District of South Dakota
Press releases recorded for this federal judicial district.
Two from Kyle Plead Guilty to Unlawful Possession of IntoxicantsRead the Press Release
United States Attorney Brendan V. Johnson announced that Thomas Dean Lays Hard, age 49, and Caroline Janis, age 25, both of Kyle, South Dakota appeared before U.S. Magistrate Judge Veronica L. Duffy on March 19, 2013 and pled guilty to Intoxicants Possessed Unlawfully in Indian Country. The maximum penalty upon conviction for Lays Hard is 5 years' imprisonment and a $250,000 fine. The maximum penalty upon conviction for Janis is 1 year of imprisonment and a $100,000 fine.
The charge relates to Lays Hard and Janis unlawfully possessing vodka on the Pine Ridge Indian Reservation on November 7, 2012. 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.
Presentence investigations were ordered and sentencing dates will be set. Both Lays Hard and Janis were released on bond pending sentencing.
Porcupine Woman Pleads Guilty to Controlled Substance ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that Cassie Winters, age 28, of Porcupine, South Dakota appeared before U.S. Magistrate Judge Veronica L. Duffy on March 19, 2013 and pled guilty to conspiracy to distribute a controlled substance. The penalty upon conviction is a minimum of 5 up to 40 years’ imprisonment and/or a $5,000,000 fine.
The charge relates to Winters’ conspiring with others to distribute at least 100 kilograms or more of marijuana in South Dakota between 2008 and 2012. The investigation was conducted by the Federal Bureau of Investigation, Northern Plains Safe Trails Drug Enforcement Task Force, South Dakota Division of Criminal Investigation, and Bureau of Indian Affairs Office of Justice Services. The case is being prosecuted by Assistant U.S. Attorney Ted L. McBride.
The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Pine Ridge Man Pleads Guilty to Sexual Abuse of A MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that Derek Black Elk, age 25, of Pine Ridge, South Dakota appeared before U.S. Magistrate Judge Veronica L. Duffy on March 20, 2013 and pled guilty to Sexual Abuse of a Minor. The maximum penalty upon conviction is 15 years' imprisonment and/or a $250,000 fine.
In March 2009 at Pine Ridge, Black Elk engaged in a sexual act with a girl under the age of 16. The investigation was conducted by the Bureau of Indian Affairs Office of Justice Services. The case is being prosecuted by Assistant U.S. Attorney Sarah B. Collins.
A presentence investigation was ordered. The defendant was remanded to the custody of the U.S. Marshal pending sentencing, which has been set for July 15, 2013.
Parmalee Man Sentenced for Assaulting A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a Parmalee, South Dakota man convicted of Assault on a Federal Officer was sentenced on March 18, 2013 by Chief Judge Jeffrey L. Viken, United States District Court. Richard Wolf Guts, a/k/a Gabriel Broken Leg, age 27, was sentenced to time served and 2 years of supervised release and ordered to pay $100 to the Victim Assistance Fund.
In June 2012 at Rapid City, Wolf Guts assaulted a Deputy United States Marshal in the Andrew W. Bogue U.S. Courthouse by spitting on him and physically resisting him. He pled guilty on October 23, 2012.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Ohio Man Pleads Guilty to Failure to Pay Child SupportRead the Press Release
United States Attorney Brendan V. Johnson announced that Christopher J. Bernards, age 32, of Cincinnati, Ohio appeared before U.S. District Judge Karen E. Schreier on March 22, 2013 and pled guilty to an Indictment that charged him with Failure to Pay Legal Child Support. The maximum penalty upon conviction is two years imprisonment; a $250,000.00 fine; one year supervised release; one additional year of custody upon revocation; a $100.00 assessment fee; and child support restitution amount owing at the time of sentencing.
Bernards was ordered by the Third Judicial Circuit Court, Beadle County, South Dakota to pay $189.00 per month for his minor child, commencing April 1, 1999. At the time of Indictment, he had not made a child support payment since July of 2010, and the total arrearage amount was $10,719.30.
The investigation was conducted by the Department of Health and Human Services, Office of Inspector General. The case is being prosecuted by Assistant U.S. Attorney Thomas J. Wright.
A presentence investigation was ordered and a sentencing date was set for June 17, 2013. The defendant was released on bond pending sentencing.
North Dakota Man Indicted for Failure to Pay Child SupportRead the Press Release
United States Attorney Brendan V. Johnson announced that a Fargo, North Dakota man has been indicted by a federal grand jury for Failure to Pay Legal Child Support.
