District of South Dakota
Press releases recorded for this federal judicial district.
Sioux Falls Man Sentenced in Passport Fraud CaseRead the Press Release
US Attorney Brendan V. Johnson announced that a Sioux Falls man charged with passport fraud and misuse of a Social Security number was sentenced on January 4, 2013, by US District Judge Karen E. Schreier. Mark Steven Shepard, a/k/a Kellynn Daleigh Kennedy, a/k/a Kellynn Dalemay Kennedy, a/k/a Mark Oliver Gallaher, age 56, was sentenced to 12 months custody and one year of supervised release on each count, to be served concurrently.
On October 3, 2011, Shepard applied for and received a South Dakota driver's license in the name of Kellynn Daleigh Kennedy, using a United States passport in that name as proof of his identity. He had obtained that passport by fraudulently claiming the Social Security number of another person as his own.
The investigation was conducted by the Department of State - Diplomatic Security Service, the Department of Homeland Security - Document Benefit Task Force of Minneapolis, MN, and the Social Security Administration. Assistant US Attorney Connie Larson prosecuted the case.
Shepard was immediately turned over to the custody of the US Marshal.
Rosebud Man Pleads Guilty to Abusive Sexual ContactRead the Press Release
United States Attorney Brendan V. Johnson announced that Benjamin George Murphy, age 65, of Rosebud, South Dakota, appeared before United States District Judge Roberto A. Lange on January 9, 2013, and pled guilty to Abusive Sexual Contact. The maximum penalty upon conviction is 20 years in custody, a $250,000 fine, or both.
The conviction stems from an incident that took place between December 1, 1999, and December 15, 1999, when Murphy had sexual contact with a minor.
The investigation was conducted by the Federal Bureau of Investigation and Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant United States Attorney Tim Maher.
Murphy must report to the custody of the United States Marshal on February 1, 2013.
Mission Woman Pleads Guilty to AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that Dadra Raye Connors, age 35, of Mission, appeared before United States District Judge Roberto A. Lange on January 9, 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.
The conviction stems from an incident that took place on May 20, 2012, when Connors drove her truck at the victim as he was walking across a gravel road. The victim dove into the ditch to avoid being hit. During the process, a second victim fell out or was ejected from the cargo area of Connors' truck and was injured.
The investigation was conducted by Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant United States Attorney Tim Maher.
Connors was remanded to the custody of the United States Marshal.
Fort Thompson Woman Sentenced for Involuntary ManslaughterRead the Press Release
US Attorney Brendan V. Johnson announced that a Fort Thompson, South Dakota, woman convicted of Involuntary Manslaughter was sentenced on January 7, 2013, by US District Judge Roberto A. Lange. Leigha Koster, age 20, was sentenced to 33 months of imprisonment, 2 years of supervised release, $100 to the Victim Assistance Fund, and $16,995.18 in restitution.
Koster was indicted for Involuntary Manslaughter and Child Abuse by a federal grand jury on August 14, 2012. The charges stem from an incident on July 28, 2012, when Koster was driving while under the influence of alcohol with her boyfriend in the passenger seat. Koster was stopped for a traffic stop. While the officer was reviewing the license plate on the vehicle, Koster took off. A high speed chase, in excess of 100 miles per hour, ensued. While attempting to make a turn, she lost control of the vehicle, causing it to roll and crash. Her boyfriend was ejected and died at the scene.
The investigation was conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs. Assistant US Attorney Meghan N. Dilges prosecuted the case.
Koster was immediately turned over to the custody of the US Marshal.
Eagle Butte Man Sentenced for AssaultRead the Press Release
US Attorney Brendan V. Johnson announced that an Eagle Butte man charged with Assaulting, Resisting or Impeding a Federal Officer was sentenced on January 8, 2013, by US District Judge Roberto A. Lange. Matthew Dupris, age 24, was sentenced to 13 months in custody, 2 years of supervised release, and a $100 assessment to the Victim Assistance Fund.
Dupris was indicted for the above charge by a federal grand jury on June 12, 2012. The charge stems from an incident occurring on March 8, 2012, in which Dupris assaulted a federal officer after being detained on suspicion of driving under the influence. Dupris was placed under arrest after failing the sobriety tests. At the detention facility, Dupris swung at an officer, hitting him in the face with his fists. The officer suffered a concussion as a result of the assault.
