District of South Dakota
Press releases recorded for this federal judicial district.
Wounded Knee Woman Pleads to Escape from CustodyRead the Press Release
United States Attorney Brendan V. Johnson announced that Anna Mae Rowland, age 25, of Wounded Knee, South Dakota, appeared before U.S. Magistrate Judge Veronica L. Duffy on August 14, 2013, and pled guilty to Escape from Custody.
The maximum penalty upon conviction is 5 years of imprisonment and a $250,000 fine.
On August 23, 2012, Rowland failed to report to Community Alternatives of the Black Hills where she was to commence serving her sentence for a federal felony.
The investigation was conducted by the U.S. Marshals Service. The case is being prosecuted by Assistant U.S. Attorney Wayne Venhuizen.
A presentence investigation was ordered and a sentencing date will be scheduled. The defendant was remanded to the custody of the U.S. Marshals Service pending sentencing.Rosebud Man Sentenced for Conspiracy to Distribute Between 50 and 100 Kilograms of MarijuanaRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man convicted of conspiracy to distribute between 50 and 100 kilograms of marijuana was sentenced on August 19, 2013, by U.S. District Judge Roberto A. Lange.
Eagle Deer will report to the U.S. Marshals Service on August 22, 2013, to begin serving his sentence.
Alfred Eagle Deer, Jr., a/k/a Alfred Eagle Deer, age 31, was sentenced to 28 months of custody, 3 years of supervised release, a $1,000 fine, and a $100 special assessment to the Federal Crime Victims Fund.
Eagle Deer was indicted by a federal grand jury on August 29, 2012, and pled guilty to a Superseding Information on May 29, 2013, that charged him with Conspiracy to Distribute a Controlled Substance, 50-100 kilograms of marijuana.
Between October 2008 and August 2012, Abraham Romero-Perez obtained between 60 and 80 kilograms (132.28 to 176.37 pounds) of marijuana that had been transported into South Dakota. Romero-Perez then sold or fronted (a term for loaning controlled substance to an individual with the intent that the supplier will be paid for the substance after it has been sold) pound quantities of marijuana to other persons, including Gloria Barrera, Andrea Barrera, Joe Buck Colombe, and Jo Ann White Buffalo, knowing that they intended to further distribute the marijuana in South Dakota. Phillip Stands and Eagle Deer assisted the Barreras in redistributing the marijuana. Eagle Deer was fronted quantities of marijuana ranging from one ounce and upwards.
Previously, as part of this same narcotics trafficking conspiracy, Gloria Barrera, Andrea Barrera, Romero-Perez, and Stands were all sentenced. Colombe will be sentenced on October 7, 2013, and White Buffalo will be sentenced on October 21, 2013.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. The case was prosecuted by Assistant U.S. Attorney Jay Miller.Oglala Man Pleads Guilty to Destruction of Government PropertyRead the Press Release
United States Attorney Brendan V. Johnson announced that Eldon Ray Tobacco, age 26, of Oglala, South Dakota, appeared before U.S. Magistrate Veronica L. Duffy on August 16, 2013, and pled guilty to Destruction of Government Property.
The maximum penalty upon conviction is 1 year imprisonment and a $100,000 fine.
The charge relates to Tobacco throwing a rock at the windshield of a 2010 Ford Expedition belonging to the U.S. General Services Administration and leased to the Oglala Sioux Tribe Department of Public Safety. The incident happened between March 27 and 28, 2011. The rock caused enough damage that the windshield had to be replaced.
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 is being prosecuted by Assistant U.S. Attorney Wayne Venhuizen.
A presentence investigation was ordered and a sentencing date was set for October 25, 2013. The defendant was released on bond pending sentencing.Timber Lake Woman Convicted of Misprision of A FelonyRead the Press Release
United States Attorney Brendan V. Johnson announced that Stephanie Vandervier, age 28, of Timber Lake, South Dakota, appeared before U.S. District Judge Roberto A. Lange on August 19, 2013, and pled guilty to a Superseding Information that charged her with Misprision of a Felony.
The maximum penalty upon conviction is 3 years in custody, a $250,000 fine, or both; 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, South Dakota. Vandervier had knowledge of the burglary, provided transportation to her co-defendant from the scene of the burglary, and concealed the same from tribal and federal law enforcement officers. She 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.Timber Lake Woman Convicted of Misprision of A FelonyRead the Press Release
United States Attorney Brendan V. Johnson announced that Stephanie Vandervier, age 28, of Timber Lake, South Dakota, appeared before U.S. District Judge Roberto A. Lange on August 19, 2013, and pled guilty to a Superseding Information that charged her with Misprision of a Felony.
The maximum penalty upon conviction is 3 years in custody, a $250,000 fine, or both; 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, South Dakota. Vandervier had knowledge of the burglary, provided transportation to her co-defendant from the scene of the burglary, and concealed the same from tribal and federal law enforcement officers. She 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.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 August 19, 2013, by U.S. District Judge Roberto A. Lange.
Laun Leroy McCloskey, age 19, was sentenced to 37 months in custody, 8 years of supervised release, and $100 to the Federal Crime Victims Fund.
McCloskey was indicted by a federal grand jury on April 2, 2013, and pled guilty to the charge on April 30, 2013.
The conviction stems from an incident that took place on March 16, 2013, when McCloskey had sexual contact with a minor.
The investigation was conducted by the Federal Bureau of Investigation and Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Tim Maher.
McCloskey was remanded to the custody of the U.S. Marshals Service.North Dakota Man Pleads Guilty to Distribution of A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that Ricardo Avila, age 53, of North Dakota, appeared before U.S. District Judge Roberto A. Lange on August 19, 2013, and pled guilty to Count I of the Indictment that charged him with Distribution of a Controlled Substance.
The maximum penalty upon conviction is 20 years of imprisonment, a $1,000,000 fine, or both; at least 3 years of supervised release and 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.
An undercover officer connected with the Northern Plains Safe Trails Drug Enforcement Task Force was introduced to Avila and arranged a purchase of cocaine from him. On April 12, 2012, Avila delivered to the undercover officer a substance that testing confirmed was 28.3 grams of powder cocaine, a Schedule II controlled substance.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.
Avila was remanded to the custody of the U.S. Marshals Service pending sentencing, which has been set for November 18, 2013.California Man Charged with Sex TraffickingRead the Press Release
United States Attorney Brendan V. Johnson announced that a Los Angeles, California, man has been indicted by a federal grand jury for Transportation for Prostitution, Inducing Travel to Engage in Prostitution, and Sex Trafficking.
