District of South Dakota
Press releases recorded for this federal judicial district.
McLaughlin Man Arraigned on Assault ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota man has been indicted by a federal grand jury for two counts of Assault With a Dangerous Weapon and four counts of Domestic Assault by a Habitual Offender.
Benedict Iron Thunder, Jr., age 35, was indicted by a federal grand jury on January 16, 2013. He 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 of imprisonment on the Assault With a Dangerous Weapon charges and one of the Domestic Assault charges because it is alleged that substantial bodily injury resulted from that assault. The remaining three Domestic Assault charges could result in 5 years of imprisonment. All counts include a $250,000 fine and a period of supervised release of 3 years. The charges are merely accusations and Iron Thunder 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. Iron Thunder was remanded to the custody of the U.S. Marshal. A trial date has not yet been set.
Kyle Man Charged with AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Kyle, South Dakota man was indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
William Lawrence Montileaux, age 39, was indicted on January 23, 2013 for Assault with a Dangerous Weapon 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 10 years' imprisonment and/or $250,000 fine. The charge is merely an accusation, and Montileaux is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs and the Federal Bureau of Investigation. Special Assistant U.S. Attorney Laura Shattuck is prosecuting the case. Montileaux was released on bond pending trial. A trial date has been set for April 9, 2013.
Hermosa Woman Charged with False Statement and False DeclarationRead the Press Release
United States Attorney Brendan V. Johnson announced that a Hermosa, South Dakota woman has been indicted by a federal grand jury for False Statement to a Federal Agency and False Declaration before a Grand Jury.
Doreen Amiotte, age 47, was indicted by a federal grand jury on January 16, 2013. She appeared before U.S. Magistrate Judge Mark A. Moreno on February 8, 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 Amiotte is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshal Service. Assistant U.S. Attorney Marie H. Ruettgers is prosecuting the case.
Amiotte was released on bond pending trial. A trial date has been set for April 2, 2013.
Successful Conclusion of Operation Rolling ThunderRead the Press Release
United States Attorney Michael W. Cotter of the District of Montana, and United States Attorney Brendan V. Johnson of the District of South Dakota announced the results of Operation Rolling Thunder, a two-year covert investigation focusing on unlawful trafficking in federally-protected migratory birds, primarily bald and golden eagles. The operation was conducted by agents of the U.S. Fish and Wildlife Service from March 2008 through February 2011 in Montana and South Dakota.
The investigation documented 43 transactions of protected migratory birds, primarily bald and golden eagles, in violation of the Bald and Golden Eagle Protection Act, the Migratory Bird Treaty Act and the Lacey Act. The unlawful transactions include the purchase of multiple whole carcass bald and golden eagles in interstate commerce using the United States Postal Service and wire transfers of funds to further the transactions. In total, the operation was able to purchase feathers, other bird parts (wings, claws), and complete migratory birds, which involved a minimum of 80 eagles and 30 hawks.
In response to the successful prosecutions in Operation Rolling Thunder, U.S. Attorney Michael W. Cotter said, “I have to commend the investigators with the U.S. Fish Wildlife Service and Assistant U.S. Attorney Mark Smith for his excellent work in this case. Investigations and prosecutions, like Operation Rolling Thunder, of those that kill our protected species for their own gain are vital to ensuring the sustainability of the majestic raptors of our country.”
U.S. Attorney Brendan V. Johnson added, “I want to recognize and thank the U.S. Fish and Wildlife Service investigators for their diligent efforts in this Operation, and Assistant U. S. Attorneys Eric Kelderman and Tim Maher for their vigorous prosecution of those that have violated the Bald and Golden Eagle Protection Act. The Department of Justice respects the appropriate use of bird parts for cultural and religious purposes, but the success of Operation Rolling Thunder demonstrates that once that line is crossed, we will strongly enforce federal wildlife laws that preserve natural resources.”
“This investigation documented the unlawful killing and commercialization of eagles and hawks, an unlawful practice that in certain areas of our country is a significant threat to species that are a vital part of our natural heritage,” said Ed Grace, Deputy Chief for the U.S. Fish and Wildlife Service. “We hope the penalties in these cases serve as a deterrent to those engaged in this practice, and urge the public to help us put an end to it.”
On October 12, 2012, the Department of Justice announced a policy addressing the ability of members of federally recognized Indian tribes to possess or use eagle feathers, an issue of great cultural significance to many tribes and their members. The Attorney General's memorandum is the first formal policy statement adopted by the Justice Department on this issue. It clarifies and expands on longstanding Department practice, consistent with the Department of the Interior's 35-year old Morton Policy, of not prosecuting tribal members for possessing or using eagle feathers and other protected bird parts.
Federal wildlife laws such as the Bald and Golden Eagle Protection Act generally criminalize the killing of eagles and other migratory birds and the possession or commercialization of the feathers and other parts of such birds. These important laws are enforced by the Department of Justice and the Department of the Interior and help ensure that eagle and other bird populations remain healthy and sustainable.
