District of South Dakota
Press releases recorded for this federal judicial district.
Sturgis Man Pleads Guilty to Illegal Reentry After DeportationRead the Press Release
United States Attorney Brendan V. Johnson announced that Carlos Jimenez-Burgos, age 28, of Sturgis, South Dakota appeared before U.S. Magistrate Judge Veronica L. Duffy on April 2, 2013 and pled guilty to Illegal Reentry After Deportation. The maximum penalty upon conviction is 2 years' imprisonment and/or a $250,000 fine.
In February 2013, after being arrested in Sturgis on a traffic offense, Jimenez-Burgos was found to be illegally living in the United States, having previously been deported. The investigation was conducted by the Bureau of Immigration and Customs Enforcement. The case is being prosecuted by Assistant U.S. Attorney Eric Kelderman.
A presentence investigation was ordered and a sentencing date will be scheduled. The defendant was remanded to the custody of the U.S Marshal pending sentencing.
Sioux Falls Man Convicted in Child Sex Trafficking CaseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota man has been found guilty on two counts of Sex Trafficking of a Child. Emmanuel William Nyuon, age 34, was convicted by a federal jury for Sex Trafficking of a Child by Force, Fraud, or Coercion and Conspiracy to Engage in Sex Trafficking of a Child.
Following a four-day trial, the jury returned the guilty verdict after a short deliberation. These charges carry a mandatory minimum of 15 years in prison up to a maximum of life and/or a $250,000 fine. Nyuon was indicted by a federal grand jury in February 2012 on these sex trafficking charges.
“Many South Dakotans are shocked to learn that human trafficking and child prostitution exists within our borders, but the victims are here, often hiding in plain sight. We will continue working with victim advocates and law enforcement agencies to aggressively pursue these criminals who prey upon vulnerable children,” said U.S. Attorney Johnson.
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.
Assistant U.S. Attorneys Kevin Koliner and Jeff Clapper prosecuted the case. A presentence investigation was ordered, and a sentencing date has not been set. The defendant was remanded to the custody of the U.S. Marshal.
Rosebud Man Indicted for Abusive Sexual ContactRead 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 Abusive Sexual Contact.
Laun Leroy McCloskey, age 19, was indicted by a federal grand jury on April 2, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 4, 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 a $100 Special Assessment. Restitution may also be ordered.
The charge is merely an accusation and McCloskey is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Timothy M. Maher is prosecuting the case.
McCloskey was remanded to the custody of the U.S. Marshal pending trial on May 14, 2013.
Mission Man Pleads Guilty to Assaulting A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that Grover Brave, age 33, of Mission, South Dakota appeared before U.S. Magistrate Judge Mark A. Moreno on April 2, 2013 and pled guilty to Assaulting a Federal Officer. The maximum penalty upon conviction is 1 year in custody, a $100,000 fine, or both; 1 year of supervised release; and a $25 special assessment.
The conviction stems from an incident that took place on January 15, 2013, when Brave struggled with officers while being escorted to a holding cell and attempted to head butt the officer.
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 June 21, 2013. The defendant was released from custody pending sentencing.
Winner Man Pleads Guilty to Firearm ViolationRead the Press Release
United States Attorney Brendan V. Johnson announced that Joshua Felix, age 39, of Winner, South Dakota appeared before U.S. District Judge Roberto A. Lange on April 2, 2013 and pled guilty to Prohibited Person in Possession of a Firearm. The maximum penalty upon conviction is 10 years in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 special assessment.
Felix was convicted of domestic violence simple assault on June 15, 2004 in Tripp County. Having been convicted of a crime of domestic violence, Felix was prohibited from possessing firearms by operation of federal law. On March 15, 2012, law enforcement found Felix to be in possession of a rifle.
The investigation was conducted by the Tripp County Sheriff’s Office and the Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant U.S. Attorney Timothy M. Maher.
A presentence investigation was ordered and a sentencing date was set for June 24, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
St. Francis Man Sentenced for Controlled Substance Charge and for Failure to AppearRead the Press Release
United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota man convicted of Simple Possession of a Controlled Substance and for Failure to Appear, charged in two separate criminal cases, was sentenced on April 2, 2013 by U.S. District Judge Roberto A. Lange.
Antoine Kills In Water, age 30, was sentenced to 6 months in custody, a $1,000 fine, and a $25 special assessment to the Victim Assistance Fund for the Simple Possession of a Controlled Substance conviction. He was also sentenced to 6 months and 1 day in custody, 1 year supervised release, and a $100 special assessment to the Victim Assistance Fund for the Failure to Appear conviction.
For the Controlled Substance charge, Kills In Water was indicted by a federal grand jury on July 18, 2012 and pled guilty to the charge on January 10, 2013. For the Failure to Appear charge, he was indicted on December 11, 2012 and pled guilty on January 10, 2013.
The Controlled Substance conviction stems from an incident that took place between April 29, 2011 and May 11, 2011, when Kills In Water used and possessed methamphetamine and marijuana. The Failure to Appear conviction is the result of his not appearing at his jury trial for the drug case.