Joe Charles Becker, a/k/a “Moses,” age 32, was indicted by a federal grand jury on August 13, 2013. He appeared before U.S. Magistrate Judge John E. Simko on August 19, 2013, and pled not guilty to the indictment.
The maximum penalty upon conviction is up to life imprisonment, a $250,000 fine, or both; up to life on supervised release; and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges are merely accusations and Becker is presumed innocent until and unless proven guilty.
In early August 2013, Becker allegedly transported the victim from Minnesota to Sioux Falls, South Dakota, with the intent that the victim would engage in prostitution and sexual activity for Becker’s financial benefit.The investigation is being conducted by the Sioux Falls Police Department and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Becker was remanded to the custody of the U.S. Marshals Service. A trial date has been set for October 22, 2013.White River Woman Convicted of Conspiracy to Distribute MarijuanaRead the Press Release
United States Attorney Brendan V. Johnson announced that Jo Ann White Buffalo, age 48, of White River, South Dakota, appeared before U.S. District Judge Roberto A. Lange on August 12, 2013, and pled guilty to a Superseding Information that charged her with conspiracy to distribute between 50 and 100 kilograms of marijuana.
Previously, as part of this same narcotics trafficking conspiracy, Phillip Stands, age 50, of Rosebud, Alfred Eagle Deer, Jr., a/k/a Alfred Eagle Deer, age 31, of Rosebud, and Joe Buck Colombe, age 34, of Mission, pled guilty to the same charge.
The maximum penalty upon conviction for White Buffalo and Eagle Deer is 20 years in custody, a $1,000,000 fine, or both; at least 3 years of supervised release; and a $100 assessment to the Federal Crime Victims Fund. The maximum penalty upon conviction for Colombe is 30 years in custody, a $2,000,000 fine, or both; at least 6 years of supervised release; and a $100 assessment to the Federal Crime Victims Fund.
Between October 2008 and August 2012, Abraham Romero-Perez obtained between 60 and 80 kilograms (132.28 to 176.37 pounds) of marijuana that had been transported into South Dakota. Romero-Perez then sold or “fronted” (a term for loaning controlled substance to an individual with the intent that the supplier will be paid for the substance after it has been sold) pound quantities of marijuana to other persons, including Gloria Barrera, Andrea Barrera, Colombe, and White Buffalo, knowing that they intended to further distribute the marijuana in South Dakota. Stands, and later Eagle Deer, assisted Gloria Barrera in redistributing the marijuana by helping her break pound quantities of marijuana into smaller quantities, and distributing some of it to marijuana users. Eagle Deer was fronted quantities of marijuana ranging from one ounce and upwards.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. The cases are being prosecuted by Assistant U.S. Attorney Jay Miller.
Presentence investigations were ordered, and sentencing dates were set for August 19, 2013, for Eagle Deer; October 7, 2013, for Colombe; and October 21, 2013, for White Buffalo. Stands was previously sentenced on August 12, 2013.
White Buffalo, Colombe, and Eagle Deer were released on bond pending sentencing.Six Men Sentenced for Unlawful Taking of Migratory Birds and Lacey Act ViolationsRead the Press Release
United States Attorney Brendan V. Johnson announced that five men from South Dakota and one man from Minnesota, convicted of Unlawful Taking of Migratory Birds and Lacey Act Violations, were sentenced by U.S. Magistrate Judge John E. Simko on August 19, 2013.
Eight men were originally charged in this case, with one sentence handed down on July 15, 2013, and the remaining sentence scheduled for August 28, 2013.
The individuals sentenced today include:
• Jaron Anderson, age 22, of Brookings, South Dakota, was sentenced to 3 years of probation; a $200 fine; $4,875 in restitution; and a $25 special assessment to the Federal Crime Victims Fund. Anderson’s hunting privileges are revoked for a period of 3 years.
• Aaron Eich, age 29, of Sioux Falls, South Dakota, was sentenced to 2 years of probation; a $200 fine; $4,875 in restitution; and a $25 special assessment to the Federal Crime Victims Fund. Eich’s hunting privileges are revoked for a period of 2 years.
• Christopher Paclik, age 22, of Brookings, South Dakota, was sentenced to 1 year of probation; a $200 fine; $4,050 in restitution; and a $25 special assessment to the Federal Crime Victims Fund. Paclik’s hunting privileges are revoked for a period of 1 year.
• Austin Lueck, age 21, of Lake Benton, Minnesota, was sentenced to probation until January 13, 2015; a $200 fine; $3,750 in restitution; and a $25 special assessment to the Federal Crime Victims Fund. Lueck’s hunting privileges will be revoked for 1 year starting on January 13, 2014.
• Scott Nenaber, age 33, of Alpena, South Dakota, was sentenced to 1 year of probation; a $200 fine; $2,175 in restitution; and a $25 special assessment to the Federal Crime Victims Fund. Nenaber’s hunting privileges are revoked for a period of 1 year.
• Ben Burgess, age 30, of Sioux Falls, South Dakota, was sentenced to 1 year of probation; a $200 fine; $825 in restitution; and a $25 special assessment to the Federal Crime Victims Fund. Burgess’ hunting privileges are revoked for a period of 1 year.
Nicholas Connor, age 21, of Winfred, South Dakota, will be sentenced on August 28, 2013.
Travis Vacek, age 34, of Sioux Falls, South Dakota, previously pled guilty to Unlawful Taking of Migratory Birds and a Lacey Act Violation, and was sentenced on July 15, 2013, to 1 year of probation; a $200 fine; $1,350 in restitution; and a $25 special assessment to the Federal Crime Victims Fund. Vacek’s hunting privileges are revoked for a period of 1 year.
The charges stem from a case wherein Anderson, Burgess, Connor, Eich, Lueck, Nenaber, Paclik and Vacek, a group of friends known as “Team Those Guys,” hunted between November 24, 2012 and November 29, 2012 in Miner County, South Dakota. In total, the hunters illegally killed 417 geese and 6 Canada geese using an electronic device. They all admitted they knew it was illegal to use said device while goose hunting during that time of year. After killing the geese, they were transported from the field to various locations in violation of federal law.
The investigation was conducted by the U.S. Fish & Wildlife Service and the South Dakota Game, Fish & Parks. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Rapid City Man Sentenced for Illegally Possessing 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 August 14, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court.
This case was investigated by the Bureau of Indian Affairs Office of Justice Services, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Daniel Thomas, age 31, was sentenced to 46 months of imprisonment, 2 years of supervised release, and was ordered to pay $100 to the Federal Crime Victims Fund.