Donald J. Lorenzen, a/k/a Donnie J. Lorenzen, a/k/a Donald L. Lorenzen, age 48, was indicted by a federal grand jury on February 5, 2013 for failing to pay over $30,833.00 in past due child support. He appeared before U.S. Magistrate Judge William D. Gerdes on March 18, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is two years 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 Lorenzen 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.
Lorenzen was released on bond pending trial. A trial date has not been set.
North Dakota Man Charged with Lacey Act ViolationsRead the Press Release
United States Attorney Brendan V. Johnson announced that Jeffrey Volk, age 42, of Fort Yates, North Dakota was charged on February 14, 2013 for Lacey Act Violations.
Volk appeared before U.S. Magistrate Judge William D. Gerdes on March 19, 2013 and pled not guilty to the Information. 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. Restitution and a $25 special assessment may also be ordered. The charge is merely an accusation, and Volk is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Fish and Wildlife Service and Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case. Volk was released on bond pending trial which has not been set.
Mission Woman Indicted for Second Degree Burglary and LarcenyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota woman has been indicted by a federal grand jury for Second Degree Burglary and Larceny.
Victoria Brown, age 19, was indicted by a federal grand jury on February 13, 2013. She appeared before United States Magistrate Judge Mark A. Moreno on March 22, 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 Brown is presumed innocent until and unless proven guilty. The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Timothy M. Maher is prosecuting the case.
Brown was released on bond pending trial. A trial date has been set for April 30, 2013.
Minnesota Woman Indicted for Failure to Pay Child SupportRead the Press Release
United States Attorney Brendan V. Johnson announced that a Perhamn, Minnesota woman has been indicted by a federal grand jury for Failure to Pay Legal Child Support.
Jessica L. Voss, age 28, was indicted by a federal grand jury on October 10, 2012 for failing to pay over $19,085.00 in past due child support. She appeared before U.S. Magistrate Judge William D. Gerdes on March 19, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is two years 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 Voss 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.
Voss was released on bond pending trial, which has been set for May 21, 2013.
McLaughlin Man Arraigned on Assault ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota man has been indicted by a federal grand jury for Assault With a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Roman E. Weasel, Sr., age 38, was indicted by a federal grand jury on March 13, 2013. He appeared before U.S. Magistrate Judge William D. Gerdes on March 20, 2013 and pled not guilty to the indictment. The maximum penalty on each charge upon conviction is 10 years' imprisonment, a $250,000 fine or both, and a period of supervised release of 3 years. The charges are merely accusations and Weasel is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy Morley is prosecuting the case. Weasel was remanded to the custody of the U.S. Marshal. A trial date has not been set.
Martin Man Pleads Guilty to Controlled Substance ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that Michael James Poor Thunder, age 23, of Martin, South Dakota appeared before U.S. Magistrate Judge Veronica L. Duffy on March 20, 2013 and pled guilty to distribution of a controlled substance. The maximum penalty upon conviction is 20 years’ imprisonment and/or a $1,000,000 fine.
On March 7, 2012 Poor Thunder distributed morphine in Martin, South Dakota. The investigation was conducted by the Unified Narcotics Enforcement Team, South Dakota Division of Criminal Investigation, and Martin Police Department. The case is being prosecuted by Assistant U.S. Attorney Ted L. McBride.
A presentence investigation was ordered and a sentencing date has been set for July 15, 2013. The defendant was released on bond pending sentencing.
Lower Brule Man Charged with Sexual Abuse of A MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota man has been indicted by a federal grand jury. Richard Johnson, age 49, was indicted by a federal grand jury on March 13, 2013 for Sexual Abuse of a Minor. Johnson 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 any term of years up to life imprisonment, $250,000 fine, or both; a mandatory minimum term of supervised release of 5 years up to a maximum of life. If Johnson is found to have violated any condition of his supervised release, he may be incarcerated for an additional term of 2 years for each violation with one exception. If Johnson commits a new felony violation of chapter 109A (sexual abuse), chapter 110 (sexual exploitation and other abuse of children), chapter 117 (transportation for illegal sexual activity and related crimes), section 1201 (kidnaping), or section 1591 (sex trafficking of children or by force, fraud, or coercion), while on supervised release, he may be incarcerated for a mandatory minimum term of 5 years up to life for each violation. Restitution and $100 to the Victim Assistance Fund may also be ordered.
The charge is merely an accusation, and Johnson is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs and Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case. Johnson was released on bond pending trial which has been set for May 14, 2013.
Lower Brule Man Charged with Assaulting, Resisting and Impeding A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota man has been indicted by a federal grand jury.
Marty LaRoche, age 19, was indicted by a federal grand jury on March 13, 2013 for Assaulting, Resisting and Impeding a Federal Officer. LaRoche 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 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 may also be ordered.