The investigation was conducted by Cheyenne River Sioux Tribal Law Enforcement Services, and Assistant United States Attorney Kathryn N. Rich prosecuted the case.
Dupris was immediately turned over to the custody of the US Marshal.
Bismarck Man Sentenced on Assault ChargesRead the Press Release
U.S. Attorney Brendan V. Johnson announced that a Bismarck, North Dakota, man convicted of Simple Assault and Assault by Striking, Beating or Wounding was sentenced on January 8, 2013, by U.S. Magistrate Judge Mark A. Moreno. Harlan J. Fisher, age 44, was sentenced to 12 months in custody and a $20 special assessment.
Fisher was indicted by a federal grand jury on June 12, 2012. He pled guilty to a superseding information on January 8, 2013. The conviction stems from an incident on June 2, 2012, when Fisher unlawfully assaulted the victim by striking the victim in the mouth and also on top of her head, causing injury.
This case was investigated by Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Troy Morley prosecuted the case.
Fisher was immediately turned over to the custody of the U.S. Marshal.
Pine Ridge Man Guilty of Sexually Abusing A MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that Benjamin Leonard, age 57, of Pine Ridge, appeared before U.S. Magistrate Judge Veronica L. Duffy on December 21, 2012, and pled guilty to Sexual Abuse of a Minor. The Magistrate Judge is expected to recommend Leonard’s plea be accepted by the District Court. The maximum penalty upon conviction is 15 years' imprisonment and/or a $250,000 fine.
Between June and August 2010, near Pine Ridge, Leonard engaged in a sexual act with a child under the age of 16. The investigation was conducted by the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Sarah B. Collins.
A presentence investigation was ordered, and a sentencing date was set for April 2, 2013. The defendant was remanded to the custody of the United States Marshal pending acceptance of this plea and sentencing.
Nebraska Man Sentenced for Taking Waterfowl Without A Proper LicenseRead the Press Release
US Attorney Brendan V. Johnson announced that a Nebraska man convicted of the Unlawful Taking of Migratory Waterfowl was sentenced on January 4, 2013, by US District Judge Charles B. Kornmann. Jeremy Hoefs, age 30, was sentenced to 5 years of probation, $4,700 restitution to the United States Fish and Wildlife Service, a $500 fine, and a $25 special assessment.
Hoefs was indicted for Conspiracy to Violate the Lacey Act, Failure to Lawfully Tag Migratory birds, and the Sale and Possession of Wildlife in Violation of Migratory Bird Act by a federal grand jury in April 2012. He pled guilty to a superseding information charging him with Aiding and Abetting the Unlawful Taking of Waterfowl Without Proper Licenses on January 4, 2013.
The conviction stems from an incident that occurred in the fall of 2009 in Marshall County when Hoefs, while employed as a guide for Windy Hill Outfitters, aided and abetted the unlawful taking of ducks by hunters who did not have valid hunting licenses.
The investigation was conducted by the U.S. Fish & Wildlife Service. Assistant US Attorney Mikal Hanson prosecuted the case.
Montana Man Sentenced for Failure to Pay Legal Child SupportRead the Press Release
US Attorney Brendan V. Johnson announced that a Browning, Montana, man charged with Failure to Pay Legal Child Support was sentenced on January 3, 2013, by US District Judge Charles B. Kornmann. Timothy L. Black Weasel, age 28, was sentenced to 3 years of unsupervised probation, a $100 special assessment to the Victim Assistance Fund, and child support restitution in the amount of $15,718.21.
Black Weasel was indicted for failing to pay over $18,000 in past due child support by a federal grand jury on April 4, 2012. He was ordered by the Rosebud Sioux Tribal Court to pay $200 per month for his minor child commencing May 1, 2004. Said support was subsequently modified to $391 commencing July 1, 2008. At the time of indictment, he had not made a child support payment since November of 2010, and the total arrearage amount was $18,516.65. Black Weasel pled guilty to the charge on January 3, 2013.
This case was investigated the Department of Health and Human Services, Office of Inspector General. Assistant US Attorney Thomas J. Wright prosecuted the case.