On July 23, 2012, at Red Shirt, South Dakota, Thomas went to a residence with a .38 caliber Colt Cobra revolver, and when the person in the house got to the door, Thomas displayed the gun in his hand and asked where his “stuff” was. On that same date, Thomas kicked another individual and pointed the gun at that person. Thomas is prohibited from possessing firearms based on previous felony convictions, including possession of heroin, manufacturing or delivering a controlled substance, and taking a motor vehicle without permission.Pierre Woman Convicted of Theft of Governement FundsRead the Press Release
United States Attorney Brendan V. Johnson announced that Brandis Rose Rose, age 37, from Pierre, South Dakota, appeared before U.S. District Judge Roberto A. Lange on August 14, 2013, and pled guilty to Theft of Government Funds.
The maximum penalty upon conviction is 10 years in custody, a $250,000 fine, or both; 3 years of supervised release; restitution; and $100 to the Federal Crime Victims Fund.
The conviction stems from incidents that occurred when Rose embezzled, stole, purloined or knowingly converted to her own use over $8,000 in Old Age, Survivors, and Disability Insurance (OASDI) and Supplemental Security Income (SSI) program funds to which she was not entitled.
South Dakota CARES (SD CARES) is a Social Security Administration (SSA) approved fee-for-service organizational payee that serves Social Security and SSI beneficiaries in South Dakota. Rose was an employee of SD CARES from July 6 through November 16, 2009. During that time, Rose handled the accounts for 14 beneficiaries that were under her care and control.SD CARES became concerned about the possibility of misappropriated funds in February 2010 and reported it to the SSA District Office in Huron. The SSA Office of Inspector General conducted an audit and interviewed the 14 beneficiaries under Rose’s care and control. They determined that Rose misappropriated $8,718.08 and converted it to her own use.
The investigation was conducted by the SSA Office of the Inspector General. The case is being prosecuted by Assistant U.S. Attorney Jay Miller.
A presentence investigation was ordered and a sentencing date was set for October 28, 2013. Rose was released on bond pending sentencing.Mobridge Man Charged with Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mobridge, South Dakota, man has been charged by Criminal Complaint for Failure to Register as a Sex Offender.
Troy Justin Plenty Chief, age 31, was charged on August 8, 2013, and appeared before U.S. Magistrate Judge William D. Gerdes on August 15, 2013, and pled not guilty to the Complaint.
The maximum penalty upon conviction is up to 10 years of imprisonment, a $250,000 fine, a mandatory minimum term of 5 years of supervised release, an additional mandatory minimum of 5 years up to life 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 Plenty Chief is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Plenty Chief was released on bond pending trial. A trial date has not been set.Sioux Falls Man Pleads Guilty to Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that David Flute III, age 23, of Sioux Falls, South Dakota, appeared before U.S. District Judge Roberto A. Lange on August 13, 2013, and pled guilty to Failure to Register as a Sex Offender. This was Flute’s second conviction for failure to register.
The maximum penalty upon conviction is 10 years of imprisonment, a $250,000 fine, or both; at least 5 years of supervised release, with a violation of a condition of release possibly resulting in 2 years of additional incarceration on any such revocation; a mandatory $100 special assessment to the Federal Crime Victims Fund; and restitution may also be ordered. If Flute commits a new felony violation of sexual abuse, sexual exploitation and other abuse of children, transportation for illegal sexual activity and related crimes, kidnapping or sex trafficking of children by force, fraud or coercion while on supervised release, he may be incarcerated for a mandatory minimum term of 5 years up to life for each violation.
Flute was previously convicted of Aggravated Sexual Abuse of a Child, which required him to register as a sex offender for life in the State of South Dakota.
On November 18, 2011, Flute was convicted of Failure to Register as a Sex Offender in U.S. District Court, District of South Dakota. Following his release from custody, he signed registration documents and updated his registration, as required by law. On April 10, 2013, Flute was terminated from his apartment and moved to another location. Between April 13, 2013 and May 17, 2013, Flute, did knowingly fail to register and update his registration as required by law, leading to his second conviction.
The investigation was being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Flute was remanded to the custody of the U.S. Marshals Service pending sentencing which has been set for October 9, 2013.Rapid City Man Sentenced for Not Updating Sexual Offender RegistrationRead the Press Release
United States Attorney Brendan V. Johnson announced that a Box Elder, South Dakota, man convicted of Failure to Register was sentenced on August 13, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Seth Peter Between Lodges, age 31, was sentenced to 12 months and 1 day of imprisonment, 5 years of supervised release, and was ordered to pay $100 to the Federal Crime Victims Fund.
From July 24, 2012, to November 19, 2012, Between Lodges failed to update his sexual offender registration as required. He pled guilty on March 28, 2013.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.McLaughlin Man Sentenced for Lacey Act ViolationsRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man convicted of Lacey Act Violations was sentenced on August 12, 2013, by U.S. District Judge Charles B. Kornmann.
The investigation was being conducted by the U.S. Fish & Wildlife Service. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Jeffrey Volk, age 43, was sentenced to 3 years of unsupervised probation, $2,000 in restitution, $1,000 fine with $750 due at sentencing, and a $25 special assessment to the Federal Crime Victims Fund. Volk’s hunting privileges were also revoked for 3 years.
Volk was charged by an Information on February 14, 2013, and pled guilty to said Information on May 9, 2013.
The charge stems from an incident in November 2008 wherein Volk illegally shot and killed an 8x6 mule deer in North Dakota. At the time Volk killed the deer, he knowingly did not have a North Dakota or a Standing Rock Sioux Tribe deer hunting license. After illegally killing the deer, Volk transported it into South Dakota in violation of state and federal laws. Volk also admitted to killing one other deer in North Dakota and transporting it into South Dakota.Iowa and California Men Sentenced for Kidnapping, Firearm Offenses and Controlled Substance ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sioux City, Iowa, man convicted of Kidnapping and Brandishing a Firearm During a Crime of Violence, and a Homeland, California, man convicted of Conspiracy to Distribute and Possess with Intent to Distribute a Controlled Substance, and Brandishing a Firearm During a Crime of Violence, were sentenced on August 12, 2013, by U.S. District Judge Charles B. Kornmann.
Marco Uribe, age 26, of Sioux City, Iowa, was sentenced to a total of 215 months of imprisonment, with the Court ordering that 131 months on the kidnapping charge and 84 months on the firearm charge be served consecutively; 5 years of supervised release on each count to be served concurrently; and a $200 special assessment to the Federal Crime Victims Fund. The Court also ordered forfeiture of a 2003 Jaguar-XJ and 3 firearms.
