District of South Dakota
Press releases recorded for this federal judicial district.
Violence Against Women Advocacy Group Names U.S. Attorney Brendan Johnson Prosecutor of the YearRead the Press Release
The South Dakota Domestic Violence Coordinating Committee (SDVCC) has chosen Brendan Johnson as their Prosecutor of the Year. Brendan Johnson began his career prosecuting violence against women cases as a state prosecutor and has been the U.S. Attorney for the District of South Dakota since 2009. During this time the U.S. Attorney’s office has made human trafficking, domestic abuse and sexual violence a priority, and prosecution rates have increased.
“Brendan has demonstrated a heartfelt commitment to protecting women and holding defendants accountable,” said Brenda Hill, Native Co-Director of SD Coalition Ending Domestic & Sexual Violence, praised the selection. “He truly comprehends the entire continuum of violence against women and strongly supports our efforts to reduce domestic and sexual violence. Brendan Johnson is an excellent role model and provides remarkable leadership.”
The SDDVCC is an organization led by the South Dakota Coalition Ending Domestic & Sexual Violence and the South Dakota Network Against Family Violence and Sexual Assault. The organization includes law enforcement leaders from the state, federal, and tribal levels and is designed to protect and represent the interests of survivors of domestic and sexual assault.
Krista Heeren-Graber, Director of the SD Network Against Family Violence and Sexual Assault, also applauded the selection. “Brendan has an impressive track record in the fight against domestic violence. His grit and determination to bring these perpetrators to justice has been a turning point in the lives of several victims. Quite simply, he has given them hope,” said Heeren-Graber.
“I am extremely honored to receive this award, but want to recognize the work of my entire office and our law enforcement partners. Without them, none of this is possible,” said Johnson. “I’ve appreciated the opportunity to work with violence against women advocates and am proud of our shared accomplishments. Progress has been made, but there is more work to be done.”
Johnson is the second recipient of the committee’s award. Last year’s recipient was Michael Moore, Beadle County State’s Attorney.
Pierre Man Pleads Guilty and Sentenced for Possession of A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pierre, South Dakota man was convicted of Possession of a Controlled Substance and sentenced on March 13, 2013 by U.S. Magistrate Judge Mark A. Moreno.
Michael Mancuso, age 19, was sentenced to 1 year probation, $1,000 fine and $25 special assessment to the Victim Assistance Fund.
The charge stems from an incident on July 1, 2012 wherein Mancuso 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 prosecuted the case.
Mancuso was released with conditions to begin his probation sentence.
North Dakota Man Convicted of AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that Joey White Eagle, age 32, of Fort Totten, North Dakota appeared before U.S. Magistrate Judge William D. Gerdes on March 7, 2013 and pled guilty to Superseding Information that charged him with Assault by Striking, Beating and Wounding. The maximum penalty upon conviction is 6 months in custody, a $5,000 fine, restitution and a $10 assessment to the Victim Assistance Fund.
The conviction stems from a gang fight that occurred on April 24, 2010 at Bullhead, South Dakota between the Little Eagle family and their supporters and the White Eagle family and their supporters.
The investigation was conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Standing Rock Agency. The case is being prosecuted by Assistant U.S. Attorney Mikal Hanson.
A presentence investigation was ordered, and a sentencing date was set for May 30, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
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.
Tara Makes Room For Them, age 19, was indicted by a federal grand jury on February 13, 2013. She appeared before U.S. Magistrate Judge Mark A. Moreno on March 13, 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 Makes Room For Them 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.
Makes Room For Them was released on bond pending trial. A trial date has not been set.
Colorado Man Pleads Guilty to Controlled Substance ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that Joshua Julian, age 24, of Denver, Colorado appeared before Chief U.S. District Judge Jeffrey L. Viken on February 22, 2013 and pled guilty to Conspiracy to Distribute a Controlled Substance. The maximum penalty upon conviction is 20 years of imprisonment and/or a $1,000,000 fine.
Between September 1, 2009, and February 16, 2010, Julian conspired with others to intentionally distribute, and possess with the intent to distribute cocaine, in South Dakota. The investigation was conducted by the Drug Enforcement Agency and Unified Narcotics Enforcement Team, which is compromised of the South Dakota Division of Criminal Investigation, Pennington County Sheriff’s Office, and Rapid City Police Department. 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 June 11, 2013. The defendant was remanded to the custody of the U.S. Marshal pending acceptance of this plea and sentencing.
Rapid City Man Pleads Guilty to Escape ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that Floyd Bullman, age 40, of Rapid City, South Dakota appeared before Chief U.S. District Judge Jeffrey L. Viken on March 8, 2013 and pled guilty to a charge of Escape. The maximum penalty upon conviction is 5 years’ imprisonment and/or a $250,000 fine.
On November 5, 2012, Bullman failed to return to Community Alternatives of the Black Hills, where he was serving part of a federal sentence. 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 was set for July 8, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Porcupine Man Pleads Guilty to AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that Quentine L. Lone Elk, age 46, of Porcupine, South Dakota appeared before U.S. Magistrate Judge Veronica L. Duffy on March 8, 2013 and pled guilty to Assault by Striking, Beating, or Wounding. The maximum penalty upon conviction is 6 months of imprisonment and a $5,000 fine.
