District of South Dakota
Press releases recorded for this federal judicial district.
Two Men Plead Guilty to Unlawful Taking of Migratory Birds and Lacey Act ViolationsRead the Press Release
United States Attorney Brendan V. Johnson announced that Aaron Eich, age 29, of Sioux Falls, South Dakota, and Chris Paclik, age 21, of Brookings, South Dakota, both appeared before U.S. Magistrate Judge John E. Simko on July 15, 2013, and pled guilty to the Unlawful Taking of Migratory Birds and Lacey Act Violations. They were charged by Information and Eich pled guilty to Count V of the Information that charged him and Paclik pled guilty to Count IV.
For both men, the maximum penalty upon conviction is 1 year of imprisonment, a $100,000 fine, or both; 1 year of supervised release and an additional year of supervised release upon revocation; and a $25 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges stem from an incident wherein Eich and Paclik, along with a group of friends known as “Team Those Guys” hunted between November 24, 2012, and November 29, 2012, in Miner County, South Dakota. Eich illegally killed 65 geese and Paclik illegally killed 54 geese, both using an electronic device. Eich and Paclik admitted they knew it was illegal to use said device while goose hunting during this time of the year. After killing the geese, Eich, Paclik and others transported the dead geese from the field to various locations, in violation of federal law.
The investigation was conducted by the U.S. Fish & Wildlife Service. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the cases.
Both were released on bond pending sentencing. Eich is scheduled to be sentenced on September 5, 2013, and Paclik’s sentencing date is set for August 19, 2013.Sioux Falls Man Pleads Guilty and Is Sentenced for Unlawful Taking of Migratory Birds and Lacey Act ViolationsRead the Press Release
United States Attorney Brendan V. Johnson announced that Travis Vacek, age 34, of Sioux Falls, South Dakota, has pled guilty to Count II of the Amended Information that charged him with Unlawful Taking of Migratory Birds and Lacey Act Violations.
Vacek was sentenced on July 15, 2013, by U.S. Magistrate Judge John E. Simko to 1 year probation, $1,350 in restitution, a $200 fine, and a $25 special assessment to the Federal Crime Victims Fund. Vacek’s hunting privileges were also revoked for 1 year.
The charges stem from an incident wherein Vacek, along with a group of friends known as “Team Those Guys” hunted on November 24, 2012, in Miner County, South Dakota. Vacek illegally killed 18 geese using an electronic device. Vacek admitted he knew it was illegal to use said device while goose hunting during this time of the 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. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.Minnesota Woman Sentenced for Failure to Pay Child SupportRead the Press Release
United States Attorney Brendan V. Johnson announced that an Inver Grove Heights, Minnesota, woman charged with Failure to Pay Legal Child Support pled guilty and was sentenced on July 15, 2013, by U.S. District Court Judge Karen E. Schreier.
Allison R. Konstanz, age 35, was sentenced to five years of probation, a $100.00 special assessment to the Federal Crime Victims Fund, and child support restitution in the amount of $39,033.55.
Konstanz was indicted by a federal grand jury on January 8, 2013, for failing to pay over $39,428.00 in past due child support. She was ordered by the First Judicial Circuit Court, Bon Homme County, South Dakota, to pay $459.07 per month for her minor child, commencing April 1, 2001. At the time of indictment, she had not made a child support payment since February of 2011, and the total arrearage amount was $39,428.34.
This case was investigated the Department of Health and Human Services, Office of Inspector General Assistant U.S. Attorney Thomas J. Wright prosecuted the case.
The defendant was released from custody.Michigan Man Sentenced for Lacey Act ViolationRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rockford, Michigan, man has pled guilty and been sentenced for a Lacey Act Violation.
Robert Klawieter, age 56, appeared before U.S. Magistrate Judge John E. Simko on July 15, 2013, and pled guilty. Klawieter was sentenced to 1 year unsupervised probation, a $2,500 fine, $1,000 in restitution, and a $25 special assessment to the Federal Crime Victims Fund. He was charged by an Information filed on April 3, 2013.
The charges stem from an incident occurring in November 2011 in which Klawieter did knowingly transport, sell, receive, and acquire one white-tailed buck deer in interstate commerce from South Dakota to Michigan, when he did not have the proper tag for the illegally harvested deer.
The investigation was conducted by the U.S. Fish and Wildlife Service. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.Madison Man Pleads Guilty to Passing Counterfeit United States CurrencyRead the Press Release
United States Attorney Brendan V. Johnson announced that Adrian Daniel Logan, age 26, of Madison, South Dakota, appeared before U.S. District Judge Karen E. Schreier on July 17, 2013, and pled guilty to Passing Counterfeit United States Currency.
The maximum penalty upon conviction is 20 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 an incident that took place on January 10, 2013, when Adrian purchased a bottle of pop from the La Tapatia Mexican Store in Sioux Falls, and paid for it with a counterfeit $20 bill. After receiving genuine currency as change from the store clerk, Logan attempted to pass another counterfeit $20 bill by requesting change for it. When the cashier recognized the second bill as counterfeit, Logan fled the store.
The investigation was conducted by the Madison Police Department, the Sioux Falls Police Department, and the U.S. Secret Service. The case is being prosecuted by Assistant U.S. Attorney Jeffrey C. Clapper.