Jose “Ivan” Garcia, age 26, of Homeland, California, was sentenced to a total of 130 months of imprisonment, with the Court ordering that 46 months on the conspiracy charge and 84 months on the firearm charge be served consecutively; 3 years of supervised release on each count to be served concurrently; and a $200 special assessment to the Federal Crime Victims Fund.
Uribe and Garcia were initially indicted by a federal grand jury on February 14, 2012. Uribe pled guilty on May 9, 2013, to a Superseding Indictment charging him with Kidnapping and Brandishing a Firearm During a Crime of Violence. Garcia pled guilty on May 20, 2013, to a Superseding Information charging him with Conspiracy to Distribute and Possess with Intent to Distribute a Controlled Substance and Brandishing a Firearm During a Crime of Violence.
In 2011, Uribe brought Garcia to South Dakota to become a leader within Uribe’s drug distribution operation. In support of the conspiracy, Garcia hosted a party at his residence around December 23, 2011, where he provided cocaine to some of the people in attendance. At the party and elsewhere, Garcia supervised and recruited others to distribute cocaine. The drug quantity attributable to Garcia based on his role in the conspiracy was at least 50 but less than 100 grams of cocaine.
Following the party, Garcia’s trailer in Mobridge was burglarized and a large quantity of cocaine and methamphetamine and several thousand dollars in cash was stolen. Uribe, and others, kidnapped several individuals they suspected of the break-in and theft and took them to another location, where the victims were assaulted with shod feet and hit with firearms. Uribe stuck his gun in one victim’s mouth while questioning him about the stolen drugs and cash. The victims denied knowing anything about the thefts. The actual burglars were later apprehended.
On or about December 27, 2011, Garcia and others, as part of their continuing efforts to discover who had broken into Garcia’s residence and stole the drugs, travelled to a residence in Wakpala, South Dakota. When an occupant opened the door, Garcia pulled out a gun and asked for Dustin Swimmer. The door was slammed in his face and he yelled for his “stuff” back. Garcia got back into his vehicle with the driver, and fired shots at the residence as they drove away.
Also charged in this case were 5 other defendants:- Tim Stout, age 38, convicted of Conspiracy to Distribute and Possess with Intent to Distribute a Controlled Substance, was sentenced on September 17, 2012, to 151 months of custody and 3 years of supervised release.
- Nathan Martin, age 31, convicted of Conspiracy to Distribute and Possess with Intent to Distribute a Controlled Substance, and Assault with a Dangerous Weapon, was sentenced on January 4, 2013, to 105 months of custody and 6 years of supervised release.
- Amber Long Chase, age 33, convicted of Conspiracy to Distribute and Possess with Intent to Distribute a Controlled Substance, was sentenced on January 4, 2013, to 105 months of custody and 6 years of supervised release.
- Anthony Brown Otter, age 25, convicted of Assault with a Dangerous Weapon and Brandishing a Firearm During a Crime of Violence, was sentenced on January 4, 2013, to 125 months of custody and 3 years of supervised release.
- Dustin Swimmer, age 27, convicted of Possession with Intent to Distribute a Controlled Substance, was sentenced on May 13, 2013, to 37 months of custody and 3 years of supervised release.
An eighth defendant, Andrew Kills Crow, age 22, is scheduled to be sentenced on October 7, 2013. Kills Crow pled guilty on May 28, 2013, to two counts of Assault with a Dangerous Weapon.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force, Bureau of Indian Affairs, Mobridge Police Department, and the Federal Bureau of Investigation. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Uribe and Garcia were immediately turned over to the custody of the U.S. Marshals Service.Harrold Man Pleads Guilty and Is Sentenced for Simple Assault by Striking, Beating and WoundingRead the Press Release
United States Attorney Brendan V. Johnson announced that Thomas Morgan, age 38, of Harrold, South Dakota, has pled guilty to an Information that charged him with Simple Assault and Assault by Striking, Beating and Wounding.
Morgan was sentenced on August 13, 2013, by U.S. Magistrate Judge Mark A. Moreno to 6 months of imprisonment on each count to be served consecutively, for a total custody sentence of 12 months; $528 in restitution; and a $20 special assessment to the Federal Crime Victims Fund.
The charges stem from an incident occurring on August 17, 2012, when several individuals ended up at Morgan’s home following a disagreement. Additional arguments ensued and Morgan got into his car and hit the victim with his vehicle. The victim hit the hood of Morgan’s car but was not seriously injured.
The investigation was conducted by the Bureau of Indian Affairs. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Morgan was immediately turned over to the custody of the U.S. Marshals Service.First Cousins from La Plant Convicted of IncestRead the Press Release
United States Attorney Brendan V. Johnson announced that Nicholas Ray White Eagle, age 26, and Fawn Lynn Scott, age 20, of La Plant, South Dakota, appeared before U.S. District Judge Roberto A. Lange on August 14, 2013, and pled guilty to the Indictment that charged them with Incest.
The maximum penalty upon conviction is 5 years in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 assessment to the Federal Crime Victims Fund.
On or about April 10, 2011, first cousins White Eagle and Scott had consensual sexual intercourse that produced a child with a genetic disability. At the time of the sexual intercourse, White Eagle and Scott were not legally married and were within the degrees of consanguinity with each other, within which a marriage was void.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. 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 18, 2013.
White Eagle and Scott were released to third party custodians pending sentencing.Eagle Butte Man Sentenced for Possession with Intent to Distribute A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on August 13, 2013, by U.S. District Judge Roberto A. Lange.
Terry Flying By, age 51, was sentenced to 3 months of imprisonment, 2 years of supervised release, a $1,000 fine, and a $100 special assessment to the Federal Crime Victims Fund. The Court also ordered forfeiture of $8,377.68.
The charge stems from an incident in September 2012, wherein Cheyenne River law enforcement conducted a vehicle stop and learned from the driver that he had purchased marijuana from the Defendant’s residence in Eagle Butte. After obtaining a search warrant, law enforcement searched the residence and found marijuana, along with grinders, rolling papers, snort tubes, scales, roaches, and cash. Flying By admitted to the selling of marijuana in his home.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force and Cheyenne River Sioux Tribe Law Enforcement. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Flying By was immediately turned over to the custody of the U.S. Marshals Service.Eagle Butte Man Pleads Guilty to Controlled Substance ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that Aadam Tiger, age 29, of Eagle Butte, South Dakota, appeared before U.S. District Judge Roberto A. Lange on August 13, 2013, and pled guilty to the Indictment that charged him with Possession with Intent to Distribute a Controlled Substance.