The Controlled Substance investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force and the Rosebud Sioux Tribe Law Enforcement Services. The Failure to Appear investigation was conducted by the U.S. Marshal’s Service.Both cases were prosecuted by Assistant U.S. Attorney Timothy M. Maher.
Kills In Water was remanded to the custody of the U.S. Marshal.
Rosebud Woman Pleads Guilty to Controlled Substance ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that Patricia Pacheco, age 23, of Rosebud, South Dakota appeared before U.S. District Judge Roberto A. Lange on April 2, 2013 and pled guilty to Count II of the Indictment that charged her with Possession with Intent to Distribute a Controlled Substance. The maximum penalty upon conviction is 5 years of imprisonment, a $250,000 fine, or both; at least 2 years of supervised release and an additional 2 years of supervised release upon revocation. Restitution and a $100 special assessment may also be ordered.
The charge stems from an incident on March 21, 2012 wherein Pacheco’s vehicle and residence were searched. Controlled substances and drug paraphernalia were found.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force and the Rosebud Sioux Tribe Law Enforcement. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.
Pacheco was remanded to the custody of the U.S. Marshal Service pending sentencing, which has been set for June 24, 2013.
Rosebud Man Pleads Guilty to Interstate Transportation of Stolen VehicleRead the Press Release
United States Attorney Brendan V. Johnson announced that Alec Arapahoe, age 20, of Rosebud, South Dakota appeared before U.S. District Judge Roberto A. Lange on April 2, 2013 and pled guilty to Interstate Transportation of a Stolen Motor Vehicle. The maximum penalty upon conviction is 10 years in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 special assessment.
The conviction stems from an incident that took place on July 3, 2011 when Arapahoe stole a pickup truck from Colorado and drove the vehicle from Colorado to South Dakota and onto the Rosebud Sioux Indian Reservation.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant U.S. Attorney Timothy M. Maher.
A presentence investigation was ordered and a sentencing date was set for June 24, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Fort Thompson Man Sentenced for Assaulting A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a Fort Thompson, South Dakota man convicted of Assaulting a Federal Officer was sentenced on April 3, 2013 by U.S. Magistrate Judge Mark A. Moreno.
Dwight Rank, age 25, was sentenced to 18 months of probation, with six months of home confinement; a $3,000 fine; and a $25 special assessment to the Victim Assistance Fund.
Rank was indicted by a federal grand jury on July 13, 2012 and pled guilty to a Superseding Information on January 22, 2013.
The charge stems from an incident occurring on January 7, 2012 wherein Rank was driving erratically and a Bureau of Indian Affairs officer observed him crossing the center line twice and the right fog line twice. The officer activated his emergency lights and siren and attempted to make a traffic stop. Rank went on a high-speed chase. Eventually Rank stopped his vehicle in the middle of BIA Road 5 and then accelerated and began to drive away. Rank made a U-turn and stuck the officer’s vehicle before fleeing the scene.
The investigation was conducted by the Federal Bureau of Investigation and Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Fort Thompson Man Pleads Guilty to Felon in Possession of A FirearmRead the Press Release
United States Attorney Brendan V. Johnson announced that Samuel Redwater, age 22, of Fort Thompson, South Dakota appeared before U.S. District Judge Roberto A. Lange on April 2, 2013 and pled guilty to Count I of the Indictment that charged him with Felon in Possession of a Firearm. 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 may also be ordered.
The charge stems from an incident wherein Redwater, on or about December, 19, 2012, having been previously convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly possessed a firearm which had been previously shipped and transported in interstate and foreign commerce.
The investigation was conducted by the South Dakota Highway Patrol; Bureau of Alcohol, Tobacco, Firearms and Explosives; Northern Plains Safe Trails Drug Enforcement Task Force; and the Chamberlain City Police. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.
Redwater was remanded to the custody of the U.S. Marshal Service pending sentencing which has been set for June 11, 2013.
Eagle Butte Man Sentenced for AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota man convicted of Assault Resulting in Serious Bodily Injury was sentenced on April 1, 2013 by U.S. District Judge Roberto A. Lange.
Ryan Wright, age 27, was sentenced to 37 months of imprisonment; 18 months of supervised release; and a $100 special assessment to the Victim Assistance Fund.
Wright was indicted by a federal grand jury on November 19, 2012 and pled guilty to Count III of the Indictment on January 10, 2013.
The charge stems from an incident on November 14, 2012 wherein Wright, after an evening of drinking at a home near Eagle Butte, got into an argument with others at the house and left. Upon returning, the defendant pulled in the driveway and hit the victim with his car, running the victim over several times. The victim suffered fractures in his left ankle and pelvis, which required surgery.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement and the Federal Bureau of Investigation. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Wright was immediately turned over to the custody of the U.S. Marshal Service.
Eagle Butte Man Sentenced for AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota man convicted of Assault by Striking, Beating and Wounding was sentenced to 6 months in custody on April 2, 2013 by U.S. Magistrate Judge Mark A. Moreno.