A presentence investigation was ordered and a sentencing date was set for October 7, 2013. The defendant was released on bond pending sentencing.Canistota Woman Charged with Making and Subscribing False Tax ReturnsRead the Press Release
United States Attorney Brendan V. Johnson announced that a Canistota, South Dakota, woman has been indicted by a federal grand jury for making and subscribing false tax returns.
Veronica Fairchild, age 41, was indicted by a federal grand jury on July 9, 2013. She 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 up to 3 years in custody, a $250,000 fine, or both; 1 year of supervised release and an additional year upon revocation; and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge is merely an accusation and Fairchild is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Internal Revenue Service. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Fairchild was released pending trial. A trial date has not been set.Brookings Man Pleads Guilty to Unlawful Taking of Migratory Birds and Lacey Act ViolationsRead the Press Release
United States Attorney Brendan V. Johnson announced that Chris Paclik, age 21, of Brookings, South Dakota, appeared before U.S. Magistrate Judge John E. Simko on July 15, 2013, and pled guilty to Count IV of the Information that charged him with Unlawful Taking of Migratory Birds and Lacey Act Violations.
The maximum penalty upon conviction is 1 year of imprisonment, a $100,000 fine, or both; 1 year of supervised release, an additional year of supervised release upon revocation; and a $25 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges stem from an incident wherein Paclik, along with a group of friends known as “Team Those Guys” hunted between November 24, 2012, and November 29, 2012, in Miner County, South Dakota. Paclik illegally killed 54 geese using an electronic device. Paclik admitted he knew it was illegal to use said device while goose hunting during this time of the year. After killing the geese, Paclik transported 11 of them from the field to his home in Brookings, in violation of federal law.
The investigation was conducted by the U.S. Fish & Wildlife Service. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Paclik was released on bond pending sentencing which has been set for August 19, 2013.Wanblee Man Indicted on 15 Counts of Sexual Abuse and IntimidationRead the Press Release
United States Attorney Brendan V. Johnson announced that a Wanblee, South Dakota, man has been indicted by a federal grand jury for allegedly sexually abusing and intimidating members of his family between 2006 and 2010.
Charles Chipps, age 65, was indicted by a federal grand jury on June 18, 2013, for seven counts of Aggravated Sexual Abuse of a Minor, three counts of Abusive Sexual Contact of a Minor, three counts of Aggravated Incest, and two counts of Witness Intimidation.
Chipps appeared before U.S. Magistrate Judge Veronica L. Duffy on July 10, 2013, and pled not guilty to the indictment. Chipps faces a mandatory minimum of 30 years’ imprisonment up to a maximum of life imprisonment upon conviction and a $250,000 fine.
The charges are merely accusations and Chipps is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.
Chipps was remanded to the custody of the U.S. Marshal. A trial date has been set for September 17, 2013.
If you have any additional information on this case, please call the Federal Bureau of Investigation at (605) 343-9632.St. Francis Man Charged and Sentenced for Assault by Striking, Beating, and WoundingRead the Press Release
United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota, man convicted of Assault by Striking, Beating and Wounding has pled guilty to the charges and was sentenced on July 12, 2013, by U.S. Magistrate Judge Mark A. Moreno.
Andre DeShazier, age 55, was sentenced to 1 year probation and $25 to the Federal Crime Victims Fund.
The conviction stems from an incident that took place on April 4, 2013, when DeShazier punched the victim in the head.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Tim Maher. DeShazier was released.Lower Brule Woman Sentenced for Simple AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that Deborah Beardsley, age 50, of Lower Brule, South Dakota, pled guilty to a Superseding Information that charged her with Simple Assault.
Beardsley was sentenced on July 15, 2013, by U.S. Magistrate Judge Mark A. Moreno to 6 months of imprisonment and a $10 special assessment to the Federal Crime Victims Fund.
The charge stems from an incident occurring on February 12, 2013, when Beardsley and her uncle were drinking together and an argument ensued about Beardsley’s daughter. Beardsley became upset at the victim and retrieved a butcher knife, raised it shoulder high and swung it down in an attempt to stab the victim. The victim was able to avoid being stabbed, but both parties have stipulated that Beardsley swung the knife with the intent to do bodily harm to the victim.
The investigation was conducted by the Bureau of Indian Affairs, and Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Beardsley was immediately turned over to the custody of the U.S. Marshals Service.Father and Son Charged with Tax EvasionRead the Press Release
United States Attorney Brendan V. Johnson announced that a father and son have been indicted by a federal grand jury for tax evasion.
Theodore John Nelson, Jr., a/k/a Ted Nelson, age 66, and Steven A. Nelson, age 43, both of Letcher, South Dakota, face charges of conspiracy to defraud the United States, multiple counts of failure to file income tax returns, and impeding the Internal Revenue Service.
They appeared before U.S. Magistrate Judge John E. Simko on July 10, 2013, and pled not guilty to the charges.
Upon conviction, the maximum penalty for the conspiracy charge is 5 years in prison and/or a $250,000 fine, plus restitution. The failure to file charges each carry a maximum penalty of 1 year in prison and/or a $10,000 fine, plus restitution. The impeding charge carries a maximum penalty of 3 years in prison and/or a $5,000 fine.
The charges are merely accusations and both men are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Internal Revenue Service. Assistant U.S. Attorney John E. Haak is prosecuting the case.
