District of South Dakota
Press releases recorded for this federal judicial district.
Blackfoot Man Pleads Guilty to Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that Stewart Bobtail Bear, Sr., age 41, of Blackfoot, South Dakota, appeared before U.S. District Judge Charles B. Kornmann on August 2, 2013, and pled guilty to Assault Resulting in Serious Bodily Injury.
The maximum penalty upon conviction is 10 years of imprisonment, a $250,000 fine, or both; 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 or about March 24, 2011, when the Defendant and victim were both present at a gathering in Little Eagle. During the evening, various arguments began among individuals, including the Defendant and the victim. The victim decided to leave and was attacked from behind by the Defendant. As a result of the attack, the victim’s nose was shattered and he required surgery. The victim also sustained a permanent blind spot in his left eye.
The investigation was conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Bobtail Bear was remanded to the custody of the U.S. Marshals Service pending sentencing, which has been set for October 21, 2013.Aberdeen Man Pleads Guilty to Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that an Aberdeen, South Dakota, man has pled guilty to Assault With a Dangerous Weapon.
Katlin Vine Tiger, age 21, appeared before U.S. District Judge Charles B. Kornmann on July 29, 2013, and pled guilty to the charge.
The maximum penalty upon conviction is 10 years of imprisonment, a $250,000 fine, or both; 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 or about the 25th day of August, 2012, when the Defendant and a juvenile male accompanied the victim to a private residence. While they were walking, the Defendant and the juvenile male assaulted the victim by striking him with their fists until he fell to the ground, and then began to kick the victim in the body and head. At the time of the attack, the Defendant was wearing steel-toed boots.
The investigation was conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Tiger was remanded to the custody of the U.S. Marshals Service pending sentencing, which has been set for October 21, 2013.White Eagle Man Sentenced for Domestic Assault by an Habitual OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a White Eagle, South Dakota, man convicted of Domestic Assault by an Habitual Offender was sentenced on August 2, 2013, by U.S. District Judge Charles B. Kornmann.
Ace Makes Him First, age 38, was sentenced to 33 months of imprisonment, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Makes Him First was indicted by a federal grand jury on September 19, 2012. He pled guilty to Count II of an Indictment on April 23, 2013.
The conviction stems from an incident in December of 2011 when the Defendant and the victim, who were in a domestic relationship, were involved in an altercation where the Defendant struck the victim around the head and face causing her lip to become swollen and split. The Defendant had been found guilty on two or more separate occasions for offenses that would have been, if subject to federal jurisdiction, an assault against a spouse and intimate partner in Standing Rock Tribal Court. All the offenses occurred against the same victim.
The investigation was conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Makes Him First was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.St. Francis Woman Sentenced for Making False Statements to A Federal AgencyRead the Press Release
United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota, woman convicted of Making False Statements to a Federal Agency was sentenced on August 5, 2013, by U.S. District Judge Roberto A. Lange.
Waln was remanded to the custody of the U.S. Marshals Service.
Candice Waln, age 34, was sentenced to 1 month in custody, 1 year of supervised release, and $100 to the Federal Crime Victims Fund.
Waln was indicted by a federal grand jury on December 11, 2012, and pled guilty to the charge on April 30, 2013.
The conviction stems from an incident that took place on November 9, 2012, when Federal agents arrived at Waln’s residence to serve an arrest warrant on an individual. Waln told the agents that individual was not present and was in another community, when in fact he was actually hiding nearby.
The investigation was conducted by the U.S. Marshals Service and the Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Tim Maher.Pine Ridge Man Pleads Guilty to Domestic AssaultsRead the Press Release
United States Attorney Brendan V. Johnson announced that Jon Craig Dillon, a/k/a JC Dillon, a/k/a Jon Craig Goings, age 25, of Pine Ridge, South Dakota, appeared before U.S. Magistrate Judge Veronica L. Duffy on August 2, 2013, and pled guilty to Assault with a Dangerous Weapon and Assault by Striking, Beating or Wounding.
The maximum penalty upon conviction is 10 years of imprisonment and a $250,000 fine.
The charges relate to Dillon assaulting his female companion numerous times in 2012. The assaults resulted in a kidney injury, a head injury, choking injuries, and extensive bruising covering her body.
The investigation was conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.
A presentence investigation was ordered and a sentencing date will be set. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.Minnesota Man Sentenced for BurglaryRead the Press Release
United States Attorney Brendan V. Johnson announced that a White Earth, Minnesota, man convicted of burglary was sentenced on August 2, 2013, by U.S. District Judge Karen E. Schreier.
Raymond Jackson, age 33, was sentenced to 15 months in custody with credit for time served, 2 years of supervised release, and $100 to the Federal Crime Victims Fund.
Jackson was indicted by a federal grand jury on January 13, 2013, and pled guilty to the charge on May 13, 2013.
The conviction stems from an incident that took place August 15, 2012, when Jackson entered and remained in a residence in Marty, South Dakota, with the intent to commit a crime. Jackson made entry into the residence by walking through an unlocked door, where he surprised the sleeping resident inside the home. The resident woke up, struggled briefly with Jackson, and Jackson ran out of the home. He was arrested a short time later.
The investigation was conducted by the Bureau of Indian Affairs, Law Enforcement Services, and the Federal Bureau of Investigation. The case was prosecuted by Assistant U.S. Attorney Thomas J. Wright.