Joseph Marshall, age 34, was indicted for two counts of Assault with a Dangerous Weapon by a federal grand jury on November 15, 2012. He pled guilty on April 2, 2013 to a Superseding Information charging him with one count of Assault by Striking, Beating and Wounding.
The charges relate to Marshall's assault of an Eagle Butte woman in November 2011.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Division and Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Marshall was immediately turned over to the custody of the U.S. Marshal to begin serving his sentence.
Eagle Butte Man Sentenced for AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota man convicted of Assault by Striking, Beating and Wounding was sentenced to 6 months in custody on April 2, 2013 by U.S. Magistrate Judge Mark A. Moreno.
Joseph Marshall, age 34, was indicted for two counts of Assault with a Dangerous Weapon by a federal grand jury on November 15, 2012. He pled guilty on April 2, 2013 to a Superseding Information charging him with one count of Assault by Striking, Beating and Wounding.
The charges relate to Marshall's assault of an Eagle Butte woman in November 2011.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Division and Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Marshall was immediately turned over to the custody of the U.S. Marshal to begin serving his sentence.
South Carolina Man Indicted for Failure to Pay Child SupportRead the Press Release
United States Attorney Brendan V. Johnson announced that a Saluda, South Carolina man has been indicted by a federal grand jury for Failure to Pay Legal Child Support.
Volney V. Smith, age 44, was indicted by a federal grand jury on December 4, 2012 for failing to pay over $13,155.00 in past due child support. He appeared before U.S. Magistrate Judge William D. Gerdes on March 28, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is two years of imprisonment; a $250,000.00 fine; one year supervised release; one additional year upon revocation; a $100.00 assessment fee; and child support restitution amount owing at the time of sentencing.
The charge is merely an accusation and Smith 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.
Smith was released on bond pending trial. A trial date has not been set.
Sioux Falls Woman Indicted for Conspiracy to Distribute A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota woman has been indicted by a federal grand jury for conspiring with others to distribute methamphetamine in South Dakota and elsewhere from August 2009 to February 2013.
Shawna Provincial, age 38, was indicted by a federal grand jury on February 20, 2013 for Conspiracy to Distribute a Controlled Substance. She appeared before U.S. Magistrate Judge Veronica L. Duffy on March 15, 2013 and pled not guilty to the indictment. The penalty upon conviction is a minimum of 5 up to 40 years’ imprisonment and/or a $5,000,000 fine.
The charge is merely an accusation and Provincial is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force, Federal Bureau of Investigation, and Rapid City Police Department. Assistant U.S. Attorney Ted L. McBride is prosecuting the case.
Provincial was released on bond pending trial. A trial date has been set for May 28, 2013.
Sioux Falls Man Indicted for Conspiracy to Distribute A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota man has been indicted by a federal grand jury for conspiring with others to distribute methamphetamine in South Dakota and elsewhere from August 2009 to February 2013.
Clinton Provincial, age 33, was indicted by a federal grand jury on February 20, 2013 for Conspiracy to Distribute a Controlled Substance. He appeared before U.S. Magistrate Judge Veronica L. Duffy on March 26, 2013 and pled not guilty to the indictment. The penalty upon conviction is a minimum of 5 up to 40 years’ imprisonment and/or a $5,000,000 fine.
The charge is merely an accusation and Provincial is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force, the Federal Bureau of Investigation, and the Rapid City Police Department. Assistant U.S. Attorney Ted L. McBride is prosecuting the case.
Provincial was remanded to the custody of the U.S. Marshal. A trial date has been set for May 28, 2013.
Porcupine Woman Indicted for Child Abuse and Involuntary ManslaughterRead the Press Release
United States Attorney Brendan V. Johnson announced that a Porcupine, South Dakota woman was indicted by a federal grand jury for driving a vehicle while intoxicated, causing it to roll and eject a young child, who died from his injuries.
Elizabeth Red Star-Benson, 26, was indicted on March 19, 2013 for Felony Child Abuse and Neglect and Involuntary Manslaughter. She appeared before U.S. Magistrate Judge Veronica L. Duffy on March 28, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 15 years’ imprisonment and/or a $250,000 fine.
The charges are merely an accusation and Red Star-Benson 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 South Dakota Highway Patrol. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.
Red Star-Benson was remanded to the custody of the U.S. Marshal. A trial date has not been set.
Porcupine Man Indicted for Involuntary ManslaughterRead the Press Release
United States Attorney Brendan V. Johnson announced that a Porcupine, South Dakota man was indicted by a federal grand jury on two counts of involuntary manslaughter.
Alden Brewer, Jr., age 25, was indicted on December 18, 2012 for driving while under the influence, at a high rate of speed, causing an accident that killed two people. He appeared before U.S. Magistrate Judge Veronica L. Duffy on March 13, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 8 years’ imprisonment and/or a $250,000 fine.
The charge is merely an accusation and Brewer is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, Bureau of Indian Affairs Office of Justice Services, South Dakota Division of Criminal Investigation, and South Dakota Highway Patrol. Special Assistant U.S. Attorney Laura A. Shattuck is prosecuting the case.