The maximum penalty upon conviction is 5 years of imprisonment, a $250,000 fine, or both; at least 2 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 on December 2, 2011, wherein Cheyenne River Law Enforcement stopped the Defendant’s vehicle for a traffic violation, and the officer could smell marijuana coming from inside the vehicle. The officer was given consent to search the vehicle and found marijuana, plastic baggies, a grinder, a scale, zig-zag papers, roaches, and $725. Tiger had the intent to distribute some or all of the marijuana that was in his possession.
The investigation was conducted by Cheyenne River Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.
Tiger was released on bond pending sentencing which has been set for October 28, 2013.Timber Lake Woman Charged with Wire FraudRead the Press Release
United States Attorney Brendan V. Johnson announced that a Timber Lake, South Dakota, woman has been indicted by a federal grand jury for two counts of Wire Fraud.
Crystal Dawn Lind, age 45, was indicted by a federal grand jury on July 17, 2013. She appeared before U.S. Magistrate Judge Mark A. Moreno on August 12, 2013, and pled not guilty to the indictment.
The maximum penalty upon conviction is up to 20 years in custody, a $250,000 fine, or both; 3 years of supervised release; and $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to an alleged incident in which Lind attempted, by wire fraud, to pre-date her son’s car insurance coverage so he could avoid paying for damages he caused to another vehicle, and to avoid a No Insurance citation that was issued to her son.
The charges are merely accusations and Lind is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Office of Attorney General, Division of Criminal Investigation. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.
Lind was released on bond pending trial. A trial date has not been set.Sturgis Man and Woman Indicted for FraudRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sturgis, South Dakota, husband and wife were indicted by a federal grand jury for engaging in a scheme to submit employment petitions for foreign workers to the U.S. Department of Homeland Security and the U.S. Department of Labor in order to obtain temporary work visas for the workers. The petitions contained false statements about fees collected from the workers.
Both defendants were released on bond. A trial date has not been set.
Scott Kaubisch, age 50, and Shiela Kaubisch, a/k/a Maria Shiela Santos Kaubisch, age 53, were indicted on August 13, 2013, for Conspiracy to Commit an Offense or to Defraud the United States, Wire Fraud, False Swearing in an Immigration Matter, and False Statement. Both Kaubisches appeared before U.S. Magistrate Judge Veronica L. Duffy in Rapid City on August 14, 2013, and pled not guilty to the indictment.
The maximum penalty upon conviction is 20 years’ imprisonment and/or a $250,000.00 fine. The charges are merely accusations and the Kaubisches are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Department of Homeland Security – Homeland Security Investigations, the Department of State - Diplomatic Security Service, the U.S. Department of Labor, Office of Inspector General - Office of Labor Racketeering and Fraud Investigation, and the U.S. Citizenship and Immigration Services – Fraud Detection and National Security. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.Rosebud Man Sentenced for Conspiracy to Distribute Marijuana and Possession of MethamphetamineRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man convicted of Conspiracy to Distribute Marijuana and Possession of Methamphetamine in two different cases, was sentenced on August 12, 2013, by U.S. District Judge Roberto A. Lange.
Phillip Stands, age 50, was sentenced to 44 months of custody, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund for conspiracy to distribute between 50 and 100 kilograms of marijuana. He was sentenced to an additional 6 months of custody, a $1,000 fine, and a $25 special assessment to the Federal Crime Victims Fund for possession of methamphetamine. The two sentences are to be served consecutively.
Stands was indicted on August 29, 2012, for three counts of conspiracy to distribute methamphetamine, cocaine and marijuana. He pled guilty to a Superseding Information in May 2013 charging him with one count of conspiracy to distribute marijuana. The conspiracy conviction arose from incidents that occurred in Todd County beginning in October 2008 and continuing to August 2012, when Stands conspired to distribute between 50 and 100 kilograms of marijuana.
Regarding the possession conviction, Stands was indicted by a federal grand jury on August 22, 2012, for two counts of possession with intent to distribute methamphetamine. He pled guilty to a Superseding Information charging him with possession of methamphetamine in May 2013. The conviction in this case stems from an incident in March 2012 when law enforcement discovered a small amount of methamphetamine on Stands.
The investigations were conducted by the Northern Plains Safe Trails Drug Enforcement Task Force and Rosebud Sioux Tribe Law Enforcement. The cases were prosecuted by Assistant U.S. Attorneys Kathryn N. Rich and Jay Miller.
Stands was remanded to the custody of the U.S. Marshals Service to begin serving his sentence.Rosebud Man Charged with Sexual AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that Ricky Eagle Elk, age 45, of Rosebud, South Dakota, appeared before U.S. District Judge Roberto A. Lange on August 14, 2013, and pled guilty to Sexual Abuse.
The maximum penalty upon conviction is life in custody, a $250,000 fine, or both; life of supervised release; and $100 to the Federal Crime Victims Fund.
The conviction stems from an incident that took place on August 27, 2012, when Eagle Elk performed an act of sexual penetration with the victim when the victim was not capable of consent.
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 4, 2013. The defendant was remanded to the custody of the U.S. Marshals Service pending sentencing.Nebraska Man Sentenced on Assault ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that a Winnebago, Nebraska, man convicted of Assault by Striking, Beating and Wounding was sentenced on August 13, 2013, by U.S. Magistrate Judge Mark A. Moreno.
Lawrence Bassette, age 28, was sentenced to 6 months of imprisonment and a $10 special assessment to the Federal Crime Victims Fund.
Bassette was indicted by a federal grand jury in March of 2013. He pled guilty to an Information on August 13, 2013, immediately prior to sentencing.
The conviction stems from an incident on January 30, 2013, when Bassette assaulted the victim at the Lower Brule jail, where both of them were prisoners. The victim and Bassette were arguing and began to fight, during which time Bassette stuck his finger into the victim’s eye and put the victim into a headlock. When the victim tried to break the headlock, Bassette threw the victim onto the ground, causing him to hit his head on the concrete.
The victim sustained a laceration to the top of his head, as well as injury to his eye.
The investigation was conducted by the Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Troy Morley prosecuted the case.
Bassette was immediately turned over to the custody of the U.S. Marshals Service.Murdo Man Convicted of Possession of Firearm by A Prohibited PersonRead the Press Release
United States Attorney Brendan V. Johnson announced that Shaun Sporrer, age 41, of Murdo, South Dakota, appeared before U.S. District Judge Roberto A. Lange on August 13, 2013, and pled guilty to the Indictment that charged him with Possession of a Firearm by a Prohibited Person.