Many Indian tribes and tribal members have historically used, and today continue to use federally protected birds, bird feathers or other bird parts for their tribal cultural and religious expression. Federal wildlife laws recognize the importance of accommodating tribal spiritual needs by allowing exceptions for the religious purposes of Indian tribes. Eagle feathers are made available to tribal members every year from the Fish and Wildlife Service's National Eagle Repository.{www.fws.gov/le/national-eagle-repository.html}
For more information on the Department’s Eagle Feathers Policy, visit www.justice.gov/tribal/feathers-fs.htm
Five defendants were indicted in South Dakota, and seven were indicted in Montana. Following is a summary of the cases:
SOUTH DAKOTA DEFENDANTS:
1. Stanley LITTLEBOY. On January 5, 2012, Stanley LITTLEBOY appeared before United States District Court Judge Jeffrey L. Viken and was sentenced on two counts of violating the Bald and Golden Eagle Protection Act. LITTLEBOY was sentenced to the following: • Five (5) months in the custody of the Bureau of Prisons • Five (5) months in Community Confinement • One (1) year of Supervised Release • $125.00 payment of Special Assessment Fee
2. Shane REDHAWK. On January 18, 2012, Shane REDHAWK appeared before United States District Court Judge Roberto A. Lange and was sentenced on two counts of violating the Bald and Golden Eagle Protection Act. REDHAWK was sentenced to the following: • One (1) month in the custody of the Bureau of Prisons • Five (5) months in Home Confinement • One (1) year of Supervised Release • 100 hours of Community Service • $125.00 payment of Special Assessment Fee
3. Noella REDHAWK. On January 18, 2012, Noella REDHAWK appeared before United States District Court Judge Roberto A. Lange and was sentenced on one count of violating the Bald and Golden Eagle Protection Act. REDHAWK was sentenced to the following: • Six (6) months in Home Confinement • One (1) year of Probation • 50 hours of Community Service • $25.00 payment of Special Assessment Fee
4. Tilden REDDEST. On February 24, 2012, Tilden REDDEST appeared before U.S. District Court Judge Jeffrey L. Viken and was sentenced on two counts of violating the Bald and Golden Eagle Protection Act. REDDEST was sentenced to the following: • Fifty-two (52) consecutive weekends in custody. To be served at the Pennington County Jail, Rapid City, South Dakota • Five (5) years of Probation • 400 hours of Community Service • $125 payment of Special Assessment Fee
MONTANA/SOUTH DAKOTA JOINT DEFENDANT:
5. Ernie L. STEWART. On January 11, 2012, Ernie L. STEWART appeared before U.S. District Judge Jeffrey L. Viken and pled guilty to one (1) count of violating the Bald and Golden Eagle Protection Act. Later, Stewart’s case was transferred from the District of South Dakota to the District of Montana for sentencing, because Stewart had related charges pending in that District. On May 9, 2012, Ernie L. STEWART appeared before U.S. District Court Judge Jack D. Shanstrom and was sentenced on three (3) counts of violating the Bald and Golden Eagle Protection Act. STEWART was sentenced to the following for charges in Montana and South Dakota: • Twelve (12) months and one (1) day in the custody of the Bureau of Prisons • One (1) year of Supervised Release • Revocation of hunting and fishing privileges • $225 payment of Special Assessment Fee
MONTANA DEFENDANTS:
6. Melody GOODSTRIKER. On January 7, 2012, Melody GOODSTRIKER, per a plea agreement with the U.S. Attorney’s Office, forfeited $500.00 in collateral to the Central Violations Bureau for a violation of the Migratory Bird Treaty Act.
7. Harvey HUGS. On January 27, 2012, Harvey HUGS appeared before U.S. Magistrate Judge Carolyn S. Ostby and was sentenced on one count of violating the Bald and Golden Eagle Protection Act. HUGS was sentenced to the following: • Six (6) months in the custody of the Bureau of Prisons • One (1) year of Supervised Release • $25.00 payment of Special Assessment Fee
8. Marc LITTLE LIGHT. On March 8, 2012, Marc LITTLE LIGHT appeared before U.S. Magistrate Judge Carolyn S. Ostby and was sentenced on one count of violating the Migratory Bird Treaty Act. LITTLE LIGHT was sentenced to the following: • One (1) year of Probation • $2,000.00 payment of Fine • $10.00 payment of Special Assessment Fee
9. William E. HUGS Jr. On May 2, 2012, William E. HUGS Jr. appeared before Chief U.S. District Court Judge Richard F. Cebull and was sentenced on five (5) counts of violating the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act. HUGS Jr., was sentenced to the following: • Time served in custody (Jan 9, 2012 through May 2, 2012) • Three (3) years of Supervised Release • Payment of $500.00 Special Assessment Fee
10. Gilbert G. WALKS Jr. On May 4, 2012, Gilbert G. WALKS Jr. appeared before Chief U.S. District Court Judge Richard F. Cebull and was sentenced on four (4) counts of violating the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act. WALKS Jr., was sentenced to the following: • Twenty-four (24) months in the custody of the Bureau of Prisons • One (1) year of Supervised Release • 100 hours of Community Service • Payment of $400.00 Special Assessment Fee
11. William E. HUGS Sr. On June 13, 2012, William E. HUGS Sr. appeared before Chief U.S. District Court Judge Richard F. Cebull and was sentenced on one (1) count of violating the Bald and Golden Eagle Protection Act. HUGS Sr., was sentenced to the following: • Eighteen (18) months in the custody of the Bureau of Prisons • Three (3) years of Supervised Release • Payment of $500.00 Special Assessment Fee
Law enforcement is essential to virtually every aspect of wildlife conservation. The U.S. Fish and Wildlife Service Office of Law Enforcement contributes to Service efforts to manage ecosystems, save endangered species, conserve migratory birds, preserve wildlife habitat, restore fisheries, combat invasive species, and promote international wildlife conservation.
U.S. Fish and Wildlife Service law enforcement today focuses on potentially devastating threats to wildlife resources -- illegal trade, unlawful commercial exploitation, habitat destruction, and environmental contaminants. The Office of Law Enforcement investigates wildlife crimes, regulates wildlife trade, helps Americans understand and obey wildlife protections laws, and works in partnership with international, state, and tribal counterparts to conserve wildlife resources.
When fully staffed, the Office of Law Enforcement includes 261 special agents and some 140 wildlife inspectors.
Illinois Man Found Guilty of Sex TraffickingRead the Press Release
United States Attorney Brendan V. Johnson announced that Carl Campbell, 37, of Chicago, Illinois was found guilty of five counts including sex trafficking by force and sex trafficking of children. The guilty verdicts followed a week-long federal jury trial in Sioux Falls.