The charge relates to Lone Elk assaulting another man at Porcupine on October 22, 2011. 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 3, 2013. The defendant was released on bond pending sentencing.
Pine Ridge Man Pleads Guilty to LarcenyRead the Press Release
United States Attorney Brendan V. Johnson announced that Charles Pulliam, age 18, of Pine Ridge, South Dakota appeared before Chief U.S. District Judge Jeffrey L. Viken on March 7, 2013 and pled guilty to Larceny. The maximum penalty upon conviction is 5 years of imprisonment and a $250,000 fine.
The charge stems from Pulliam stealing a 2001 Pontiac from another individual at Pine Ridge between December 24 and 25, 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.
A presentence investigation was ordered and a sentencing date was set for July 5, 2013. The defendant was remanded to the custody of the U.S Marshal pending sentencing.
Pine Ridge Man Pleads Guilty to AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that Kevin Ray Apple, age 38, of Pine Ridge, South Dakota appeared before U.S. Chief District Judge Jeffrey L. Viken on March 8, 2013 and pled guilty to Assaulting a Federal Officer. The maximum penalty upon conviction is 20 years of imprisonment and a $250,000 fine.
The charge relates to Apple assaulting an Oglala Sioux Tribal Officer with a vehicle during a traffic stop at Pine Ridge on May 21, 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 Eric Kelderman.
A presentence investigation was ordered and a sentencing date was set for June 11, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Oglala Man Pleads Guilty to Assault ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that Tristan Yellow Horse, 27, of Oglala, South Dakota appeared before Chief U.S. District Judge Jeffrey L. Viken on March 8, 2013 and pled guilty to a charge of Assault Resulting in Serious Bodily Injury. The maximum penalty upon conviction is 10 years’ imprisonment and/or a $250,000 fine.
On February 7, 2011 Yellow Horse was at the victim’s house in Oglala and was asked to leave. While being walked to the door, Yellow Horse punched the victim in the face and knocked him to the ground, causing a dislocated shoulder and extreme pain. The investigation was conducted by the Oglala Sioux Tribe Department of Public Safety and 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 and a sentencing date was set for July 8, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Historic Agreement Places New Prosecutor on Standing Rock Reservation to Prosecute Violence Against Women CasesRead the Press Release
United States Attorney Brendan V. Johnson announced the appointment of Erin Shanley as Special Assistant United States Attorney (SAUSA) for the Standing Rock Sioux Tribe. She was sworn in March 4, 2013 at the District Court Chambers in Pierre, South Dakota by U.S. District Judge Roberto A. Lange.
Shanley started her duties on January 14, 2013 and is headquartered at Standing Rock Tribal Court, Office of the Prosecutor, in Fort Yates, North Dakota.
The addition of a special tribal prosecutor is a result of a Memorandum of Understanding (MOU) signed between the Standing Rock Sioux Tribe (SRST) and the United States Attorneys’ Offices in the District of South Dakota and the District of North Dakota. The MOU was signed on July 10, 2012 at SRST headquarters.
The MOU was a historic agreement between the SRST and the United States Department of Justice. The agreement authorized the hiring of a Tribal SAUSA to prosecute violence against women cases in federal and tribal courts. The funding for this new position is provided by a grant from the Justice Department’s Office on Violence against Women.
U.S. Attorney Johnson is past Chairman of the Justice Department’s Native American Issues Subcommittee. In that capacity, Johnson spearheaded this initiative and he wrote and submitted the proposal for the creation of this position to address the unique jurisdictional issues of the Standing Rock Reservation. During his time as U.S. Attorney, he has made the prosecution of cases involving violence against women a top priority.
Shanley will handle the prosecution of cases involving domestic violence, dating violence, sexual assault, and stalking that are committed within the boundaries of the SRST. She will have authority to pursue those cases in federal court in both South Dakota and North Dakota, as well as in Standing Rock Tribal Court. She will work in close collaboration with Assistant U.S. Attorneys in both states on these cases.
Shanley is an enrolled member of the Cheyenne River Sioux Tribe. Prior to this appointment, she was Assistant Prosecutor for the Pascua Yaqui Tribe in Arizona.
Wanblee Man Sentenced for Controlled Substance DistributionRead the Press Release
United States Attorney Brendan V. Johnson announced that a Wanblee, South Dakota man convicted of Distribution of a Controlled Substance was sentenced on February 25, 2013 by Chief U.S. District Judge Jeffrey L. Viken.
Roger Bettelyoun, age 57, was sentenced to time served, 2 years' supervised release, and a $100 special assessment to the Victim Assistance Fund.
On September 24, 2011, Bettelyoun illegally sold marijuana cigarettes. Bettelyoun pleaded guilty to the charge on November 28, 2012.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Ted L. McBride prosecuted the case.
Rapid City Man Sentenced for Controlled Substance DistributionRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on March 1, 2013 by Chief U.S. District Judge Jeffrey L. Viken.
Kyle Thomas Soltesz, age 33, was sentenced to 27 months’ imprisonment, 5 years' supervised release, and a $100 special assessment to the Victim Assistance Fund.