The maximum penalty upon conviction is 10 years in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 assessment to the Federal Crime Victims Fund.
The charge stems from an incident on March 1, 2013, when Sporrer pulled a revolver on a neighbor. Since he was previously convicted of a domestic violence offense, Sporrer is prohibited from owning firearms.
The investigation was conducted by the Jones County Sheriff’s Office; the Bureau of Alcohol, Tobacco, Firearms and Explosives; and the Northern Plains Safe Trails Drug Enforcement Task Force. The case is being prosecuted by Assistant U.S. Attorney Jay Miller.
A presentence investigation was ordered, and a sentencing date was set for November 4, 2013.
Sporrer was remanded to the custody of the U.S. Marshals Service pending sentencing.Eagle Butte Man Sentenced for Simple AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that John Maynard, a 51-year-old non-Indian man from Eagle Butte, South Dakota, pled guilty to Simple Assault and was sentenced on August 13, 2013, by U.S. Magistrate Judge Mark A. Moreno.
Maynard was sentenced to 6 months in custody and a $10 assessment to the Federal Crime Victims Fund.
The conviction relates to a July 2013 incident in which Maynard committed a simple assault upon a Native American woman by hitting her with a closed fist at her residence in Eagle Butte.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Division and the Ziebach County Sheriff’s Office. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Maynard was remanded to the custody of the U.S. Marshals Service to begin serving his sentence.Eagle Butte Man Sentenced for Assaulting A Man in A BarRead the Press Release
United States Attorney Brendan V. Johnson announced that Bevan Ray Bordeaux, a 26-year-old man from Eagle Butte, South Dakota, pled guilty to two charges of Assault by Striking, Beating and Wounding and was sentenced on August 12, 2013, by U.S. Magistrate Judge Mark A. Moreno.
Bordeaux was sentenced to one year of custody, $79.20 in restitution, and a $20 assessment to the Federal Crime Victims Fund.
The conviction arose from an incident on December 28, 2012, when the Defendant’s wife got into a verbal argument with the victim at an Eagle Butte bar. The Defendant then approached the victim and joined in the argument, which escalated and resulted in Bordeaux striking the victim and knocking him to the floor. Following the initial assault, Bordeaux unlawfully struck the victim a second time when he was on the floor of the bar.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Bordeaux was remanded to the custody of the U.S. Marshals Service to begin serving his sentence.Bullhead Man Sentenced for Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that a Bullhead, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on August 12, 2013, by U.S. District Judge Charles B. Kornmann.
Morgan Bagola, age 21, was sentenced to 18 months of imprisonment, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Bagola was indicted by a federal grand jury on September 19, 2012. He pled guilty to the above charge on April 29, 2013.
The charge stems from an incident wherein Bagola, on or about December 11, 2011, used a bat to break several windows of a home. Bagola then fought with one of the other persons present. As a result of the struggle and Bagola’s use of the bat, the victim suffered serious bodily injury, including a broken ankle, laceration on his head, and a large welt on his back.
The investigation was conducted by the Bureau of Indian Affairs, Standing Rock Agency, and the Federal Bureau of Investigation. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Bagola was immediately turned over to the custody of the U.S. Marshals Service.Sex Trafficking Sting Nets Nine ArrestsRead the Press Release
United States Attorney Brendan V. Johnson announced that nine men have been arrested and federally indicted as a result of a sex trafficking undercover operation conducted during the 2013 Sturgis Motorcycle Rally, which ended August 11. All nine men were indicted for Commercial Sex Trafficking.
The arrests were a result of investigations by the South Dakota Internet Crimes Against Children Task Force. All of the defendants allegedly negotiated with law enforcement agents posing as pimps, and agreed to pay for sex with underage girls, ranging from 12-15 years of age.
Five of the defendants are from South Dakota, and four are from out-of-state.- Jerry Lane Golliher, age 31, of Rapid City, South Dakota.
- Eric D. Murphy, age 27, of Rapid City, South Dakota.
- John Miller, age 24, of Rapid City, South Dakota.
- Michael Francis Fox Jr., age 43, of Owings Mills, Maryland.
- Scott B. Falk, age 29, of Kenai, Alaska.
- Timothy Charles Gravens, age 54, of Grapevine, Texas.
- Miguel Angel Aguilar, age 19, of Brighton, Colorado.
- James Eugene Larive Jr., age 42, of Belle Fourche, South Dakota.
- Curtis Ray Austin, age 20, of Rapid City, South Dakota.
Falk, Fox, Gravens, and Aguilar are in the custody of the U.S. Marshals Service and are scheduled to make an initial appearance before a United States Magistrate Judge in Rapid City on August 14, 2013. The remaining defendants will be taken into federal custody and will be making an initial appearance at a future date.
The crime of Commercial Sex Trafficking carries a mandatory minimum sentence of 10-15 years in prison up to a life maximum, and/or a $250,000 fine. The mandatory minimum prison sentence is determined by the age of the victim.
The charges are merely accusations and the defendants are presumed innocent until and unless proven guilty.
The undercover operation and arrests were a joint effort between the South Dakota Division of Criminal Investigation, the Federal Bureau of Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s office. Assistant U.S. Attorney Sarah Collins is prosecuting the cases.Kyle Man Indicted for Assaulting an OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a Kyle, South Dakota, man was indicted by a federal grand jury for assaulting an Oglala Sioux Tribe police officer.
Red Owl was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
Richard Red Owl, age 46, was indicted on July 23, 2013, for Assaulting a Federal Officer. He appeared before U.S. Magistrate Judge Veronica L. Duffy on August 12, 2013, and pled not guilty to the indictment. Red Owl allegedly swung a tree branch at the officer, and then threw a knife at him.
The maximum penalty upon conviction is 20 years’ imprisonment and/or a $250,000 fine. The charge is merely an accusation and Red Owl 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.California Man and Woman Charged with Discharge of A Pollutant from A Point SourceRead the Press Release
United States Attorney Brendan V. Johnson announced that two Hacienda Heights, California, residents have been indicted by a federal grand jury.