A federal jury convicted Campbell after hearing evidence that he lured in adults and minors and caused them to engage in commercial sex acts in and around Sioux Falls. He assaulted one victim repeatedly over the course of about 8 months in which he forced her to perform commercial sex acts in South Dakota, Iowa, Wisconsin, and Illinois.
“This defendant has been brought to justice for his role in the sexual enslavement of young women,” said Johnson. “The verdict sends a strong message, if you engage in the heinous act of sex trafficking in South Dakota we will prosecute you to the fullest extent of the law.”
Campbell’s convictions include one count of Sex Trafficking by Force, Fraud, or Coercion; one count of Interstate Transportation for Prostitution; one count of Obstruction of Sex Trafficking Enforcement, and two counts of Sex Trafficking of a Child. Sex Trafficking by Force, Fraud, or Coercion carries a mandatory minimum sentence of 15 years in prison and up to a life maximum. The two convictions for Sex Trafficking of a Child each carry a mandatory minimum sentence of 10 years in prison and up to a life maximum. The remaining two counts involving interstate transportation and obstruction carry maximum prison terms of up to 20 years each.
This case was investigated by Homeland Security Investigation, Federal Bureau of Investigation, the South Dakota Division of Criminal Investigation, the Minnehaha County Sheriff’s Office, Sioux Falls Police Department, and the Franklin County (Illinois) Police Department. It was prosecuted by Assistant U.S. Attorneys Kevin Koliner and Jeff Clapper. A presentence investigation was ordered, and sentencing has been set for April 29, 2013, before U.S. District Judge Karen E. Schreier. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Rosebud Man Pleads Guilty to Escape from CustodyRead the Press Release
United States Attorney Brendan V. Johnson announced that Justin Lee Gabriel, age 21, of Rosebud South Dakota appeared before Chief U.S. District Judge Jeffrey L. Viken on January 28, 2013 and pled guilty to an indictment charging him with Escape from Custody. The maximum penalty upon conviction is five years' imprisonment and a $250,000 fine.
Gabriel was indicted for Escape from Custody by a federal grand jury on September 25, 2012. On August 18, 2012, Gabriel left the Community Alternatives of the Black Hills (CABH) and did not return. The investigation was conducted by the U.S. Marshal's Service.
A presentence investigation was ordered and a sentencing date was set for June 7, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Pierre Man Pleads Guilty to Possession of A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that Rider Sheard, age 18, of Pierre, South Dakota appeared before U.S. District Judge Roberto A. Lange on February 6, 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; 1 year of supervised release and an additional 1 year of supervised release upon revocation.
The charge stems from an incident wherein Sheard, on or about the 17th day of May, 2012 knowingly and intentionally possessed marijuana, a Schedule I controlled substance.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force and Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case. Sheard was released on bond pending sentencing, which has been set for April 30, 2013.
Illinois Man Charged with Criminal TrespassRead the Press Release
United States Attorney Brendan V. Johnson announced that a Chicago, Illinois man has been indicted by a federal grand jury for Criminal Trespass.
Steven Nichols, age 42, was indicted by a federal grand jury on October 16, 2012. 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 1 year in custody, a $100,000 fine, or both; 1 year of supervised release; and a $25 Special Assessment. Restitution may also be ordered.
The charge is merely an accusation and Nichols 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.
Nichols was remanded to the custody the U.S. Marshal pending trial. The trial is set for April 2, 2013.
Bonesteel Man Pleads Guilty to Sexual Abuse and Sexual Contact ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that Robert Louis Prue, Jr., age 34, of Bonesteel, South Dakota appeared before U.S. District Judge Roberto A. Lange on February 6, 2013 and pled guilty to one count of Sexual Abuse of a Minor and one count of Sexual Contact with a Minor. The maximum penalty upon conviction is 17 years in custody, a $250,000 fine, or both; a mandatory minimum of 5 years up to life of supervised release; and a $200 special assessment.
The convictions stem from incidents that took place between June 22, 2011 and September 22, 2011, when Prue had sexual contact with a minor victim.
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 April 8, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Winner Man Pleads Guilty to Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that Darius Two Eagle, age 20, of Winner, South Dakota appeared before U.S. District Judge Roberto A. Lange on February 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 October 11, 2012, when Two Eagle assaulted the victim with a bat and rock, with intent to do bodily harm to the victim.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant U.S. Attorney Tim Maher.
A presentence investigation was ordered and a sentencing date was set for May 1, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Rosebud Woman Sentenced for Sexual AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota woman convicted of Sexual Abuse was sentenced on February 4, 2013 by U.S. District Judge Roberto A. Lange. Ina Crow Dog, age 48, was sentenced to 72 months in custody, 5 years of supervised release, and a $100 special assessment to the Victim Assistance Fund.
Crow Dog was indicted by a federal grand jury on March 13, 2012, and pled guilty to the charge on November 5, 2012.
The conviction stems from an incident that took place on or about between December 1, 2010 and December 31, 2010, when Crow Dog and another individual sexually abused a victim.
The investigation was conducted by the Federal Bureau of Investigation and Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Marie H. Ruettgers.
Crow Dog was remanded to the custody of the U.S. Marshal.
Rosebud Man Sentenced for Sexual AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota man convicted of Sexual Abuse was sentenced on February 4, 2013 by U.S. District Judge Roberto A. Lange. Anthony Fast Horse, age 53, was sentenced to 192 months in custody, 5 years of supervised release, and a $100 special assessment to the Victim Assistance Fund.
The conviction stems from an incident that took place on or about between December 1, 2010 and December 31, 2010, when Fast Horse sexually abused the victim.
The investigation was conducted by the Federal Bureau of Investigation and Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Marie H. Ruettgers.
Fast Horse was remanded to the custody of the U.S. Marshal.