Both men were released on bond pending trial, which has been set for September 10, 2013.Additional Indictments in Operation Black WidowRead the Press Release
United States Attorney Brendan V. Johnson announced that two Watertown, South Dakota, men have been indicted by a federal grand jury for their involvement in a drug conspiracy that is part of Operation Black Widow.
In May of 2013, ten individuals were arrested and indicted as part of Operation Black Widow, an extensive multi-year investigation into a wide variety of alleged criminal activity, including illegal gun and drug trafficking.
William Patrick Holmes, age 42, and Todd Karl Bramer, age 46, were indicted by a federal grand jury on July 9, 2013, for conspiracy to distribute 100 kilograms or more of marijuana. They appeared before U.S. Magistrate Judge John E. Simko on July 11, 2013, and pled not guilty to the indictment.
If convicted, the two face a mandatory minimum of 5 years and a maximum of 40 years in custody. The charge is merely an accusation and both men are presumed innocent until and unless proven guilty.
The previously filed indictment that charged six individuals with conspiracy to distribute 50 grams or more of methamphetamine was superseded to add the marijuana conspiracy count. Two of the methamphetamine conspiracy defendants, Eric Allen Block and Patricio Rodriguez Pena, were also charged with Holmes and Bramer in the marijuana conspiracy.
The investigation is being led by the U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives, with assistance from the Watertown Police Department, the Codington County Sheriff, the SD Division of Criminal Investigation, and the Drug Enforcement Administration.
Both Holmes and Bramer were released on bond pending trial.Sioux Falls Man Sentenced to 30 Years for Child Sex TraffickingRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota, man convicted of two counts of Sex Trafficking of a Child has been sentenced to 30 years in prison.
Emmanuel William Nyuon, age 34, appeared before U.S. District Judge Karen E. Schreier today and was sentenced to 360 months on each of the two counts of Sex Trafficking of a Child by Force, Fraud, or Coercion and Conspiracy to Engage in Sex Trafficking of a Child, with the sentences to run concurrently. Nyuon was also sentenced to 10 years supervised release, a $5,000 fine, and a $200 special assessment. A federal jury found Nyuon guilty of these charges on April 5, 2013.
“The sentence handed down today to Emmanuel Nyuon amplifies our message to commercial sex traffickers. Do not set up shop in South Dakota,” said U. S. Attorney Johnson. “With nine convictions, two life sentences, and others being sent away for decades, we have a prosecution rate that sends a clear and critical message that human trafficking will be not tolerated.”In the spring of 2011, the Sioux Falls Police Department (SFPD) Street Crimes Unit began investigating a criminal organization operating in and around Sioux Falls. Witnesses identified several individuals they claimed had been selling narcotics and prostitutes, which included Emmanuel Nyuon. In January of 2012, the SFPD requested federal assistance, and a team consisting of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Federal Bureau of Investigation, the SFPD, and the South Dakota Division of Criminal Investigation began investigating the case.
Johnson also added, “I want to recognize the law enforcement agencies that were involved in this investigation. No one entity can address this problem, and our partnerships are critical as we weed out traffickers in our state.” Johnson recently announced the formation of a Human Trafficking Task Force in South Dakota that will be comprised of law enforcement partners on the federal, state, and local levels.
Assistant U.S. Attorneys Kevin Koliner and Jeff Clapper prosecuted the case. Nyuon was remanded to the custody of the U.S. Marshal to begin serving his sentence.This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Rosebud Man Charged and Sentenced for Assault by Striking, Beating, and Wounding and Simple AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of assault charges has pled guilty and was sentenced on July 12, 2013, by U.S. Magistrate Judge Mark A. Moreno.
Kenneth Black Wolf, age 24, was sentenced to 12 months’ probation for Assault by Striking, Beating and Wounding, and 6 months’ probation for Simple Assault. He was also ordered to pay $20 to the Federal Crime Victims Fund.
The conviction stems from an incident that took place on January 28, 2013, when Black Wolf struck and bit the victim’s nose during an altercation.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Marie H. Ruettgers. Black Wolf was released.Rapid City Man Sentenced for Failing to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on July 10, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Flute was immediately turned over to the custody of the U.S. Marshal.
Wilbur Toledo Flute, age 39, was sentenced to 12 months and one day of imprisonment, 5 years of supervised release, and ordered to pay $100 to the Federal Crime Victims Fund.
Flute was indicted for Failure to Register as a Sex Offender by a federal grand jury on March 19, 2013. From November 28, 2012, to February 27, 2013, Flute failed to update his sexual offender registration as required. He pled guilty to the charge on April 12, 2013.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Manderson Man Sentenced for Stolen Vehicle ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that a Manderson, South Dakota, man convicted of Interstate Transportation of Stolen Motor Vehicle was sentenced on July 10, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Clayton J. Fire Thunder, age 28, was sentenced to time served, one year of supervised release, and ordered to pay $100 to the Federal Crime Victims Fund.
Fire Thunder was indicted for Larceny and Interstate Transportation of a Stolen Motor Vehicle by a federal grand jury on March 20, 2012, and pled guilty to the second charge on March 13, 2013.