Sean Clark, age 47, and Devorah Lopez, age 50, d/b/a Glencoe CampResort II, were indicted by a federal grand jury on July 17, 2013, for Discharge of a Pollutant from a Point Source into a Water of the United States. The Indictment alleges that in both 2011 and 2012 the defendants discharged fill material into Bear Butte Creek. They appeared before U.S. Magistrate Veronica L. Duffy on August 12, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 3 years of imprisonment, not less than $5,000 nor more than $50,000 fine per day of violation, or both; 1 year of supervised release, an additional year of supervised release upon revocation; and a mandatory $100 each special assessment to the Federal Crime Victims Fund. Restitution may also be ordered. The charge is merely an accusation, and Clark and Lopez are presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Environmental Protection Agency and Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Clark and Lopez were released on bond pending trial which has been set for October 15, 2013.Rapid City Woman Charged with Child AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, woman has been indicted by a federal grand jury for Child Abuse.
Crystal Reeder, a/k/a Crystal Taylor, age 29, was indicted on June 12, 2013. She appeared before U.S. Magistrate Judge Mark A. Moreno on August 5, 2013, and pled not guilty to the indictment.
The maximum penalty upon conviction is up to10 years in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to incidents that allegedly occurred in May of 2012 in Isabel, South Dakota, when Reeder allegedly committed child abuse upon the victim.
The charge is merely an accusation and Reeder 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.
Reeder was released on conditions pending trial. A trial date has been set for September 24, 2013.Martin Man Sentenced for Sexual AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Martin, South Dakota, man convicted of Sexual Abuse of a Minor was sentenced on August 2, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Edwin Johnson, age 62, was sentenced to 5 years of imprisonment, followed by 5 years of supervised release. Johnson was also ordered to pay $100 to the Federal Crime Victims Fund and $542.40 in restitution.
Johnson was indicted by a federal grand jury on November 19, 2012, and pled guilty to the charge on April 18, 2013.
The charge relates to Johnson having sexual intercourse with a 15-year old girl over 50 times in Bennett County in 2010 and 2011.
This case was investigated by the Martin Police Department, the South Dakota Division of Criminal Investigation, and the Federal Bureau of Investigation.
Johnson was immediately turned over to the custody of the U.S. Marshal.Eagle Butte 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 an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Joseph Anthony Little Star, age 19, was indicted on July 19, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 5, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction is at least 10 years and up to life in custody, a $250,000 fine, or both; 5 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 incident that allegedly occurred in July 2013 in Eagle Butte when Little Star assaulted a victim under the age of 18 with shod feet and a metal bar, causing serious bodily injury.
The charges are merely an accusation and Little Star 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.
Little Star was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.Dupree Man Sentenced for First Degree Burglary and Simple AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Dupree, South Dakota, man convicted of First Degree Burglary and Simple Assault was sentenced on August 5, 2013, by U.S. District Judge Roberto A. Lange.
William Vandervier, age 26, was sentenced to 21 months of custody for First Degree Burglary and 6 months of custody for Simple Assault, to run concurrently; 3 years of supervised release; and $110 to the Federal Crime Victims Fund.
Vandervier was indicted by a federal grand jury on November 15, 2012, and pled guilty to First Degree Burglary and Simple Assault on May 15, 2013.
The conviction arose from an incident that occurred in November of 2011 in Dupree when Vandervier unlawfully entered an occupied structure during the night and assaulted an adult female victim with whom he previously had a relationship.The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Division. The case was prosecuted by Assistant U.S. Attorney Mikal Hanson.
Vandervier was remanded to the custody of the U.S. Marshals Service to begin serving his sentence.White River Man Charged with First Degree Burglary and Assault with A Dangerous WeaponRead 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 First Degree Burglary and Assault with a Dangerous Weapon.
Albert Kelly, age 50, was indicted on July 17, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 5, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 25 years in custody, a $250,000 fine, or both; 5 years of supervised release; and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge is merely an accusation and Kelly 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.
Kelly was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for September 24, 2013.Rosebud Man Charged with Abusive Sexual ContactRead the Press Release
United States Attorney Brendan V. Johnson announced that Kameron Jackson, age 20, of Rosebud, South Dakota, appeared before U.S. District Judge Roberto A. Lange on July 30, 2013, and pled guilty to Abusive Sexual Contact.
The maximum penalty upon conviction is 2 years in custody, a $250,000 fine, or both; life of supervised release; and $100 to the Federal Crime Victims Fund.
The conviction stems from an incident that took place on January 4, 2013, when Jackson had sexual contact with the victim.
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 Tim Maher.
A presentence investigation was ordered and a sentencing date was set for October 7, 2013. The defendant must self-report to the custody of the U.S. Marshals on September 24, 2013.Porcupine Woman Indicted and Arraigned on Four Counts of Sexual Abuse of A MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that a Porcupine, South Dakota, woman was indicted by a federal grand jury on four counts of Sexual Abuse of a Minor.
Ardis Good Shot, age 39, was indicted on July 23, 2013. She appeared before U.S. Magistrate Judge Veronica L. Duffy on July 29, 2013, and pled not guilty to the indictment.
The maximum penalty upon conviction on each count is 15 years of imprisonment and a $250,000 fine. The charge is merely an accusation and Good Shot is presumed innocent until and unless proven guilty.
The investigation is being conducted by Bureau of Indian Affairs Office of Justice Services. Special Assistant U.S. Attorney Laura A. Shattuck is prosecuting the case.
Good Shot was released on bond pending trial. A trial date has not been set.Parmalee Man Charged with Sexual ContactRead the Press Release
United States Attorney Brendan V. Johnson announced that a Parmalee, South Dakota, man was indicted by a federal grand jury for engaging in a sexual act with a woman who was unable to give permission.
Patrick Left Hand Bull, age 40, was indicted on July 23, 2013, for Abusive Sexual Contact. He appeared before U.S. Magistrate Judge Veronica L. Duffy on July 31, 2013, and pled not guilty to the indictment.
The maximum penalty upon conviction is 3 years’ imprisonment and/or a $250,000 fine. The charge is merely an accusation and Left Hand Bull is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Sarah Collins is prosecuting the case.
Left Hand Bull was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.Parmalee Man Charged with Failure to RegisterRead the Press Release
United States Attorney Brendan V. Johnson announced that a Parmalee, South Dakota, man was indicted by a federal grand jury for not updating his sexual offender registration as required.
Wolf Guts was remanded to the custody of the U.S. Marshal. A trial date has not been set.
Richard Wolf Guts, age 28, was indicted on July 23, 2013, for Failure to Register as a Sex Offender. He appeared before U.S. Magistrate Judge Veronica L. Duffy on August 2, 2013, and pled not guilty to the indictment.