Beginning on or about the spring of 2011, Soltesz conspired to distribute marijuana in the Rapid City area. Soltesz pled guilty to the charge on October 24, 2012. This case was investigated by the Drug Enforcement Administration. Assistant U.S. Attorney Ted L. McBride prosecuted the case.
Pine Ridge Woman Pleads Guilty to Controlled Substance ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that Victoria Running Hawk, age 31, of Pine Ridge, South Dakota appeared before Chief U.S. District Judge Jeffrey L. Viken on February 28, 2013 and pled guilty to Possession with Intent to Distribute a Controlled Substance. The penalty upon conviction is not less than 5 but no more than 40 years imprisonment and/or a $5,000,000 fine.
On or about September 16, 2012, Running Hawk did possess, with the intent to distribute, 50 grams or more of methamphetamine. The investigation was conducted by the South Dakota Highway Patrol and the Northern Plains Safe Trails Drug Enforcement Task Force. 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 28, 2013. The defendant was remanded to the custody of the U.S. Marshal pending acceptance of this plea and sentencing.
Pine Ridge Man AcquittedRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota man was acquitted of the charge of Felon in Possession of a Firearm and Ammunition on February 22, 2013.
On June 6, 2012 Wesley Wade Running Shield was indicted for being a felon in possession of a firearm and ammunition at Pine Ridge on June 6, 2012. Running Shield was found not guilty of the charge on February 22, 2013.
The case was investigated by the Bureau of Indian Affairs Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Special Assistant U.S. Attorney Laura Shattuck and Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Martin Woman Sentenced for Controlled Substance DistributionRead the Press Release
United States Attorney Brendan V. Johnson announced that a Martin, South Dakota woman convicted of distribution of a controlled substance was sentenced by Chief U.S. District Judge Jeffrey L. Viken on March 1, 2013.
Claudia Jeanine Apple, age 45, was sentenced to 12 months and 1 day of imprisonment, 6 years of supervised release, and a $100 special assessment to the Victim Assistance Fund.
On January 31, 2012 Apple distributed 15 Ritalin pills within 1,000 feet of a school at Martin. Apple pled guilty to the charge on October 24, 2012.
This case was part of Operation Prairie Pharm, a controlled substances investigation conducted by the Northern Plains Safe Trails Drug Enforcement Task Force, whose member agencies include the Federal Bureau of Investigation, the Bureau of Indian Affairs, 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 Bennett County Sheriff’s Office and Martin Police Department also assisted in the investigation. The case is being prosecuted by Special Assistant U.S. Attorney Laura Shattuck.
Martin Man Sentenced for Controlled Substance DistributionRead the Press Release
United States Attorney Brendan V. Johnson announced that a Martin, South Dakota man convicted of Distribution of a Controlled Substance was sentenced on March 4, 2013 by Chief U.S. District Judge Jeffrey L. Viken.
William Apple, age 26, was sentenced to time served, 3 years' supervised release, and a $100 special assessment to the Victim Assistance Fund.
On or about January 27, 2012, Apple distributed morphine in Martin. Apple pled guilty to the charge on November 21, 2012.
This case was investigated by the Northern Plains Safe Trails Task Force. Assistant U.S. Attorney Ted L. McBride prosecuted the case.
Two People from Mexico Indicted for LarcenyRead the Press Release
United States Attorney Brendan V. Johnson announced that Ismael Espinoza-Ortiz, a/k/a Misael Sereseres Ortega, age 37, and Alejandra Corral Madrid, age 26, both of Mexico, appeared before U.S. District Judge Roberto A. Lange on March 6, 2013 and pled guilty to the Indictment that charged them with Bank Larceny. The maximum penalty upon conviction is 10 years of imprisonment, a $250,000 fine, or both; 3 years of supervised release; an additional 2 years of supervised release upon revocation; and $100 to the Victim Assistance Fund. Restitution may be imposed.
The charge stems from an incident on November 5, 2012 wherein Sereseres Ortega and Corral Madrid entered the BankWest branch office in Pierre, South Dakota and Sereseres Ortega handed the bank teller $1,535 in small bills and requested the teller change the bills into larger ones. Corral Madrid stood next to Sereseres Ortega at the teller window and witnessed the interaction. While the teller walked several feet from her station to use a bill counting machine, Sereseres Ortega reached his left hand under the glass and stole property and money belonging to and in the care, custody and control, management and possession of BankWest in the amount of $2,070. After taking the property and money belonging to BankWest, Sereseres Ortega and Corral Madrid exited the bank and fled Pierre. They were arrested later that day in Campbell County, South Dakota.
Sereseres Ortega also pled guilty to the Indictment that charged him with Illegal Reentry after Deportation. The maximum penalty upon conviction is 10 years of imprisonment, a $250,000 fine, or both; 3 years of supervised release; an additional 2 years of supervised release upon revocation; and $100 to the Victim Assistance Fund.