The charge is merely an accusation, and LaRoche is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs and Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case. LaRoche was remanded to the custody of the U.S. Marshal Service pending trial which has been set for May 14, 2013.
Little Eagle Man Arraigned on Assault ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that a Little Eagle, South Dakota man has been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury.
Ira D. Weasel, age 32, was indicted by a federal grand jury on March 13, 2013. He appeared before U.S. Magistrate Judge William D. Gerdes on March 20, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 10 years' imprisonment, a $250,000 fine or both, and a period of supervised release of 3 years. The charge is merely an accusation and Weasel is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy Morley is prosecuting the case.
Weasel was released on bond pending trial, which has been set for May 21, 2013.
Bullhead Woman Arraigned on Assault ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Bullhead, South Dakota woman has been indicted by a federal grand jury for Child Abuse.
Leah Vandermeulen, age 48, was indicted by a federal grand jury on March 13, 2013. She appeared before U.S. Magistrate Judge William D. Gerdes on March 20, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 15 years' imprisonment, a $250,000 fine or both, and a period of supervised release of 2 years. The charge is merely an accusation and Vandermeulen is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy Morley is prosecuting the case.
Vandermeulen was released on bond pending trial. A trial date has not been set.
Blackfoot Man Arraigned on Assault ChargesRead 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 Assault With a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Stewart Bobtail Bear, Sr., age 41, was indicted by a federal grand jury on March 13, 2013. He appeared before U.S. Magistrate Judge William D. Gerdes on March 20, 2013 and pled not guilty to the indictment. The maximum penalty on each count upon conviction is 10 years' imprisonment, a $250,000 fine or both, and a period of supervised release of 3 years. The charges are merely accusations and Bobtail Bear is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy Morley is prosecuting the case. Bobtail Bear was remanded to the custody of the U.S. Marshal. A trial date has not been set.
White River Man Pleads Guilty to Abusive Sexual ContactRead the Press Release
United States Attorney Brendan V. Johnson announced that Francisco White Buffalo, age 35, of White River, South Dakota appeared before U.S. District Judge Roberto A. Lange on March 18, 2013 and pled guilty to Abusive Sexual Contact. The maximum penalty upon conviction is 10 years in custody, a $250,000 fine or both; life of supervised release; and a $100 special assessment.
The conviction stems from an incident that took place on August 15, 2012 when White Buffalo 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 Marie H. Ruettgers.
A presentence investigation was ordered and a sentencing date was set for June 3, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Wanblee Man Pleads Guilty to Controlled Substance ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that Reed Thomas Brown, Jr. a/k/a Baby Reed, age 37, of Wanblee, South Dakota appeared before U.S. Magistrate Judge Veronica L. Duffy on March 13, 2013 and pled guilty to Count I of the Indictment that charged him with conspiracy to distribute a controlled substance. The penalty upon conviction is a minimum of 5 up to 40 years’ imprisonment and/or a $5,000,000 fine.
Between October 2008 and July 2012, in South Dakota, Brown conspired to distribute 100 kilograms or more of marijuana. The investigation was conducted as part of Operation Eagle Eye, a controlled substances investigation conducted by the Northern Plains Safe Trails Task Force Drug Enforcement Task Force, whose member agencies include the Federal Bureaus of Investigation, the Bureau of Indian Affairs Office of Justice Services, the South Dakota Division of Criminal Investigation, the South Dakota Highway Patrol, the Pierre Police Department, and the Oglala Sioux Tribe – Department of Public Safety. The case is being prosecuted by Assistant U.S. Attorney Ted L. McBride.
The defendant was remanded to the custody of the U.S. Marshal pending acceptance of this plea and sentencing.
Wanblee Man Pleads Guilty to Controlled Substance ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that Howard Red Elk, age 45, of Wanblee, South Dakota appeared before Chief Judge Jeffrey L. Viken, U.S. District Court, on March 8, 2013 and pled guilty to conspiracy to distribute a controlled substance. The maximum penalty upon conviction is 5 years of imprisonment and/or a $250,000 fine.
Between January 2012, and continuing to July 24, 2012, Red Elk conspired to distribute marijuana in South Dakota. The investigation was conducted by the Bureau of Indian Affairs Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety, Northern Plains Safe Trails Drug Enforcement Task Force, and Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Ted McBride.
A presentence investigation was ordered and a sentencing date was set for June 6, 2013. The defendant was released on bond pending sentencing.
Two from Pine Ridge Plead Guilty to Involuntary ManslaughterRead the Press Release
United States Attorney Brendan V. Johnson announced that Whitnee Eagle, 24, and Abraham Red Cloud, 31, both of Pine Ridge, South Dakota appeared before U.S. Magistrate Judge Veronica L. Duffy on March 12 (Eagle), and March 13 (Red Cloud), 2013 and pled guilty to a charge of Involuntary Manslaughter. The Magistrate Judge is expected to recommend their pleas be accepted by the District Court. The maximum penalty upon conviction is 8 years’ imprisonment and/or a $250,000 fine.