The conviction stems from an incident on January 13, 2012, at White Clay, Nebraska, wherein Fire Thunder stole a pickup truck and led police units on a chase around the Pine Ridge Indian Reservation before being cornered by the police.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Kentucky Man Sentenced in Extortion SchemeRead the Press Release
United States Attorney Brendan V. Johnson announced that a Middlesboro, Kentucky, man was sentenced for extortion on July 15, 2013, by U.S. District Judge Karen E. Schreier.
Justin Howard, age 25, was sentenced to 21 months in custody, followed by 1 year of supervised release, and ordered to pay restitution in the amount of $53,625.25.
Howard was indicted by a federal grand jury on September 11, 2012, for extortion. He pled guilty to the offense on April 22, 2013.
From August 2011 to July 2012, Howard made telephone calls and sent written messages to a South Dakota man in which Howard threatened to reveal information about the victim’s sexuality unless the victim paid money to Howard. In response to the threats, the victim sent numerous payments to Howard, totaling $53,625.25.The victim reported the crime to law enforcement, resulting in Howard’s arrest.
This case was investigated by the Minnehaha County Sheriff’s Office and the Federal Bureau of Investigation. U.S. Attorney Brendan V. Johnson and Assistant U.S. Attorney John E. Haak prosecuted the case.
Howard was immediately turned over to the custody of the U.S. Marshal.Kadoka Man Indicted for Burglary, Destruction of Government Property and TheftRead the Press Release
United States Attorney Brendan V. Johnson announced that a Kadoka, South Dakota, man has been indicted by a federal grand jury for allegedly unlawfully entering the Indian Health Service Clinic at Wanblee and stealing prescription pills on July 5, 2013.
Lynn Standing Bear, age 20, was indicted by a federal grand jury on July 9, 2013, for Third Degree Burglary, Destruction of Government Property and Theft in Connection with Health Care.
Standing Bear appeared before U.S. Magistrate Judge Veronica L. Duffy on July 10, 2013, and pled not guilty to the indictment. The maximum penalty upon conviction is 10 years' imprisonment and a $250,000 fine.
The charges are merely accusations and Standing Bear is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety and the Department of Health and Human Services, Office of Inspector General. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Standing Bear was remanded to the custody of the U.S. Marshal. A trial date has been set for September 17, 2013.St. Francis Man Charged with Abusive Sexual ContactRead the Press Release
United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota man has been indicted by a federal grand jury on two counts of Abusive Sexual Contact.
Alfred Theodore Boneshirt, age 59, was indicted on June 12, 2013. Boneshirt appeared before U.S. Magistrate Judge Mark A. Moreno on July 10, 2013 and pled not guilty to the indictment.
The maximum penalty upon conviction is any term of years up to life imprisonment, a $250,000 fine, or both; 5 years up to life of supervised release; and a mandatory $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges are merely accusations, and Boneshirt 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.
Boneshirt was released to third party custodians pending trial. A trial date has not been set.
# # #Mission Woman Charged with Second Degree BurglaryRead the Press Release
United States Attorney Brendan V. Johnson announced that Monique Flood, age 19, of Mission, South Dakota, appeared before U.S. District Judge Roberto A. Lange on July 11, 2013, and pled guilty to Second Degree Burglary.
The maximum penalty upon conviction is 15 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 an incident that took place on January 16, 2013, when Flood and others burglarized homes on the Rosebud Reservation and took property that did not belong to them.
The investigation was conducted by 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 September 30, 2013. The defendant was released from custody until August 13, 2013, when she must self-report to the custody of the U.S. Marshals Service.
# # #Mission Man Sentenced for Abusive Sexual ContactRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of Abusive Sexual Contact was sentenced on July 11, 2013, by U.S. District Judge Roberto A. Lange.
Eddie Hummingbird, age 48, was sentenced to 24 months in custody, 5 years of supervised release, $100 to the Federal Crime Victims Fund, and ordered to register as a sex offender.
Hummingbird was indicted by a federal grand jury on August 22, 2012, and pled guilty to the charge on March 4, 2013.
The conviction stems from an incident that took place on April 14, 2012, when Hummingbird sexually abused the victim.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Tim Maher.
Hummingbird was remanded to the custody of the U.S. Marshal.
# # #Little Eagle Woman Sentence on Assault ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Little Eagle, South Dakota, woman convicted of Assault By Striking, Beating and Wounding and Simple Assault was sentenced on July 10, 2013, by U.S. Magistrate Judge William D. Gerdes.
Emily Rose Yellow Earrings, age 50, was sentenced to 10 months in custody and a $20 special assessment to the Federal Crime Victims Fund.
Yellow Earrings was indicted by a federal grand jury on November 8, 2011. On April 19, 2013, she pled guilty to a superseding information.
The conviction stems from an incident during the early morning hours of March 6, 2010, when the defendant was attending a social gathering. Also present at the gathering was the victim and the defendant's brother, who had previously been in a relationship. The defendant began an argument with the victim, became enraged, and struck the victim on top of the head. A struggle ensued and the victim was again struck by the defendant in the face.
The investigation was conducted by the Federal Bureau of Investigation. The case was prosecuted by Assistant U.S. Attorney Troy Morley.
Yellow Earrings must self-report to the U.S. Marshals Service no later than July 23, 2013 to begin serving her sentence.