That charge stems from incidents wherein Sereseres Ortega has previously been ordered to deport from the United States. He was ordered to deport to Mexico on June 18, 1995 and was deported on January 19, 1996 through El Paso, Texas. He was arrested by immigration officials on October 6, 1997 and was again removed to Mexico on October 9, 1997. He was arrested again by immigration officials on February 17, 2010 and deported to Mexico on February 23, 2010. At no time since his initial deportation in 1996, has Sereseres Ortega requested or been granted permission to reenter the United States.
The investigation was conducted by the Federal Bureau of Investigation and the Immigration and Customs Enforcement. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the cases. Both defendants were remanded to the custody of the U.S. Marshal pending sentencing, which has been set for May 29, 2013.
St. Francis Man Convicted of AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that Jonathan Mark Blindman, age 31, of St. Francis, South Dakota was convicted of one count of simple assault by a federal jury in Pierre. He was found not guilty of one count of Aggravated Sexual abuse and one count of Sexual Abuse. The charge carries a maximum penalty of 6 months in custody, a $5,000 fine, or both; and a $10 special assessment.
The conviction stems from an incident that took place on August 22, 2012 when Blindman assaulted the victim.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and was prosecuted by Assistant U.S. Attorney Marie H. Ruettgers.
The defendant was remanded to the custody of the U.S. Marshal.
Rapid City Man Indicted for Failing to Update Sex Offender RegistrationRead 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.
Seth Between Lodges, 31, was indicted on November 19, 2012 for Failure to Register. He appeared before U.S. Magistrate Judge Veronica L. Duffy on March 5, 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 Between Lodges is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.
Between Lodges was remanded to the custody of the U.S. Marshal. A trial date has not been set.
Mission Man Pleads Guilty to LarcenyRead the Press Release
United States Attorney Brendan V. Johnson announced that Eddie Tunstall, age 33, of Mission, South Dakota appeared before U.S. District Judge Roberto A. Lange on March 6, 2013 and pled guilty to Larceny. The maximum penalty upon conviction is 5 years in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 special assessment.
The conviction stems from an incident that took place on December 29, 2011 when Tunstall entered the Turtle Creek Crossing store in Mission, took U.S. Currency from the store’s safe, and then left.
The investigation was conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant U.S. Attorney Tim Maher.
A presentence investigation was ordered and a sentencing date was set for May 29, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
McLaughlin Man Indicted for Failure to AppearRead 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 Failure to Appear for his sentencing hearing. The hearing was United States v. Ivan Looking Horse, Jr., in which Looking Horse pled guilty to the crime of Involuntary Manslaughter.
Ivan Looking Horse, Jr., age 25, was indicted by a federal grand jury on February 13, 2013. He appeared before U.S. Magistrate William D. Gerdes on March 1, 2013 and pled not guilty to the new indictment for Failure to Appear. The maximum penalty upon conviction is 5 years in custody, a $250,000, or both; 3 years of supervised release; and a $100 special assessment. Restitution may also be ordered. The charge is merely an accusation, and Looking Horse, Jr., is presumed innocent until and unless proven guilty.
Looking Horse’s conviction for Involuntary Manslaughter arose from an incident in August 2009 when he failed to stop at an intersection on a highway near Kenel, and his vehicle then struck the Standing Rock Sioux Community Transportation Bus, resulting in the death of a passenger on the bus.
The investigation is being conducted by the U.S. Marshal Service. Assistant U.S. Attorney Mikal Hanson is prosecuting the case. Looking Horse, Jr., was remanded to the custody of the U.S. Marshal. A trial date has not been set.
Lower Brule Man Sentenced for Sexual AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota man convicted of Sexual Abuse was sentenced on March 6, 2013 by U.S. District Judge Roberto A. Lange. Martin Charger, age 37, was sentenced to 151 months in prison, 5 years of supervised release and $100 to the Victim Assistance Fund.
Charger was indicted for Aggravated Sexual Abuse of a Child by a federal grand jury on July 10, 2012. The charge stems from an incident occurring during the calendar year 2007, when Charger was in an intimate relationship with the victim’s mother. Charger intimidated the victim, who was under the age of 12, to engage in sexual acts. The victim engaged in this conduct because she was in fear of Charger and afraid of his size. Charger pled guilty to Sexual Abuse on December 18, 2012.
The investigation was conducted by the Federal Bureau of Investigation and Assistant U.S. Attorney Meghan N. Dilges prosecuted the case. Charger was immediately turned over to the custody of the U.S. Marshal.
Lower Brule Man Pleads Guilty to AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that Elmer LaRoche, age 26, of Lower Brule, South Dakota appeared before U.S. District Judge Roberto A. Lange on March 6, 2013 and pled guilty to the Superseding Information that charged him with Assaulting, Resisting and Impeding a Federal Officer. The maximum penalty upon conviction is 8 years of imprisonment, a $250,000 fine, or both; 3 years of supervised release; an additional 2 years of supervised release upon revocation; and $100 to the Victim Assistance Fund. Restitution may be imposed.