On June 26, 2012 at Pine Ridge, Eagle and Red Cloud, after drinking large quantities of alcohol, rolled over on their five-month-old son who was sleeping in the same bed, suffocating him. The investigation was conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs Office of Justice Services. The case is being prosecuted by Assistant U.S. Attorney Eric Kelderman.
A presentence investigation was ordered and a sentencing date will be scheduled. Eagle and Red Cloud were remanded to the custody of the U.S. Marshal pending acceptance of their pleas and sentencing.
Three Indicted on Drug and Counterfeit ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that three individuals from Rapid City, South Dakota were indicted by a federal grand jury for possession with intent to distribute marijuana and methamphetamine, and counterfeiting and forging obligations and securities of the United States.
Zachary Smith-Cline, age 31, and Sara Smith-Cline, age 32, were indicted on February 20, 2013 for possession with intent to distribute marijuana and methamphetamine, and counterfeiting and forging obligations and securities of the United States. David Marshall, age 36, was also indicted on February 20, 2013 for possession with intent to distribute marijuana, and counterfeiting and forging obligations and securities of the United States. The offenses occurred on February 3-4, 2013.
All the defendants appeared before U.S. Magistrate Judge Veronica L. Duffy on March 12, 2013 and pled not guilty to the indictment. Zachary and Sara Smith-Cline’s maximum penalty upon conviction is a term of not less than 5 or more than 40 years’ imprisonment and/or $5,000,000 fine. Marshall’s maximum penalty upon conviction is 20 years’ imprisonment and/or $250,000 fine. The charges are merely accusations and the defendants are presumed innocent until and unless proven guilty.
The investigation is being conducted by the United States Secret Service, the Unified Narcotics Enforcement Team, the South Dakota Division of Criminal Investigation, and the Rapid City Police Department. Special Assistant U.S. Attorney Laura Shattuck and Assistant U.S. Attorney Eric Kelderman are prosecuting the case. The defendants were remanded to the custody of the U.S. Marshal. A trial date has not been set.
Sturgis Man Indicted for Illegal ReentryRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sturgis, South Dakota man was indicted by a federal grand jury for illegally reentering the United States after having been previously deported.
Carlos Jimenez-Burgos, 28, was indicted on March 6, 2013 for Illegal Reentry After Deportation. He appeared before U.S. Magistrate Judge Veronica L. Duffy on March 8, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 2 years’ imprisonment and/or a $250,000 fine. The charge is merely an accusation and Jimenez-Burgos is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Immigration and Customs Enforcement. Assistant U.S. Attorney Eric Kelderman is prosecuting the case. Jimenez-Burgos was remanded to the custody of the U.S. Marshal. A trial date has not been set.
St. Francis Man Sentenced for Simple AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota man convicted of Simple Assault was sentenced on March 19, 2013 by U.S. District Judge Roberto A. Lange. Jonathan Mark Blindman, age 31, was sentenced to 6 months custody, with credit for time served, and a $10 special assessment to the Victim Assistance Fund.
Blindman was indicted by a federal grand jury on September 19, 2012, and was found guilty of one count of simple assault at a jury trial on March 6, 2013.
The conviction stems from an incident that took place on August 22, 2012, when Blindman assaulted the victim.
The investigation was conducted by the Federal Bureau of Investigation and Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S Attorney Marie H. Ruettgers.
Blindman was released from custody.
Sharps Corner Woman Pleads Guilty to TheftRead the Press Release
United States Attorney Brendan V. Johnson announced that Doreen Two Bulls, a/k/a Doreen Brown, a/k/a Dee Dee Brown, age 53, of Sharps Corner, South Dakota appeared before U.S. Magistrate Judge Veronica L. Duffy on March 13, 2013 and pled guilty to Theft From Indian Tribal Organization. The Magistrate Judge is expected to recommend Two Bulls plea be accepted by the District Court. The maximum penalty upon conviction is 5 years' imprisonment and/or a $250,000 fine.
Between August 2010 and January 2011, Two Bulls, an employee of an Indian Tribal Organization, stole checks issued to tribal organizations, put her name on them and then cashed for personal use. The investigation was conducted by the Federal Bureau of Investigation. 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 released on bond pending acceptance of the plea and sentencing.