# # #Eagle Butte Man Pleads Guilty to Distribution of A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that Sylvan Charles Brown III, age 30, of Eagle Butte, South Dakota, appeared before U.S. District Judge Roberto A. Lange on July 11, 2013, and pled guilty to Count II 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; a mandatory period of 3 years up to life 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 November 14, 2012, when Brown distributed methamphetamine. The suspected methamphetamine was sent to the lab for analysis and tested positive.
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.
Brown was remanded to the custody of the U.S. Marshals Service pending sentencing which has been set for September 30, 2013.
# # #Eagle Butte Man Pleads Guilty to Assaulting A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that Colton White Feather, age 18, of Eagle Butte, South Dakota, appeared before U.S. District Judge Roberto A. Lange on July 11, 2013, and pled guilty to the Indictment that charged him with Assaulting a Federal Officer.
The maximum penalty upon conviction is 8 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 November 23, 2012, when two Cheyenne River Sioux Tribal Police Officers were called to the defendant’s residence in Eagle Butte to respond to a fight between White Feather and another person. After arriving and being let into the house, one of the officers had contact with the defendant in a back bedroom. During that contact, the defendant became upset when he learned he was going to be arrested for underage consumption, and to avoid arrest he had physical contact with the officer. At the time of the unlawful assault, the police officer was engaged in the performance of his official duties as law enforcement.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Mikal Hanson prosecuted the case. White Feather was remanded to the custody of the U.S. Marshals Service pending sentencing which has been set for September 30, 2013.
# # #Bonesteel Woman Charged with Child AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Bonesteel, South Dakota, woman has been indicted by a federal grand jury for Child Abuse.
Maria Janis, age 35, was indicted by a federal grand jury on April 12, 2013. She appeared before U.S. Magistrate Judge Mark A. Moreno on July 11, 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; 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 Janis is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Tim Maher is prosecuting the case.
Janis was released to a third party custodian pending trial. A trial date has been set for August 13, 2013.
###Wounded Knee Man Charged with Sexual Abuse of A MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that Berdell Christopher Shot, age 29, of Wounded Knee, South Dakota, appeared before U.S. District Judge Roberto A. Lange on July 10, 2013, and pled guilty to Sexual Abuse of a Minor.
The maximum penalty upon conviction is 15 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 or about November 19, 2012, when Shot had sexual contact with the victim.
The investigation was conducted by 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 September 30, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
# # #Rosebud Man Charged with Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that Dwight Black Spotted Horse, age 28, of Rosebud, South Dakota, appeared before U.S. District Judge Roberto A. Lange on July 8, 2013, and pled guilty to Failure to Register as a Sex Offender.
The maximum penalty upon conviction is 10 years in custody, a $250,000 fine, or both; life of supervised release; and $100 to the Federal Crime Victims Fund.
On October 13, 2006, Black Spotted Horse was convicted of Sexual Abuse of a Minor. The Court sentenced Black Spotted Horse to 70 months in custody, three years of supervised release, and ordered that he register as a sex offender. He began his term of supervised release on August 27, 2011. Black Spotted Horse absconded from supervised release on April 1, 2013, and failed to register a new address by April 4, 2013, as required by the Sex Offender Notification Act.
The investigation was conducted by the U.S. Marshals Service. 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 September 30, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
# # #Pukwana Man Sentenced for Simple Assault and Assault by Striking, Beating and WoundingRead the Press Release
United States Attorney Brendan V. Johnson announced that Samuel Antelope, age 32, of Pukwana, South Dakota, pled guilty to an Information that charged him with Simple Assault and Assault by Striking, Beating and Wounding.
Antelope was sentenced on July 10, 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 and a $20 special assessment to the Federal Crime Victims Fund.
The charges stem from an incident occurring on November 3, 2012, when one of the victims was with her boyfriend at her Fort Thompson home. In the early evening, the second victim, her boyfriend, and Antelope came over to drink alcohol. An argument began between the partygoers. The argument turned physical, and Antelope struck the victims multiple times with his hands and fists.
One victim suffered a black eye, multiple bruises and swelling to her face and body. The second victim suffered an upper lip laceration that required three stitches to repair.
The investigation was conducted by the Bureau of Indian Affairs. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Antelope was immediately turned over to the custody of the U.S. Marshals Service.
# # #White River Woman Sentencd for Simple Assaultand Aiding and AbettingRead the Press Release
United States Attorney Brendan V. Johnson announced that a White River, South Dakota woman convicted of Simple Assault and Aiding and Abetting was sentenced on July 8, 2013, by U.S. Magistrate Judge Mark A. Moreno.
Ashley Vanderwalker, age 25, was sentenced to 12 months’ probation and $10 to the Federal Crime Victims Fund.
Vanderwalker was indicted by a federal grand jury on April 12, 2013, and pled guilty to the charge on June 17, 2013.
The conviction stems from an incident that took place on April 3, 2011, when Vanderwalker and others assaulted the victim with a bat.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Marie H. Ruettgers. Vanderwalker was released.
# # #White River Woman Sentencd for Simple Assaultand Aiding and AbettingRead the Press Release
United States Attorney Brendan V. Johnson announced that a White River, South Dakota woman convicted of Simple Assault and Aiding and Abetting was sentenced on July 8, 2013, by U.S. Magistrate Judge Mark A. Moreno.
Ashley Vanderwalker, age 25, was sentenced to 12 months’ probation and $10 to the Federal Crime Victims Fund.
Vanderwalker was indicted by a federal grand jury on April 12, 2013, and pled guilty to the charge on June 17, 2013.
