Sentenced for Child AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Little Eagle, South Dakota, man convicted of Child Abuse was sentenced on September 9, 2013, by U.S. District Judge Charles B. Kornmann.
Tyson J. Keepseagle, age 26, was sentenced to 10 months of imprisonment, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Keepseagle was indicted by a federal grand jury in November of 2012. He pled guilty to Count I of the Indictment on May 20, 2013.
The conviction stems from an incident on or around March 2, 2012, when Keepseagle was living with the victim’ s mother in Little Eagle. The victim’s mother was cooking dinner while Keepseagle was downstairs with the children. When the victim’s mother went downstairs, she saw Keepseagle holding down the victim with one hand covering her mouth and his other hand containing a fist full of the child’s hair. The victim’s mother immediately leapt on Keepseagle to get him off the victim. Keepseagle then pinned the victim’s mother on the ground and began punching her.
The investigation was conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy Morley prosecuted the case.
Keepseagle was immediately turned over to the custody of the U.S. Marshals Service.California Man Sentenced on Use of Interstate Facilities to Transmit Information About A MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that a Banning, California, man convicted of Use of Interstate Facilities to Transmit Information about a Minor was sentenced on September 10, 2013, by U.S. District Judge Roberto A. Lange.
Thomas Tatar, age 27, was sentenced to 60 months of imprisonment, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Tatar was indicted by a federal grand jury in November of 2012. He pled guilty to a Superseding Information on June 13, 2013.
Tatar’s conviction relates to incidents that occurred on March 27, 2012, and May 15, 2012, when Tatar, who was living in California, used the internet to meet a minor who was living in South Dakota. During the course of their internet “friendship,” Tatar attempted to solicit sexual activity from the minor girl, and also used the internet to attempt to receive sexually explicit images from her. As this investigation was commencing, Tatar was also investigated by California authorities and convicted in California state court of a separate offense of Bringing into the State of California Matters Depicting Child Sex. On March 13, 2013, Tatar received a 2 year prison sentence for the California offense.
The investigation was conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Tim Maher prosecuted the case.
Tatar was immediately turned over to the custody of the U.S. Marshals Service.St. Francis Man Sentenced for Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on September 9, 2013, by U.S. District Judge Roberto A. Lange.
Koty Arcoren, age 21, was sentenced to 12 months and 1 day of imprisonment, 5 years of supervised release, $305.66 restitution, and a $100 special assessment to the Federal Crime Victims Fund.
Arcoren was indicted by a federal grand jury in May of 2013, and pled guilty to the Indictment on June 13, 2013.
On February 28, 2011, Arcoren was convicted of Abusive Sexual Contact. The Court sentenced Arcoren to 31 months in custody, seven years of supervised release, and also ordered that he register as a sex offender. Arcoren began his term of supervised release and absconded from supervised release on April 12, 2013. During the time he absconded from supervised release until he was apprehended in Todd County on April 29, 2013, he failed to complete his sex offender registration requirement.
The investigation was conducted by the U.S. Marshals Service. The case was prosecuted by Assistant U.S. Attorney Tim Maher.
Arcoren was immediately turned over to the custody of the U.S. Marshals Service.Sioux Falls Man Pleads Guilty to Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that Jeremy Jeunesse, a/k/a Jeremy Chasing Horse, a/k/a Jeremy Trudell, age 34, of Sioux Falls, South Dakota, appeared before Chief Judge Jeffrey L. Viken, U.S. District Court on September 5, 2013, and pled guilty to Failure to Register as a Sex Offender.
The maximum penalty upon conviction is 10 years of imprisonment and a $250,000 fine.
The charge relates to Jeunesse failing to register as a convicted sex offender in Pennington County on September 1, 2012. The investigation was conducted by the U.S. Marshals Service.
A presentence investigation was ordered and a sentencing date will be set. The defendant was remanded to the custody of the U.S. Marshals Service pending sentencing.Rosebud Man Sentenced for Abusive Sexual ContactRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man convicted of Abusive Sexual Contact was sentenced on September 9, 2013, by U.S. District Judge Roberto A. Lange.