The charge stems from an incident on or about the 1st day of November, 2012, wherein LaRoche assaulted, resisted, opposed, impeded, intimidated and interfered with an officer while the officer was engaged in the performance of his official duties and was employed as a federal law enforcement officer with the Bureau of Indian Affairs. An intoxicated LaRoche was at a home in Lower Brule, and refused to leave the house where a tribal court order had been posted regarding no intoxicated persons were to enter the house. During his arrest, LaRoche resisted and struggled with the officer causing physical contact. LaRoche struck the officer in the head.
The investigation was 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 pending sentencing. A sentencing date has been set for May 29, 2013.
Rosebud Man Pleads Guilty to Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that Aaron Sharpfish, age 21, of Rosebud, South Dakota appeared before U.S. District Judge Roberto A. Lange on March 5, 2013 and pled guilty to Assault with a Dangerous Weapon. 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 November 21, 2011 when Sharpfish hit the victim causing him to fall to the ground. Sharpfish then kicked the victim in the head and face several times causing a fracture to the victim’s eye.
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 May 15, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Porcupine Man Pleads Guilty to AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that Angelo Perez, age 33, of Porcupine, South Dakota appeared before Chief U.S. District Judge Jeffrey L. Viken on February 28, 2013 and pled guilty to Assault Resulting in Serious Bodily Injury. The maximum penalty upon conviction is 10 years of imprisonment and a $250,000 fine.
The charge relates to Perez assaulting a female on September 14, 2012 near Porcupine. The investigation was conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. The case is being prosecuted by Assistant U.S. Attorney Wayne Venhuizen.
A presentence investigation was ordered and a sentencing date was set for June 26, 2013. The defendant was remanded to the custody of the U.S. Marshal pending acceptance of this plea and sentencing.
Corsica Man Sentenced in Child Pornography CaseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Corsica, South Dakota man charged with Receipt and Distribution of Child Pornography was sentenced on March 4, 2012 by US District Judge Karen E. Schreier.
Shawn E. Stevens, age 26, was sentenced to 188 months in custody, 5 years supervised release, and will be required to register as a sex offender.
Stevens was indicted for Receipt and Distribution of Child Pornography and Possession of Child Pornography by a federal grand jury on December 6, 2011. The conviction stems from Stevens’ use of two different computers and external hard drives. The computer files that contained images of child pornography were distributed and received between October of 2009 and March of 2011. He pled guilty to the charge of Receipt and Distribution of Child Pornography on November 15, 2012.
The case was investigated by the Sioux Falls Police Department and the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case. Stevens was immediately turned over to the custody of the U.S. Marshal.
This case is being brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Wounded Knee Man Indicted for AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Wounded Knee, South Dakota man has been indicted by a federal grand jury for allegedly using a hard object to cause serious bodily injury to a female at Wounded Knee on December 28, 2012.
Lyle Sutton, Jr., age 26, was indicted by a federal grand jury on February 20, 2013 for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury. Sutton appeared before U.S. Magistrate Judge Veronica L. Duffy on February 26, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction for each charge is 10 years of imprisonment and a $250,000 fine. The charges are merely accusations and Sutton 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. Attorneys Wayne Venhuizen and Sarah Collins are prosecuting the case.
Sutton was remanded to the custody of the U.S. Marshal. A trial date has been set for May 7, 2013.
Two Sentenced for Trafficking Counterfeit GoodsRead the Press Release
United States Attorney Brendan V. Johnson announced that two people from Rapid City, South Dakota convicted of Trafficking in Counterfeit Goods and Services were sentenced on February 22, 2013 by Chief U.S. District Judge Jeffrey L. Viken.
Ravaye Meltzer, age 34, and Bar Braver, age 29, were both sentenced to 1 year of probation, ordered to pay $100 to the Victim Assistance Fund, and forfeited their rights in approximately $300,000 in bank accounts and goods.
Between February 2010 and August 2011, Meltzer and Braver intentionally sold counterfeit goods near Rapid City, Keystone, Deadwood, Hill City, and Sturgis. The sale of the counterfeit goods violated the trademarks held by Monster Energy, Angry Birds, Hollister, The North Face, and Ed Hardy.
This case was investigated by Homeland Security Investigations. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
St. Francis Man Indicted for LarcenyRead the Press Release
United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota man has been indicted by a federal grand jury for Larceny.
John Swift, age 55, was indicted by a federal grand jury on February 13, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 27, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is up to 5 years’ in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 Special Assessment. Restitution may also be ordered.
The charge is merely an accusation and Swift is presumed innocent until and unless proven guilty. The investigation is being conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Marie H. Ruettgers is prosecuting the case.
Swift was released on bond pending trial. A trial date has not been set.
St. Francis Man Indicted for AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Orson Black Spotted Horse, age 49, was indicted by a federal grand jury on February 15, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 28, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is up to 10 years’ in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 Special Assessment. Restitution may also be ordered.
The charge is merely an accusation and Black Spotted Horse is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Tim Maher is prosecuting the case.
Black Spotted Horse was remanded to the custody of the U.S. Marshal pending trial. A trial date has been set for April 30, 2013.
Pine Ridge Man Indicted for AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota man was indicted by a federal grand jury for Assault on a Federal Officer and Assault With a Dangerous Weapon.