Mission Man Sentenced for Aggravated Sexual AbuseRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of Aggravated Sexual Abuse was sentenced on January 8, 2013, by United States District Judge Roberto A. Lange. Justin Beardt, age 30, was sentenced to 11 years in custody, 5 years supervised release, $320 in restitution, and a $100 special assessment to the Victim Assistance Fund.
The conviction stems from an incident that took place on January 23, 2011, when Beardt sexually abused the victim by force.
The investigation was conducted by the Federal Bureau of Investigation and Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant United States Attorney Tim Maher.
Beardt was remanded to the custody of the United States Marshal.
Mission Man Guilty of Domestic Assault by Habitual OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that Willard Lynn Dorian, Jr., age 36, of Mission, South Dakota, appeared before United States District Judge Roberto A. Lange on January 8, 2013, and pled guilty to Domestic Assault by Habitual Offender. The maximum penalty upon conviction is 5 years in custody, a $250,000 fine, or both.
The conviction stems from an incident that took place on July 3, 2011, when Dorian assaulted his domestic partner causing her bodily injury.
The investigation was conducted by Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant United States Attorney Marie H. Ruettgers.
Dorian was remanded to the custody of the United States Marshal.
Michigan Man Sentenced for Failure to Pay Legal Child SupportRead the Press Release
US Attorney Brendan V. Johnson announced that a Monroe, Michigan, man charged with Failure to Pay Legal Child Support was sentenced on January 4, 2013, by US District Judge Charles B. Kornmann. Stephen J. Peterson, age 35, was sentenced to 2 years of unsupervised probation, a $100 special assessment to the Victim Assistance Fund, and child support restitution in the amount of $16,494.92.
Peterson was indicted for failing to pay over $13,000 in past due child support by a federal grand jury on October 4, 2011. Peterson was ordered by the Seventh Judicial Circuit Court, Pennington County, South Dakota, to pay $189 per month for his minor child commencing May 1, 2000. The support was modified and is currently $208 per month. At the time of indictment, he had not made a child support payment since July of 2009, and the total arrearage amount was $13,582.92. Peterson pled guilty to the charge on October 15, 2012.
This case was investigated the Department of Health and Human Services, Office of Inspector General. Assistant US Attorney Thomas J. Wright prosecuted the case.
McLaughlin Man Sentenced on Drug ChargeRead the Press Release
U.S. Attorney Brendan V. Johnson announced that a McLaughlin man convicted of one count of Conspiracy to Distribute and Possess With Intent to Distribute a Controlled Substance and one count of Assault With a Dangerous Weapon was sentenced on January 4, 2013, by U.S. District Judge Charles B. Kornmann. Nathan Martin, age 30, was sentenced to 109 months in custody, 3 years of supervised release, and a $200 special assessment.
Martin was indicted by a federal grand jury in February 2012. He pled guilty to two counts of a superseding indictment in October of 2012.
The conviction stems from Martin knowingly and intentionally conspiring to distribute and possess a mixture or substance containing methamphetamine, a Schedule II controlled substance in 2011, and aiding and abetting a co-defendant who kicked a victim with shod feet and forced a firearm into the victim’s mouth.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Jay Miller prosecuted the case.
Martin was immediately turned over to the custody of the U.S. Marshal.
McLaughlin Man Sentenced for Domestic AssaultRead the Press Release
US Attorney Brendan V. Johnson announced that a McLaughlin man was convicted of one count of Assault by Striking, Beating and Wounding and one count of Simple Assault and on January 3, 2013, was sentenced by US District Judge Charles B. Kornmann. Kevin Fischer, age 43, was sentenced to 3 years of probation on each count to run concurrently, a $3,000 fine, and a $10 special assessment on each count.
Fischer was indicted for three counts of Assault with a Dangerous Weapon by a federal grand jury on March 22, 2012. He pled guilty to a Superseding Information charging him with one count of Assault by Striking, Beating and Wounding and one count of Simple Assault on September 17, 2012.
The convictions arose from an incident that occurred in March 2012 when Fischer assaulted two different victims in McLaughlin, South Dakota.
The investigation was conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant US Attorney Mikal Hanson prosecuted the case.
Lower Brule Man Pleads Guilty to AssaultRead the Press Release
US Attorney Brendan V. Johnson announced that Earl LaRoche, age 53, of Lower Brule, appeared before US District Judge Roberto A. Lange on January 7, 2013, and pled guilty to 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.