Rapid City Woman Pleads Guilty to Controlled Substance ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that Billi American Horse, age 24, of Rapid City, South Dakota appeared before Chief Judge Jeffrey L. Viken, U.S. District Court, on March 11, 2013 and pled guilty to count II of a superseding indictment that charged her with conspiracy to distribute a controlled substance. The penalty upon conviction is a minimum of 5 years up to 40 years’ imprisonment and/or a $5,000,000 fine.
The charge relates to American Horse conspiring with others to distribute at least 100 kilograms or more of marijuana in South Dakota between October 2008 and May 2012. The investigation was conducted by the Federal Bureau of Investigation, Northern Plains Safe Trails Drug Enforcement Task Force, South Dakota Division of Criminal Investigation, and Bureau of Indian Affairs. The case is being prosecuted by Assistant U.S. Attorney Ted L. McBride.
A presentence investigation was ordered and a sentencing date was set for July 8, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Rapid City Man Pleads Guilty to AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that Sydney Lightning Fire, age 30, of Rapid City, South Dakota appeared before U.S. District Judge Roberto A. Lange on March 18, 2013 and pled guilty to the Superseding Information that charged him with Assaulting, Resisting, or Impeding a Federal Officer. The maximum penalty upon conviction is 8 years in custody, a $250,000 fine, or both; and 3 years of supervised release.
The conviction stems from Lightning Fire’s assault of a Cheyenne River Sioux Tribe Law Enforcement Officer in July 2012.
The investigation was conducted by the Federal Bureau of Investigation and 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 3, 2013. The defendant will report to the custody of the U.S. Marshals Service on April 8, 2012 to await sentencing.
Rapid City Man Indicted for Illegal ReentryRead 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 illegally reentering the United States after having been previously deported.
Marcos Miranda-Sanchez, 56, was indicted on October 23, 2012 for Illegal Reentry After Deportation. 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 2 years’ imprisonment and/or a $250,000 fine. The charge is merely an accusation and Miranda-Sanchez is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Immigration and Customs Enforcement. Assistant U.S. Attorney Eric Kelderman is prosecuting the case. Miranda-Sanchez was remanded to the custody of the U.S. Marshal. A trial date has not been set.
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.
Benjamin Godfrey Chipps Jr., 33, was indicted on February 20, 2013 for Failure to Register. He appeared before U.S. Magistrate Judge Veronica L. Duffy on March 11, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 10 years’ imprisonment and/or a $250,000 fine. The charge is merely an accusation and Chipps is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Eric Kelderman is prosecuting the case. Chipps was remanded to the custody of the U.S. Marshal. A trial date has not been set.
Pukwana Man Indicted on Assault ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pukwana, South Dakota man has been indicted by a federal grand jury.
Samuel Antelope, age 32, was indicted by a federal grand jury on January 16, 2013 for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury. Antelope appeared before U.S. Magistrate Judge Mark A. Moreno on March 18, 2013 and pled not guilty to the indictment.
The maximum penalty upon conviction is 10 years of imprisonment, a $250,000 fine, or both; 3 years of supervised release and an additional 2 years of supervised release upon revocation. Restitution and a $100 special assessment may also be ordered. The charges are merely accusations, and Antelope is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs and Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case. Antelope was remanded to the custody of the U.S. Marshal. A trial date has not been set.
Pine Ridge Woman Pleads Guilty to False StatementRead the Press Release
United States Attorney Brendan V. Johnson announced that Natalie White Plume, a/k/a Natalie Lame, age 36, of Pine Ridge, South Dakota appeared before Chief Judge Jeffrey L. Viken, U.S. District Court, on March 8, 2013 and pled guilty to False Statement. The maximum penalty upon conviction is 5 years of imprisonment and a $250,000 fine.
Between March and April 2011, White Plume did not disclose income as required on her Economic Assistance Application for Temporary Assistance to Needy Families (TANF), a United States Department of Health and Human Services Program, and her application for the Supplemental Nutrition Assistance Program (SNAP), a United States Department of Agriculture Program. Both federal programs are administered by the State of South Dakota Department of Social Services, and the investigation was conducted by that agency.
A presentence investigation was ordered and a sentencing date was set for June 11, 2013. The defendant was released on bond pending sentencing.
Pine Ridge Man Pleads Guilty to Assaulting A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that Clarence Janis, age 30, of Pine Ridge, South Dakota appeared before U.S. Magistrate Judge Veronica L. Duffy on March 7, 2013 and pled guilty to Assaulting a Federal Officer. The maximum penalty upon conviction is 1 year of imprisonment and/or a $100,000 fine.
On May 7, 2011 near Pine Ridge, Janis assaulted an Oglala Sioux Tribe police officer as she was attempting to remove him from a residence. 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 Eric Kelderman.