Sonny Gray Grass, age 52, was sentenced to 84 months in custody, 8 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Gray Grass was indicted by a federal grand jury on August 22, 2012, and pled guilty to Abusive Sexual Contact on May 29, 2013.
The conviction stems from an incident that took place in Todd County between April 24 and April 28, 2008, when Gray Grass engaged in sexual contact with the victim. At the time of the offense, the victim was under the age of 12.
The investigation was conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Marie H. Ruettgers.
Gray Grass was remanded to the custody of the U.S. Marshals Service to begin serving his sentence.Pine Ridge Woman Pleads Guilty to Drug Conspiracy ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that Tricia Lee Pond, age 42, of Pine Ridge, South Dakota, appeared before U.S. Magistrate Judge Veronica L. Duffy, on September 6, 2013, and pled guilty to Conspiracy to Distribute a Controlled Substance.
A presentence investigation was ordered and a sentencing date has not been set. The defendant was remanded to the custody of the U.S. Marshals Service pending sentencing.
The penalty upon conviction is at least five, and not more than 40 years, in prison and/or a $5,000,000 fine.
Between 2009 and April 2013, Pond conspired with others to distribute more than 500 grams of cocaine on and around the Pine Ridge Indian Reservation.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. The case is being prosecuted by Assistant U.S. Attorney Ted L. McBride.White River Man Charged with Seven Counts of Aggravated Sexual Abuse of A Child, Abusive Sexual Contact, and Sexual Abuse of A ChildRead the Press Release
United States Attorney Brendan V. Johnson announced that a White River, South Dakota, man has been indicted by a federal grand jury for seven counts of Aggravated Sexual Abuse of a Child, Abusive Sexual Contact, and Sexual Abuse of a Minor.
Shannon White Buffalo, age 46, was indicted on August 21, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on September 6, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction is at least 30 years and up to life in custody and/or a $250,000 fine, at least 5 years and up to life of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges stem from alleged incidents that occurred between August 2010 and December 2013 when White Buffalo sexually abused three different child and minor victims in Mellette County. The charges are merely accusations and White Buffalo is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Tim Maher is prosecuting the case.
White Buffalo was remanded to the custody of the U.S. Marshals Service pending trial. A trial has been set for October 22, 2013.St. Francis 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 St. Francis, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Westlee Ford, age 20, was indicted on August 21, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on September 6, 2013, 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 a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges stem from an incident that occurred in June 2013 when Ford allegedly stabbed the victim in the chest, back, shoulder, and arm with a knife. The charges are merely accusations and Ford 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.
Ford was released to a third party custodian pending trial. No trial date has been set.Rosebud Woman Sentenced for Assault by Striking, Beating and Wounding and Simple AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, woman convicted of Assault by Striking, Beating and Wounding and Simple Assault was sentenced on September 6, 2013, by U.S. Magistrate Judge Mark A. Moreno.
Myra Ree, a/k/a Myra Iron Shell, age 24, was sentenced to 18 months of probation and a $20 special assessment to the Federal Crime Victims Fund.
Ree was indicted by a federal grand jury on May 15, 2013, and pled guilty on September 6, 2013.
The conviction arose from a physical fight that took place on January 28, 2013, between Ree and the victim. Ree struck the victim and then bit him on the face and the arm, wounding him. When examined by law enforcement, the victim had large bite marks, one of which drew blood. The victim and Ree are domestic partners.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Tim Maher.Rosebud Man Charged with Assaulting and Resisting A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury on two counts of Assaulting, Resisting, Opposing, and Impeding a Federal Officer.
Lawrence Gary, age 36, was indicted on June 12, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on September 6, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 8 years in custody and/or a $250,000 fine, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to an alleged incident that occurred in July 2012 when Gary resisted arrest by Rosebud Sioux Tribal Officers by refusing to exit his vehicle and then charging and head butting an officer in the chest. The charges are merely accusations and Gary 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 Ruettgers is prosecuting the case.