The charge stems from an incident on October 9, 2011, when LaRoche unlawfully assaulted the victim by biting off a portion of her ear, requiring 25 stitches and resulting in permanent disfigurement.
The investigation was conducted by the Federal Bureau of Investigation, and Assistant US Attorney Meghan N. Dilges is prosecuting the case. LaRoche was released on bond pending sentencing. A sentencing date has been set for March 25, 2013.
Little Eagle Man Sentenced for Domestic Assault by Habitual OffenderRead the Press Release
US Attorney Brendan V. Johnson announced that a Little Eagle man convicted of Domestic Assault by Habitual Offender was sentenced on January 4, 2013, by US District Judge Charles B. Kornmann. Arthur Taken Alive, age 45, was sentenced to 18 months in custody, 4 years of supervised release, $1,987.04 in restitution, and a $100 special assessment.
Taken Alive was indicted for Assault Resulting in Serious Bodily Injury and Domestic Assault by Habitual Offender on August 22, 2011. He pled guilty to Domestic Assault by Habitual Offender on August 13, 2012.
The conviction arose from a May 2011 incident in which Taken Alive assaulted a male victim by striking the victim in the face with his fist. Prior to this incident, Taken Alive had been convicted, at least twice, in tribal court for domestic violence.
The investigation was conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant US Attorney Mikal Hanson prosecuted the case.
Taken Alive was remanded to the custody of the United States Marshal to begin serving his sentence.
Guilty Verdicts Reinstated in Sex Trafficking CasesRead the Press Release
United States Attorney Brendan V. Johnson announced that the United States Eighth Circuit Court of Appeals has reinstated the convictions of two men previously acquitted of Commercial Sex Trafficking. The Court reinstated the convictions of Daron Jungers, age, 42, of Sioux City, Iowa, and Ronald Bonestroo, age 59, of Sioux Falls, and has ordered the district court to proceed with sentencing.
In February 2011, Jungers and Bonestroo were both charged in separate indictments with Commercial Sex Trafficking after answering on-line advertisements posted by undercover police officers. Jungers arranged to pay for sex with what he believed to be an 11-year-old girl in Sioux Falls and was arrested after he arrived at the undercover location. Bonestroo arranged to pay for sex with what he believed would be two 14-year-old girls in Sioux Falls and was arrested after he arrived at the undercover location. Homeland Security Investigations, along with the South Dakota Internet Crimes Against Children Task Force, conducted the on-line undercover operation, known as “Operation Crossing Guard,” to identify persons who attempt to purchase sex acts with children.
In October of 2011, Jungers was convicted by a federal jury in Sioux Falls and faced a minimum sentence of 15 years’ incarceration and a maximum of life imprisonment.
In November of 2011, Bonestroo was convicted by a federal jury in Sioux Falls and faced a minimum sentence of 10 years’ incarceration and a maximum of life imprisonment.
Two United States District Judges granted the men’s motions for judgment of acquittal after concluding the federal sex trafficking statute applied only to suppliers of commercial sex acts, not consumers. Jungers was acquitted in December 2011, and Bonestroo was acquitted in January 2012.
The January 7, 2013, reversal by the Eighth Circuit Court of Appeals marks the first holding on the issue by any federal court of appeals. It was determined that the statute does apply to both suppliers and consumers of commercial sex acts, and evidence in both cases showed the defendants were guilty of violating the statute.
"Sex trafficking of children is reprehensible, and whoever is involved in the process, whether it be the supplier or consumer, should be held accountable for their actions and prosecuted to the fullest extent of the law. The decision by the Eighth Circuit Court of Appeals confirms that. The decision provides my office additional tools to prosecute those who prey upon these victims of commercial sex trafficking,” said Johnson.
The cases were originally prosecuted by Assistant United States Attorney Jeff Clapper. Assistant United States Attorney Mark Salter wrote the United States’ appellate briefs, and United States Attorney Brendan Johnson argued the case on appeal.