The conviction stems from an incident that took place on April 3, 2011, when Vanderwalker and others assaulted the victim with a bat.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Marie H. Ruettgers. Vanderwalker was released.
# # #Rapid City Man Sentenced for EscapeRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota man convicted of Escape was sentenced on July 8, 2013 by Chief Judge Jeffrey L. Viken, U.S. District Court.
Floyd Bullman, age 41, was sentenced to time served and ordered to pay $100 to the Federal Crime Victims Fund.
On November 5, 2012, Bullman walked away and failed to return to Community Alternatives of the Black Hills, where he was serving part of a federal sentence. He pled guilty on March 8, 2013.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
# # #Parmelee Man Charged with Assaulting, Resisting, Opposing and Impeding A Federal OfficerRead 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 Assaulting, Resisting, Opposing, and Impeding a Federal Officer.
William Rahn, age 27, was indicted by a federal grand jury on May 16, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 8, 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 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge is merely an accusation and Rahn 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.
Rahn was released to a third party custodian pending trial. A trial date has not been set.
###McLaughlin Man Pleads Guilty to Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that Ryan Soft, age 22, of McLaughlin, South Dakota, appeared before U.S. District Judge Roberto A. Lange on July 9, 2013, and pled guilty to Count I of the Indictment that charged him with Assault with a Dangerous Weapon.
The maximum penalty upon conviction is 10 years of imprisonment, a $250,000 fine, or both; 3 years of supervised release; an additional 2 years of supervised release upon revocation; and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge stems from an incident wherein on the evening of February 25 and into the early morning hours of February 26, 2013, Soft was at the house of some friends, drinking and socializing with the victim and others. Soft and another person got into a fight, when the victim intervened and began pushing/punching Soft in an effort to break up the fight. Eventually, Soft was sitting down in the corner of the room. The victim took a couple of steps back and Soft stood to his feet, then pulled a knife from his pocket and stabbed the victim in the stomach. The victim fell to the floor and then retreated to the kitchen.
The investigation was conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Soft was remanded to the custody of the U.S. Marshals Service pending sentencing which has been set for September 23, 2013.
# # #Man from Mexico Pleads Guilty to Illegal Reentry After DeportationRead the Press Release
United States Attorney Brendan V. Johnson announced that Jesus Ochoa Aguirre, age 30, from Mexico, appeared before U.S. District Judge Roberto A. Lange on July 8, 2013, and pled guilty to the Indictment that charged him with Illegal Reentry after Deportation.
The maximum penalty upon conviction is 2 years of imprisonment, a $250,000 fine, or both; 1 year of supervised release; an additional year 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 or about September 24, 2012, when Ochoa Aguirre, a/k/a Felipe Cabrera Aguirre, an alien, was found in the United States in the District of South Dakota, after having been previously deported from the United States on or about April 16, 2010. Ochoa Aguirre did not obtain the consent of the Secretary of the United States Department of Homeland Security and the Attorney General of the United States to apply for admission into the United States.
The investigation was conducted by the Department of Homeland Security. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.
Ochoa Aguirre was remanded to the custody of the U.S. Marshals Service pending sentencing which has been set for August 28, 2013.
# # #Fort Pierre Man Sentenced for Failure to AppearRead the Press Release
United States Attorney Brendan V. Johnson announced that a Fort Pierre, South Dakota, man convicted of Failure to Appear was sentenced on July 8, 2013, by U.S. District Judge Roberto A. Lange.
Brent Flood, age 24, was sentenced to 4 months of imprisonment followed by 4 months at a re-entry center, 1 year of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. The custodial sentence will be served consecutively to a separate sentence for Possession of a Controlled Substance.
Flood was indicted by a federal grand jury on February 13, 2013. The charge stems from an incident wherein Flood, who was indicted by a federal grand Jury in September 2012 for two counts of the felony offense of Distribution of a Controlled Substance, did not show up for his change of plea scheduled for January 22, 2013. Flood knew he was required to appear for this proceeding, but failed to appear as directed. He was later apprehended.
The investigation was conducted by the U.S. Marshals Service. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Flood was immediately turned over to the custody of the U.S. Marshals Service.
# # #White River Man Charged with Assaulting A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that Anthony Black Wolf, age 25, of White River, South Dakota, appeared before U.S. District Judge Billy Roy Wilson on July 3, 2013, and pled guilty to Assaulting a Federal Officer. The maximum penalty upon conviction is 8 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 an incident that took place on March 3, 2013, when Black Wolf resisted arrest by striking an officer in the face and trying to remove the officer’s duty weapon from its holster.
The investigation was conducted by 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 September 23, 2013. The defendant was remanded to the custody of the U.S. Marshals pending sentencing.
####Rosebud Woman Sentenced for Assault Resulting in Substantial Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, woman convicted of Assault Resulting in Substantial Bodily Injury was sentenced on July 8, 2013, by U.S. District Judge Roberto A. Lange.
Toni Good Shield, a/k/a Toni Little Thunder, age 30, was sentenced to time served of 112 days in custody, 18 months of supervised release, and $100 to the Federal Crime Victims Fund.
Good Shield was indicted by a federal grand jury on March 13, 2013, and pled guilty to the charge on April 16, 2013.