Brewer was remanded to the custody of the U.S. Marshal. A trial date has not been set.
Pine Ridge Man Indicted for Larceny and Tampering with A Witness; Woman Indicted for LarcenyRead the Press Release
United States Attorney Brendan V. Johnson announced that a man and woman from Pine Ridge, South Dakota have been indicted by a federal grand jury for a December 15, 2012 incident at Pine Ridge involving the theft of over $1,000 in property and for threatening witnesses of the theft.
Michael Alford, age 31, was indicted by a federal grand jury on March 19, 2013 for Larceny and two counts of Tampering with a Witness. Philana Red Feather, a/k/a Philana Garcia, age 57, was indicted on the same date for Larceny. Alford and Red Feather appeared before U.S. Magistrate Judge Veronica L. Duffy on March 26, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction for Alford is 20 years of imprisonment and a $250,000 fine. The maximum penalty upon conviction for Red Feather is 5 years of imprisonment and a $250,000 fine.
The charges are merely accusations and Alford and Red Feather are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Both were remanded to the custody of the U.S. Marshal. A trial date has been set for June 4, 2013.
Pine Ridge Man Indicted for Felony Child Abuse and NeglectRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota man has been indicted by a federal grand jury for allegedly intentionally and knowingly abusing and neglecting three minor children on December 15, 2012 at Pine Ridge, subjecting them to an environment which was injurious to their welfare and threatened them with substantial harm.
Newton Two Two, age 30, was indicted by a federal grand jury on March 19, 2013 for Felony Child Abuse and Neglect. Two Two appeared before U.S. Magistrate Judge Veronica L. Duffy on March 28, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 10 years of imprisonment and a $250,000 fine.
The charge is merely an accusation and Two Two is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.
Two Two was remanded to the custody of the U.S. Marshal. A trial date has been set for June 4, 2013.
Pine Ridge Man Indicted for AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota man has been indicted by a federal grand jury for allegedly assaulting a young female companion on four different occasions in 2012.
Jon Craig Dillon, a/k/a JC Dillon, a/k/a Jon Craig Goings, age 25, was indicted by a federal grand jury on March 22, 2013 for one count of Assault with a Dangerous Weapon and four counts of Assault Resulting in Serious Bodily Injury. Dillon appeared before U.S. Magistrate Judge Veronica L. Duffy on March 22, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 10 years of imprisonment and a $250,000 fine for each count.
The charges are merely accusations and Dillon is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Dillon was remanded to the custody of the U.S. Marshal. A trial date has been set for May 28, 2013.
Murdo Man Indicted for Firearm ViolationsRead the Press Release
United States Attorney Brendan V. Johnson announced that a Murdo, South Dakota man has been indicted by a federal grand jury for Possession of a Stolen Firearm and Possession of a Firearm by a Prohibited Person.
Shaun Sporrer, age 41, was indicted by a federal grand jury on April 2, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 2, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 10 years of custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 Special Assessment. Restitution may also be ordered.
The charge is merely an accusation and Sporrer is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Jones County Sheriff’s Office; the Bureau of Alcohol, Tobacco, Firearms and Explosives; and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Sporrer was remanded to the custody of the U.S. Marshal. A trial date has not been set.
Hermosa Man Sentenced for Assault and EscapeRead the Press Release
United States Attorney Brendan V. Johnson announced that a Hermosa, South Dakota man convicted of two counts of Assault Resulting in Serious Bodily Injury and one count of Escape, charged in two separate criminal cases, was sentenced on April 1, 2013 by U.S. District Judge Roberto A. Lange.
Barry Allman, age 22, was sentenced to 84 months in custody, 2 years of supervised release, and a $200 special assessment to the Victim Assistance Fund for the two counts of Assault Resulting in Serious Bodily Injury. Allman was sentenced to 12 months in custody on the Escape conviction, of which 6 months are consecutive and 6 months are concurrent with the assault conviction, and a $100 special assessment to the Victim Assistance Fund.
The assault conviction stems from an incident that took place on May 3, 2012 in Parmelee. While at a social gathering, Allman fired a 9mm handgun three times into the ground. Two of the rounds ricocheted and caused serious bodily injury to the victims.
The Escape conviction stems from an incident that took place on November 26, 2012 when Allman was released on a furlough from federal custody to attend a funeral. Allman failed to return as ordered, and absconded until he was apprehended on December 18, 2012.
The investigations were conducted by the Federal Bureau of Investigation, U.S. Marshal Service, Rapid City Police Department, and the Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Marie H. Ruettgers.
Allman was remanded to the custody of the U.S. Marshal.
Allen Man Indicted for Assault and Aggravated Sexual AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that an Allen, South Dakota man has been indicted by a federal grand jury for assault with a knife on February 23, 2013, and for sexual abuse in the spring of 2012.
Curtis Dupris, age 32, was indicted by a federal grand jury on March 19, 2013 for Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and Aggravated Sexual Abuse. Dupris appeared before U.S. Magistrate Judge Veronica L. Duffy on March 22, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is up to life imprisonment and a $250,000 fine.
