District of South Dakota
Press releases recorded for this federal judicial district.
St. Francis Man Indicted for Failure to Register as A Sex OffenderRead 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 Failure to Register as a Sex Offender.
Patrick Black Spotted Horse, age 23, was indicted by a federal grand jury on January 16, 2013. He appeared before United States Magistrate Judge Mark A. Moreno on February 22, 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 Black Spotted Horse 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.
Black Spotted Horse was remanded to the custody of the U.S. Marshal pending trial. A trial date has not been set.
Sioux Falls Man Pleads Guilty to Possession of A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that David Andrews, age 31, of Sioux Falls, South Dakota appeared before U.S. District Judge Roberto A. Lange on February 21, 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 minimum fine of $1,000 but not more than $100,000, or both; not more than 1 year of supervised release and an additional year of supervised release upon revocation. Restitution and $25 to the Victim Assistance Fund may also be imposed.
The charge stems from an incident wherein a South Dakota Highway Patrol Trooper stopped to provide assistance to a vehicle sitting along the side of Highway 44. There was smoke coming from under the hood and the vehicle's hazzard lights were on. There were three men with the vehicle, and Andrews was sitting in the back seat. During the trooper's contact with the three men, a pack of Newport cigarettes stuffed with a plastic bag with 12.8 grams of methamphetamine was found by the air intake near the front left fender of the vehicle. Trace amounts of marijuana were located inside the head band of a baseball cap located in the back seat, and a glass pipe was also found stuffed in between the rear seat cushions. A urine sample was obtained from Andrews who tested positive for methamphetamine, amphetamine and marijuana.
The investigation was conducted by the South Dakota Highway Patrol and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case. Andrews was remanded to the custody of the U.S. Marshal pending sentencing. A sentencing date has been set for May 6, 2013.
Rosebud Man Sentenced for AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota man convicted of Assault by Habitual Domestic Offender was sentenced on February 25, 2013 by U.S. District Judge Roberto A. Lange. Alvin Joseph Running Horse, age 34, was sentenced to 27 months in custody, 2 years of supervised release, and a $100 special assessment to the Victim Assistance Fund.
Running Horse was indicted by a federal grand jury on September 19, 2012 and pled guilty to the charge on December 3, 2012.
The conviction stems from an incident that took place on December 27, 2011, when Running Horse assaulted his domestic partner by pulling her hair and hitting her in the chest twice with his fist. At the time of the assault, Running Horse had a final conviction on three separate prior occasions in the Rosebud Sioux Tribal Court for offenses that would have been, if subject to federal jurisdiction, an assault against a spouse or intimate partner.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Marie H. Ruettgers.
Running Horse was remanded to the custody of the U.S. Marshal.
Rosebud Man Pleads Guilty to Abusive Sexual ContactRead the Press Release
United States Attorney Brendan V. Johnson announced that Robert I. Pomani, age 21, of Rosebud, South Dakota appeared before U.S. District Judge Roberto A. Lange on February 25, 2013 and pled guilty to a Superseding Information that charged him with Abusive Sexual Contact. The maximum penalty upon conviction is 2 years' imprisonment, a $250,000 fine or both, and a mandatory minimum term of supervised release of 5 years up to a maximum of life
The conviction stems from an incident in December of 2010 when Pomani was in a relationship with the victim. At that time, Pomani was 19 years old and at least 4 years older than the victim. While in the relationship, Pomani engaged in conduct which resulted in abusive sexual contact.
The investigation was conducted by the Federal Bureau of Investigation. 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 13, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Lantry Man Indicted for Involuntary ManslaughterRead the Press Release
United States Attorney Brendan V. Johnson announced that a rural Lantry, South Dakota man has been indicted by a federal grand jury for Involuntary Manslaughter.
Charg Hebb, age 19, was indicted by a federal grand jury on February 13, 2013. He 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 not more than 8 years in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 special assessment. Restitution may also be ordered.
The charge relates to an October 12, 2012 car crash on County Road 50 in Ziebach County that resulted in the death of a young man in Hebb’s vehicle. The charge is merely an accusation and Hebb 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.
Hebb was released on bond pending trial. A trial date has not been set.
La Plant Man Pleads Guilty to AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that Norman Little Shield, Jr., age 21, of La Plant, South Dakota appeared before U.S. District Judge Roberto A. Lange on February 25, 2013 and pled guilty to an Indictment that charged him with Assault Resulting in Serious Bodily Injury. The maximum penalty upon conviction is 10 years of custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 special assessment.