Winner Man Sentenced on Assault and Firearm ChargesRead the Press Release
U.S. Attorney Brendan V. Johnson announced that a Winner man convicted of one count of Assault With a Dangerous Weapon and one count of Brandishing a Firearm During, in Relation to, or in Furtherance of a Crime of Violence or Drug Trafficking Crime was sentenced on January 4, 2013, by U.S. District Judge Charles B. Kornmann. Anthony Brown Otter, age 25, was sentenced to 125 months in custody, 3 years of supervised release, and a $200 special assessment.
Brown Otter was indicted by a federal grand jury in June 2012. He pled guilty to two counts of a superseding indictment in September 2012.
The conviction stems from an incident in December 2011 when Brown Otter and another kicked an individual a combined total of approximately 20 times with shod feet. At the time of the incident, Brown Otter had a handgun in his possession.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Jay Miller prosecuted the case.
Brown Otter was immediately turned over to the custody of the U.S. Marshal.
Waubay Man Sentenced for Wildlife ViolationsRead the Press Release
United States Attorney Brendan V. Johnson announced that a Waubay, South Dakota, man convicted of Unlawful Possession of Migratory Birds, Unlawful Possession of Endangered Species, and Unlawful Taxidermy Services, was sentenced on January 3, 2013, by United States District Judge Charles B. Kornmann. Kevin Jorgenson, age 54, was sentenced to 2 years of probation with 8 months of home confinement, $15,000 in restitution, and a $45 assessment to the Victim Assistance Fund.
Jorgenson was charged with the above offenses on April 23, 2012, and pled guilty on August 24, 2012.
Between 2007 and 2011, in Day County, Jorgenson received and possessed 535 migratory birds, as well as a Western Great Lakes Gray Wolf, for taxidermy purposes. None of the items were properly tagged as required by both federal and state law. At the time, Jorgenson did not have the proper taxidermy licenses.
The investigation was conducted by the United States Fish and Wildlife Service and South Dakota Game Fish and Parks. The case was prosecuted by Assistant United States Attorney Meghan N. Dilges.
Jorgenson was released.
Wakpala Man Sentenced for Sexually Assaulting A MinorRead the Press Release
US Attorney Brendan V. Johnson announced that a Wakpala man, convicted of Sexual Assault of a Minor, was sentenced on January 3, 2013, by US District Judge Charles B. Kornmann. Tyrel DeMarrias, a/k/a Tyrell DeMarrias, age 25, was sentenced to 12 months and 1 day in custody, 5 years of supervised release, and a $100 special assessment.
DeMarrias was indicted for Sexual Assault of a Minor, Sexual Abuse, and Aggravated Sexual Assault by Force on February 14, 2012. He pled guilty to Sexual Assault of a Minor on October 16, 2012. The conviction arose from an incident in Wakpala, South Dakota, in September of 2011.
The investigation was conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant US Attorney Mikal Hanson prosecuted the case.
DeMarrias was remanded to the custody of the United States Marshal to begin serving his sentence.
Wakpala Man Pleads Guilty to Drug ChargeRead the Press Release
U.S. Attorney Brendan V. Johnson announced that Dustin Swimmer, age 26, of Wakpala, appeared before U.S. District Judge Charles B. Kornmann on January 3, 2013, and pled guilty to a superseding information that charged him with Conspiracy to Distribute and Possess With Intent to Distribute a Controlled Substance. The maximum penalty upon conviction is 20 years' imprisonment, a $1,000,000 fine, or both, and a period of supervised release of 3 years.
The conviction stems from Swimmer knowingly and intentionally conspiring to distribute and possess a mixture or substance containing methamphetamine, a Schedule II controlled substance, in 2011.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. The case is being prosecuted by Assistant U.S. Attorney Jay Miller.
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.
Rosebud Man Sentenced for AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud man convicted of Assault Resulting in Serious Bodily Injury was sentenced on January 7, 2013, by United States District Judge Roberto A. Lange. Vinney Farmer, age 25, was sentenced to 33 months in custody, 2 years of supervised release, $2,691.66 in restitution, and a $100 special assessment to the Victim Assistance Fund.
The conviction stems from an incident that took place on February 21, 2012, when Farmer picked up the victim, a child, up under her armpits, brought her up to his eye level, and threw her straight down to the floor. The victim suffered two broken femurs.
The investigation was conducted by the Federal Bureau of Investigation and Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant United States Attorney Marie H. Ruettgers.
