District of South Dakota
Press releases recorded for this federal judicial district.
Sisseton Man Federally Indicted for Sexual Abuse of Three ChildrenRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Sisseton, South Dakota, man has been indicted by a federal grand jury for aggravated sexual abuse of a child and abusive sexual contact.
Conrad Brown, a/k/a “Coon,” age 43, was indicted on July 6, 2022. He appeared before U.S. Magistrate Judge Mark A. Moreno on Thursday August 4, 2022, and pled not guilty to the Indictment.
The maximum term of imprisonment upon conviction for each count is up to life imprisonment and/or a $250,000 fine, five years and up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution and forfeiture may be ordered.
According to the Indictment, from approximately 2019 to late 2021, Brown engaged in sexual acts and contact with three children. All counts alleged that the abuse took place in Roberts County.
The charges are merely accusations and the defendant is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Sisseton-Wahpeton Oyate Sioux Tribe’s Law Enforcement and the FBI. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.
The defendant was detained pending further court proceedings. A trial date has been set for September 27, 2022.
Rapid City Man Sentenced to Federal Prison for Illegal Possession of FirearmRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Rapid City, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on July 29, 2022, by Judge Jeffrey L. Viken, U.S. District Court.
Nathaniel Jones, age 54, was sentenced to 30 months in federal prison, followed by three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Jones was indicted by a federal grand jury in 2021 and pleaded guilty on December 17, 2021. The conviction stems from Jones, who was previously convicted of a misdemeanor crime of domestic violence and is prohibited from possessing firearms, knowingly possessing a Taurus, model PTl11 G2c, 9xl9mm Luger caliber, semiautomatic pistol, which was found after Jones came into contact with law enforcement in August 2021 in Rapid City.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Jones was immediately remanded to the custody of the U.S. Marshals Service.
Newell Woman Sentenced to Federal Prison for Drug DistributionRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Newell, South Dakota, woman convicted of Distribution of a Controlled Substance was sentenced on August 4, 2022, by Judge Karen E. Schreier, U.S. District Court.
Kimberly Rich, age 56, was sentenced to six years and six months in federal prison, followed by five years of supervised release. Rich was also ordered to pay $170 restitution to the South Dakota Health Lab and a $100 special assessment to the Federal Crime Victims Fund.
Rich was indicted by a federal grand jury in February 2022 and pleaded guilty on May 13, 2022. The conviction stems from Rich knowingly and intentionally distributing a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, in January 2022.
The investigation was conducted by the South Dakota Division of Criminal Investigation and the Meade County Sheriff’s Office. Assistant U.S. Attorney Kelsey Blair prosecuted the case.
Rich was immediately remanded to the custody of the U.S. Marshals Service.
Bullhead Man Indicted for ArsonRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Bullhead, South Dakota, man has been indicted by a federal grand jury for Arson.
James Edward Little Eagle, age 58, was indicted on July 11, 2022. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 5, 2022, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in federal prison and/or a $250,000 fine, five years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on June 14, 2022, in Bullhead, Little Eagle willfully and maliciously set fire to and burned a dwelling.
The charge is merely an accusation and Little Eagle is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs – Office of Justice Services, Standing Rock Agency and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Little Eagle was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rapid City Man Sentenced to Federal Prison for Child Pornography ChargesRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Rapid City, South Dakota, man convicted of Receipt of Child Pornography and Possession of Child Pornography was sentenced on August 1, 2022, by Judge Jeffrey L. Viken, U.S. District Court.
Gray Allen Asmus, age 49, was sentenced to 12 years in federal prison, followed by 10 years supervised release for Receipt of Child Pornography and Possession of Child Pornography. The sentences are to run concurrently. Asmus was also ordered to pay $5,000 in restitution and a special assessment to the Federal Crime Victims Fund in the amount of $200.
Asmus was arrested and federally indicted following two Cybertips from the National Center of Missing and Exploited Children. Asmus was previously convicted of Possession of Child Pornography in 2016, and forensic examination of Asmus’ devices revealed multiple images of child pornography.