Jackson will self-surrender to the custody of the U.S. Marshal later this month.McLaughlin Man Sentenced for Assaulting A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man convicted of Assaulting a Federal Officer was sentenced on August 2, 2013, by U.S. District Judge Charles B. Kornmann.
Verle Janis, a/k/a Verl Janis, age 32, was sentenced to 24 months of imprisonment, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Janis was indicted by a federal grand jury on February 13, 2013. He pled guilty to a Superseding Information on April 23, 2013.
The conviction stems from an incident in January of 2013 when a BIA officer was dispatched to the Bear Soldier West housing project in McLaughlin. Upon arrival, the officer observed several individuals in the residence and requested a warrant check. He was advised that Janis was on probation with conditions that prohibited alcohol. When the officer attempted to place the Defendant in handcuffs, he became uncooperative and refused to comply. The officer removed his taser and the Defendant momentarily complied and was placed in the back seat of the patrol unit.
The officer then secured several personal items left in the house by the Defendant, and upon opening the back door to the patrol unit, was kicked in the shoulder by the Defendant. The officer was forced to remove the Defendant from the patrol unit in order to place him in leg restraints. While attempting to secure the Defendant, the officer was kicked in the leg several times.
The investigation was conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Janis was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.Lower Brule Man Sentenced for Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on August 5, 2013, by U.S. District Judge Roberto A. Lange.
Irvin Yazzie, age 24, was sentenced to 17 months of imprisonment, 18 months of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Yazzie was indicted by a federal grand jury on March 13, 2013, and pled guilty to the above charge on April 30, 2013.
The charge stems from an incident wherein Yazzie and his girlfriend, who were staying at a residence in Lower Brule, began arguing about their relationship. During the course of the argument, Yazzie assaulted the victim by striking her with his fists and a black aluminum pole. The victim suffered bruising as a result of the assault.
The investigation was conducted by the Bureau of Indian Affairs. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Yazzie was immediately turned over to the custody of the U.S. Marshals Service.Eagle Butte Man Sentenced for Sexually Assaulting A Person Incapable of ConsentingRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man convicted of Sexual Abuse of a Person Incapable of Consenting was sentenced on August 5, 2013, by U.S. District Judge Roberto A. Lange.
Frank Hill, age 38, was sentenced to 96 months of custody, 5 years of supervised release, and $100 special assessment to the Federal Crime Victims Fund.
Hill was indicted by a federal grand jury on October 16, 2012, and pled guilty to the offense on May 14, 2013.
The conviction arose from an incident in November 2009, when Hill sexually assaulted an adult female victim who was sleeping at her home in Eagle Butte.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Division. The case was prosecuted by Assistant U.S. Attorney Mikal Hanson.
Hill was remanded to the custody of the U.S. Marshal to begin serving his sentence.Mitchell Man Sentenced for Sexual AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mitchell, South Dakota, man convicted of Sexual Abuse was sentenced on August 5, 2013, by U.S. District Judge Roberto A. Lange.
Terace Castaway, age 30, was sentenced to 293 months of imprisonment, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Castaway was indicted by a federal grand jury on November 15, 2012, for Aggravated Sexual Abuse of Children, Sexual Abuse, Sexual Abuse of a Minor, and Abusive Sexual Contact of a Minor. Castaway pled guilty to a Superseding Information on May 6, 2013, that charged him with Sexual Abuse.
The charge stems from an incident wherein Castaway, between the 1st day of August, 2008, and the 31st day of May, 2009, did sexually abuse a young girl while she was in his custody and care. While the victim and her cousins were playing a game of hide and seek, Castaway came into the bathroom where she was hiding and sexually assaulted her while the child was fearful for her life. As part of the plea agreement, Castaway also admitted to sexually abusing three other young girls on several occasions while they were at their grandmother’s home in Lower Brule and Castaway was also staying there.
The investigation was conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Castaway was immediately turned over to the custody of the U.S. Marshals Service.Attorney General Eric Holder Recognizes South Dakota Prosecutor for Outstanding Performance in Indian CountryRead the Press Release
Gregg Peterman, Supervisory Assistant U.S. Attorney in the District of South Dakota, has received national recognition for his work in Indian Country. Peterman was one of 154 members of the Department of Justice (DOJ) who were recognized by Attorney General Eric Holder and Executive Office for U.S. Attorneys (EOUSA) Director H. Marshall Jarrett.
Peterman was honored with a 2013 Director’s Award for Outstanding Performance in Indian Country, one of the highest awards that can be bestowed upon an Assistant U.S. Attorney.
In a letter to Peterman, Attorney General Holder said the following: “In your 17 years of service to support Indian Country, your passion and energy as a prosecutor have made these communities better and safer places to live. You have accomplished this through handling some of the district’s most difficult cases ranging from violent homicides to child sexual abuse cases; through your involvement with working groups and committees; and by training law enforcement agencies on Indian Country issues. You have demonstrated the best of public service and deserve recognition for your commitment to justice.”Originally from Brooklyn, New York, Peterman joined the U.S. Attorney’s Office for the District of South Dakota in 1995. Shortly after joining the office, he showed an interest in working on Indian Country issues, and quickly displayed a passion and energy focused on these cases. Over the years he has handled some of the District’s toughest Indian Country matters, ranging from violent homicides to heart wrenching child sexual abuse cases. He has been involved in numerous national Indian Country working groups and committees, including The Attorney General’s Task Force on Domestic Violence in Indian Country. Peterman is a frequent lecturer on Indian Country issues at the DOJ training center in South Carolina and has provided law enforcement training to hundreds of Indian Country officers. He has co-authored two Indian Country articles for USA Book.