The conviction arose from an incident that occurred in July 2012 when Little Shield assaulted an adult male in Cherry Creek, South Dakota.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Division. The case is being prosecuted by Assistant U.S. Attorney Mikal Hanson.
A presentence investigation was ordered, and a sentencing date was set for May 13, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Kimball Man Charged with Alteration of Records, False Statements and Lacey Act ViolationRead the Press Release
United States Attorney Brendan V. Johnson announced that a Kimball, South Dakota man has been indicted by a federal grand jury. James Steckley, d/b/a Steckley’s Wild Dakota Outfitters, age 44, was indicted by a federal grand jury on February 13, 2013 for Alteration and Falsification of Records, Making False Statements and Lacey Act Violation.
Steckley 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 20 years of imprisonment, a $250,000 fine, or both; 3 years of supervised release and an additional 2 years of supervised release upon revocation, and a $100 special assessment to the Victim Assistance Fund. Restitution may also be ordered. The charges are merely accusations, and Steckley 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. Steckley was released on bond pending trial which has not been set.
Fort Pierre Man Charged with Failure to AppearRead the Press Release
United States Attorney Brendan V. Johnson announced that a Fort Pierre, South Dakota man has been indicted by a federal grand jury.
Brent Flood, age 23, was indicted by a federal grand jury on February 13, 2013 for Failure to Appear. Flood 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 5 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 Flood is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service and Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case. Flood was remanded to the custody of the U.S. Marshal. A trial date has not been set.
Eagle Butte Man Sentenced for AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota man convicted of Assault Resulting in Serious Bodily Injury was sentenced on February 25, 2013 by U.S. District Judge Roberto A. Lange. Mahlon Jeffries, age 26, was sentenced to 48 months in custody, followed by 2 years of supervised release. Jeffries is also to pay $100 to the Victim Assistance Fund.
Jeffries was indicted for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury by a federal grand jury on September 19, 2012. Jeffries pled guilty to Count II of the Indictment. The charge stems from an incident occurring on December 25, 2011, during which Jeffries assaulted his brother by striking him on the head with a wood and metal yard tool. His brother suffered a left parietal, open, depressed skull fracture and subarachnoid hemorrhage which required emergency surgery to remove bone fragments from his brain.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement and Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Jeffries was immediately turned over to the custody of the U.S. Marshal.
Two Eagle Butte Men and A Woman Charged with Distribution of A Controlled Substance and Possession with Intent to DistributeRead the Press Release
United States Attorney Brendan V. Johnson announced that two men and one woman from Eagle Butte, South Dakota have been indicted by a federal grand jury.
Lena Flying By, age 45; Terry Flying By, age 50; and Earl Grindstone, age 28, were indicted by a federal grand jury on February 13, 2013 for Distribution of a Controlled Substance and Possession with Intent to Distribute a Controlled Substance. They appeared before U.S. Magistrate Judge Mark A. Moreno on February 20, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is not more than 5 years of imprisonment, a $250,000 fine, or both; a mandatory 2 years of supervised release and an additional year of supervised release upon revocation. Restitution and a $100 each special assessment may also be ordered. The charges are merely accusations, and the defendants are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force and the Cheyenne River Sioux Tribe Law Enforcement. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case. Defendants were released on bond pending trial. A trial date has not been set.
St. Francis Woman Pleads Guilty to Involuntary ManslaughterRead the Press Release
United States Attorney Brendan V. Johnson announced that Mary Jo Flammond, a/k/a Mary Jo Waln, age 32, of St. Francis, South Dakota appeared before U.S. District Judge Roberto A. Lange on February 21, 2013 and pled guilty to Involuntary Manslaughter. The maximum penalty upon conviction is 8 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 September 6, 2012, when Flammond was driving a motor vehicle under the influence of alcohol. Flammond was driving recklessly and could not keep the vehicle on the roadway which caused it to roll. The victim died from his injuries sustained in the crash. Flammond’s blood alcohol content at the time of the wreck was .191.
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. A sentencing date has not been set. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
St. Francis Woman Indicted for Assault and Child AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota woman has been indicted by a federal grand jury for Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury and Child Abuse.
Racine Whirlwind Soldier, age 28, was indicted by a federal grand jury on February 13, 2013. She appeared before U.S. Magistrate Judge Mark A. Moreno on February 22, 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 Whirlwind Soldier is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Marie H. Ruettgers is prosecuting the case.