Kaleb Mills, 19, was indicted on February 20, 2013 for hitting an Oglala Sioux Tribe police officer with his car. He appeared before U.S. Magistrate Judge Veronica L. Duffy on February 25, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 20 years’ imprisonment and/or a $250,000 fine. The charges are merely an accusation and Mills 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 Sarah B. Collins is prosecuting the case.
Mills was remanded to the custody of the U.S. Marshal. A trial date has not been set.
Pine Ridge Man Indicted for Aiding and Abetting in AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge man was indicted by a federal grand jury for aiding and abetting in the assault of another man at Pine Ridge on October 16, 2012.
William Clifford, age 24, was indicted on October 23, 2012 for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury. Clifford appeared before U.S. Magistrate Judge Veronica L. Duffy on February 12, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 10 years' imprisonment, a $250,000 fine, or both, up to 3 years of supervised release, and a $100 special assessment. The charges are merely an accusation and Clifford is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs. Special Assistant U.S. Attorney Laura A. Shattuck is prosecuting the case. Clifford was remanded to the custody of the U.S. Marshal. A trial date has not been set.
Oglala Man Sentenced for Assault of A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that an Oglala, South Dakota man convicted of Assault on a Federal Officer was sentenced on February 25, 2013 by Chief U.S. District Judge Jeffrey L. Viken. Andrew Cochran, age 24, was sentenced to time served and 1 year of supervised release and ordered to pay $100 to the Victim Assistance Fund.
In August 2012, Cochran intentionally struck an Oglala Sioux tribal police officer’s vehicle with his pickup truck, as the officer attempted to stop Cochran’s vehicle. He pled guilty on November 28, 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 Eric Kelderman prosecuted the case.
Montana Man Pleads Guilty to Felon in Possession of FirearmRead the Press Release
United States Attorney Brendan V. Johnson announced that Steven Shane McCann, age 29 of Missoula, Montana appeared before Chief U.S. District Judge Jeffrey L. Viken on February 14, 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 May 17, 2012 McCann, a previously convicted felon, was found in possession of a firearm. The investigation was conducted by Bureau of Alcohol, Tobacco, Firearms, and Explosives, the South Dakota Highway Patrol, 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 May 20, 2013. The defendant was remanded to the custody of the U.S. Marshal pending acceptance of this plea and sentencing.
Mission Man Pleads Guilty to Abusive Sexual ContactRead the Press Release
United States Attorney Brendan V. Johnson announced that Eddie Hummingbird, age 48, of Mission, South Dakota appeared before U.S. District Judge Roberto A. Lange on March 4, 2013 and pled guilty to Abusive Sexual Contact. The maximum penalty upon conviction is 2 years in custody, a $250,000 fine, or both; life of supervised release; and a $100 special assessment.
The conviction stems from an incident that took place on April 14, 2012 when Hummingbird sexually abused the victim.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case 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.
Mission Man Indicted for LarcenyRead 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 Larceny.
Harvey LaPointe, age 62, was indicted by a federal grand jury on February 13, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 27, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is up to 5 years’ in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 Special Assessment. Restitution may also be ordered.
The charge is merely an accusation and LaPointe is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Marie H. Ruettgers is prosecuting the case.
LaPointe was released on bond pending trial. A trial date has not been set.
Mission Man Indicted for Failure to Register as A Sex OffenderRead 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 Failure to Register as a Sex Offender.
Johnny Lunderman, age 30, was indicted by a federal grand jury on February 13, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 26, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is up to 10 years’ in custody, a $250,000 fine, or both; life of supervised release; and a $100 Special Assessment. Restitution may also be ordered.
The charge is merely an accusation and Lunderman is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshal Service. Assistant U.S. Attorney Tim Maher is prosecuting the case.
Lunderman was remanded to the custody of the U.S. Marshal pending trial. A trial date has not been set.
Minnesota Man Charged with Failure to Pay Child SupportRead the Press Release
United States Attorney Brendan V. Johnson announced that Jesse Lawrence Brown Otter, age 45, of Minneapolis, Minnesota appeared before U.S. Magistrate Roberto A. Lange on February 26, 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 owed at the time of sentencing.
Brown Otter was ordered by the Eighth Judicial Circuit Court, Corson County, South Dakota to pay $150.00 per month for his minor child, commencing August 1, 1992. At the time of Indictment, he had not made a child support payment since July of 2007, and the total arrearage amount was $25,342.12.
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 May 20, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Martin Men Indicted for AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that two men from Martin, South Dakota have been indicted by a federal grand jury for allegedly assaulting two other men with shod feet, a golf club, and a large rock at Bear Creek Community on September 29, 2012.
Roby Shangreaux, age 24, and Keith Shangreaux, a/k/a Dewey Shangreaux, age 25, were each indicted by a federal grand jury on February 20, 2013 for two counts of Assault with a Dangerous Weapon and two counts of Assault Resulting in Serious Bodily Injury. Both men appeared before U.S. Magistrate Judge Veronica L. Duffy on February 25, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 10 years of imprisonment and a $250,000 fine on each count. The charges are merely accusations and both defendants are 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 Bennett County Sheriff's Office.
Both defendants were remanded to the custody of the U.S. Marshal. A trial date has been set for April 30, 2013.