“Gregg Peterman has dedicated over 17 years of his career fighting to deliver justice for victims in Indian Country,” said Brendan Johnson, U.S. Attorney for the District of South Dakota. “Gregg’s compassion, coupled with his tenacity, knowledge, and familiarity with Indian Country, makes him an ideal choice for the Director’s Award. His talent and expertise are valuable tools as we continue our efforts to improve public safety on reservations, and help make the communities safer places to live, work, play, and raise a family.”
Peterman has served as a pathfinder for the nation by leading the first community prosecution project on the Pine Ridge Reservation that was implemented in 2010. Peterman embraced the challenge to have a stronger presence on the reservation, and he successfully created and strengthened relationships by getting out in the communities, working on cases with law enforcement, talking to victims, and steering investigations. The pilot program has proven to be successful in a number of areas and criminal prosecutions have increased.
“Each day the members of the U.S. Attorneys’ community go to work for the citizens of this country with one goal in mind – to do everything they can to protect the rights of all Americans,” said EOUSA Director Jarrett. “I am continually humbled by their resiliency, dedication, and unparalleled work ethic to accomplish this noble mission. Today’s awardees exemplify what it truly means to be a patriot and it is an honor to recognize them for their extraordinary service.”
Peterman was named the Supervisor of the U.S. Attorney’s Rapid City office in early 2012. U.S. Attorney Johnson honored Peterman with the Director’s Award on August 5, 2013.Waubay Man Found Guilty of Murdering DaughterRead the Press Release
United States Attorney Brendan V. Johnson announced that Mario Contreras, age 35, of Waubay, South Dakota, was convicted of Second Degree Murder and Assault Resulting in Serious Bodily Injury as a result of a federal jury trial held in Sioux Falls, South Dakota.
The charges carry a maximum penalty of life imprisonment, a $250,000 fine, or both; 5 years of supervised release; and a $100 special assessment. The murder charge carries a mandatory minimum sentence of 30 years in prison. Contreras was indicted by a federal grand jury for the charges on August 14, 2012.
The victim was born on December 31, 2009, and was murdered by her father on January 9, 2012, just after she turned 2 years old. The victim’s mother and father were never married and were no longer close. The defendant was not very involved in the victims’ first year and a half of her life. On January 4, 2012, the victim’s mother asked Contreras if he could watch her for a few days. Contreras had custody of the victim from January 4th through January 9th, the date of death.
Contreras told investigators that on January 9th his daughter was having a cup of water and a banana and he left the room. He said that is when she fell off the chair and sustained the injuries that cased her death.
The Assistant Medical Examiner of Ramsey County, Minnesota, who performed the autopsy, discovered 18 round bluish-colored contusions on four sides of the victim’s head, indicative of blunt force trauma. He concluded that the multiple contusions and resulting subdural hematoma could not have been caused by a single fall from a chair and that the cause of death was a homicide. Another government expert on child abuse also concluded that the injuries were inconsistent with falling from a chair or table. An additional expert for the government determined that there were small hemorrhages to the retinas and concluded that the child was beaten. Two government experts testified that the chances of such a short fall causing death were “one in a million.”
The trial commenced on Tuesday morning, July 30, and concluded Thursday evening, August 1. After approximately two and a half hours of deliberation, the jury returned a verdict of guilty of Second Degree Murder and guilty of Assault Resulting in Serious Bodily Injury.
This case was investigated by the Federal Bureau of Investigation, the Sisseton-Wahpeton Tribal Law Enforcement Services, and the Bureau of Indian Affairs. The case was prosecuted by Assistant U.S. Attorneys Thomas J. Wright and Jay P. Miller. A presentence investigation was ordered and a sentencing date is set for November 2013.
The defendant was remanded to the custody of the U.S. Marshals Service.
Rapid City Woman Guilty of Drug ConspiracyRead the Press Release
United States Attorney Brendan V. Johnson announced that Diana Bald Eagle, age 39, of Rapid City, South Dakota, appeared before U.S. Magistrate Judge Veronica L. Duffy on July 26, 2013, and pled guilty to a charge of Conspiracy to Distribute a Controlled Substance.
A presentence investigation was ordered. The defendant was remanded to the custody of the U.S. Marshals Service pending sentencing.
The penalty upon conviction is a mandatory minimum of 5 years and up to 40 years' imprisonment, and/or a $5,000,000 fine.
Between August 2009 and February 2013, Bald Eagle conspired with others to distribute methamphetamine on and around the Pine Ridge Indian Reservation.
The investigation was conducted by the Northern Plains Safe Trails Drug Task Force. The case is being prosecuted by Assistant U.S. Attorney Ted L. McBride.Bullhead Man Charged with Domestic Assault by an Habitual OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Bullhead, South Dakota, man has been indicted by a federal grand jury.