This case was investigated by the South Dakota Division of Criminal Investigation, Homeland Security Investigations, Rapid City Police Department, and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Asmus was immediately remanded to the custody of the U.S. Marshals Service.
Mission Man Sentenced for AssaultRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Mission, South Dakota, man convicted of Assault by Striking, Beating, and Wounding was sentenced on August 1, 2022, by U.S. Magistrate Judge Mark A. Moreno.
Talon Bettelyoun, Sr., age 31, was sentenced to 11 months in federal prison, followed by one year of supervised release, and ordered to pay a special assessment to the Federal Crime Victims Fund in the amount of $25.
Bettelyoun was indicted by a federal grand jury on March 8, 2022. He pled guilty on May 12, 2022.
The conviction stemmed from an incident that occurred on October 22, 2021, in Todd County, wherein Bettelyoun assaulted his domestic partner.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Bettelyoun was immediately remanded to the custody of the U.S. Marshals Service.
Kyle Man Charged with Multiple Counts of Sexual AbuseRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Kyle, South Dakota, man has been indicted by a federal grand jury for Abusive Sexual Contact, Aggravated Sexual Abuse of a Minor, Receipt of Child Pornography, and Possession of Child Pornography.
Joshua Sharp, age 37, was indicted in July of 2022. He appeared before U.S. Magistrate Judge Daneta Wollmann on July 29, 2022, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is life in federal prison and/or a $250,000 fine, lifetime supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges stem from Sharp sexually abusing two children less than 12 years old between August 2019 and December 2021 in Kyle. Sharp also received and possessed child pornography during this time. The charges are merely accusations and Sharp is presumed innocent until and unless proven guilty.
Sharp was detained pending trial. A trial date has been set for October 4, 2022.
Colorado Man Sentenced to Three Years in Federal Prison for Drug Trafficking ConspiracyRead the Press Release
United States Attorney Alison J. Ramsdell announced that an Aurora, Colorado, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on August 1, 2022, by U.S. District Judge Jeffrey L. Viken.
Ricardo Barragan, age 31, was sentenced to three years in federal prison, followed by three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Barragan was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury in January of 2022. He pleaded guilty on February 4, 2022. While involved in the conspiracy, Barragan distributed methamphetamine to others in the Rapid City, South Dakota, area for use and distribution.
This case was investigated by the Unified Narcotics Enforcement Team (UNET), Drug Enforcement Agency, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. UNET is comprised of law enforcement from the Pennington County Sheriff’s Office, Rapid City Police Department, South Dakota Division of Criminal Investigation, South Dakota National Guard, and the South Dakota Highway Patrol. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Barragan was immediately returned to the custody of the U.S. Marshals Service.
California Man Sentenced to 10 Years in Federal Prison for Drug Trafficking ConspiracyRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Fair Oaks, California, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on July 11, 2022, by U.S. District Judge Jeffrey L. Viken.
Michael Alberti, age 49, was sentenced to 10 years in federal prison, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Alberti was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury in March of 2021. He pleaded guilty on February 23, 2022. During his involvement in the conspiracy, the defendant sent methamphetamine from California to South Dakota through the U.S. Postal Service. He received money for the methamphetamine via money wires and cash. Once it arrived in South Dakota, the methamphetamine was then dispersed to others for use and further distribution.
This case was investigated by the U.S. Postal Inspector Service and the Drug Enforcement Agency. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Alberti was immediately returned to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced to 10 Years for Sex Trafficking of a ChildRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Sioux Falls, South Dakota, man convicted of Sex Trafficking of a Child was sentenced on July 27, 2022, by U.S. District Judge Karen E. Schreier.
Robert Eugene Stefani, age 46, was sentenced to 121 months in federal prison, followed by five years of supervised release, and ordered to pay a special assessment to the Federal Crime Victims Fund in the amount of $5,100.