Lower Brule Man Sentenced for Sexual Abuse of A MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota man convicted of Sexual Abuse of a Minor was sentenced on February 25, 2013 by U.S. District Judge Roberto A. Lange. Ty Middletent, age 22, was sentenced to 18 months in custody followed by 5 years of supervised release. Middletent was also ordered to pay $100 to the Victim Assistance Fund.
Middletent was indicted for Sexual Abuse and Sexual Abuse of a Minor by a federal grand jury on August 22, 2012 and pled guilty on November 14, 2012. The charge stems from an incident occurring between August 13, 2012 and August 14, 2012 in which Middletent and the victim were consuming alcohol at a residence in Lower Brule. Middletent and the victim engaged in sexual intercourse. The victim was 13 years old at the time. Middletent admits he knew the age of the victim and that she was too young to engage in any type of sexual activity.
The investigation was conducted by the Federal Bureau of Investigation and Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Middletent was immediately turned over to the custody of the U.S. Marshal.
Lower Brule Man Sentenced for Abusive Sexual ContactRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota man convicted of Abusive Sexual Contact was sentenced on February 25, 2013 by U.S. District Judge Roberto A. Lange. Merle Wilson, age 56, was sentenced to 15 months in custody and 5 years of supervised release. Wilson is also to pay $100 to the Victim Assistance Fund.
Wilson was indicted for Sexual Abuse and Abusive Sexual Contact by a federal grand jury on August 14, 2012. He pled guilty to Abusive Sexual Contact on November 30, 2012. The charge stems from an incident occurring on July 30, 2012 in which Wilson and the victim were consuming alcohol. The victim realized she was intoxicated and upon arriving at her home, passed out on the couch in the living room area, fully dressed. Wilson came to her home mid-morning and saw the victim passed out on the living room couch. The victim awoke to find herself naked from the waist down with Wilson on top of her. At no time did the victim consent to Wilson taking off her clothes or engaging in any type of sexual contact.
The investigation was conducted by the Federal Bureau of Investigation and Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Wilson was immediately turned over to the custody of the U.S. Marshal following sentencing.
Illinois Man Pleads Guilty to Criminal TrespassRead the Press Release
United States Attorney Brendan V. Johnson announced that a Chicago, Illinois man convicted of two counts of Criminal Trespass has pled guilty to the charges and was sentenced on February 27, 2013 by U.S. Magistrate Judge Mark A. Moreno. Steven Nichols, age 42, was sentenced on Count 1 to 30 days in custody and a $5 special assessment to the Victim Assistance Fund. On Count 2, he was sentenced to one year of probation, and ordered to not re-enter the lands of the Rosebud Sioux Indian Reservation.
In the summer of 2011, the Rosebud Sioux Tribe’s Attorney General petitioned the tribal court to bar Nichols, a non-Indian, from entering the lands of the Rosebud Sioux Indian Reservation. On June 10, 2011, Nichols was served with notice of the proceedings. On September 22, 2011, the Rosebud Sioux Tribal Court entered an Emergency Writ of Exclusion barring him from entering the lands of the Rosebud Reservation. On September 22, 2011 the Rosebud Sioux Tribal Council also voted to exclude the Defendant from the Rosebud Reservation. On September 23, 2011, a tribal law enforcement officer served him with the exclusionary order and escorted him off of the reservation.
Tribal law enforcement officers later learned that Nichols had re-entered the reservation. On September 9, 2012 officers apprehended him and again transported him off of the reservation. On January 30, 2013 officers learned Nichols was staying at a residence within the reservation. Officers searched for Nichols and found him hiding in a crawl space of the residence. He was arrested on federal criminal trespass charges and transported off of the reservation and into federal custody.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Tim Maher. Nichols was remanded to the custody of the U.S. Marshal to complete his sentence.
Eagle Butte Man Pleads Guilty to Firearm OffenseRead the Press Release
United States Attorney Brendan V. Johnson announced that Kimo Little Bird, Sr., age 31, of Eagle Butte, South Dakota appeared before U.S. District Judge Roberto A. Lange on February 26, 2013 and pled guilty to Count II of an Indictment that charged him with being a Felon in Possession of a Firearm. 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 conviction stems from an incident in December of 2012 when the Defendant was arrested for an outstanding tribal warrant. While making the arrest, law enforcement found a firearm at the residence where the Defendant was staying. The Defendant admitted that the firearm belonged to him and that he knew he was prohibited from possessing firearms because he had previously been convicted of a felony offense.
The investigation was conducted by the U.S. Fish & Wildlife, Bureau of Alcohol, Tobacco, Firearms & Explosives, Federal Bureau of Investigation, and the Bureau of Indian Affairs, Standing Rock Agency. The case is being prosecuted by Assistant U.S. Attorney Troy Morley.
A presentence investigation was ordered and a sentencing date was set for May 20, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Colorado Man Indicted for LarcenyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Colorado Springs, Colorado man has been indicted by a federal grand jury for allegedly stealing the credit card of another person at Ellsworth Air Force Base and making withdrawals on September 9, 2012.