Archambault was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
Derek Archambault, a/k/a John Martinez, age 30, was indicted on July 17, 2013, on four counts of Domestic Assault By An Habitual Offender.
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 charges are merely accusations and Archambault is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency. Special Assistant U.S. Attorney Erin Shanley is prosecuting the case.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 indicted by a federal grand jury.
Brandon James Noisy Hawk, age 31, was indicted on July 17, 2013, for failing to register as a sex offender. Noisy Hawk 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 charge is 10 years imprisonment, a $250,000 fine, or both, 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 charge is merely an accusation, and Noisy Hawk 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.
Noisy Hawk was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
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 indicted by a federal grand jury.
Brandon James Noisy Hawk, age 31, was indicted on July 17, 2013, for failing to register as a sex offender. Noisy Hawk 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 charge is 10 years imprisonment, a $250,000 fine, or both, 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 charge is merely an accusation, and Noisy Hawk 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.
Noisy Hawk was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
McLaughlin Man Charged with Burglary and AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury.
Lehi James Demarrias, Sr., age 31, was indicted on July 23, 2013, for Burglary, Assault With a Dangerous Weapon, and Assault Resulting in Serious Bodily Injury. Demarrias 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 of the burglary charge is 25 years of imprisonment. The maximum penalty upon conviction on each of the assault charges is 10 years of imprisonment. All counts include a $250,000 fine, or both; 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 charges are merely accusations, and Demarrias is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Demarrias was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
McLaughlin Man Charged with AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury.
Arnold Schott, age 79, was indicted on July 17, 2013, for Assault By Striking, Beating and Wounding. Schott 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 charge is 6 months imprisonment, a $5,000 fine, or both, up to 5 years of probation, and a $10 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges are merely accusations, and Schott is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency. Special Assistant U.S. Attorney Grant Walker is prosecuting the case.
Schott was released on bond. A trial date has not been set.
Eagle Butte Man Charged with Assault by Striking, Beating and WoundingRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man has been charged by Information with Assault by Striking, Beating and Wounding.
John Maynard, age 50, appeared before U.S. Magistrate Judge Mark A. Moreno on July 26, 2013, and pled not guilty to the charge.
The maximum penalty upon conviction is up to 1 year of custody, a $100,000 fine, or both; 1 year of supervised release; and $25 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to an alleged incident in July 2013 when Maynard struck the victim with a closed fist. The charge is merely an accusation and Maynard 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 Mikal Hanson is prosecuting the case.
Maynard was remanded to the custody of the U.S. Marshals Service pending trial. The trial has been set for September 24, 2013.
McLaughlin Woman Charged with Assaulting A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, woman has been indicted by a federal grand jury.
Rhonda Brown, age 41, was indicted on July 17, 2013, for Assaulting, Resisting and Impeding a Federal Officer. Brown 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 is 20 years of imprisonment, a $250,000 fine, or both; 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 Brown is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Brown was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
White River Man Charged with Failure to Register as A Sex OffenderRead 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 Failure to Register as a Sex Offender.
First In Trouble was released to a third party custodian pending trial. A trial date has been set for September 24, 2013.
Nathan First In Trouble, age 34, was indicted on July 17, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 25, 2013, and pled not guilty to the indictment.
The maximum penalty upon conviction is up to 10 years in custody, a $250,000 fine, or both; life of supervised release; and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge is merely an accusation and First In Trouble is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Tim Maher is prosecuting the case.
White River 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 White River, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Theodore Larvie, age 23, was indicted on June 12, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 25, 2013, and pled not guilty to the charges.
The maximum penalty upon conviction is up to 10 years in custody, a $250,000 fine, or both; 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 Larvie 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.
Larvie was remanded to the custody of the U.S. Marshals pending trial. A trial date has been set for September 24, 2013.
Rosebud Man Charged with First Degree Burglary and Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for First Degree Burglary and Assault with a Dangerous Weapon.
Christian Kelly, age 19, was indicted on July 17, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 26, 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 Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Timothy M. Maher is prosecuting the case.
Kelly was released to a third party custodian pending trial. A trial date has not been set.
Rapid City Man Indicted on Drug ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man was indicted by a federal grand jury for conspiring to distribute marijuana on the Pine Ridge Indian Reservation.
Dustin Hart, age 32, was indicted on July 23, 2013, for Conspiracy to Distribute Controlled Substances. He appeared before U.S. Magistrate Judge Veronica L. Duffy on July 26, 2013, and pled not guilty to the indictment.
The penalty upon conviction is a mandatory minimum of five years imprisonment up to a maximum term of 40 years, and/or a $5,000,000 fine. The charge is merely an accusation and Hart is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Northern Plains Safe Trails Drug Task Force. Assistant U.S. Ted L. McBride is prosecuting the case.
Hart was remanded to the custody of the U.S. Marshal. A trial date has not been set.Cherry Creek Man Sentenced for Sexually Assaulting A Female MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that a Cherry Creek, South Dakota, man convicted of Sexual Contact with a Minor was sentenced on July 25, 2013, by U.S. District Judge Roberto A. Lange.
The investigation was conducted by the Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Division. The case was prosecuted by Assistant U.S. Attorney Mikal Hanson.
Scott Ray Marrowbone, age 37, was sentenced to 24 months in custody, five years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. He must also register as a sex offender.