Whirlwind Soldier was released to a third party custodian pending trial. A trial date has not been set.
St. Francis Man Sentenced for Involuntary ManslaughterRead the Press Release
United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota man convicted of Involuntary Manslaughter was sentenced on February 20, 2013 by U.S. District Judge Roberto A. Lange. Thomas Hacker Sr., age 50, was sentenced to 30 months in custody, 1 year of supervised release, and a $100 special assessment to the Victim Assistance Fund.
Hacker was indicted by a federal grand jury on September 19, 2012 and pled guilty to the charge on November 26, 2012.
The conviction stems from an incident that took place on August 25, 2012, when Hacker was driving a motor vehicle under the influence of alcohol. Hacker's vehicle left the roadway traveling onto the shoulder of the road. Hacker decelerated as he came out of the shoulder and struck the victim who was walking along the edge of the road. The victim died from injuries sustained in the crash. Hacker's blood alcohol level was determined to be .255 at the time of the crash.
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.
Hacker was remanded to the custody of the U.S. Marshal.
Rosebud Woman Indicted for Assault and Child AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota woman has been indicted by a federal grand jury for Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury and Child Abuse.
Kelcey Andrews, age 21, was indicted by a federal grand jury on February 13, 2013. She appeared before U.S. Magistrate Judge Mark A. Moreno on February 22, 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 Andrews is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Marie H. Ruettgers is prosecuting the case.
Andrews was released on bond pending trial. Trial has not been set.
Rapid City Man Pleads Guilty to Escape from CustodyRead the Press Release
United States Attorney Brendan V. Johnson announced that Eric Ladeaux, age 24, of Rapid City, South Dakota appeared before Chief U.S. District Judge Jeffrey L. Viken on February 14, 2013 and pled guilty to a charge of Escape from Custody. The maximum penalty upon conviction is 5 years' imprisonment and/or $250,000 fine.
In September 2012, Ladeaux left Community Alternatives of the Black Hills, where he was serving the remainder of a federal sentence, and did not return as required. The investigation was conducted by the U.S. Marshals Service. The case is being prosecuted by Assistant U.S. Attorney Sarah B. Collins.
A presentence investigation was ordered and a sentencing date was set for May 20, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Mission Woman Indicted for 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 Larceny. Clarice Brave, age 50, was indicted by a federal grand jury on February 13, 2013.
She appeared before U.S. Magistrate Judge Mark A. Moreno on February 20, 2013 and pled not guilty to the indictment. 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. Restitution may also be ordered.
The charge is merely an accusation and Brave is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Marie H. Ruettgers is prosecuting the case.
Brave was released on bond pending trial. A trial date has not been set.
McLaughlin Man Arraigned on Assault ChargeRead 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 Assaulting a Federal Officer.
Verle Janis a/k/a Verl Janis, age 31, was indicted by a federal grand jury on February 13, 2013. He appeared before U.S. Magistrate Judge William D. Gerdes on February 14, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 20 years' imprisonment, a $250,000 fine or both, and a period of supervised release of 3 years. The charge is merely an accusation and Janis 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. Janis was remanded to the custody of the U.S. Marshal. A trial date has not been set.
Little Eagle Woman Arraigned on Assault ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Little Eagle, South Dakota woman has been indicted by a federal grand jury for Assault With Intent to Commit Murder, Assault With a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Roxanne Spotted Horse, age 31, was indicted by a federal grand jury on February 13, 2013. She appeared before U.S. Magistrate Judge William D. Gerdes on February 14, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction of Count I is 20 years' imprisonment. The maximum penalty upon conviction of Counts II and III is 10 years' imprisonment. All counts also include a $250,000 fine and period of supervised release of 3 years. The charges are merely accusations and Spotted Horse 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. Spotted Horse was remanded to the custody of the U.S. Marshal. A trial date has not been set.
Eagle Butte Woman Indicted for Child AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota woman has been indicted by a federal grand jury for Child Abuse.
Alex White Eyes, age 23, was indicted by a federal grand jury on February 13, 2013. She appeared before U.S. Magistrate Judge Mark A. Moreno on February 19, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 15 years of custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 special assessment. Restitution may also be ordered. The charge is merely an accusation, and White Eyes is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Mikal Hanson is prosecuting the case. White Eyes was released on bond pending trial. A trial date has not been set.
Eagle Butte Man Indicted for Child AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota man has been indicted by a federal grand jury for Child Abuse.