Gary was remanded to the custody of the U.S. Marshals Service pending trial. Trial has been set for November 5, 2013.Eagle Butte Woman Charged with Distribution of A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, woman has been indicted by a federal grand jury.
Nicole Condon, a/k/a Nicole Garreau, age 35, was indicted on August 21, 2013, for Distribution of a Controlled Substance. Condon appeared before U.S. Magistrate Judge Mark A. Moreno on September 6, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 20 years of imprisonment and/or a $1,000,000 fine, a mandatory period of at least 3 years of supervised release, an additional 2 years of supervised release upon revocation, and a mandatory $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge is merely an accusation, and Condon is presumed innocent until and unless proven guilty.
The Indictment alleges that on October 23, 2012, Condon knowingly and intentionally possessed with intent to distribute a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force and the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.
Condon was remanded to the custody of the U.S. Marshals Service. A trial date has been set for November 5, 2013.Rapid City Man Sentenced for Making False StatementsRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of False Statement was sentenced on September 3, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Ray Douglas Red Leaf, age 40, was sentenced to 2 years’ probation, and was ordered to pay $19,470 in restitution to the Social Security Administration and $100 to the Federal Crime Victims’ Fund.
Between March 2009 and October 2011, Red Leaf knowingly made false statements in a Social Security Representative Payee Report, claiming another person resided with him in order to receive that person’s Supplemental Security Income benefits. He pled guilty on April 18, 2013.
This case was investigated by the Office of Inspector General-Social Security Administration. Assistant U.S. Attorney Eric Kelderman prosecuted the case.Lower Brule Man Charged with Assaulting, Resisting and Impeding A Federal OfficerRead 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.
Cody Crazy Bull, age 22, was indicted on August 21, 2013, for Assaulting, Resisting and Impeding a Federal Officer. Crazy Bull appeared before U.S. Magistrate Judge Mark A. Moreno on September 4, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 20 years of imprisonment and/or a $250,000 fine, 3 years of supervised release, an additional 2 years of supervised release upon revocation, and a mandatory $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge is merely an accusation, and Crazy Bull is presumed innocent until and unless proven guilty.
The Indictment alleges that on July 20, 2013, Crazy Bull interfered with a federal law enforcement officer by using a deadly and dangerous weapon while the officer was engaged in the performance of his official duties.
The investigation is being conducted by the Bureau of Indian Affairs. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Crazy Bull was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.Lower Brule Man Charged with Assault with A Dangerous WeaponRead 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.
Colin Colombe, age 39, was indicted on August 21, 2013, for Assault with a Dangerous Weapon. Colombe appeared before U.S. Magistrate Judge Mark A. Moreno on September 4, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 10 years of imprisonment and/or a $250,000 fine, 3 years of supervised release, an additional 2 years of supervised release upon revocation, and a mandatory $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge is merely an accusation, and Colombe is presumed innocent until and unless proven guilty.
The Indictment alleges that on June 25, 2013, Colombe assaulted two individuals by hitting and kicking them with shod feet with intent to do bodily harm.
The investigation is being conducted by the Bureau of Indian Affairs. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Colombe was released on bond pending trial which has not been set.Lower Brule Woman Pleads Guilty to Assault by Striking, Beating and WoundingRead the Press Release
United States Attorney Brendan V. Johnson announced that Monica Quilt, age 41, of Lower Brule, South Dakota, appeared before U.S. Magistrate Judge Mark A. Moreno on September 4, 2013, and pled guilty to the Information that charged her with Assault by Striking, Beating and Wounding.
The maximum penalty upon conviction is 1 year of imprisonment and/or a $100,000 fine, 1 year of supervised release, an additional year of supervised release upon revocation, and a $25 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge stems from an incident between May 8, 2013, and May 9, 2013, wherein Quilt and the victim, who were involved in an intimate, dating relationship, had both been out drinking, but separately. During the morning hours of May 9th, Quilt went to her home and the victim arrived later. A physical assault occurred between Quilt and the victim, which resulted in the victim suffering injuries to his neck and face that required medical treatment.