Marrowbone was indicted by a federal grand jury on October 16, 2012. He pled guilty to Count II of the Indictment—Sexual Contact with a Minor—on January 25, 2013.
The conviction arose from an incident that occurred between May 2005 and October 2007 when Marrowbone sexually assaulted a female minor near Eagle Butte.
Box Elder Man Indicted for Burglary at Ellsworth Air Force BaseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Box Elder, South Dakota, man has been indicted by a federal grand jury for allegedly burglarizing a building at Ellsworth Air Force Base on March 2, 2013.
Corey Roney, age 18, was indicted on July 23, 2013, for third degree burglary, destruction of government property, and larceny. Roney appeared before U.S. Magistrate Judge Veronica L. Duffy on July 25, 2013, and pled not guilty to the indictment.
The maximum penalty upon conviction is 5 years of imprisonment and a $250,000 fine. The charges are merely accusations and Roney is presumed innocent until and unless proven guilty.
The investigation is being conducted by the United States Air Force. Assistant U.S. Attorney Wayne Venhuizen is prosecuting the case.
Roney was released on bond pending trial. A trial date has not been set.Rapid City Man Guilty of Possessing A Stolen GunRead the Press Release
United States Attorney Brendan V. Johnson announced that Sheldon LaPointe, 37, of Rapid City, South Dakota, appeared before Chief Judge Jeffrey L. Viken, U.S. District Court, on July 24, 2013, and pled guilty to a charge of Possession of a Stolen Firearm.
The maximum penalty upon conviction is 10 years’ imprisonment and/or a $250,000 fine.
In October 2012, at Rapid City, LaPointe was given a stolen .45 caliber handgun. The person that gave LaPointe the handgun had informed him it was stolen, and from whom. LaPointe proceeded to hide the gun inside a residence, where it was later retrieved by police.The investigation was conducted by Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Rapid City Police Department. The case is being prosecuted by Assistant U.S. Attorney Eric Kelderman.
A presentence investigation was ordered and a sentencing date will be set. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Man Indicted for Failing to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a man, who was most recently living in California, was indicted by a federal grand jury for failing to update his sex offender registration as required.
Robert Charles Black Cloud, age 59, 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 July 24, 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 Black Cloud is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Special Assistant U.S. Attorney Laura A. Shattuck is prosecuting the case.
Black Cloud was remanded to the custody of the U.S. Marshal. A trial date has not been set.Guilty Plea in Simple Assault CaseRead the Press Release
United States Attorney Brendan V. Johnson announced that Ta-Sunka-Hinz Thunder Hawk, age 18, of Blackfoot, South Dakota, appeared before U.S. District Judge Roberto A. Lange on July 23, 2013, and pled guilty to a Superseding Information that charged him with Simple Assault.
The maximum penalty upon conviction is 6 months of imprisonment and a $5,000 fine, or both. Restitution and a $10 special assessment to the Federal Crime Victims Fund may also be ordered.
The conviction stems from an incident in March of 2013 when Thunder Hawk went into a room at the Tiospaye Topa High School and grabbed the victim in a bear hug. The victim, who was working at the school, was forced to struggle in order to get free.
The investigation was conducted by the Cheyenne River Tribal Law Enforcement Services. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Thunder Hawk was remanded to the custody of the U.S. Marshals Service pending sentencing which has been set for October 14, 2013.Eagle Butte Man Sentenced for Third Degree BurglaryRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man convicted of Third Degree Burglary was sentenced on July 24, 2013, by U.S. District Judge Roberto A. Lange.
Jake Morrison, age 31, was sentenced to 18 months of imprisonment, two years of supervised release, a $100 special assessment to the Federal Crime Victims Fund, and $972.61 in restitution.
Morrison was indicted by a federal grand jury on February 13, 2013, and pled guilty to the indictment on April 30, 2013.
The charge stems from an incident occurring on January 6, 2013, when Morrison, with the help of two other co-defendants, broke into the Chatter Box Corner Café in Timber Lake and stole several bottles of alcohol.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Morrison was immediately turned over to the custody of the U.S. Marshals Service.Blackfoot Man Pleads Guilty to Abusive Sexual Contact with A ChildRead the Press Release
United States Attorney Brendan V. Johnson announced that Ta-Sunka-Hinz Thunder Hawk, age 18, of Blackfoot, South Dakota, appeared before U.S. District Judge Roberto A. Lange on July 23, 2013, and pled guilty to an Indictment that charged him with Abusive Sexual Contact With a Child.
The maximum penalty upon conviction is life imprisonment and a $250,000 fine, or both; and a period of supervised release of a least five years up to life. There is also a $100 special assessment to the Federal Crime Victims Fund and restitution may also be ordered.
The conviction stems from an incident in March of 2013 when Thunder Hawk had sexual contact with a child under the age of 12 at a residence near Blackfoot.
The investigation was conducted by the Cheyenne River Tribal Law Enforcement Services. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Thunder Hawk was remanded to the custody of the U.S. Marshals Service pending sentencing which has been set for October 14, 2013.Two Sentenced for Distribution of A Controlled Substance and Possession with Intent to Distribute A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that a man and a woman from Eagle Butte, South Dakota, were sentenced on July 22, 2013, by U.S. District Judge Roberto A. Lange.