Allen White, a/k/a AJ White, age 24, was indicted by a federal grand jury on February 13, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 20, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 15 years of custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 special assessment. Restitution may also be ordered. The charge is merely an accusation, and White is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Mikal Hanson is prosecuting the case. White was released on bond pending trial. A trial date has not been set.
Eagle Butte Man Indicted for Child AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota man has been indicted by a federal grand jury for Child Abuse.
David Roberts, Jr., 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 20, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 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 Roberts is 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. Roberts was released on bond pending trial. A trial date has not been set.
Eagle Butte Man Indicated for BurglaryRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota man has been indicted by a federal grand jury for Third Degree Burglary.
Jake Morrison, age 31, was indicted by a federal grand jury on February 13, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 20, 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 charge relates to a January 6, 2013 alleged break-in at a downtown business in Timber Lake. The charge is merely an accusation, and Morrison is 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. Morrison was remanded to the custody of the U.S. Marshal. A trial date has not been set.
Eagle Butte Man Convicted of AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that Leon Donald Farlee, age 31, of Eagle Butte, South Dakota was convicted on February 22, 2013 of one count of Assault with a Dangerous Weapon and one count of Assault Resulting in Serious Bodily Injury. The guilty verdicts followed a four-day federal jury trial. Each charge carries a maximum penalty of 10 years in prison, a $250,000 fine, or both; 3 years of supervised release; and a $100 special assessment.
Farlee was indicted by a federal grand jury in April 2012. The convictions were the result of an incident that occurred in Eagle Butte in March 2012, when the defendant assaulted a 62-year-old man from Dupree by kicking him with cowboy boots and causing serious bodily injury.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Division. It was prosecuted by Assistant U.S. Attorney Mikal Hanson.
Sentencing has been set for May 13, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Eagle Butte Man Charged with Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota man has been indicted by a federal grand jury.
Albert Spotted Bear, age 55, was indicted by a federal grand jury on February 13, 2013 for Failure to Register as a Sex Offender. Spotted Bear appeared before U.S. Magistrate Judge Mark A. Moreno on February 20, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 10 years of imprisonment, a $250,000 fine, or both; a mandatory minimum period of 5 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 Spotted Bear is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service and the Cheyenne River Sioux Tribe Law Enforcement. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case. Spotted Bear was released on bond pending trial. A trial date has not been set.
Crow Creek Woman Sentenced for Distribution of A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that a Crow Creek, South Dakota woman convicted of Distribution of a Controlled Substance was sentenced on February 20, 2013 by U.S. District Judge Roberto A. Lange. Buffy Dion, age 30, was sentenced to 2 months of custody and 6 months of home confinement thereafter with 3 years of supervised release.
Dion was indicted by a federal grand jury on July 18, 2012. The conviction stems from an incident occurring on April 13, 2011 wherein an undercover agent purchased 12 marijuana cigarettes from Dion’s residence. The undercover agent also purchased 4 grams of methamphetamine from Dion and negotiated a future purchase of one pound of 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. Dion was released but needs to self-report by February 27, 2013.
Bismarck Man Arraigned on Sexual Abuse ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that a Bismarck, North Dakota man has been indicted by a federal grand jury for Sexual Abuse.
Joshua James Martin, age 28, was indicted by a federal grand jury on February 13, 2013. He appeared before U.S. Magistrate Judge William D. Gerdes on February 14, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is any term of years up to life imprisonment, a $250,000 fine or both, and a mandatory minimum term of 5 years up to life of supervised release. The charge is merely an accusation and Martin 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. Martin was remanded to the custody of the U.S. Marshal. A trial date has not been set.
Rapid City Man Charged with Escape from CustodyRead 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 escaping from the Community Alternatives of the Black Hills, where he was serving the remainder of a federal sentence.
Floyd Francis Bullman, age 41, was indicted on January 23, 2013 for Escape from Custody. He appeared before U.S. Magistrate Judge Veronica L. Duffy on January 31, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 5 years' imprisonment and/or a $250,000 fine. The charge is merely an accusation and Bullman 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. Bullman was remanded to the custody of the U.S. Marshal. A trial date has not been set.
# # #Pine Ridge Man Pleads Guilty to Escape from CustodyRead the Press Release
United States Attorney Brendan V. Johnson announced that Abraham Yellow Horse, 24, of Pine Ridge, South Dakota appeared before Chief U.S. District Judge Jeffrey L. Viken on February 4, 2013 and pled guilty to a charge of Escape from Custody. The maximum penalty upon conviction is 5 years’ imprisonment and/or 3 years’ supervised release.