The conviction stems from an incident that took place on February 7, 2013, when Good Shield kicked the victim causing a fracture to her left leg and a bloody nose.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Marie H. Ruettgers. Good Shield was released.
# # #Rosebud Woman Sentenced for Assault by Striking, Beating and Wounding and Simple AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, woman convicted of Assault by Striking, Beating and Wounding and Simple Assault was sentenced on July 8, 2013, by U.S. Magistrate Judge Mark A. Moreno.
Kelcey Andrews, age 22, was sentenced to 18 months’ probation on each count, 400 hours of community service, and $35 to the Federal Crime Victims Fund.
Andrews was indicted by a federal grand jury on February 13, 2013, and pled guilty to the charge on May 7, 2013.
The conviction stems from an incident that took place on August 3, 2012, when Andrews reached into the front passenger window of a car in which the victim was located, punched the victim in the face and then grabbed the victim by her hair.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Marie H. Ruettgers. Andrews was released.
###Mission Man Sentenced for Possession with Intent to Distribute A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on July 8, 2013, by U.S. District Judge Roberto A. Lange.
James Menard, age 30, was sentenced to 28 months of imprisonment; a $1,000 fine; 3 years of supervised release; and a $100 special assessment to the Federal Crime Victims Fund.
Menard was indicted by a federal grand jury on July 18, 2012. He pled guilty to the above charge on April 9, 2013.
The charge stems from an incident wherein a South Dakota Highway Patrol Trooper came upon a vehicle with its hood up sitting on the side of Highway 44. There was smoke coming from under the hood and the vehicle’s hazard lights were on. The trooper stopped to provide assistance and encountered three men with the vehicle. During the trooper’s contact with the three men, a cigarette box stuffed with a plastic bag containing 12.8 grams of methamphetamine was found in the vehicle. Additionally, trace amounts of marijuana were located inside the head band of a baseball cap located in the back seat, and a glass pipe was also found stuffed in between the rear seat cushions. A urine sample was obtained from Menard who tested positive for use of methamphetamine.
The investigation was conducted by the South Dakota Highway Patrol and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Menard was immediately turned over to the custody of the U.S. Marshals Service.
# # #Mission Man Sentenced for Assaulting, Resisting, Opposing, and Impeding A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of Assaulting, Resisting, Opposing, and Impeding a Federal Officer was sentenced on July 8, 2013, by U.S. District Judge Roberto A. Lange.
Jody Brave, age 42, was sentenced to 10 months in custody, 18 months of supervised release, and $100 to the Federal Crime Victims Fund.
Brave was indicted by a federal grand jury on December 11, 2012, and pled guilty to the charge on April 16, 2013.
The conviction stems from an incident that took place on November 6, 2012, when Brave engaged in an altercation with a law enforcement officer during a home disturbance call. Brave grabbed a chain that had a padlock attached to the end, wrapped the end of the chain around his fist, and swung the padlock weighted end of the chain at the officer three times.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Tim Maher.
Brave was remanded to the custody of the U.S. Marshal.
###Little Eagle Woman Pleads Guilty to Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that Roxanne Spotted Horse, age 31, of Little Eagle, South Dakota, appeared before U.S. District Judge Charles B. Kornmann on July 1, 2013, and pled guilty to a Superseding Information that charged her with Assault with a Dangerous Weapon.
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 January 24, 2013, in which Spotted Horse was socializing at her residence with the victim, among others. Spotted Horse and the victim had previously been in a dating relationship. An argument started between Spotted Horse and her victim, and as the argument became more intense, Spotted Horse grabbed a metal bar and hit the victim on the head. An ambulance was summoned and the victim received medical attention for his head injury.
The investigation was conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Spotted Horse was remanded to the custody of the U.S. Marshals Service pending sentencing, which has been set for September 23, 2013.
# # #Cherry Creek Man Sentenced for AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Cherry Creek, South Dakota, man convicted of Assaulting, Resisting or Impeding a Federal Officer was sentenced on July 8, 2013, by U.S. District Judge Roberto A. Lange.
Kaleb Earl Hollow Horn, age 24, was sentenced to 12 months and 1 day of custody, followed by 1 year of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Hollow Horn was indicted by a federal grand jury on July 18, 2012, and pled guilty to a Superseding Indictment on April 16, 2013.
The conviction arose from a February 2012 incident in which Hollow Horn assaulted, resisted or impeded a Cheyenne River Sioux Tribe police officer who was arresting him for violating a tribal court order.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Division. The case was prosecuted by Assistant U.S. Attorney Mikal Hanson.
# # #Rapid City Man Indicted on Firearm ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City man previously convicted of a felony was indicted by a federal grand jury for knowingly possessing a stolen 9 mm caliber pistol and a stolen .30-30 caliber rifle, knowing he was prohibited from doing so.
Ryan Umbarger, age 22, was indicted on June 18, 2013, for Possession of a Stolen Firearm and Felon in Possession of a Firearm. He appeared before U.S. Magistrate Judge Veronica L. Duffy on July 2, 2013, and pleaded not guilty to the indictment. The maximum penalty upon conviction is 10 years’ imprisonment and/or a $250,000 fine. The charges are merely an accusation and Umbarger is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Pennington County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Eric Kelderman is prosecuting the case. Umbarger was remanded to the custody of the U.S. Marshal. A trial date has not yet been set.