Lena Flying By, age 46, charged with Possession with Intent to Distribute a Controlled Substance, was sentenced to 1 week of imprisonment, a $1,000 fine, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Earl Grindstone, age 28, charged with Distribution of a Controlled Substance, was sentenced to 1 month of imprisonment, a $1,000 fine, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Flying By and Grindstone were indicted by a federal grand jury on February 13, 2013. The charges stem from an incident occurring between September 1, 2012, and September 2, 2012, when Cheyenne River law enforcement conducted a vehicle stop and learned from the driver that he had purchased marijuana from a residence in Eagle Butte. After obtaining a search warrant, law enforcement searched the residence and found marijuana along with other drug paraphernalia. Flying By admitted to aiding and abetting the selling of marijuana in her home and Grindstone admitted to selling marijuana.
A third defendant, Terry Flying By, also of Eagle Butte, convicted of Possession with Intent to Distribute a Controlled Substance, will be sentenced on August 19, 2013.
The investigation was conducted by Cheyenne River Sioux Tribe Law Enforcement and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Flying By is to self-report by August 5, 2013, to serve her one-week sentence and Grindstone was to self-report on July 23, 2013, to start serving his one-month sentence.St. Francis Man Charged with LarcenyRead the Press Release
United States Attorney Brendan V. Johnson announced that John Swift, age 65, of St. Francis, South Dakota, appeared before U.S. District Judge Roberto A. Lange on July 23, 2013, and pled guilty to Larceny.
The maximum penalty upon conviction is 5 years in custody, a $250,000 fine, or both; 3 years of supervised release; and $100 to the Federal Crime Victims Fund.
The conviction stems from incidents that took place between August 1, 2009, and December 31, 2010, when Swift took money and property from the St. Francis Volunteer Fire Department to which he was not entitled.
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 October 7, 2013. The defendant was released on bond pending sentencing.Rosebud Woman Sentenced for Possession with Intent to Distribute MarijuanaRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, woman convicted of Possession with Intent to Distribute Marijuana was sentenced on July 23, 2013, by U.S. District Judge Roberto A. Lange.
Patricia Pacheco, age 23, was sentenced to time served, a $1,000 fine, two years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Pacheco was indicted by a federal grand jury on August 22, 2012, and pled guilty to Count II of the Indictment on April 2, 2013.
The charge stems from an incident on March 21, 2012, wherein Pacheco’s vehicle and residence were searched. Controlled substances, including marijuana and methamphetamine, and drug paraphernalia were found.
The investigation was conducted by the Rosebud Sioux Tribal Law Enforcement and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.Parmelee Man Charged with Aggravated Sexual AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Parmelee, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse.
Daryl Plumman, age 20, was indicted on May 15, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 24, 2013, and pled not guilty to the indictment.
The maximum penalty upon conviction is up to life in custody, a $250,000 fine, or both; life of supervised release; and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge is merely an accusation and Plumman is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Marie H. Ruettgers is prosecuting the case.
Plumman was detained pending trial. A trial date has not been set.Kyle Woman Sentenced for Possessing Vodka on the Pine Ridge Indian ReservationRead the Press Release
United States Attorney Brendan V. Johnson announced that a Kyle, South Dakota, woman convicted of intoxicants possessed unlawfully in Indian country was sentenced on July 24, 2013, by U.S. Magistrate Judge Veronica L. Duffy.
Donna Janis, age 51, was sentenced to one year of probation and ordered to pay $25 to the Federal Crime Victims Fund.
Janis was indicted by a federal grand jury on December 18, 2012, for intoxicants possessed unlawfully in Indian country. Janis was arrested on November 7, 2012, on the Pine Ridge Indian Reservation for assisting two other individuals in transporting 72 bottles of vodka onto the reservation. Janis pled guilty to the charge on May 15, 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 Wayne Venhuizen prosecuted the case.Rapid City Man Guilty of Illegally Possessing A FirearmRead the Press Release
United States Attorney Brendan V. Johnson announced that Shawn Muldoon, age 30, of Rapid City, South Dakota, appeared before U.S. Magistrate Judge Veronica L. Duffy on July 19, 2013, and pled guilty to a charge of Domestic Violence Offender in Possession of a Firearm and Ammunition.
The maximum penalty upon conviction is 10 years' imprisonment and/or a $250,000 fine.
In July 2012, near Rapid City, Pennington County sheriff’s deputies assisted a vehicle stuck on forest service land. The vehicle was occupied by Muldoon and others. During the vehicle search, the deputies located a 9mm handgun and ammunition owned by Muldoon, who is prohibited from possessing firearms due to a 2003 domestic violence conviction.
The investigation was conducted by the Pennington County Sheriff’s Office and the U.S. Forest Service. The case is being prosecuted by Assistant U.S. Attorney Sarah B. Collins.A presentence investigation was ordered and a sentencing date will be set. The defendant was released on bond pending sentencing.
Oglala Man Pleads Guilty to Assaulting A WomanRead the Press Release
United States Attorney Brendan V. Johnson announced that Billy Bores a Hole, age 28, of Oglala, South Dakota, appeared before U.S. Magistrate Judge Veronica L. Duffy on July 19, 2013, and pled guilty to a charge of Assault with a Dangerous Weapon.
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.
The maximum penalty upon conviction is 10 years' imprisonment and/or a $250,000 fine.