The maximum penalty upon conviction is 10 years’ imprisonment and/or a $250,000 fine. The charge is merely an accusation and Wolf Guts is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.Oglala Woman Guilty of Involuntary ManslaughterRead the Press Release
United States Attorney Brendan V. Johnson announced that Elizabeth Red Star-Benson, age 27, of Oglala, South Dakota, appeared before U.S. Magistrate Judge Veronica L. Duffy on August 2, 2013, and pled guilty to a charge of Involuntary Manslaughter.
The maximum penalty upon conviction is 8 years’ imprisonment and/or a $250,000 fine.
On August 31, 2012, Red Star-Benson was driving under the influence, with a blood alcohol content of .261, and rolled her vehicle on BIA Hwy 27 near KILI radio station in Porcupine. Her four-year old son, who was not properly restrained, was ejected from the vehicle and died at the scene from his traumatic injuries.
The investigation was conducted by the Bureau of Indian Affairs Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, and the South Dakota Highway Patrol. The case is being prosecuted by Assistant U.S. Attorney Sarah Collins.
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.North Dakota Man Charged with Aggravated Sexual Abuse of A Minor and Abusive Sexual Contact of A MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that a Fort Yates, North Dakota, man has been indicted by a federal grand jury.
Cecil White Bull, age 40, was indicted on July 17, 2013, on two counts of Aggravated Sexual Abuse of a Minor and two counts of Abusive Sexual Contact of a Minor. White Bull appeared before U.S. Magistrate Judge William D. Gerdes on July 25, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction of the sexual abuse charges is a mandatory minimum of 30 years up to life imprisonment. The maximum penalty upon conviction of the sexual contact charges is any term of years up to life imprisonment. All counts include a $250,000 fine, 5 years up to life of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges are merely accusations, and White Bull 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. White Bull was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.Mission Man Charged and Sentenced for Assault by Striking, Beating and WoundingRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man charged with Assault by Striking, Beating and Wounding has pled guilty to the charges and was sentenced on August 5, 2013, by U.S. Magistrate Judge Mark A. Moreno.
Frank Swalley Jr., age 29, was sentenced to 3 months in custody with credit for time served, and $10 to the Federal Crime Victims Fund.
The conviction stems from an incident that took place on October 1, 2011, when Swalley and others assaulted and beat the victim, which included Swalley grabbing the victim by the neck.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Tim Maher. Swalley 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.
Tabitha Good House, age 26, was indicted on July 17, 2013, on one count of Larceny.
The maximum penalty upon conviction is 5 years' custody, a $250,000 fine or both; a period of supervised release of 3 years; and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge is merely an accusation and Good House 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.
Good House was released with conditions. A trial date has not been set.Fort Thompson Man Charged with Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Fort Thompson, South Dakota, man has been indicted by a federal grand jury.
Patrick Scott Pomani, age 33, was indicted on July 17, 2013, for Failure to Register as a Sex Offender. Pomani appeared before U.S. Magistrate Judge Mark A. Moreno on August 5, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 10 years of imprisonment, a $250,000 fine, or both; a mandatory minimum period of at least 5 years up to life of supervised release, with a violation of a condition of release possibly resulting in 2 years of additional incarceration; and a mandatory $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
If Pomani commits a new felony violation of sexual abuse, sexual exploitation and other abuse of children, transportation for illegal sexual activity and related crimes, kidnapping, or sex trafficking of children by force, fraud, or coercion while on supervised release he may be incarcerated for a mandatory minimum term of 5 years up to life for each violation.
The charge is merely an accusation, and Pomani is presumed innocent until and unless proven guilty.
The Indictment charges that Pomani failed to register as a sex offender between the 1st day of October, 2012 and the 23rd day of January, 2013, as well as between the 28th day of April, 2013 and the 16th day of July 2013.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Pomani was remanded to the custody of the U.S. Marshals Service. A trial date has been set for September 24, 2013.Eagle Butte Man Convicted of Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that Stanley Morrison, age 32, of Eagle Butte, South Dakota, was convicted by a federal jury on July 30, 2013, for Assault Resulting in Serious Bodily Injury.
A presentence investigation was ordered, and a sentencing date was set for October 28, 2013. The defendant was remanded to the custody of the U.S. Marshals Service.
This conviction carries a maximum penalty of 10 years of imprisonment, a $250,000 fine, or both; 3 years of supervised release; and a $100 special assessment. Restitution may also be ordered.
Morrison was indicted by a federal grand jury in May 2013 for an assault that occurred in January 2013 when Morrison struck the victim with his fists, causing the victim serious bodily injury.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Mikal Hanson prosecuted the case.Colorado Man Pleads Guilty to Failure to Pay Child SupportRead the Press Release
United States Attorney Brendan V. Johnson announced that Joe S. Romero, age 42, of Denver, Colorado, appeared before U.S. District Judge Karen E. Schreier, on August 2, 2013, and pled guilty to an Indictment that charged him with Failure to Pay Child Support.
The maximum penalty upon conviction is 2 years' imprisonment, a $250,000.00 fine, one year supervised release, one additional year of custody upon revocation, a $100.00 assessment fee, and child support restitution amount owing at the time of sentencing.
Romero was ordered by the District Court of Denver County to pay $200.00 per month for his minor child beginning January 7, 1993. Romero had not made a child support payment since May of 2011. At the time of the plea hearing, the total arrearage amount was $33,601.69.
The investigation was conducted by the Department of Health and Human Services, Office of Inspector General. The case is being prosecuted by Assistant U.S. Attorney Thomas J. Wright.
A presentence investigation was ordered and a sentencing date was set for October 21, 2013. The defendant wasremanded to the custody of the U.S. Marshal pending sentencing.Bullhead Man Indicted on Sexual Abuse and Sexual Contact ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Bullhead, South Dakota, man has been indicted by a federal grand jury.
Landon Iron Thunder, age 24, was indicted on July 17, 2013, for Sexual Abuse of a Person Incapable of Consent, Sexual Abuse of a Minor, Abusive Sexual Contact of a Person Incapable of Consent, and Abusive Sexual Contact of a Minor. Iron Thunder appeared before U.S. Magistrate Judge William D. Gerdes on July 26, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction for the charges is as follows. Sexual Abuse of a Person Incapable of Consent: any term of years up to life imprisonment; Sexual Abuse of a Minor: 15 years of imprisonment; Abusive Sexual Contact with a Person Incapable of Consent: 3 years of imprisonment; and Abusive Sexual Contact of a Minor: 2 years of imprisonment.
All counts include a possible $250,000 fine, 5 years up to life of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges are merely accusations, and Iron Thunder 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. Iron Thunder was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.