A presentence investigation was ordered and a sentencing date was set for May 16, 2013. The defendant was remanded to the custody of the U.S. Marshal pending acceptance of this plea and sentencing.
Montana Man Sentenced for Possession of Child PornographyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Belgrade, Montana man convicted of Possession of Child Pornography was sentenced on March 15, 2013 by Chief Judge Jeffrey L. Viken, U.S. District Court.
Michael Blackburn, age 63, was sentenced to 36 months’ imprisonment, 10 years’ supervised release and ordered to pay $100 to the Victim Assistance Fund.
In April 2012, Blackburn knowingly possessed computer files that contained images of child pornography. He pled guilty on October 29, 2012.
This case was investigated by the South Dakota Division of Criminal Investigation, and Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Mission Woman Pleads Guilty to Theft of Government FundsRead the Press Release
United States Attorney Brendan V. Johnson announced that Donna Peterson, age 48, of Mission, South Dakota appeared before U.S. District Court Judge Roberto A. Lange on March 18, 2013 and pled guilty to one count of Theft of Government Funds. The maximum penalty upon conviction is ten years in custody, a $250,000 fine, and 3 years of supervised release.
From 1996 to 2008, Donna Peterson was an employee of Costello Company Property Management. During that time she served as manager of the Sunrise Village Apartment Complex which was managed by Costello Company Property Management and located in Mission, South Dakota. The United States Department of Agriculture Rural Development Agency provided rent subsidy payments to Costello Property Management for tenants who met certain income requirements. Between January 1, 2007 and December 31, 2007, Peterson received cash from tenants in an amount $32,723.36 which she did not deposit in the Sunrise Village bank account, but instead embezzled and misapplied.
The investigation was conducted by the United States Department of Agriculture, Office of Inspector General-Investigations . The case is being prosecuted by Assistant U.S. Attorney Dennis R. Holmes.
A presentence investigation was ordered and a sentencing date was set for June 3, 2013. The defendant was released on bond pending sentencing.
Mission Man Pleads Guilty to Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that Johnny Lunderman, a/k/a Johnny Iron Horse, age 30, of Mission, South Dakota appeared before U.S. District Judge Roberto A. Lange on March 19, 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 a $100 special assessment.
The Defendant was convicted of Sexual Abuse of a Minor on September 8, 2009. The Court sentenced Lunderman to 40 months’ imprisonment, 5 years of supervised release and also ordered that he must register as a sex offender. On January 9, 2012, Lunderman began his term of supervised release. It was determined on December 12, 2012 that Lunderman was not living at the home in which he had registered in Rapid City. On February 3, 2013 Lunderman was arrested near the Rosebud Sioux Indian Reservation.
The investigation was conducted by the U.S. Marshal Service. The case is being prosecuted by Assistant U.S. Attorney Tim Maher.
A presentence investigation was ordered and a sentencing date was set for June 3, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Martin Woman Pleads Guilty to Controlled Substance ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that Belinda Dubray, age 44, of Martin, South Dakota appeared before Chief Judge Jeffrey L. Viken, U.S. District Court, on March 7, 2013 and pled guilty to distribution of a controlled substance. The maximum penalty upon conviction is 10 years of imprisonment and/or a $500,000 fine.
On September 7, 2012 at Martin, Dubray distributed hydrocodone with acetaminophen. The investigation was conducted by the Bureau of Indian Affairs Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, the Northern Plains Safe Trails Drug Enforcement Task Force, the Martin Police Department, and the South Dakota Division of Criminal Investigation. The case is being prosecuted by Special Assistant U.S. Attorney Laura A. Shattuck.
A presentence investigation was ordered and a sentencing date was set for July 12, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Manderson Man Sentenced for Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that a Manderson, South Dakota man convicted of Assault With a Dangerous Weapon was sentenced on March 15, 2013 by Chief Judge Jeffrey L. Viken, U.S. District Court.
Eric Kills Enemy at Night, a/k/a Eric Kills Enemy, age 19, was sentenced to 33 months’ imprisonment and 3 years of supervised release and ordered to pay $100 to the Victim Assistance Fund.
In September 2012, at Manderson, Kills Enemy at Night struck a man in the arm and face with a wooden mop handle, breaking the man’s arm. He pled guilty on December 5, 2012.
This case was investigated by the Bureau of Indian Affairs Office of Justice Services and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Manderson Man Pleads Guilty to Interstate Transportation of Stolen Motor VehicleRead the Press Release
United States Attorney Brendan V. Johnson announced that Clayton J. Fire Thunder, age 38, of Manderson, South Dakota appeared before U.S. Magistrate Judge Veronica L. Duffy on March 13, 2013 and pled guilty to Interstate Transportation of Stolen Motor Vehicle. The maximum penalty upon conviction is 10 years' imprisonment and/or a $250,000 fine.