The charges are merely accusations and Dupris is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Dupris was remanded to the custody of the U.S. Marshal. A trial date has been set for May 28, 2013.
White Horse Man Sentenced on Assault ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that a White Horse, South Dakota man convicted of Assault Resulting in Serious Bodily Injury was sentenced on April 1, 2013 by U.S. District Judge Roberto A. Lange.
Cliff Marshall, Jr., age 35, was sentenced to 15 months imprisonment, 18 months of supervised release and a $100 special assessment. The court ordered that the issue of restitution remain open for 60 days. A restitution hearing will be set within 90 days to resolve any potential restitution amounts.
Marshall was indicted by a federal grand jury in August of 2012. He plead guilty to the Indictment on January 9, 2013.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy Morley prosecuted the case.
Marshall was immediately turned over to the custody of the U.S. Marshal to begin serving his sentence.
Rapid City Man Pleads Guilty to Failure to RegisterRead the Press Release
United States Attorney Brendan V. Johnson announced that Benjamin Godfrey Chipps Jr., age 33, of Rapid City, South Dakota appeared before U.S. Magistrate Judge Veronica L. Duffy on March 27, 2013 and pled guilty to Failure to Register. The maximum penalty upon conviction is 10 years' imprisonment and/or a $250,000 fine.
Between November 4, 2012 and December 13, 2012, Chipps failed to update his sexual offender registration as required. The investigation was conducted by the U.S. Marshals Service. The case is being prosecuted by Assistant U.S. Attorney Eric Kelderman.
A presentence investigation was ordered and a sentencing date will be scheduled. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Presho Man Pleads Guilty to Possession of Firearm ViolationsRead the Press Release
United States Attorney Brendan V. Johnson announced that Clint Brown, age 36, of Presho, South Dakota appeared before U.S. District Judge Roberto A. Lange on April 1, 2013 and pled guilty to Felon and Drug User in Possession of a Firearm. The maximum penalty upon conviction is 10 years in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 special assessment.
In 2004, Brown had previously been convicted of 3 felony offenses arising out of conduct occurring in Lyman County and Pennington County. On August 17, 2012 Brown was arrested by state authorities and it was determined he possessed two firearms, a 12-gauge shotgun and a 22-caliber rifle. It was also determined that he had been using methamphetamine, and numerous items of drug paraphernalia were found in his Lyman County home. State charges are still pending in Lyman County related to the August 17, 2012 arrest.
The investigation was conducted by the Lyman County Sheriff’s Office, the South Dakota Division of Criminal Investigations, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Northern Plains Safe Trails Drug Enforcement Task Force, the South Dakota Forensic Laboratory, the South Dakota Public Health Laboratory, and the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorneys Timothy M. Maher and Kathryn Rich.
A presentence investigation was ordered and a sentencing date was set for June 12, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Presho Man Pleads Guilty to Firearm ViolationsRead the Press Release
United States Attorney Brendan V. Johnson announced that Clint Brown, age 36, of Presho, South Dakota appeared before U.S. District Judge Roberto A. Lange on April 1, 2013 and pled guilty to Felon and Drug User in Possession of a Firearm. The maximum penalty upon conviction is 10 years in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 special assessment.
In 2004, Brown had previously been convicted of 3 felony offenses arising out of conduct occurring in Lyman County and Pennington County. On August 17, 2012 Brown was arrested by state authorities and it was determined he possessed two firearms, a 12-gauge shotgun and a 22-caliber rifle. It was also determined that he had been using methamphetamine, and numerous items of drug paraphernalia were found in his Lyman County home. State charges are still pending in Lyman County related to the August 17, 2012 arrest.
The investigation was conducted by the Lyman County Sheriff’s Office, the South Dakota Division of Criminal Investigations, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Northern Plains Safe Trails Drug Enforcement Task Force, the South Dakota Forensic Laboratory, the South Dakota Public Health Laboratory, and the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorneys Timothy M. Maher and Kathryn Rich.
A presentence investigation was ordered and a sentencing date was set for June 12, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Pine Ridge Man Pleads Guilty to Felon in Possession of A FirearmRead the Press Release
United States Attorney Brendan V. Johnson announced that Daniel Thomas, age 30, of Pine Ridge, South appeared before U.S. Magistrate Judge Veronica L. Duffy on March 27, 2013 and pled guilty to Felon in Possession of a Firearm. The maximum penalty upon conviction is 10 years' imprisonment and/or a $250,000 fine.
On July 23, 2012 at Red Shirt, Thomas, a previously convicted felon, illegally possessed a Colt Cobra .38 caliber revolver. The investigation was conducted by the Bureau of Indian Affairs Office of Justice Services and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case is being prosecuted by Assistant U.S. Attorney Eric Kelderman.
A presentence investigation was ordered and a sentencing date will be scheduled. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Three People Sentenced for Possession of A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that a man and woman from South Dakota and a woman from North Dakota, convicted of two counts of Possession of a Controlled Substance were sentenced on March 28, 2013 by U.S. Magistrate William D. Gerdes.