Rosebud Man Pleads Guilty to Burglary and Aiding and AbettingRead the Press Release
United States Attorney Brendan V. Johnson announced that Justin Lee Gabriel, age 21, of Rosebud, South Dakota appeared before U.S. District Judge Roberto A. Lange on February 6, 2013 and pled guilty to Third Degree Burglary and Aiding and Abetting. 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 September 6, 2012, when Gabriel broke in to the Prairie Hills Square golf club and took U.S. currency from the business.
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 6, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Pine Ridge Man Sentenced for Domestic AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota man convicted of Domestic Assault by a Habitual Offender was sentenced on January 14, 2013 by Chief U.S. District Judge Jeffrey L. Viken. Daryl Lee Goings, age 46, was sentenced to 10 years of imprisonment, 3 years of supervised release and ordered to pay $100 to the Victim Assistance Fund.
Goings was indicted for Kidnapping and Domestic Assault by a Habitual Offender on February 22, 2012. The charges related to Goings causing substantial injury to a female during a domestic assault at Pine Ridge on September 3 or 4, 2011. He has been convicted on at least two separate prior occasions for Aggravated Assault and Assault Resulting in Serious Bodily Injury. Goings pled guilty to Domestic Assault by a Habitual Offender on September 27, 2012.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.
Goings was immediately turned over to the custody of the U.S. Marshal.
Pine Ridge Man Sentenced for Domestic AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota man convicted of Domestic Assault by a Habitual Offender was sentenced on January 14, 2013 by Chief U.S. District Judge Jeffrey L. Viken. Daryl Lee Goings, age 46, was sentenced to 10 years of imprisonment, 3 years of supervised release and ordered to pay $100 to the Victim Assistance Fund.
Goings was indicted for Kidnapping and Domestic Assault by a Habitual Offender on February 22, 2012. The charges related to Goings causing substantial injury to a female during a domestic assault at Pine Ridge on September 3 or 4, 2011. He has been convicted on at least two separate prior occasions for Aggravated Assault and Assault Resulting in Serious Bodily Injury. Goings pled guilty to Domestic Assault by a Habitual Offender on September 27, 2012.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.
Goings was immediately turned over to the custody of the U.S. Marshal.
Pine Ridge Man Convicted of Sexual AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that Daniel Tobacco, age 19, of Pine Ridge, South Dakota was convicted of sexual abuse following a federal jury trial in Rapid City, South Dakota. This charge carries a maximum penalty of life imprisonment and a $250,000 fine. Tobacco was indicted by a federal grand jury for sexual abuse on June 19, 2012.
The charges stem from Tobacco unlawfully engaging in a sexual act with a female at Pine Ridge on February 23, 2012. This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.
The defendant will be sentenced following a presentence investigation. A sentencing date of June 10, 2013 has been ordered. The defendant was remanded to the custody of the U.S. Marshal.
Mission Man Pleads Guilty to Firearm ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that Gary Joe Emery, age 27, of Mission, South Dakota appeared before U.S. District Judge Roberto A. Lange on February 6, 2013 and pled guilty to Felon in Possession of a Firearm. The maximum penalty upon conviction is 10 years in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 special assessment.
On April 13, 2009 Emery was convicted of a felony in United States District Court – District of South Dakota. On June 10, 2012, Emery possessed a firearm at his residence in Todd County, South Dakota.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and 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 6, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
U.S. Attorney Brendan Johnson Completes Term as Chairman of National CommitteeRead the Press Release
United States Attorney Brendan V. Johnson has completed his term as Chairman of the Department of Justice’s Native American Issues Subcommittee (NAIS), but will continue to advise the Attorney General in his role as a member of the Attorney General’s Advisory Committee of U.S. Attorneys (AGAC). Johnson has served as chairman of the NAIS since 2009, shortly after his confirmation as U.S. Attorney for the District of South Dakota.
Attorney General Holder thanked U.S. Attorney Johnson for serving as chair of the NAIS for the past three years, 2009-2012. “Brendan Johnson’s dedication and commitment to improving public safety in Indian Country will continue to positively impact tribal communities for years to come. His leadership has brought the U.S. Attorney community together to address a myriad of important issues in Indian Country, and his guidance has been an invaluable asset to this department. I look forward to my ongoing work with U.S. Attorney Johnson as a member of the AGAC.”
As NAIS chair, Johnson was instrumental in bringing South Dakota Indian country issues to the forefront. In July 2011, Attorney General Holder, Associate Attorney General Thomas J. Perrelli, and approximately 30 United States Attorneys from across the country visited South Dakota to meet with tribal leaders in Rapid City and Pine Ridge. The Department of Justice has worked closely with tribal communities to empower tribal courts, increase law enforcement cooperation, and improve public safety in Indian Country. In South Dakota, this new spirit of cooperation has produced a significant increase in prosecutions as well as the development of new programs designed to empower tribal court systems.
Johnson’s service will continue on the AGAC. The AGAC is a select committee of United States Attorneys that was created in 1973 to serve as the voice of the U.S. Attorneys and to advise the Attorney General on policy, management, and operational issues impacting the offices of the U.S. Attorneys.
Attorney General Holder also announced the appointment of U.S. Attorney for the District of North Dakota Timothy Q. Purdon to replace Johnson as chair of NAIS, and U.S. Attorney for the Western District of Oklahoma Sanford C. Coats to serve as vice chair.
“I’m honored that I had the opportunity to serve as NAIS chair for the past three years, and sincerely appreciate Attorney General Holder’s confidence in me,” said Johnson. “I’m proud of our accomplishments, and am confident these efforts will continue under the able guidance of U.S. Attorney Purdon.”
St. Francis Woman Pleads Guilty to Abusive Sexual ContactRead the Press Release
United States Attorney Brendan V. Johnson announced that Rita Runs Above, age 35, of St. Francis, South Dakota appeared before U.S. District Judge Roberto A. Lange on February 5, 2013 and pled guilty to Abusive Sexual Contact. The maximum penalty upon conviction is 3 years in custody, a $250,000 fine, or both; life of supervised release; and a $100 special assessment.