The investigation was conducted by the Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Quilt was released on bond pending sentencing which has been set for November 8, 2013.Adams Thermal Systems to Pay $1.33 Million to Resolve OSHA Citations, Criminal Penalties in 2011 Death of Worker at South Dakota PlantRead the Press Release
CANTON, S.D. – Adams Thermal Systems Inc. has entered into a deferred prosecution agreement with the U.S. Attorney’s Office and the U.S. Department of Labor’s Occupational Safety and Health Administration to pay more than $1.33 million to resolve criminal penalties and OSHA fines levied as a result of the death of a worker on Nov. 7, 2011, in the company’s Canton plant. The U.S. Attorney’s Office filed the Deferred Prosecution Agreement on Sept. 5, 2013, and has asked that it be approved by the U.S. District Court for the District of South Dakota.
Under the terms of the agreement, the company will pay the worker’s surviving spouse $450,000, a criminal fine of $450,000 and the full OSHA fine of $435,000stemming from the regulatory violations that caused the fatality and additional violations discovered in subsequent inspections.
OSHA’s investigation found the worker was fatally crushed in a machine used to make radiator cores, after management instructed and authorized workers to bypass the manufacturer’s barrier guard in order to adjust the machine to keep it running. OSHA also conducted two concurrent safety and health investigations at the company in February 2012, which resulted in 66 violations.
“Adams Thermal failed to provide a safe workplace, and those conditions ultimately took the life of a worker. There is no excuse for an employer to compromise safety to keep production running,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “The Department of Labor has worked diligently with the Office of the United States Attorney for South Dakota to resolve this case and provide justice to the family of this worker. No one should ever lose their life for a job.”
Because the willful violations cited by OSHA caused the worker’s death, the case was referred to the U.S. Attorney for the District of South Dakota in November 2012 for criminal prosecution. Criminal Chief Dennis Holmes handled the case for the U.S. Attorney’s Office.
“The purpose of this settlement, which was reached after discussions with the victim’s family, is to provide justice to the family and deter similar corporate conduct in the future,” said U.S. Attorney Brendan Johnson. “The right of South Dakotans to a safe work environment isn’t optional, it is fundamental. I commend OSHA for their investigative efforts, and I am pleased with the settlement that has been reached.”
The agreement resolves both of the OSHA civil cases, and includes significant enhanced abatement of violations by the company. Adams Thermal Systems agreed to: increase the size of its safety and health department; implement a companywide safety and health program; provide incentives for managers and workers to report safety issues and make safety recommendations; and to hire a qualified third-party to review guarding and lockout/tagout for all plant machinery and to audit the abatement of all identified hazards. The company will also report quarterly to OSHA for three years on safety progress and reportable illnesses and injuries, and redesign the safety systems and procedures on the radiator core machine involved in the fatality.
The agreement will resolve three willful citations issued for $210,000 on April 26, 2012, as a result of the fatality investigation. The settlement also resolves the additional citations issued on August 2012, following two concurrent comprehensive safety and health inspections, with proposed penalties of $225,000. The comprehensive safety and health cases involved 58 serious violations and eight other-than-serious violations addressing unlabeled piping systems; obstructions in aisles and passageways; unguarded machinery; crane and hoist hazards; improper exits; electrical hazards and exposures to chemicals, dust, and noise.
OSHA placed Adams Thermal Systems, which manufactures engine cooling systems for off-highway and on-highway vehicles, in its Severe Violator Enforcement Program in August 2012 as a result of these inspections. The program mandates targeted follow-up inspections to ensure compliance with the law. The program focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations.
To ask questions, obtain compliance assistance, file a complaint or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA’s toll-free hotline at 800-321-OSHA (6742).
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.