Scott Stewart, age 19, was indicted by a federal grand jury on November 19, 2012 for Larceny. Stewart appeared before U.S. Magistrate Judge Veronica L. Duffy on February 25, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is one year of imprisonment and a $100,000 fine. The charge is merely an accusation and Stewart is presumed innocent until and unless proven guilty.
The investigation is being conducted by the United States Air Force. Assistant U.S. Attorney Wayne Venhuizen is prosecuting the case. Stewart was released on bond pending trial. A trial date has been set for April 30, 2013.
Arkansas Man Indicted for Failure to Pay Child SupportRead the Press Release
United States Attorney Brendan V. Johnson announced that a Hot Springs, Arkansas man has been indicted by a federal grand jury for Failure to Pay Legal Child Support.
Jacob H. Lehnherr, age 38, was indicted by a federal grand jury on August 14, 2012 for failing to pay over $29,682.00 in past due child support. He appeared before U.S. Magistrate Judge John E. Simko on March 1, 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 Lehnherr 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.
Lehnherr was released on bond pending trial. A trial date has been set for May 7, 2013.
Aberdeen Man Arraigned on Assault ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that an Aberdeen, South Dakota man has been indicted by a federal grand jury for two counts of Assault With a Dangerous Weapon.
Katlin Vine Tiger, age 21, was indicted by a federal grand jury on December 11, 2012. He appeared before U.S. Magistrate Judge William D. Gerdes on February 26, 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 Tiger is presumed innocent until and unless proven guilty.
The investigation is being conducted by Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy Morley is prosecuting the case.
Tiger was released on bond pending trial. A trial date has not been set.
Wounded Knee Man Sentenced for Theft of Government PropertyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Wounded Knee, South Dakota man convicted of Theft of Government Property was sentenced on February 20, 2013 by U.S. Magistrate Judge Veronica L. Duffy. Jeremy Elk, age 30, was sentenced to a $500 fine and 1 year probation.
Between August 2010 and January 2011, Elk stole chainsaws that were owned by the Bureau of Indian Affairs and converted them to his own use. He pleaded guilty on November 27, 2012.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Three Indicted for BurglaryRead the Press Release
United States Attorney Brendan V. Johnson announced that two men and a woman from Timber Lake, South Dakota have been indicted by a federal grand jury for Third Degree Burglary of a downtown business.
Jake Morrison, age 31; Nicholas Guttierrez, a/k/a Nicholas Gutierrez, age 19; and Stephanie Vandervier, age 27, were indicted by a federal grand jury on February 13, 2013. They appeared before U.S. Magistrate Judge Mark A. Moreno on February 25, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 10 years in custody, a $250,000, or both; 3 years of supervised release; and a $100 special assessment. Restitution may also be ordered.
The charges relate to a January 6, 2013 alleged break-in at the Chatter Box Bar and Cafe in Timber Lake. The charges are merely an accusation, and Morrison, Guttierrez, and Vandervier are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Mikal Hanson is prosecuting the case. Guttierrez and Vandervier were released on bond pending trial. Morrison was remanded to the custody of the U.S. Marshal. A trial date has not been set.
Ten People Indicted for Drug ConspiracyRead the Press Release
United States Attorney Brendan V. Johnson announced that ten individuals have been indicted by a federal grand jury for Conspiracy to Distribute Controlled Substances in South Dakota between 1993 and 2013. The individuals charged include the following:
• Leslie “Luke” Pond, 52, of Wounded Knee
• Marvin Boltz, 49, of Manderson
• Robert Dale Martin, 46, of Manderson
• Tricia Lee Pond, 41, of Pine Ridge
• Greg Lynn Pond, 44, of Pine Ridge
• Charles Lee Richards, 42, of Pine Ridge
• Kelcey L. Twiss, 24, of Pine Ridge
• Brandon Charles Schreiner, 26, of Pine Ridge
• Sam Bear Robe, 37, of Pine Ridge
• Ronald Two Bulls, 65, of Pine Ridge
All defendants were indicted on February 20, 2013 for conspiracy to distribute cocaine and marijuana. All defendants listed above, with the exception of Marvin Boltz, appeared before U.S. Magistrate Judge Veronica L. Duffy on February 25, 2013 and pled not guilty to the indictment. Boltz appeared before U.S. Magistrate Judge Veronica L. Duffy on February 28, 2013 and pled not guilty to the indictment. The penalty upon conviction is not less than 5 years of imprisonment and up to 40 years of imprisonment and/or $5,000,000 fine. The charges are merely accusations and each individual is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. Agencies involved in the investigation include the Federal Bureau of Investigation, Division of Criminal Investigation, Bureau of Indian Affairs Office of Justice Services, Oglala Sioux Tribe Department of Public Safety, Fall River County Sheriff’s Office, and Fall River State’s Attorney’s Office. Homeland Security Investigations also assisted with the investigation.
Special Assistant U.S. Attorney Laura Shattuck is prosecuting the case. Greg Pond, Boltz, Martin, Twiss, Bear Robe, and Two Bulls were released on bond pending trial. Leslie “Luke” Pond, Tricia Pond, Richards, and Schreiner were remanded to the custody of the U.S. Marshal. A trial date has been set for April 30, 2013.