In December 2012, Yellow Horse left Community Alternatives of the Black Hills without permission, where he was serving the remainder 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 June 3, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
# # #Pine Ridge Man Indicted on Child Abuse ChargesRead 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 intentionally causing an infant to fall off a bed, resulting in multiple injuries.
Timothy Kenneth White Plume, age 34, was indicted on January 23, 2013 for Felony Child Abuse & Neglect and Assault Resulting in Serious Bodily Injury. He appeared before U.S. Magistrate Judge Veronica L. Duffy on February 1, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 15 years' imprisonment and/or a $250,000 fine. The charges are merely an accusation and White Plume is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Oglala Sioux Tribe Department of Public Safety and the Bureau of Indian Affairs, Office of Justice Services. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case. White Plume was remanded to the custody of the U.S. Marshal. A trial date has not been set.
# # #California Man Indicted for Controlled Substance and Firearm ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Tracy, California man was indicted by a federal grand jury for selling marijuana in Rapid City and for possessing a .357 caliber Smith & Wesson revolver with the serial number etched off.
Troy Leroy James, age 47, was indicted on January 23, 2013 for Possession With Intent to Distribute a Controlled Substance and Possession of a Firearm with Obliterated Serial Number. He appeared before U.S. Magistrate Judge Veronica L. Duffy on January 31, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 10 years' imprisonment and/or a $250,000 fine. The charges are merely an accusation and James is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Unified Narcotics Enforcement Team. Assistant U.S. Attorney Eric Kelderman is prosecuting the case. James was remanded to the custody of the U.S. Marshal. A trial date has not been set.
# # #Wessington Springs Man Pleads Guilty to Firearm ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that Jonathan Tyrrell, age 53, of Wessington Springs, South Dakota appeared before U.S. District Judge Roberto A. Lange on February 12, 2013 and pled guilty to Count I of the Indictment that charged him with Possession of a Firearm by a Prohibited Person.
In addition to the $100 assessment to the Victim Assistance Fund, 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 may also be imposed.
The charge stems from an incident wherein Tyrrell, on or about the 15th day of December 2011, was stopped by the Jerauld County Sheriff. Methamphetamine, marihuana, and four firearms were found in his vehicle. Tyrrell tested positive for use of controlled substances.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case is being prosecuted by Assistant U.S. Attorney Kathryn N. Rich. Tyrrell was remanded to the custody of the U.S. Marshal pending sentencing, which has been set for May 2, 2013.
St. Francis Man Pleads Guilty to Assault ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that Jeffrey Curry, age 29, of St. Francis, South Dakota, appeared before U.S. District Judge Roberto A. Lange on February 12, 2013 and pled guilty to Assaulting, Resisting, Opposing and Impeding a Federal Officer. The maximum penalty upon conviction is 20 years in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 special assessment.
The conviction stems from an incident that took place on July 22, 2012 when Curry’s vehicle was being pursued by officers. Curry drove his vehicle at an officer’s vehicle, which caused the officer’s vehicle to leave the roadway to avoid being hit. Curry used similar driving behaviors to force other officers and at least one citizen to take evasive action to avoid Curry’s vehicle.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant U.S. Attorney Tim Maher.
A presentence investigation was ordered and a sentencing date was set for May 7, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Rapid City Woman Arraigned on Assault ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota woman has been indicted by a federal grand jury for Assault With a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Raylene C. Chips, a/k/a Raelene C. Chips, a/k/a Raelene C. Chipps, age 23, was indicted by a federal grand jury on October 16, 2012. She appeared before U.S. Magistrate Judge Mark A. Moreno on February 11, 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 the Defendant 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 Troy Morley is prosecuting the case. Chipps was released on bond pending trial. A trial date has not been set.
Rapid City Man Pleads Guilt to Assault ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that Jeffrey M. Chips, a/k/a Jeffrey M. Chipps, age 23, of Rapid City, South Dakota appeared before U.S. District Judge Roberto A. Lange on February 12, 2013 and pled guilty to Count II of the Indictment that charged him with Assault Resulting in Serious Bodily Injury. 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 on the 4th day of May, 2012 when the Defendant was riding in a car in Mission, South Dakota. The vehicle came upon two women walking along the road, the vehicle stopped and two occupants exited and confronted the victim. A fight ensued and Chipps then exited the vehicle and 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 and a sentencing date was set for May 6, 2013. The Defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Pine Ridge Man Indicted for Sexual AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota man has been indicted by a federal grand jury for allegedly having sexual contact with a 13 year old girl on November 6, 2012.