In March 2013, at Oglala, Bores a Hole assaulted a woman by kicking her and stabbing her in the head, neck, back, and stomach, causing life-threatening injuries.
The investigation was conducted by the Bureau of Indian Affairs Office of Justice Services and the Oglala Sioux Tribe Department of Public Safety. The case is being prosecuted by Assistant U.S. Attorney Sarah B. Collins.Fort Thompson Man Charged with Felon in Possession of FirearmRead 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.
Bryant James Ross, age 39, was indicted by a federal grand jury on July 17, 2013, for Felon in Possession of Firearm. Ross appeared before U.S. Magistrate Judge Mark A. Moreno on July 19, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 10 years of imprisonment, a $250,000 fine, or both; 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 Ross is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Ross was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.Florida Man Sentenced for Selling Counterfeit GoodsRead the Press Release
United States Attorney Brendan V. Johnson announced that an Ormand Beach, Florida, man convicted of Trafficking in Counterfeit Goods or Services was sentenced on July 18, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Nir Giist, age 55, was sentenced to one year of probation, ordered to pay a $10,000 fine, and $70,000 in restitution to the victims, which include Monster Energy, The North Face, American Eagle, and Rovio Entertainment (Angry Birds.) Giist also owes $100 to the Federal Crime Victims Fund.
Between February 2010 and August 2011, Giist intentionally sold counterfeit, wearable items through a corporation named Sturgis Black Hills Rally S.D., LLC. Through that corporation, Giist and others owned or leased seven stores in the Black Hills where they sold counterfeit products, as well as legitimate products. The sale of the counterfeit goods, such as t-shirts, hats, pants, shorts, and other wearable items, were deliberately designed and marketed to deceive consumers, and violated the trademarks held by the victims.
“This case serves as a timely reminder that with an event the magnitude of the upcoming Sturgis Motorcycle Rally, there is an increased chance of counterfeit goods being sold or counterfeit money being used. I urge the public to be aware, and if there is a suspicion of counterfeit trafficking, they should contact law enforcement authorities immediately,” cautioned Johnson.
U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) will have special agents on hand at the 2013 Sturgis Motorcycle Rally to investigate allegations of illegal counterfeiting of trademark items.
"HSI takes violations of copyright and trademark laws seriously," said Eugene Paulauskas, acting deputy special agent in charge of HSI St. Paul, which covers South Dakota. “We will continue to pursue criminals who break these laws at events such as these in order to protect the public's health and safety.”
This case was investigated by HSI. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.California Man Charged with Sexual Exploitation of A Child and Distribution of Material Involving the Sexual Exploitation of MinorsRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sacramento, California, man has been indicted by a federal grand jury for Sexual Exploitation of a Child and Distribution of Material Involving the Sexual Exploitation of Minors.
Neal LaPointe, age 30, was indicted by a federal grand jury on June 12, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 22, 2013, and pled not guilty to the indictment.
The maximum penalty upon conviction is up to 30 years in custody, a $250,000 fine, or both; life of supervised release; and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge is merely an accusation and LaPointe is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, South Dakota Division of Criminal Investigation, South Dakota Internet Crimes Against Children Task Force, Rosebud Sioux Tribe Law Enforcement Services, Bureau of Indian Affairs, Pennington County Sheriff’s Office, Rapid City Police Department, Sioux Falls Police Department and the U.S. Marshals Service. U.S. Attorney Brendan Johnson and Assistant U.S. Attorneys Tim Maher and Sarah Collins are prosecuting the case.
LaPointe was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for September 10, 2013.Yankton Man Indicted in Methamphetamine ConspiracyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Yankton, South Dakota, man has been indicted by a federal grand jury for his participation in a methamphetamine distribution conspiracy.
Richard Allen Schaefer, age 42, was indicted by a federal grand jury on July 9, 2013, for conspiracy to distribute 500 grams or more of methamphetamine. He appeared before U.S. Magistrate Judge John E. Simko on July 17, 2013, and pled not guilty to the indictment.The charge carries a mandatory minimum penalty of 10 years and a maximum penalty of life in prison and/or a $10 million fine. The charge is merely an accusation and Schaefer is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Sioux Falls Police Department, the S.D. Division of Criminal Investigation, and the U.S. Drug Enforcement Administration. Assistant U.S. Attorney John E. Haak is prosecuting the case.
Schaefer was remanded to the custody of the U.S. Marshal. A trial date has not been set.Texas Man Indicted for Failure to Pay Child SupportRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lockhart, Texas, man has been indicted by a federal grand jury for Failure to Pay Child Support.
Dylan L. Warner, age 30, was indicted by a federal grand jury on November 6, 2012, for failing to pay over $13,300 in past due child support. He appeared before U.S. Magistrate Judge John E. Simko on July 18, 2013, and pled not guilty to the indictment.
The maximum penalty upon conviction is two years' imprisonment and/or a $250,000 fine, one year supervised release, one additional year upon revocation, a $100 assessment fee to the Federal Crime Victims Fund, and child support restitution amount owing at the time of sentencing.
The charge is merely an accusation and Warner 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.