Clemmy Swimmer from Timber Lake, South Dakota, age 30, and Theresa Cadotte from Ft. Yates, North Dakota, age 23, were sentenced to 3 years of probation on each count to run concurrently, a $1,000 fine on each count, and a $25 special assessment on each count to the Victim Assistance Fund. Francis Dubray from Wakpala, South Dakota, age 24, was sentenced to time served with 1 year of supervised release, a $1,000 fine on each count, and a $25 special assessment on each count to the Victim Assistance Fund.
Swimmer, Cadotte and Dubray were indicted for Possession with Intent to Distribute a Controlled Substance by a federal grand jury on June 12, 2012 and pled guilty to an Information in December. The charge stems from an incident occurring between December 23, 2011 and December 28, 2011 in which Defendants knowingly and intentionally possessed cocaine and methamphetamine, both controlled substances.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Rapid City Man Pleads Guilty to Failure to RegisterRead the Press Release
United States Attorney Brendan V. Johnson announced that Seth Between Lodges, age 31, of Rapid City, South Dakota appeared before U.S. Magistrate Judge Veronica L. Duffy on March 28, 2013 and pled guilty to Failure to Register. The maximum penalty upon conviction is 10 years' imprisonment and/or a $250,000 fine.
Between Lodges failed to update his sexual offender registration as required from July 24, 2012 to November 19, 2012. The investigation was conducted by the U.S. Marshals 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 scheduled. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Pine Ridge Man Receives 30-Year Sentence for Second Degree MurderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota man was sentenced for Second Degree Murder on April 1, 2013 by Chief Judge Jeffrey L. Viken, U.S. District Court.
Kyle C. Yankton, age 22, was sentenced to 30 years’ imprisonment, 5 years of supervised release, and a $100 special assessment to the Victim Assistance Fund. Yankton pled guilty to the Second Degree Murder charge on November 27, 2012.
The murder charge stems from an incident on June 30, 2012 when Yankton unlawfully and forcibly entered a residence in Pine Ridge. Pablo Galindo was sleeping in the basement of the residence, where Yankton located him and struck Galindo multiple times in the head with a baseball hat, causing death by blunt force trauma.
The investigation was conducted by the Bureau of Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe - Department of Public Safety, and the Federal Bureau of Investigation. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Yankton was remanded to the custody of the Bureau of Prisons to begin serving his sentence immediately.
Parmelee Woman Indicted for Assault and Child AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Parmelee, South Dakota woman has been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury and Child Abuse.
Toni Good Shield, a/k/a Toni Little Thunder, age 29, was indicted by a federal grand jury on March 13, 2013. She appeared before U.S. Magistrate Judge Mark A. Moreno on March 27, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is up to 15 years’ in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 Special Assessment. Restitution may also be ordered.
The charge is merely an accusation and Good Shield 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.
Good Shield was remanded to the custody of the U.S. Marshal pending trial. A trial date has not been set.
Mission Man Indicted for Burglary, Sexual Abuse, and Child AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota man has been indicted by a federal grand jury for Aggravated Sexual Abuse, First Degree Burglary, Sexual Abuse of a Minor, and Child Abuse.
John Menard, age 26, was indicted by a federal grand jury on March 13, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 28, 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 a $100 Special Assessment. Restitution may also be ordered.
The charge is merely an accusation and Menard 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 Timothy M. Maher is prosecuting the case.
Menard was remanded to the custody of the U.S. Marshal pending trial. A trial date has been set for May 14, 2013.
Mission Man Indicted for Assaulting A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota man has been indicted by a federal grand jury for Assaulting a Federal Officer.
Grover Brave, age 33, was indicted by a federal grand jury on March 13, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 27, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is up to 8 years’ in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 Special Assessment. Restitution may also be ordered.
The charge is merely an accusation and Brave 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.
Brave was remanded to the custody of the U.S. Marshal pending trial. A trial date has been set for May 14, 2013.
Fort Pierre Man Sentenced for Distribution of A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that a Fort Pierre, South Dakota man convicted of Distribution of a Controlled Substance was sentenced on March 25, 2013 by U.S. District Judge Roberto A. Lange.
Dalton Mollard, age 20, was sentenced to time served, approximately 6 months; 2 years of supervised release; a $1,000 fine; and a $100 special assessment to the Victim Assistance Fund.
Mollard was indicted by a federal grand jury on September 19, 2012 and pled guilty to the above charge on January 10, 2013. The charge stems from an incident on April 4, 2012 wherein Mollard knowingly and intentionally distributed marijuana, a Schedule I controlled substance.
The investigation was conducted by the Northern Plains Safe Trail Drug Task Force and Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Rosebud Man Pleads Guilty to Assaulting A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that Jess Raymond Young, age 36, of Rosebud, South Dakota appeared before U.S. Magistrate Judge Mark A. Moreno on March 21, 2013 and pled guilty to Assault on a Federal Officer. The maximum penalty upon conviction is 20 years' imprisonment and/or a $250,000 fine.
On November 21, 2012, while in custody at the Oglala Sioux Tribal Jail in Pine Ridge, Young shoved a correctional officer against the wall and bit her multiple times. 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.