Archie Backward, Jr., age 21, was indicted by a federal grand jury on January 23, 2013 for two counts of abusive sexual contact with a minor and one count of abusive sexual contact without permission. Backward appeared before United States Magistrate Judge Veronica L. Duffy on February 1, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction for each count is 2 years' imprisonment and a $250,000 fine. The charges are merely accusations and Backward 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. Backward was remanded to the custody of the U.S. Marshal. A trial date has been set for April 9, 2013. ###Pine Ridge Man Charged with AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota man has been indicted by a federal grand jury for allegedly assaulting his elderly mother at Pine Ridge on August 8, 2010.
Reginald Charles Big Crow, age 52, was indicted by a federal grand jury on December 21, 2010 for Assault Resulting in Serious Bodily Injury. Big Crow appeared before U.S. Magistrate Judge Veronica L. Duffy on February 4, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 10 years of imprisonment and a $250,000 fine. The charge is merely an accusation and Big Crow 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. Big Crow was remanded to the custody of the U.S. Marshal. A trial date has been set for April 9, 2013.
# # #North Dakota Woman Charged with Distribution of A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that a Fort Yates, North Dakota woman has been indicted by a federal grand jury.
April Pretends Eagle, age 30, was indicted by a federal grand jury on October 16, 2012 for Distribution of a Controlled Substance to a Person Under the Age of 21 and Possession with Intent to Distribute a Controlled Substance. Pretends Eagle appeared before U.S. Magistrate Judge Mark A. Moreno on February 8, 2013 and pled not guilty to the indictment. In addition to a $100 special assessment, the maximum penalty upon conviction is 10 years of imprisonment, a $250,000 fine, or both; 4 years of supervised release and an additional 2 years of supervised release upon revocation. Restitution may also be ordered. The charges are merely accusations and Pretends Eagle is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Northern Plains Save Trails Drug Enforcement Task Force and Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case. Pretends Eagle was remanded to the custody of the US Marshal. A trial date has been set for April 1, 2013.
Montana Man Indicted for Failure to Pay Child SupportRead the Press Release
United States Attorney Brendan V. Johnson announced that a Missoula, Montana man has been indicted by a federal grand jury for Failure to Pay Legal Child Support.
Rodney A. Stevens, age 38, was indicted by a federal grand jury on August 15, 2012 for failing to pay over $27,942.00 in past due child support. He appeared before US Magistrate Judge William D. Gerdes on February 8, 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 he 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. Stevens was released on bond pending trial. A trial date has not been set.
Mission Woman Sentenced for Involuntary ManslaughterRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota woman convicted of Involuntary Manslaughter was sentenced on February 12, 2013 by U.S. District Judge Roberto A. Lange.
Kristen Bear Heels, age 29, was sentenced to 6 months in custody, 6 months home confinement, 18 months of supervised release, and a $100 special assessment to the Victim Assistance Fund. Bear Heels was indicted by a federal grand jury on September 19, 2012, and pled guilty to the charge on November 27, 2012.
The conviction stems from an incident that took place on May 11, 2012 when Bear Heels asphyxiated the victim by overlaying. 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. Bear Heels must self-report to the custody U.S. Marshal on February 15, 2013.
Mission Woman Pleads Guilty to TheftRead the Press Release
United States Attorney Brendan V. Johnson announced that Tisha Leader Charge, age 33, of Mission, South Dakota appeared before U.S. Magistrate Judge Mark A. Moreno on February 8, 2013 and pled guilty to Counts II and III of the Indictment that charged her with Theft in Connection with Health Care and Larceny. In addition to a $25 special assessment on each count, 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 may also be imposed.
The charges stem from an incident wherein Leader Charge, on or about the 1st day of January 2012 and the 30th day of September 2012, unlawfully took and carried away with intent to steal and purloin, the personal property of the employees and interns at the Indian Health Hospital in Rosebud, South Dakota. During that time period Leader Charge, who was working at the Bureau of Indian Affairs Indian Health Service Hospital as a pharmacy technician, fraudulently obtained prescription medications from the pharmacy in various ways. Leader Charge would “short” prescriptions by taking a few of the prescribed pills out of the bottle before giving the bottle to the patients. Leader Charge also took prescribed medications that a patient did not pick up and she was supposed to restock. Leader Charge would enter the medications in the computer system as being restocked. Leader Charge admitted to giving some of the medications she stole to other people. She also admitted to stealing money out of co-employees’ belongings in the breakroom. The total amount of money stolen was under $1,000.