Farmer was remanded to the custody of the United States Marshal.
Mobridge Woman Sentenced on Drug ChargeRead the Press Release
U.S. Attorney Brendan V. Johnson announced that a Mobridge woman convicted of Conspiracy to Distribute and Possess With Intent to Distribute a Controlled Substance was sentenced on January 4, 2013, by U.S. District Judge Charles B. Kornmann. Amber Long Chase, age 32, was sentenced to 105 months in custody, 6 years of supervised release, and a $100 special assessment.
Long Chase was indicted by a federal grand jury in February 2012. She pled guilty to one count of a superseding information in September 2012.
The conviction stems from Long Chase knowingly and intentionally conspiring to distribute and possess a mixture or substance containing methamphetamine, a Schedule II controlled substance, in 2011.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Jay Miller prosecuted the case.Long Chase was immediately turned over to the custody of the U.S. Marshal.
Batesland Man Sentenced for Assaulting A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a Batesland man convicted of Assault on a Federal Officer was sentenced on December 11, 2012, by U.S. District Judge Jeffrey L. Viken. William Morrisette, age 23, was sentenced to 12 months and 1 day of imprisonment and 2 years of supervised release and ordered to pay $100 to the Victim Assistance Fund.
In January 2012, during a traffic stop near Pine Ridge, Morrisette threw cocaine in the face of a tribal police officer who had pulled him over. Morrisette pled guilty on June 19, 2012.
This case was investigated 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 prosecuted the case.
Rapid City Man Convicted of Assaulting A Park RangerRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City man convicted of Assault on a Federal Officer was sentenced on January 3, 2013, by U.S. Magistrate Judge Veronica L. Duffy. Cody Gallagher, age 25, was sentenced to 2 years’ probation with 4 months in home confinement and
ordered to pay $25 to the victims’ assistance fund.In July 2012, at Horsethief Lake Campground, Gallagher assaulted a park ranger who was attempting to make Gallagher vacate the area. He pleaded guilty on October 10, 2012.
This case was investigated by the Pennington County Sheriff's Office and the National park Service. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Pine Ridge Woman Sentenced for AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Pine Ridge woman convicted of Assault by Striking, Beating, or Wounding was sentenced on January 3, 2013, by U.S. Magistrate Judge Veronica L. Duffy. Matilda Iron Teeth, a/k/a Matilda Red Shirt, a/k/a Tilly, age 55, was sentenced to 6 months’ imprisonment and ordered to pay $10 to the victims’ assistance fund.
In February 2012, Iron Teeth assaulted a man during an argument. She pled guilty on October 11, 2012.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Iron Teeth was immediately turned over to the custody of the U.S. Marshal.
McLaughlin Man Sentenced on Assault ChargeRead the Press Release
U.S. Attorney Brendan V. Johnson announced that a McLaughlin man charged with Assault With a Dangerous Weapon was sentenced on January 4, 2013, by U.S. District Judge Charles B. Kornmann. Rodney Lyman Reeds, age 44, was sentenced to 41 months in custody, 3 years of supervised release, and a $100 special assessment.
Reeds was indicted by a federal grand jury in May of 2012. On October 1, 2012, he pled guilty to Count II of the Indictment charging Assault With a Dangerous Weapon.
The conviction stems from an incident in McLaughlin where Reeds used a knife to assault the victim. As a result of the assault, the victim sustained a puncture wound to his neck which required stitches.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy Morley prosecuted the case.
Reeds was immediately turned over to the custody of the U.S. Marshal.
McLaughlin Man Sentenced on Assault ChargeRead the Press Release
U.S. Attorney Brendan V. Johnson announced that a McLaughlin man charged with Assault With a Dangerous Weapon was sentenced on January 3, 2013, by U.S. District Judge Charles B. Kornmann. Roland Joseph Thundershield, age 39, was sentenced to 37 months in custody, 3 years of supervised release, and a $100 special assessment.
Thundershield was indicted by a federal grand jury in May 2012. He pled guilty to the indictment in October 2012. The conviction stems from an incident in January 2011 when Thundershield assaulted the victim with a box cutter.
The investigation was conducted by the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Troy Morley.
Thundershield was immediately turned over to the custody of the U.S. Marshal.