On January 13, 2012 at White Clay, Nebraska, Fire Thunder stole a pickup truck and led police units on a chase around the Pine Ridge Indian Reservation in South Dakota before being cornered by police. 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 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.
Jackson County Woman Pleads Guilty to Controlled Substance ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that Whisper Montileaux, age 30, of Potato Creek, South Dakota appeared before U.S. Magistrate Judge Veronica L. Duffy on March 13, 2013 and pled guilty to conspiracy to distribute a controlled substance. The penalty upon conviction is a minimum of 5 up to 40 years’ imprisonment and/or a $5,000,000 fine.
The charge relates to Montileaux conspiring with others to distribute at least 100 kilograms or more of marijuana in South Dakota between 2008 and 2012. The investigation was conducted by the Federal Bureau of Investigation, Northern Plains Safe Trails Drug Enforcement Task Force, South Dakota Division of Criminal Investigation, and Bureau of Indian Affairs Office of Justice Services. The case is being prosecuted by Assistant U.S. Attorney Ted L. McBride.
The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Eagle Butte Man Sentenced for Sexual Assault and Sexual Abuse ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota man convicted of one count of Sexual Assault of a Minor and one count of Sexual Abuse of a Person Incapable of Consenting, was sentenced on March 18, 2013 by U.S. District Judge Roberto A. Lange.
Patrick Brown Thunder, age 31, was sentenced to 240 months in custody, 5 years of supervised release, and a $200 Special Assessment that goes to the Victim Assistance Fund.
The convictions were the result of two different incidents—one that occurred in April 2006 and the other in March of 2008—near Dupree, South Dakota. Both incidents involved Brown Thunder sexually assaulting young females under the age of 16.
The investigation was conducted by the Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
Brown Thunder was remanded to the custody of the U.S. Marshal to begin serving his sentence.
Crow Creek Man Sentenced for Conspiracy and Distribution of A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that a Crow Creek, South Dakota man convicted of Conspiracy and Distribution of a Controlled Substance was sentenced on March 19, 2013 by U.S. District Judge Roberto A. Lange.
Royce Kirkie, age 35, was sentenced, on each count, to 37 months of imprisonment and 2 years of supervised release, with the sentences to run concurrently. Kirkie is to also pay $200 to the Victim Assistance Fund.
Kirkie was indicted for the above charges by a federal grand jury on July 18, 2012. The conspiracy charge stems from incidents occurring between February 13, 2011 and April 20, 2011 in Buffalo County, South Dakota in which Kirkie combined and conspired with another Defendant to distribute and possess with intent to distribute marijuana. The Distribution of a Controlled Substance charge stems from an incident on April 13, 2011 when Kirkie distributed marijuana.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force and Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Kirkie was immediately turned over to the custody of the U.S. Marshal.
Timber Lake Man Charged with AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Timber Lake, South Dakota man has been charged by Information with Assault by Striking, Beating and Wounding.
Brent Biegler, age 32, was charged by Information on March 7, 2013. He appeared before U.S. Magistrate Mark A. Moreno on March 14, 2013 and pled not guilty to the Information. The maximum penalty upon conviction is 6 months in custody, a $5,000 fine, or both; restitution; and a $10 special assessment.
The charge relates to an allegation that Biegler assaulted a Timber Lake woman on September 15, 2012. The charge is merely an accusation, and Biegler 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 Division. Assistant U.S. Attorney Mikal Hanson is prosecuting the case. Biegler was released on bond pending trial. A trial date has not been set.
Rosebud Man Pleads Guilty to Assault ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that Jesse Young, age 36, of Rosebud, South Dakota appeared before U.S. Magistrate Judge Mark A. Moreno on March 15, 2013 and pled guilty to Assaulting, Resisting, or Impeding Certain Officers. 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 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 is being prosecuted by Assistant U.S. Attorney Marie H. Ruettgers.
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 pending sentencing.
Rapid City Woman Pleads Guilty to Assault ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that Raylene C. Chips, a/k/a Raelene C. Chips, a/k/a Raelene C. Chipps, age 24, of Rapid City, South Dakota appeared before U.S. Magistrate Judge Mark A. Moreno on March 14, 2013, and pled guilty to a Superseding Information charging her with Simple Assault. The maximum penalty upon conviction is 6 months’ imprisonment, a $5,000 fine or both, and a period of supervised release of not more than 1 year.
The conviction stems from an incident on the 4th day of May, 2012 when Chips was riding in a car in Mission, South Dakota and the vehicle came upon two women walking along the road and stopped. Two occupants of the vehicle exited and confronted the victim. A fight ensued and Chipps joined in the assault. As a result, the victim sustained a broken jaw, among other injuries.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant U.S. Attorney Troy Morley.