# # #White River Woman Charged and Sentenced for Simple Assault and Aiding and AbettingRead the Press Release
United States Attorney Brendan V. Johnson announced that a White River, South Dakota woman convicted of Simple Assault and Aiding and Abetting has pled guilty to the charges and was sentenced on June 28, 2013 by U.S. Magistrate Judge Mark A. Moreno.
Jarashae Vanderwalker, age 20, was sentenced to 12 months’ probation and $10 to the Federal Crime Victims Fund.
The conviction stems from an incident that took place on April 3, 2011, when Vanderwalker and others assaulted the victim with a bat. The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services.
The case was prosecuted by Assistant U.S. Attorney Marie H. Ruettgers.
Vanderwalker was released.
Rosebud Man Sentenced for Assaulting, Resisting, or Impeding Certain OfficersRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota man convicted of Assaulting, Resisting, or Impeding Certain Officers was sentenced on June 28, 2013 by U.S. District Judge Mark A. Moreno.
Jesse Young, age 36, was sentenced to 12 months in custody and $25 to the Federal Crime Victims Fund.
Young was indicted by a federal grand jury on December 11, 2012, and pled guilty to the charge on March 15, 2013.
The conviction stems from an incident that took place on May 29, 2012 when the victim was escorting Young to a restraint chair. Young was non-compliant and spat at the victim, hitting the victim with saliva on his face and ear.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Marie H. Ruettgers.
Young was remanded to the custody of the U.S. Marshals Service.
Rosebud Man Sentenced for Assaulting, Resisting, or Impeding Certain OfficersRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota man convicted of Assaulting, Resisting, or Impeding Certain Officers was sentenced on June 28, 2013 by U.S. District Judge Mark A. Moreno.
Jesse Young, age 36, was sentenced to 12 months in custody and $25 to the Federal Crime Victims Fund.
Young was indicted by a federal grand jury on December 11, 2012 and pled guilty to the charge on March 15, 2013.
The conviction stems from an incident that took place on May 29, 2012, when the victim was escorting Young to a restraint chair. Young was non-compliant and spat at the victim, hitting the victim with saliva on his face and ear.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Marie H. Ruettgers.
Young was remanded to the custody of the U.S. Marshals Service.
Pine Ridge Man Found Guilty of Firearm OffenseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota man indicted for Felon in Possession of a Firearm has been found guilty by a federal jury.
Timothy George Buckman, age 28, was convicted by a federal jury on June 26, 2013 for the firearm offense.
He was indicted in April 2013 following an investigation conducted by the Bureau of Indian Affairs Office of Justice Services and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The investigation produced evidence from the social media site Facebook, where pictures were posted of Buckman holding a 12-gauge shotgun.
The maximum penalty upon conviction is 10 years imprisonment and/or a $250,000 fine.
The charge stems from an incident occurring between January and September 2012 when Buckman possessed a 12-gauge shotgun. A prior felony conviction in 2009 prohibits Buckman from possessing a firearm.
The case was prosecuted by Assistant United States Attorney Sarah B. Collins. A sentencing date has not been set.
Pierre Woman Charged with Theft from an Indian Tribal OrganizationRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pierre, South Dakota woman has been indicted by a federal grand jury for Theft From an Indian Tribal Organization.
Ravae Bowman, age 40, was indicted by a federal grand jury on June 12, 2013. She appeared before U.S. Magistrate Judge Mark A. Moreno on June 27, 2013 and pled not guilty to the indictment.
The maximum penalty upon conviction is up to 5 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 relates to an alleged embezzlement in October 2012 from a Subway store in Eagle Butte when Bowman was the manager. The Subway store is an entity of the Cheyenne River Sioux Tribe Telephone Authority and the Cheyenne River Sioux Tribe.
The charge is merely an accusation and Bowman is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Mikal Hanson is prosecuting the case. Bowman was released to a third party custodian pending trial.
A trial date has not been set.
First Cousins from La Plant Charged with IncestRead the Press Release
United States Attorney Brendan V. Johnson announced that a woman and a man from La Plant, South Dakota have been indicted by a federal grand jury for two counts of Incest.
Nicholas White Eagle, age 26, and Fawn Lynn Scott, age 20, were indicted by a federal grand jury on June 12, 2013. White Eagle and Scott appeared before U.S. Magistrate Judge Mark A. Moreno on June 25 and 27, 2013 and pled not guilty to the indictment.
The maximum penalty upon conviction is up to 5 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 charges stem from incidents that occurred in April 2011 and February 2013 in La Plant. The charges are merely accusations and White Eagle and Scott are 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.
White Eagle and Scott were released to third party custodians pending trial. A trial date has not been set.
Blackfoot Man Charged with Abusive Sexual Contact with A ChildRead the Press Release
United States Attorney Brendan V. Johnson announced that a Blackfoot, South Dakota man has been indicted by a federal grand jury for Abusive Sexual Contact with a Child.
Ta-Sunka-hinz Thunder Hawk, a/k/a Hinzi Thunder Hawk, age 18, was indicted by a federal grand jury on June 5, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 26, 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; at least 5 years and up to life of supervised release; and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to an alleged incident in Blackfoot where Thunder Hawk had sexual contact with a child under the age of 12. The charge is merely an accusation and Thunder Hawk 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.
Thunder Hawk was released to a third party custodian pending trial. A trial date has not been set.