The conviction stems from an incident that took place on August 22, 2012 when Runs Above had sexual contact with the victim who was incapable of consenting.
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 1, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Sioux Falls Man Sentenced for Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that Royce Loudner, age 46, of Sioux Falls, South Dakota appeared before U.S. District Judge Roberto A. Lange and pled guilty to the Indictment that charged him with Failure to Register as a Sex Offender. Following his plea of guilty, and with the consent of all the parties, Loudner agreed to be sentenced immediately following his guilty plea. Loudner was sentenced to 18 months of imprisonment to be served concurrently to the sentence imposed in a prior matter. He was also sentenced to 5 years of supervised release and $100 to the Victim Assistance Fund.
Loudner was previously convicted of sexual abuse and is required to register as a sex offender. Loudner was discharged from Glory House on April 8, 2011. On April 18, 2011 he returned to Glory House. During this period, Loudner failed to update his sex offender registration status or register a new address as required by conditions of his supervised release and federal law.
The investigation was conducted by the U.S. Marshal’s Office and Assistant U.S. Attorney Meghan N. Dilges prosecuted the case. Loudner was immediately turned over to the custody of the U.S. Marshal.
Lower Brule Man Sentenced for Assaulting, Resisting and Impeding A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota man convicted of Assaulting, Resisting and Impeding a Federal Officer was sentenced on February 4, 2013 by U.S. Magistrate Judge Mark A. Moreno. James Ewing, Jr., age 30, was sentenced to 12 months custody and $25 to the Victim Assistance Fund.
Ewing was indicted for the above offense by a federal grand jury on September 19, 2012. The charges stem from an incident on April 3, 2012 at Lower Brule, wherein Ewing assaulted, resisted, opposed, impeded, intimidated and interfered with an officer from the Bureau of Indian Affairs. Ewing pled guilty to an Amended Superseding Information on November 29, 2012.
The investigation was conducted by the Bureau of Indian Affairs and Assistant U.S. Attorney Meghan N. Dilges prosecuted the case. Ewing 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 Leonard Edwards, age 22, of Lower Brule, South Dakota appeared before U.S. District Judge Roberto A. Lange on February 5, 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 of imprisonment, a $250,000 fine, or both; 3 years of supervised release and 2 additional years of supervised release upon revocation.
The charge stems from an incident on August 25, 2012 where Edwards, the victim, and others were at a house party in Lower Brule. The victim had brought some alcohol to the party and took one of his bottles of alcohol with him when he left. Edwards followed the victim outside and struck him in the face with a closed fist, knocking the victim unconscious. As a result of the assault, the victim suffered multiple fractures to the jaw that required surgery to repair.
The investigation was conducted by the Federal Bureau of Investigation and Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case. Edwards was remanded to the custody of the U.S. Marshal pending sentencing. A sentencing date has been set for April 29, 2013.
Hermosa Man Pleads Guilty to EscapeRead the Press Release
United States Attorney Brendan V. Johnson announced that Barry Allman, age 22, of Hermosa, South Dakota appeared before U.S. District Judge Roberto A. Lange on February 5, 2013 and pled guilty to Escape. 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 November 26, 2012 when Allman was released on a furlough from federal custody to attend a funeral. Allman failed to return as ordered and was on the run until he was apprehended on December 18, 2012.
The investigation was conducted by the U.S. Marshal Service. The case is being prosecuted by Assistant U.S. Attorney Marie H. Ruettgers.
A presentence investigation was ordered and a sentencing date was set for April 1, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Eagle Butte Man Pleads Guilty to Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that Isiah Mesteth, age 22, of Eagle Butte, South Dakota appeared before U.S. District Judge Roberto A. Lange on February 5, 2013 and pled guilty to Count III of the Indictment that charged him with Assault Resulting in Serious Bodily Injury. 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.
The charge stems from an incident on October 4, 2011 where Mesteth and his significant other argued. Mesteth hit his significant other in the face and head several times, causing her nose and lips to bleed, as well as bruising and swelling to her face and arms resulting in extreme physical pain and serious bodily injury.
The investigation was conducted by the Bureau of Indian Affairs and Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case. Mesteth was remanded to the custody of the U.S. Marshal pending sentencing. A sentencing date has been set for April 29, 2013.
Winner Man Arraigned on Firearms ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Winner, South Dakota man has been indicted by a federal grand jury for Prohibited Person in Possession of a Firearm and Possession of Firearm with Obliterated Serial Number.
Joshua Felix, age 38, was indicted by a federal grand jury on January 16, 2013. He appeared before US Magistrate Judge Mark A. Moreno on January 31, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 5 years of custody; a $250,000 fine, or both; 3 years of supervised release; a $100 special assessment; and restitution.
The charges are merely accusations, and Felix is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Tim Maher is prosecuting the case. Felix was released on bond pending trial. No trial date has been set.
Rapid City Man Indicted for False Information Concerning Aircraft PiracyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota man has been indicted by a federal grand jury for allegedly making a false report to law enforcement authorities that an attempt was being made to hijack an aircraft in Pennington County on January 3, 2013.
Curtis Belile, age 24, was indicted by a federal grand jury on January 23, 2013 for False Information Concerning Aircraft Piracy. Belile appeared before United States Magistrate Judge Veronica L. Duffy on January 29, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 5 years of imprisonment and a $250,000 fine. The charge is merely an accusation and Belile is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rapid City Police Department, Box Elder Police Department, Pennington County Sheriff's Office, SD Highway Patrol, and the Federal Bureau of Investigation. Assistant U.S. Attorney Wayne Venhuizen is prosecuting the case. Belile was released on bond pending trial. A trial date has been set for April 9, 2013.