The investigation was conducted by the Office of the Inspector General and Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case. Leader Charge was released on bond pending sentencing which has been set for April 9, 2013.
Minnesota Man Indicted for Failure to Pay Child SupportRead the Press Release
United States Attorney Brendan V. Johnson announced that a Cambridge, MN man has been indicted by a federal grand jury for Failure to Pay Legal Child Support.
Kenneth B. Kleppen, age 40, was indicted by a federal grand jury on January 8, 2013 for failing to pay over $50,632.00 in past due child support. He appeared before U.S. Magistrate Judge William D. Gerdes on February 8, 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 he 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. Kleppen was released on bond pending trial. A trial date has not been set.
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 12, 2013 by U.S. District Judge Roberto A. Lange. Wade Goodface, age 20, was sentenced to 12 months in custody and 5 years of supervised release. Goodface is to register as a sex offender, and is to pay $100 to the Victim Assistance Fund.
The charge stems from an incident that occurred on February 17, 2012 wherein Goodface went to the home of a female acquaintance and her brother and asked her to go on a walk with him. Her brother accompanied them, and the three walked around the Lower Brule community. During the walk, Goodface attempted to get his friend’s brother to leave them alone, and the group ended up at the place where Goodface was staying. In a continued attempt to get the brother to leave, Goodface engaged in sexual abuse, with the intent to harass him.
The investigation was conducted by the Federal Bureau of Investigation and Assistant United States Attorney Meghan N. Dilges prosecuted the case. Goodface was immediately turned over to the custody of the U.S. Marshal.
Interior Man Pleads Guilty to Distribution of A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that Gerald Baker, Sr., age 27, of Interior, South Dakota appeared before U.S. Magistrate Judge Veronica L. Duffy on February 8, 2013 and pled guilty to distribution of a controlled substance. The maximum penalty upon conviction is 5 years’ imprisonment and/or a $250,000 fine.
On March 5, 2012 Baker distributed more than 5 grams of marijuana at Kyle, South Dakota. The investigation was conducted by Operation Eagle Eye, a drug interdiction program 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. In addition to Task Force members, other agencies assisting were the Bureau of Alcohol, Tobacco, Firearms & Explosives, the Martin Police Department, the U.S. Marshal's Service, the Drug Enforcement Administration, and the Jackson County Sheriff’s Office. 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 June 11, 2013. The defendant was released on bond pending acceptance of this plea and sentencing.
Dupree Woman Pleads Guilty to Making False StatementRead the Press Release
United States Attorney Brendan V. Johnson announced that Alisa Knight, age 29, of Dupree, South Dakota appeared before U.S. District Judge Roberto A. Lange on February 12, 2013 and pled guilty to Count I of the Indictment that charged her with Making False Statement to Federal Agency. The maximum penalty upon conviction is 5 years' imprisonment, a $250,000 fine or both and a period of supervised release of 3 years.
The conviction stems from an incident on December 12, 2011 when special agents from the Federal Bureau of Investigation made contact with the Defendant regarding a report they received that someone had been sexually assaulted at her home. Rather than informing the agents of the individuals who were present and what occurred on that evening, the Defendant denied that she had anyone at her home or that anyone was consuming alcohol.
The investigation was conducted by the Federal Bureau of Investigation. 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 6, 2013. The defendant was released on bond pending sentencing.
California Man Indicted for Failure to Pay Child SupportRead the Press Release
United States Attorney Brendan V. Johnson announced that a Ceres, California man has been indicted by a federal grand jury for Failure to Pay Legal Child Support.
Robert R. Ortega, age 44, was indicted by a federal grand jury on December 4, 2012 for failing to pay over $70,548.00. He appeared before U.S. Magistrate Judge William D. Gerdes on February 8, 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 Ortega 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. Ortega was released on bond pending trial. A trial date has not been set.
Miller Man Sentenced for Killing Endangered SpeciesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Miller, South Dakota man pled guilty and was sentenced for killing an endangered whooping crane.
Jeff Blachford, age 26, appeared before U.S. Magistrate Judge Mark A. Moreno on February 13, 2013 and pled guilty to one count of violating the Federal Endangered Species Act. Blachford was sentenced to $85,000 in restitution, 2 years of probation, and a $25 assessment to the Victim Assistance Fund. Blachford was additionally ordered to forfeit the rifle he used in the offense and is prohibited from hunting, fishing, or trapping anywhere in the United States for two years.