A presentence investigation was ordered and a sentencing date will be scheduled. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Rapid City Man Indicted for Failure to RegisterRead 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 failing to update his sexual offender registration as required.
Wilbur Toledo Flute, 40, was indicted on March 19, 2013 for Failure to Register. He appeared before U.S. Magistrate Judge Veronica L. Duffy on March 25, 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 Flute is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshal Service. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Flute was remanded to the custody of the U.S. Marshal. A trial date has not been set.
Porcupine Man Pleads Guilty to Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that Tony Little Boy, age 23, of Porcupine, South Dakota appeared before U.S. Magistrate Judge Veronica L. Duffy on March 19, 2013 and pled guilty to Assault with a Dangerous Weapon. The maximum penalty upon conviction is 10 years of imprisonment and a $250,000 fine.
The charge relates to an incident in Porcupine on August 17, 2012, where Little Boy struck another man with a shovel.
The investigation was conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. The case is being prosecuted by Assistant U.S. Attorney Wayne Venhuizen.
A presentence investigation was ordered and a sentencing date will be set. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Porcupine Man Indicted for Attempted Aggravated Sexual Abuse and Assault ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Porcupine, South Dakota man has been indicted by a federal grand jury for allegedly sexually and physically assaulting a female near Porcupine in August 2012.
William Thunder Hawk, age 19, was indicted by a federal grand jury on March 25, 2013 for Attempted Aggravated Sexual Abuse, Assault with a Dangerous Weapon, and Assault Resulting in Serious Bodily Injury. Thunder Hawk appeared before U.S. Magistrate Judge Veronica L. Duffy on March 25, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is life imprisonment and a $250,000 fine. The charges are merely accusations and Thunder Hawk is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Wayne Venhuizen is prosecuting the case.
Thunder Hawk was remanded to the custody of the U.S. Marshal. A trial date has been set for May 28, 2013.
North Dakota Man Pleads Guilty to Converting Mortgaged PropertyRead the Press Release
United States Attorney Brendan V. Johnson announced that Wroper Kosel, age 25, of Bismarck, North Dakota appeared before U.S. District Judge Roberto A. Lange on March 26, 2013 and pled guilty to Conversion of Farm Service Agency Mortgaged Property. The maximum penalty upon conviction is 5 years of custody, a $250,000 fine, or both; 3 years of supervised release, and a $100 assessment. Restitution may also be ordered.
Kosel was indicted by a federal grand jury on November 15, 2012 for Misuse of Farm Service Agency Loans, Conversion of Farm Service Agency Mortgaged Property, and Making False Statements to Farm Service Agency.
The charge that Kosel admitted to relates to his March 2010 unlawful conversion of nine mortgaged cattle. The cattle were security for loans Kosel had with Farm Service Agency and had a value ofover $1,000.
The investigation was conducted by the Office of Inspector General for the United States Department of Agriculture. The case is being prosecuted by Assistant U.S. Attorney Mikal Hanson.
A presentence investigation was ordered, and a sentencing date was set for June 10, 2013. The defendant was released on bond pending sentencing.
Mission Man Sentenced for Assault by Habitual Domestic OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota man convicted of Assault by Habitual Domestic Offender was sentenced on March 25, 2013 by U.S. District Judge Roberto A. Lange.
Willard Dorian, age 36, was sentenced to 38 months, 2 years of supervised release, and a $100 special assessment to the Victim Assistance Fund.
Dorian was indicted by a federal grand jury on June 12, 2012 and pled guilty to the charge on January 7, 2013.
The conviction stems from an incident that took place on July 3, 2011 when Dorian assaulted his domestic partner causing her bodily injury.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Marie H. Ruettgers.
Dorian was remanded to the custody of the U.S. Marshal.
Sioux Falls Man Sentenced for Possession with Intent to Distribute A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota man convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on March 25, 2013 by U.S. District Judge Roberto A. Lange.
Ryan Scott, age 26, was sentenced to 15 months of imprisonment, 2 years of supervised release; and a $100 special assessment to the Victim Assistance Fund.
Scott was indicted for the above charge by a federal grand jury on July 18, 2012 and pled guilty to the Indictment on January 25, 2013. The charge stems from an incident on February 25, 2011, when a vehicle with Ryan Scott along with another person, had gone into the ditch. When deputies arrived at the scene and spoke with the individuals, they detected a strong odor of marijuana and searched the vehicle, discovering a bag containing over one pound of marijuana.
The investigation was conducted by the Mellette County Sheriff’s Office and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Scott was immediately turned over to the custody of the U.S. Marshal Service.
Rosebud Woman Sentenced on Assault ChargesRead 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 March 22, 2013 by U.S. District Judge Roberto A. Lange.
Sarah Richards, age 25, was sentenced to 1 year probation on each count to run concurrently and a $20 special assessment to the Victim Assistance Fund. Richards was indicted by a federal grand jury on September 19, 2012, and pled guilty to the charge on January 22, 2013.