Minnesota Woman Indicted for Failure to Pay Child SupportRead the Press Release
United States Attorney Brendan V. Johnson announced that a St. Paul, Minnesota woman has been indicted by a federal grand jury for Failure to Pay Legal Child Support.
Allison R. Konstanz, age 35, was indicted by a federal grand jury on January 8, 2013 for failing to pay over $39,428.00 in past due child support. She appeared before U.S. Magistrate Judge John E. Simko on February 4, 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 Konstanz 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. Konstanz was released on bond pending trial. A trial date has not been set.
Minnesota Man Indicted for Failure to Pay Child SupportRead the Press Release
United States Attorney Brendan V. Johnson announced that a Marshall, Minnesota man has been indicted by a federal grand jury for Failure to Pay Legal Child Support.
Larry T. Davis, age 37, was indicted by a federal grand jury on December 4, 2012 for failing to pay over $11,774.00 in past due child support. He appeared before U.S. Magistrate Judge John E. Simko on February 4, 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 Davis 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. Davis was remanded to the custody of the U.S. Marshal. A trial date has not been set.
Little Eagle Man Arraigned on Sexual Abuse ChargesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Little Eagle, South Dakota man has been indicted by a federal grand jury for Aggravated Sexual Abuse by Force and Attempted Aggravated Sexual Abuse by Force.
Ronnie Fire Cloud, age 37, was indicted by a federal grand jury on December 11, 2012. He appeared before U.S. Magistrate Judge William D. Gerdes on January 31, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction on each count is any term of years or 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 Fire Cloud 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. Fire Cloud was released on bond pending trial. A trial date has not yet been set.
Hot Springs Man Pleads Guilty to Using Counterfeit MoneyRead the Press Release
United States Attorney Brendan V. Johnson announced that Jeffrey Walsh, age 35, of Hot Springs, South Dakota appeared before Chief U.S. District Judge Jeffrey L. Viken on January 28, 2013 and pled guilty to an indictment that charged him with Uttering Counterfeit Obligations of the United States. The maximum penalty upon conviction is 20 years of imprisonment and a $250,000 fine.
The charge relates to Walsh passing counterfeit twenty dollar bills at Rapid City stores Best Buy, Bed Bath & Beyond, Scheels All Sports, and Blockbuster in August 2012. The investigation was conducted by the United States Secret Service, Pennington County Sheriff's Office, Rapid City Police Department, South Dakota Division of Criminal Investigation, and the Chadron Police Department in Nebraska. 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 7, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Fort Thompson Man Charged with Firearm and Controlled Substance OffensesRead the Press Release
United States Attorney Brendan V. Johnson announced that a Fort Thompson, South Dakota man has been indicted by a federal grand jury for Felon in Possession of a Firearm, Possession with Intent to Distribute a Controlled Substance and Firearm Offense.
Samuel Redwater, age 22, was indicted on January 16, 2013. Redwater appeared before U.S. Magistrate Judge Mark A. Moreno on January 25, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 10 years of imprisonment, $250,000 fine, or both; 5 years of supervised release and an additional 3 years of supervised release upon revocation. Restitution and a $100 special assessment may also be ordered. The charges are merely accusations, and Redwater is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and Assistant United States Attorney Kathryn N. Rich is prosecuting the case. Redwater was remanded to the custody of the U.S. Marshals. A trial date has not been set.
Eagle Butte Man Charged with Possession with Intent to Distribute A Controlled SubstanceRead 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 Possession with Intent to Distribute a Controlled Substance.
Jason Garreau, age 26, was indicted by a federal grand jury on January 16, 2013. Garreau appeared before US Magistrate Judge Mark A. Moreno on January 25, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 20 years of imprisonment, $1,000,000 fine, or both; a mandatory period of supervised release of at least 3 years up to life and an additional 2 years of supervised release upon revocation. Restitution and a $100 special assessment may also be ordered. The charges are merely accusations, and Garreau is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case. Garreau was remanded to the custody of the U.S. Marshals. A trial date has not yet been set.
Colorado Man Sentenced for Failure to Pay Child SupportRead the Press Release
United States Attorney Brendan V. Johnson announced that Gary Hassell, age 48, of Colorado Springs, Colorado appeared before U.S. Magistrate Judge Mark A. Moreno and pled guilty to a Superseding Information that charged him with Failure to Pay Child Support Obligations. Hassell was convicted of that offense and sentenced on February 1, 2013 to probation. He is also to repay the outstanding child support in the amount of $18,452.63.
Hassell was indicted for Failure to Pay Legal Child Support by a federal grand jury on January 10, 2012. The charges stem from an incident occurring from on or about April 1, 1999, and continuing to the present. Hassell, while residing in a different state than his minor child, willfully and unlawfully failed to pay a past due child support obligation, as ordered by the Sixth Judicial Circuit, Lyman County, South Dakota. As of August 31, 2011, Hassell had an outstanding child support obligation in the amount of $18, 452.63.
The investigation was conducted by the Office of the Inspector General and Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Arizona Man Sentenced for Conspiracy to Distribute A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that an Arizona man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on January 29, 2013 by Chief U.S. District Judge Jeffrey L. Viken. Ronald Eugene Stocker, age 73, was sentenced to time served, 2 years' supervised release and a $100 special assessment to the Victim Assistance Fund.
The charge relates to Stocker conspiring with another person to distribute 50 grams or more of methamphetamine in the District of South Dakota and elsewhere in 2011 and 2012. Stocker pleaded guilty to the charge on September 6, 2012.
This case was investigated by the Drug Enforcement Administration and the Unified Narcotics Enforcement Team. Assistant U.S. Attorney Ted L. McBride prosecuted the case.
Texas Man Charged with Mailing Threatening CommunicationsRead the Press Release
United States Attorney Brendan V. Johnson announced that a Texas man was indicted by a federal grand jury for Mailing Threatening Communications.