A presentence investigation was ordered. A sentencing date has not been set. The Defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Parmalee Man Arraigned on Sexual Abuse ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a superseding indictment for Aggravated Sexual Abuse of a Child, Abusive Sexual Contact of a Child, and Abusive Sexual Contact of a Child While Required to Register as a Sex Offender has been filed against a Parmalee, South Dakota man.
Randy Never Misses A Shot, age 48, was indicted by a federal grand jury on March 13, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 15, 2013, and pled not guilty to the superseding indictment. The maximum penalty upon conviction is life imprisonment. The charges are merely accusations and Never Misses A Shot is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy Morley is prosecuting the case. Never Misses A Shot was remanded to the custody of the U.S. Marshal. A trial date has not been set.
Mission Woman Indicted for Burglary and LarcenyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota woman has been indicted by a federal grand jury for Second Degree Burglary and Larceny.
Monique Flood, age 20, was indicted by a federal grand jury on February 13, 2013. She appeared before U.S. Magistrate Judge Mark A. Moreno on March 15, 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 Flood is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Timothy M. Maher is prosecuting the case.
Flood was released on bond pending trial. A trial date has been set for April 30, 2013.
Madison Man Indicted on Counterfeit ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Madison, South Dakota man has been indicted by a federal grand jury for counterfeiting.
Adrian D. Logan, age 25, was indicted by a federal grand jury on March 6, 2013 for Dealing in Counterfeit U.S. Currency and Passing Counterfeit U.S. Currency. He appeared before U.S. Magistrate Judge John E. Simko on March 15, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 20 years imprisonment and a $250,000 fine. The charge is merely an accusation and Logan is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Madison Police Department, the Sioux Falls Police Department, and the United States Secret Service. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case. Logan was remanded to the custody of the State of South Dakota. A trial date has not been set.
Lower Brule Woman Charged with Assaulting, Resisting and Impeding A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota woman has been indicted by a federal grand jury.
Lauren LaRoche, age 24, was indicted by a federal grand jury on March 13, 2013 for Assaulting, Resisting and Impeding a Federal Officer. LaRoche appeared before U.S. Magistrate Judge Mark A. Moreno on March 14, 2013 and pled not guilty to the indictment. 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 may also be ordered. The charge is merely an accusation, and LaRoche is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs and Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case. LaRoche was remanded to the custody of the U.S. Marshal. A trial date has not been set.
Lower Brule Man Charged with Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota man has been indicted by a federal grand jury.
Irvin Scott Yazzie, a/k/a Alex Yazzie, age 24, was indicted by a federal grand jury on March 13, 2013 for Assault with a Dangerous Weapon. Yazzie appeared before U.S. Magistrate Judge Mark A. Moreno on March 15, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 10 years of imprisonment, a $250,000 fine, or both; 3 years of supervised release and an additional 2 years of supervised release upon revocation. Restitution and a $100 special assessment may also be ordered. The charge is merely an accusation, and Yazzie is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs and Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case. Yazzie was remanded to the custody of the U.S. Marshal. A trial date has not been set.
Fort Pierre Man Pleads Guilty to Possession of A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that Brent Flood, age 23, of Fort Pierre, South Dakota appeared before U.S. Magistrate Judge Mark A. Moreno on March 13, 2013 and pled guilty to the Superseding Information that charged him with Possession of a Controlled Substance. The maximum penalty upon conviction is 1 year of imprisonment, a $1,000 but not more than $100,000 fine, or both; 1 year of supervised release; an additional year of supervised release upon revocation and $25 special assessment to the Victim Assistance Fund. Restitution may also be imposed.
The charge stems from an incident on April 5, 2012 wherein Flood knowingly and intentionally possessed marijuana, a Schedule I controlled substance.
The investigation was conducted by the Northern Plains Safe Trails Drug Task Force and Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.
Flood was remanded to the custody of the U.S. Marshal pending sentencing which has been set for May 13, 2013.
Colorado Man Indicted for Failure to AppearRead the Press Release
United States Attorney Brendan V. Johnson announced that a Colorado man was indicted by a federal grand jury for failing to appear in federal court on another matter pending against him.
Hoang C. Huynh, 47, was indicted on December 21, 2010, for Failure to Appear on a child support case. He appeared before U.S. Magistrate Judge Veronica L. Duffy on March 8, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 2 years of imprisonment and/or a $250,000 fine. The charge is merely an accusation and Huynh is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Office of Inspector General, Health and Human Services. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case. Huynh was remanded to the custody of the U.S. Marshal. A trial date has not been set.