Timber Lake Man Pleads Guilty to Misprision of A FelonyRead the Press Release
United States Attorney Brendan V. Johnson announced that Nicholas Guttierrez, a/k/a Nicholas Gutierrez, age 19, of Timber Lake, South Dakota, appeared before U.S. District Judge Roberto A. Lange on August 29, 2013, and pled guilty to a Superseding Information that charged him with Misprision of a Felony.
The maximum penalty upon conviction is 3 years in custody and/or a $250,000 fine, 1 year of supervised release, and a $100 assessment to the Federal Crime Victims Fund.
The conviction is the result of a January 6, 2013, late night break-in at the Chatter Box Corner Café and Bar, a downtown business in Timber Lake. Guttierrez had knowledge of the burglary, provided transportation to his co-defendant from the scene of the burglary, and concealed the same from tribal and federal law enforcement officers. He did not, as soon as possible, make known the same to a judge or other person in civil authority.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Division. The case is being prosecuted by Assistant U.S. Attorney Mikal Hanson.
A presentence investigation was ordered, and a sentencing date was set for November 19, 2013. The defendant was released pending sentencing.Three People Found Guilty of Drug Conspiracy ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that on August 30, 2013, three people were found guilty of drug conspiracy charges following a federal jury trial in U.S. District Court in Rapid City, South Dakota.
Theresa Vocu, age 45, of Kyle, South Dakota, was found guilty of Conspiracy to Distribute Methamphetamine, and Zeno Little, age 57, of Porcupine, South Dakota, and Wesley Yellow Horse Sr., age 57, of Oglala, South Dakota, were each found guilty of Conspiracy to Distribute Marijuana.
Vocu faces up to 20 years’ imprisonment and/or a $1,000,000 fine. Little and Yellow Horse face not more than 5 years’ imprisonment and/or a $250,000 fine.
A drug conspiracy investigation began on or about October of 2008 and it resulted in federal charges against of 18 individuals: Abraham Romero; Richard Marshall; Lorenzo Camacho Tarango, a/k/a Lencho a/k/a Lecho; Reyes Chavez-Rojo; Billi American Horse; Jimmy Bravo; Elwanda Fire Thunder; Kimberly Janis; Zeno Little; Norton Little Spotted Horse; Moses Montileaux Jr.; Moses Montileaux Sr.; Whisper Montileaux; Stephanie Standing Soldier; Edward Vocu; Theresa Vocu; Cassie Winters; and Wesley Yellow Horse Sr.
During the course of the conspiracy, Romero would receive marijuana, cocaine, and methamphetamine from Chavez-Rojo and Lencho and other persons, and then the remaining above-named individuals and other persons conspired to distribute and/or distributed marijuana, cocaine, and/or methamphetamine on the Pine Ridge Indian Reservation. Prior to the guilty verdicts on August 30, 2013, the other fifteen defendants pled guilty to conspiracy to distribute a controlled substance(s).
The investigation was conducted by the Federal Bureau of Investigation, Northern Plains Safe Trails Drug Enforcement Task Force, South Dakota Division of Criminal Investigation, 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 Ted L. McBride and Special Assistant U.S. Attorney Laura A. Shattuck.
Sentencing dates for Vocu, Little, and Yellow Horse have not been set.St. Francis Man Charged with Eight Counts of Sexual Abuse and Sexual ContactRead 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 on a Superseding Indictment for one count of Aggravated Sexual Abuse of a Child, six counts of Aggravated Sexual Contact with a Child, and one count of Abusive Sexual Contact.
Vernon Blackhorse, age 63, appeared before U.S. Magistrate Judge Mark A. Moreno on August 28, 2013, and pled not guilty to the superseding indictment.
The maximum penalty upon conviction is up to life in prison, a $250,000 fine, or both; up to life of supervised release; and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to allegations that between May 2001 and November 2007 Blackhorse assaulted four different female victims in St. Francis and Eagle Butte.
The charges are merely an accusation and Blackhorse is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Marie H. Ruettgers is prosecuting the case.
Blackhorse was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for October 22, 2013.