Carlos Kidd, age 33, was indicted in the United States District Court for the District of North Dakota on November 6, 2012, for mailing threatening letters to a federal judge in North Dakota. He appeared before U.S. Magistrate Judge Karen Klein in Bismarck, North Dakota on January 24, 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 Kidd is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Eric Kelderman is prosecuting the case. Kidd was remanded to the custody of the U.S. Marshal. A trial date has not been set.
Rapid City Women Charged with Concealing Person from Arrest and False StatementRead the Press Release
United States Attorney Brendan V. Johnson announced that two Rapid City women have been indicted by a federal grand jury for harboring a fugitive and lying to a federal law enforcement agent.
Tina LaDeaux, age 40, and Lori Brave, age 37, were indicted on January 23, 2013, for Concealing Person From Arrest and False Statement. LaDeaux and Brave appeared before U.S. Magistrate Judge Veronica L. Duffy on January 28, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 5 years' imprisonment and/or a $250,000 fine. The charges are merely an accusation and LaDeaux and Brave are presumed innocent until and unless proven guilty.
The investigation is being conducted by the United States Marshals Service. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case. LaDeaux and Brave were released on bond pending trial. A trial date has not been set.
Mobridge Woman Pleads Guilty to Charge of Escape from CustodyRead the Press Release
United States Attorney Brendan V. Johnson announced that Camille Touche, age 27, of Mobridge, South Dakota appeared before Chief U.S. District Judge Jeffrey L. Viken on January 28, 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 December 2012, Touche left Community Alternatives of the Black Hills without permission, where she was serving the remainder of a federal sentence. The investigation was conducted by the United States 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 7, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Martin Woman Pleads Guilty to Distribution of Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that Ashley Cottier, age 36, of Martin, South Dakota appeared before Chief U.S. District Judge Jeffrey L. Viken on January 28, 2013 and pled guilty to distribution of a controlled substance. The maximum penalty upon conviction is 20 years' imprisonment and/or a $1,000,000 fine.
On or about June 6, 2012, Cottier illegally distributed Fentanyl. This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, the Northern Plains Safe Trails Drug Enforcement Task Force, the Martin Police Department, and the South Dakota Division of Criminal Investigation. The case is being prosecuted by Special Assistant U.S. Attorney Laura A. Shattuck.
A presentence investigation was ordered and a sentencing date was set for May 7, 2013. The defendant was released on bond pending sentencing.
Martin Man Pleads Guilty to Distribution of Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that Ashley Cottier, age 36, of Martin, South Dakota appeared before Chief U.S. District Judge Jeffrey L. Viken on January 28, 2013 and pled guilty to distribution of a controlled substance. The maximum penalty upon conviction is 20 years' imprisonment and/or a $1,000,000 fine.
On or about June 6, 2012, Cottier illegally distributed Fentanyl. This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, the Northern Plains Safe Trails Drug Enforcement Task Force, the Martin Police Department, and the South Dakota Division of Criminal Investigation. The case is being prosecuted by Special Assistant U.S. Attorney Laura A. Shattuck.
A presentence investigation was ordered and a sentencing date was set for May 7, 2013. The defendant was released on bond pending sentencing.
Eagle Butte Woman Charged with Assault with Dangerous WeaponRead 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 two counts of Assault with a Dangerous Weapon.
Rae Jean Araujo Cota, a/k/a Rae Jean Slides Off, age 36, was indicted by a federal grand jury on January 16, 2013. She appeared before US Magistrate Judge Mark A. Moreno on January 30, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 10 years of custody; a $250,000 fine, or both; 3 years of supervised release; a $100 special assessment; and restitution.
The charges relate to two alleged assaults of the same victim that occurred in Eagle Butte in November and December of 2012. One assault involved a knife, and the other a frying pan. The charges are merely accusations, and Araujo Cota 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. Araujo Cota was remanded to the custody of the US Marshal. A trial date has been set for April 2, 2013.
Rosebud Man Charged with AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota man has been indicted by a federal grand jury for Assault with Intent to Commit Murder, Assault Resulting in Serious Bodily Injury, Assault with a Dangerous Weapon, Assault by Habitual Offender and Child Abuse.
Michael O’Rourke, age 27, was indicted by a federal grand jury on January 16, 2013. He appeared before United States Magistrate Judge Mark A. Moreno on January 25, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is up to 20 years’ in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 Special Assessment. Restitution may also be ordered.
The charges are merely accusations and O’Rourke is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant United States Attorney Marie H. Ruettgers is prosecuting the case.
O’Rourke was released to a third party custodian pending trial. A trial date has not been set.
Presho Man Charged with Unlawful Taking of Bald and Golden Eagles and Migratory Birds and Lacey Act ViolationsRead the Press Release
United States Attorney Brendan V. Johnson announced that a Presho, South Dakota man has been indicted by a federal grand jury. Jeffery Jessop, age 50, was indicted by a federal grand jury on January 16, 2013 for Unlawful Taking of Bald and Golden Eagles and Migratory Birds and Lacey Act Violations.
Jessop appeared before US Magistrate Judge Mark A. Moreno on January 29, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 2 years of imprisonment, $250,000 fine, or both; 1 year of supervised release and 1 additional year of supervised release upon revocation. Restitution and a $100 special assessment may also be ordered. The charges are merely accusations, and Jessop is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Fish and Wildlife Service and Assistant United States Attorney Meghan N. Dilges is prosecuting the case. Jessop was released on bond pending trial. A trial date has not yet been set.
Lake Andes Man Pleads Guilty to Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that Albert Fischer, age 22, of Lake Andes, South Dakota appeared before United States District Judge Karen E. Schreier on January 28, 2013 and pled guilty to assault resulting in serious bodily injury. The maximum penalty upon conviction is 10 years' imprisonment and a $250,000 fine.