The conviction stems from an incident that took place on November 30, 2011 when Richards stabbed the victim with a butcher knife.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Marie H. Ruettgers. Richards was released.
Reliance Man Sentenced for Abusive Sexual ContactRead the Press Release
United States Attorney Brendan V. Johnson announced that a Reliance, South Dakota man convicted of Abusive Sexual Contact was sentenced on March 25, 2013 by U.S. District Judge Roberto A. Lange.
Jarrod Johnson, age 41, was sentenced to 36 months of imprisonment, 5 years of supervised release; and a $100 special assessment to the Victim Assistance Fund.
Johnson was indicted for Sexual Abuse by a federal grand jury on August 22, 2012 and pled guilty to a Superseding Information on January 4, 2013. The charge stems from an incident occurring between November 2010 and December 2010 in which Johnson was living in the same home as the victim in Fort Thompson, South Dakota. During this time period, Johnson and the victim engaged in sexual intercourse on two separate occasions. At the time of the instant offense, the victim was incapable of appraising the nature of the sexual contact.
The investigation was conducted by the Bureau of Indian Affairs and Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Johnson was immediately turned over to the custody of the U.S. Marshal Service.
Mission Man Indicted for Sexual AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota man has been indicted by a federal grand jury for Aggravated Sexual Abuse and Sexual Abuse.
Zachary Poorman, age 25, was indicted by a federal grand jury on March 13, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 20, 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 a $100 Special Assessment. Restitution may also be ordered.
The charge is merely an accusation and Poorman 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 Timothy M. Maher is prosecuting the case.
Poorman was remanded to the custody of the U.S. Marshal pending trial. A trial date has been set for May 14, 2013.
Mission Man Indicted for Sexual AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota man has been indicted by a federal grand jury for Aggravated Sexual Abuse and Sexual Abuse.
Mart Kirkland, age 23, was indicted by a federal grand jury on March 13, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 20, 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 a $100 Special Assessment. Restitution may also be ordered.
The charge is merely an accusation and Kirkland 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 Timothy M. Maher is prosecuting the case.
Kirkland was remanded to the custody of the U.S. Marshal pending trial. A trial date has been set for May 14, 2013.
Lower Brule Man Sentenced for AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota man convicted of Assault Resulting in Serious Bodily Injury, was sentenced on March 25, 2013 by U.S. District Judge Roberto A. Lange.
Earl LaRoche, age 54, was sentenced to 5 months of imprisonment. LaRoche is also to pay a $100 special assessment to the Victim Assistance Fund.
LaRoche was indicted by a federal grand jury on May 8, 2012 and pled guilty to Count II of the Indictment on January 7, 2013. The charge stems from an incident occurring in October of 2011, in which the victim and LaRoche were in a relationship, cohabitating together at a residence in Lower Brule. On the evening of October 8, 2011 and into the morning hours of October 9, 2011, they hosted a gathering of friends where alcohol was consumed. The victim was playing table top soccer with others at the gathering when LaRoche came up behind her and bit off a third of her ear.
The victim was taken to the hospital in Chamberlain where it took 25 sutures to re-attach the piece of the ear.
The investigation was conducted by the Federal Bureau of Investigation and Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
LaRoche is to self-report by Tuesday April 2, 2013.
Lower Brule Man Sentenced for AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota man convicted of Assault Resulting in Serious Bodily Injury, was sentenced on March 25, 2013 by U.S. District Judge Roberto A. Lange.
Earl LaRoche, age 54, was sentenced to 5 months of imprisonment. LaRoche is also to pay a $100 special assessment to the Victim Assistance Fund.
LaRoche was indicted by a federal grand jury on May 8, 2012 and pled guilty to Count II of the Indictment on January 7, 2013. The charge stems from an incident occurring in October of 2011, in which the victim and LaRoche were in a relationship, cohabitating together at a residence in Lower Brule. On the evening of October 8, 2011 and into the morning hours of October 9, 2011, they hosted a gathering of friends where alcohol was consumed. The victim was playing table top soccer with others at the gathering when LaRoche came up behind her and bit off a third of her ear.
The victim was taken to the hospital in Chamberlain where it took 25 sutures to re-attach the piece of the ear.
The investigation was conducted by the Federal Bureau of Investigation and Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
LaRoche is to self-report by Tuesday April 2, 2013.
Eagle Butte Woman Convicted of Two Counts of AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that Rae Jean Araujo Cota, a/k/a Rae Jean Slides Off, age 36, of Eagle Butte, South Dakota appeared before U.S. Magistrate Judge Mark A. Moreno on March 22, 2013 and pled guilty to the Superseding Information that charged her with two counts of Assault by Striking, Beating and Wounding. The maximum penalty upon conviction for each count is 6 months of custody, a $5,000 fine, restitution, and a $10 assessment to the Victim Assistance Fund.
These convictions are the result of two alleged assaults of the same victim that occurred in Eagle Butte in November and December of 2012.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Division. The case is being prosecuted by Assistant U.S. Attorney Mikal Hanson.
A presentence investigation was ordered, and a sentencing date was set for June 10, 2013.