McLaughlin Man Pleads Guilty to Involuntary ManslaughterRead the Press Release
U.S. Attorney Brendan V. Johnson announced that Jody Charles Red Bird, age 33, of McLaughlin, appeared before U.S. District Judge Charles B. Kornmann on January 2, 2013, and pled guilty to an indictment that charged him with Involuntary Manslaughter. The maximum penalty upon conviction is
8 years' imprisonment, a $250,000 fine, or both, and a period of supervised release of 3 years.The conviction stems from an incident on June 12, 2012, when Red Bird and others were drinking alcohol in Timber Lake, while waiting for work to be done on a vehicle. Following completion of the maintenance, Red Bird and others traveled from Timber Lake to Little Eagle, and eventually decided to drive to McLaughlin. Red Bird was driving the vehicle, and while en route to McLaughlin, he lost control of the vehicle and slid into the ditch abutting the opposing lane of traffic. The vehicle rolled several times, and both Red Bird and the victim were ejected. As a result of the injuries sustained in the accident, the victim died. At the time of the accident, Red Bird had a blood alcohol concentration over three times the legal limit.
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 April 15, 2013. Red Bird was remanded to the custody of the U.S. Marshal pending sentencing.
McLaughlin Man Pleads Guilty to Felon in Possession ChargeRead the Press Release
U.S. Attorney Brendan V. Johnson announced that Jess Porras, age 52, of McLaughlin, appeared before U.S. District Judge Charles B. Kornmann on January 2, 2013, and pled guilty to Count I of an Indictment that charged him with being a Felon In Possession of a Firearm. The maximum penalty upon
conviction is 10 years' imprisonment, a $250,000 fine or both, and a period of supervised release of 3 years.The conviction stems from an incident on December 29, 2011, when the Defendant, while acting as a guide on a deer hunt on tribal land, grabbed a gun from a hunter and shot a deer. The Defendant was previously prosecuted in 1994 and is a convicted felon.
The investigation was conducted by the U.S. Fish and Wildlife Service. 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 29, 2013. The defendant was released on bond pending sentencing.
Bullhead Man Pleads Guilty to Assault ChargeRead the Press Release
U.S. Attorney Brendan V. Johnson announced that Willard Paul Farrell, III, age 25, of Bullhead, appeared before U.S. District Judge Charles B. Kornmann on January 2, 2013, and pled guilty to one count of an indictment that charged him with Domestic Assault by an Habitual Offender, resulting in
substantial 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 January 15, 2011, when the victim was walking in McLaughlin. Farrell ran up to her, unprovoked, and assaulted her on a public street. Over the course of the assault, Farrell hit, shoved, and kneed the victim in the face, resulting in the victim receiving numerous scrapes and bruises, along with a fractured cheekbone. At the time of the incident, the victim had a restraining order in place preventing Farrell from having contact with, or harassing her.
Farrell has been found guilty on two or more separate prior occasions for offenses that would have been, if subject to federal jurisdiction, an assault against a spouse and intimate partner.
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 April 29, 2013. Farrell was remanded to the U.S. Marshal's Service pending sentencing.
US Attorney’s Office Collects over Six Million in Fiscal Year 2012Read the Press Release
US Attorney Brendan V. Johnson announced that the US Attorney’s Office in South Dakota collected over $6.3 million in Fiscal Year (FY) 2012 from civil and criminal actions. That amount reflects an increase of more than $2 million over FY 2011 collections.
Of the $6.3 million, over $5.8 million was recovered through criminal fines, restitution, and other assessments and penalties. Civil recoveries accounted for the other $503,289.
Nationwide, the U.S. Attorneys’ offices collected $13.1 billion in criminal and civil actions during FY 2012, more than doubling the $6.5 billion collected in FY 2011. The $13.1 billion represents more than six times the appropriated budget of the combined 94 offices for FY 2012.
“These collections become increasingly important in these times of fiscal uncertainty,” said Johnson. “I am grateful to our dedicated team of professionals who work tirelessly in their efforts to recover money for victims of federal crime and to safeguard the American public’s money.”
The majority of the money collected by the US Attorney’s Office is returned directly to the United States Treasury. However, restitution collected in criminal cases goes directly to compensate victims for their losses. Criminal fines and felony assessments are paid into the Department of Justice’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.