Fischer assaulted a man in July of 2012 wherein the victim's jaw was broken. The investigation was conducted by the Bureau of Indian Affairs Law Enforcement Services - Yankton Reservation, and the FBI. The case is being prosecuted by Assistant US Attorney Thomas J. Wright.
A presentence investigation was ordered and a sentencing date was set for April 22, 2013. The defendant was remanded to the custody of the US Marshal pending sentencing.
Eagle Butte Man Charged with Distribution of A Controlled SubstanceRead 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. Philip LaBatte, age 24, 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.
LaBatte appeared before US Magistrate Judge Mark A. Moreno on January 29, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 10 years of imprisonment, $250,000 fine, or both; 4 years of supervised release and 2 additional years of supervised release upon revocation. Restitution and a $100 special assessment may also be ordered. The charges are merely accusations, and LaBatte is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe and the Drug Enforcement Task Force. Assistant United States Attorney Kathryn N. Rich is prosecuting the case. LaBatte was remanded to the custody of the US Marshal. A trial date has not yet been set.
Arizona Man Sentenced in Methamphetamine CaseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Scottsdale, Arizona man was sentenced on January 28, 2013 by United States District Judge Karen E. Schreier.
David Scott Wright, age 49, was indicted by a federal grand jury on May 1, 2012 for conspiracy to distribute 50 grams or more of a mixture containing methamphetamine. He pled guilty to the offense on November 6, 2012. He was sentenced to 37 months in custody to be followed by 4 years of supervised release.
Wright was part of a group of people who agreed to distribute methamphetamine in South Dakota and elsewhere. Between August 2011 and January 2012, Wright distributed methamphetamine to co-conspirators who had traveled to Arizona and then returned to South Dakota to distribute the drug.
This case was investigated by the SD Division of Criminal Investigation and the US Drug Enforcement Administration. Assistant US Attorney John E. Haak prosecuted the case.
Wright was immediately turned over to the custody of the US Marshal.
Sioux Falls Man Indicted for Wire FraudRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sioux Falls man has been indicted by a federal grand jury for Wire Fraud.
Terry Stimpert, age 37, was indicted by a federal grand jury on December 4, 2012 for Wire Fraud. He appeared before US Magistrate Judge John E. Simko on January 24, 2013, and pled not guilty to the indictment. The maximum penalty upon conviction is 20 years imprisonment and/or a $250,000 fine. The charge is merely an accusation and Stimpert is presumed innocent until and unless proven guilty.
The investigation is being conducted by the FBI. Assistant United States Attorney Jeffrey C. Clapper is prosecuting the case. Stimpert was released on bond pending trial.
Rosebud Man Sentenced for Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota man convicted of Failure to Register as a Sex Offender was sentenced on January 23, 2013 by United States District Judge Roberto A. Lange. Darrell Bear Robe, age 23, was sentenced to 15 months in custody, 5 years of supervised release, and a $100 special assessment to the Victim Assistance Fund.
Bear Robe was indicted by a federal grand jury on July 18, 2012 and pled guilty to the charge on October 29, 2012.
On April 13, 2009 Darrell Bear Robe was convicted of Abusive Sexual Contact. The Court sentenced Bear Robe to 24 months in custody and five years of supervised release and also ordered that he register as a sex offender. Bear Robe began his term of supervised release on July 12, 2010 and absconded from supervised release on June 15, 2011. During the time he absconded from supervised release until he was apprehended in Oregon on May 9, 2012, Bear Robe failed to complete his bi-annual sex offender registration requirement.
The investigation was conducted by the United States Marshal Service. The case was prosecuted by Assistant United States Attorney Marie H. Ruettgers.
Bear Robe was remanded to the custody of the United States Marshal.
Rapid City Woman Charged with Concealing Person from ArrestRead 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 Concealing Person From Arrest. Megan Crazy Thunder, age 24, was indicted on January 16, 2013.
She appeared before United States Magistrate Judge Mark A. Moreno on January 23, 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 Crazy Thunder is presumed innocent until and unless proven guilty.
The investigation is being conducted by the United States Marshal Service. Assistant United States Attorney Marie H. Ruettgers is prosecuting the case.
Crazy Thunder was released on bond pending trial. A trial date has not been set.
Parmelee Woman Charged with Involuntary ManslaughterRead the Press Release
United States Attorney Brendan V. Johnson announced that a Parmelee, South Dakota woman has been indicted by a federal grand jury for Involuntary Manslaughter.
Kamelia Ione No Moccasin, age 28, was indicted by a federal grand jury on January 16, 2013. She appeared before United States Magistrate Judge Mark A. Moreno on January 24, 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 No Moccasin 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 United States Attorney Marie H. Ruettgers is prosecuting the case.
No Moccasin was released on bond pending trial. A trial date has not been set.
Fort Thompson Man Sentenced for Assaulting A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that Dwight Rank, age 25, of Fort Thompson, South Dakota appeared before US Magistrate Mark A. Moreno on January 24, 2013 and pled guilty to the Superseding Information that charged him with Assaulting a Federal Officer. The maximum penalty upon conviction is 1 year of imprisonment, $100,000 fine, or both; 1 year of supervised release and 1 additional year of supervised release upon revocation; $25.00 to the Victim Assistance Fund. Restitution may also be imposed.
On January 7, 2012 Rank was driving erratically and was observed by a BIA officer crossing the center line twice and the right fog line twice. The officer activated his emergency lights and siren and attempted to make a traffic stop. Rank stopped his vehicle in the middle of BIA Road 5 and then accelerated and began to drive away. Rank made a U-turn and struck the officer's vehicle before fleeing the scene.
The investigation was conducted by the Federal Bureau of Investigation and Assistant United States Attorney Meghan N. Dilges is prosecuting the case. Rank was released on bond pending sentencing on April 3, 2013.