Warner was released on bond pending trial. A trial date has not been set.Pine Ridge Couple Sentenced for Involuntary ManslaughterRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, couple convicted of Involuntary Manslaughter were sentenced on July 11, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Whitnee Eagle, age 25, and Abraham Silas Red Cloud, age 31, were each sentenced to nine months' custody, three years of supervised release, and ordered to pay $100 to the Federal Crime Victims Fund.
Eagle and Red Cloud were indicted for Felony Child Abuse and Neglect and Involuntary Manslaughter by a federal grand jury on July 24, 2012. The charges stemmed from an incident on June 26, 2012, when Eagle and Red Cloud had been drinking large quantities of alcohol, rolled over on their five-month-old son who was sleeping in the same bed, and suffocated him.
Eagle pled guilty to Involuntary Manslaughter on March 12, 2013, and Red Cloud pled guilty to Involuntary Manslaughter on March 13, 2013.
This case was investigated by 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 Eric Kelderman prosecuted the case.
Eagle and Red Cloud were immediately turned over to the custody of the U.S. Marshal.Oglala Man Sentenced for Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that an Oglala, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on July 8, 2013, by Chief Judge Jeffrey L. Viken, United States District Court.
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 Sarah B. Collins prosecuted the case.
Tristan Yellow Horse, age 27, was sentenced to 18 months’ imprisonment and ordered to pay $100 to the Federal Crime Victims Fund.
On February 7, 2011, the victim and others were drinking alcohol and watching the Super Bowl at the victim’s house. Yellow Horse showed up at the victim’s house following the game and was eventually asked to leave. As he was being walked to the door, Yellow Horse punched the victim in the face and knocked him to the ground, causing a dislocated shoulder resulting in extreme pain. He pled guilty on March 8, 2013.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.
Kyle Marks, age 29, was indicted by a federal grand jury on June 12, 2013, for Failure to Register as a Sex Offender. Marks appeared before U.S. Magistrate Judge Mark A. Moreno on July 17, 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 of supervised release and an additional mandatory minimum term of 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 Marks is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service and Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case. Marks was remanded to the custody of the U.S. Marshals Service. A trial date has not yet been set.Florida Man Indicted for Failure to Pay Child SupportRead the Press Release
United States Attorney Brendan V. Johnson announced that a West Palm Beach, Florida, man has been indicted by a federal grand jury for Failure to Pay Child Support.
Chadwick T. Chapman, age 26, was indicted by a federal grand jury on June 4, 2013, for failing to pay over $12,898 in past due child support. He appeared before U.S. Magistrate Judge William D. Gerdes on July 16, 2013, and pled not guilty to the indictment.
The maximum penalty upon conviction is two years' imprisonment; a $250,000 fine, one year supervised release, one additional year upon revocation, a $100 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 Chapman 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.
Chapman was released on bond pending trial. A trial date has been set for September 24, 2013.Florida Man Charged with Attempted Enticement of A Minor Using the Internet and Attempted Sexual Exploitation of A ChildRead the Press Release
United States Attorney Brendan V. Johnson announced that a Bushnell, Florida, man has been indicted by a federal grand jury.
Seth Stone, age 24, was indicted on May 15, 2013, for the Attempted Enticement of a Minor Using the Internet and Attempted Sexual Exploitation of a Child.
Stone was arrested in Florida on June 3, 2013, and appeared before U.S. Magistrate Judge Mark A. Moreno in Pierre, South Dakota, on July 18, 2013, and pled not guilty to the Indictment.
The maximum penalty upon conviction is a mandatory minimum of 10 years up to a maximum of life imprisonment on the enticement of a minor charge, and a mandatory minimum of 15 years up to a maximum of 30 years imprisonment on the sexual exploitation charge. Both counts include a $250,000 fine and term of supervised release of 5 years up to life for each violation, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges are merely accusations, and Stone 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.
Stone was released to a 3rd party custodian with conditions pending trial. A trial date has not been set.Two from Waubay Area Indicted on Assault and Robbery ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that two individuals from the Waubay, South Dakota, area have been indicted by a federal grand jury for Assault with Intent to Commit Murder, Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and Robbery.
Beverly A. Gill, age 43, and Tyler G. Sullivan, age 29, were indicted by a federal grand jury on June 18, 2013. Gill appeared before U.S. Magistrate Judge William Gerdes on June 24, 2013, and Sullivan appeared before Judge Gerdes on July 16, 2013. Both 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 an additional 2 years upon revocation; and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges are merely an accusation and Gill and Sullivan are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Day County Sheriff’s Office and the Federal Bureau of Investigation. Assistant U.S. Attorney Thomas J. Wright is prosecuting the case.
Gill was released on bond, and Sullivan was remanded to the custody of the U.S. Marshal. A trial date has not been set.California Man Pleads Not Guilty to Child Support ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that an Anaheim, California, man has been indicted by a federal grand jury for Failure to Pay Legal Child Support.
Richard A. Wade, age 42, was indicted by a federal grand jury on July 6, 2011, for failing to pay over $21,822 in past due child support. He appeared before U.S. Magistrate Judge John E. Simko on July 16, 2013, and pled not guilty to the indictment.
The maximum penalty upon conviction is 2 years' imprisonment, a $250,000 fine, or both; 1 year of supervised release and 1 additional year of supervised release upon revocation; a $100 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 Wade 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.
Wade was released on bond pending trial. A trial date has been set for September 24, 2013.