Stefani was indicted by a federal grand jury on July 7, 2021. He pled guilty on March 24, 2022.
The conviction stemmed from incidents between June of 2019 and October 2020. Stefani paid cash to a 15-year-old girl in exchange for sex with him on multiple occasions in Sioux Falls. The meetings between the two were arranged over the internet and the use of cell phones.
This case was investigated by the FBI and the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Stefani was immediately remanded to the custody of the U.S. Marshals Service.
Nevada Man Found Guilty of Threatening a WitnessRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Las Vegas, Nevada, man was convicted of Obstructing Justice by Retaliating Against a Witness following a federal court trial held in Rapid City, South Dakota.
Edward Martin, age 50, was charged in December of 2021. The conviction stems from Martin threatening an individual who had provided information to law enforcement about a drug conspiracy in which Martin was involved. Martin made threatening comments to the individual in an attempt to dissuade the individual from testifying against Martin’s co-conspirators in pending federal criminal proceedings.
The investigation was conducted by the South Dakota Division of Criminal Investigation and the Drug Enforcement Administration. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Martin faces a potential custody sentence of up to 20 years in federal prison. A sentencing date has not been scheduled.
Oglala Man Sentenced to Federal Prison for Possession of Body Armor by a Violent FelonRead the Press Release
United States Attorney Alison J. Ramsdell announced that an Oglala, South Dakota, man convicted of Possession of Body Armor by a Violent Felon was sentenced on July 22, 2022, by Judge Jeffrey L. Viken, U.S. District Court.
Kane Youngman, age 27, was sentenced to 27 months in federal prison, followed by one year of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Kane Youngman was indicted for Possession of Body Armor by a Violent Felon by a federal grand jury in February of 2022. A federal trial jury in Rapid City, South Dakota, convicted him of the charge in April 2022.
The conviction stems from Youngman, who had been convicted of a crime of violence, possessing a ballistic vest worn to protect against gunfire in January 2022, at Oglala.
This case was investigated by the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Youngman was immediately turned over to the custody of the U.S. Marshals Service.
Texas Man Sentenced to Federal Prison for Attempted Enticement of a Minor Using the InternetRead the Press Release
United States Attorney Alison J. Ramsdell announced that a San Saba, Texas, man convicted of Attempted Enticement of a Minor Using the Internet was sentenced on July 8, 2022, by U.S. District Judge Karen E. Schreier.
Cody Allen Green, age 39, was sentenced to 10 years in federal prison, followed by five years of supervised release. Green was ordered to pay a special assessment to the Federal Crime Victims Fund in the amount of $100 and will be required to register as a sex offender under the Sex Offender Registration and Notification Act.
Green, formerly a member of the U.S. Air Force, was arrested and federally indicted following a Cybertip from Facebook in which he was seeking and obtaining images of child pornography from an unidentified 14-year-old girl. The Internet Crimes Against Children taskforce executed a search warrant on Green’s home and located multiple devices containing child pornography involving infants and/or toddlers.
This case was investigated by the South Dakota Division of Criminal Investigation, Homeland Security Investigations, Department of the Air Force Office of Special Investigations, Rapid City Police Department, and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Green was immediately remanded to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced for Receipt and Distribution of Child PornographyRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Sioux Falls, South Dakota, man convicted of Receipt and Distribution of Child Pornography was sentenced on July 25, 2022, by U.S. District Judge Karen E. Schreier.
Spencer Peter Goth, age 24, was sentenced to 78 months in federal prison, followed by five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Goth was indicted by a federal grand jury on July 7, 2021. He pled guilty on May 5, 2022.
The conviction stemmed from incidents between April 12, 2018, and December 29, 2020, when Goth knowingly received child pornography over the internet. After searching the internet for child pornography, Goth saved the files containing child pornography onto his computer then transferred the files onto a thumb drive that was connected to his computer through a USB port. Goth knew the files contained child pornography before he chose to download and save them.