“Wildlife is an important resource to the people of South Dakota. This year marks the 40th anniversary of the Endangered Species Act, and the sentence handed down today for the senseless killing of a whooping crane, one of the rarest birds in the world, is a prime example of the enforcement of that law,” said Johnson. “The Department of Justice works hand in hand with the U.S. Fish and Wildlife Service and takes the killing of endangered species very seriously. Let this case serve as notice to anyone who thinks otherwise.”
In April 2012, Blachford shot and killed an adult male whooping crane approximately 17 miles southwest of Miller. “The killing of this whooping crane was a senseless act and the U.S. Fish and Wildlife Service is pleased with the sentence handed down in this case,” said Deputy Chief Edward Grace of the U.S. Fish and Wildlife Service Office of Law Enforcement. “The protection of endangered species is a high priority for the U.S. Fish and Wildlife Service and our Special Agents, in partnership with the South Dakota Department of Game, Fish and Parks, will continue to aggressively investigate these types of violations to ensure these animals receive the protection they need to survive.”
Whooping cranes are one of the rarest birds in the world with a total population of approximately 600 individuals. The whooping crane killed in this case was one of about 300 wild whooping cranes that migrate from wintering grounds along the gulf coast of Texas to the Woods Buffalo State Park located in Alberta and the Northwest Territories of Canada. This population of whooping cranes is the only self-sustaining population in the world.
This investigation was conducted by the U.S. Fish and Wildlife Service Office of Law Enforcement and the South Dakota Department of Game, Fish and Parks. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Florida Man Pleads Guilty to Trafficking Counterfeit GoodsRead the Press Release
United States Attorney Brendan V. Johnson announced that an Ormond Beach, Florida man appeared before Chief U.S. District Judge Jeffrey L. Viken on February 8, 2013 and pled guilty to Trafficking in Counterfeit Goods or Services. The maximum penalty upon conviction is 10 years' imprisonment and/or a $2,000,000 fine.
Between February 2010 and August 2011, Nir Giist, age 55, intentionally sold counterfeit goods near Rapid City, Keystone, Deadwood, Hill City, and Sturgis, South Dakota. The sale of counterfeit goods violated the trademarks held by Monster Energy, Angry Birds, Hollister, The North Face, and Ed Hardy.
The investigation was conducted by the U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI). 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 June 10, 2013. The defendant was released on bond pending sentencing.
Wakpala Woman Arraigned on Assault ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Wakpala woman has been indicted by a federal grand jury for Assault With a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Adrienne Kills Small, age 35, was indicted by a federal grand jury on February 5, 2013. She appeared before U.S. Magistrate Judge William D. Gerdes on February 7, 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 on each count. The charge is merely an accusation and Kills Small 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. Kills Small was remanded to the custody of the U.S. Marshal. A trial date has not been set.
Wakpala Man Pleads Guility to Abusive Sexual ContactRead the Press Release
United States Attorney Brendan V. Johnson announced that Adrian Spotted Horse, age 33, of Wakpala, South Dakota appeared before U.S. District Judge Roberto A. Lange via video conference on February 7, 2013 and pled guilty to a Superseding Information that charged him with Abusive Sexual Contact. The maximum penalty upon conviction is 3 years of imprisonment, a $250,000 fine or both and a mandatory minimum of 5 years up to life of supervised release.
Spotted Horse was indicted on October 16, 2012. The conviction stems from an incident on May 31, 2012, when Spotted Horse made two separate attempts to force sexual contact on the victim. T
he investigation was conducted by the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Troy Morley.
A presentence investigation was ordered and a sentencing date was set for April 30, 2013. Spotted Horse was remanded to the custody of the U.S. Marshal pending sentencing.
Parmelee Man Charged with Involuntary ManslaughterRead the Press Release
United States Attorney Brendan V. Johnson announced that a Parmelee, South Dakota man has been indicted by a federal grand jury for Involuntary Manslaughter.
Nathaniel Red Bird, age 32, was indicted by a federal grand jury on January 16, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 7, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is up to 8 years’ in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 Special Assessment. Restitution may also be ordered.
The charge is merely an accusation and Red Bird is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Marie H. Ruettgers is prosecuting the case.
Red Bird was remanded to the custody of the U.S. Marshal pending trial. A trial date has been set for April 2, 2013.