This case was investigated by the South Dakota Division of Criminal Investigation and Homeland Security Investigations. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Goth was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced for His Role in Meth ConspiracyRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Sioux Falls, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on July 25, 2022, by U.S. District Judge Karen E. Schreier.
Larry James Zamora, age 40, was sentenced to 130 months in federal prison, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Zamora was indicted for conspiracy to distribute a controlled substance by a federal grand jury on July 7, 2021. He pled guilty on April 20, 2022.
Beginning on or about December of 2020, and continuing until July 2021, Zamora reached an agreement to distribute 500 grams or more of a mixture and substance containing methamphetamine in the District of South Dakota. During his involvement in the conspiracy, he obtained methamphetamine and money from co-conspirators and distributed and transferred it to other co-conspirators. Zamora’s involvement in the conspiracy ended with his arrest on March 31, 2021, when law enforcement executed a search warrant on his home.
This case was investigated by the Drug Enforcement Administration, Department of Homeland Security, Bureau of Alcohol, Tobacco, Firearms and Explosives, Internal Revenue Service Criminal Investigation, South Dakota Highway Patrol, Minnehaha County Sheriff’s Office, and the Sioux Falls Area Drug Task Force. Assistant U.S. Attorney Mark Hodges prosecuted the case.
Zamora was immediately remanded to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced for Being a Felon in Possession of a FirearmRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Sioux Falls, South Dakota, man convicted of Felon in Possession of a Firearm was sentenced on July 25, 2022, by U.S. District Judge Karen E. Schreier.
Omot Musa Karlo, age 20, was sentenced to 30 months in federal prison, followed by three years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Karlo was indicted by a federal grand jury on November 9, 2021. He pled guilty on May 5, 2022.
The conviction stemmed from an incident on August 31, 2021, as Karlo, who had previously been convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly possessed a firearm, a Glock GmbH, Model 19X, 9x19mm Luger caliber, semi-automatic pistol. The firearm had previously been shipped and transported in interstate commerce before Karlo possessed it.
This case was investigated by Homeland Security Investigations and the Sioux Falls Police Department. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Karlo was immediately remanded to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced to Federal Prison for Illegal Possession of a FirearmRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Rapid City, South Dakota, man was sentenced on July 18, 2022, by U.S. District Judge Jeffrey L. Viken. Lebeau was previously convicted of Possession of a Firearm by a Prohibited Person, following a two-day jury trial in federal court in March 2022.
Montgomery LeBeau, age 41, was sentenced to five years in federal prison, followed by three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Lebeau was indicted by a federal grand jury in January of 2022. The conviction stems from Lebeau, a previously convicted felon who is prohibited from possessing firearms, knowingly possessing a Hi-Point, model JCP, .40 Smith & Wesson caliber, semi-automatic pistol, which was found after Lebeau came into contact with law enforcement in October 2021 in Rapid City.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Lebeau was immediately remanded to the custody of the U.S. Marshals Service.
Rapid City Man Charged with Illegal Possession of a FirearmRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Possession of a Firearm by a Prohibited Person.
Caleb Waukechon, age 26, was indicted on June 23, 2022. He appeared before U.S. Magistrate Judge Daneta Wollmann on July 18, 2022, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is 10 years in federal prison and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge stems from Waukechon, an unlawful user of a controlled substance, knowingly possessing a Glock .40 caliber semi-automatic pistol in November 2021 in Rapid City. The charge is merely an accusation and Waukechon is presumed innocent until and unless proven guilty.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson is prosecuting the case.
Waukechon was detained pending trial. A trial date has been scheduled for September 20, 2022.
Pine Ridge Man Sentenced to Federal Prison for Possession of Firearm by a Prohibited PersonRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Pine Ridge, South Dakota, woman convicted of Possession of Firearm by a Prohibited Person was sentenced on July 7, 2022, by Judge Karen E. Schreier, U.S. District Court.
Wallace Cody Daugherty, age 29, was sentenced to 18 months in federal prison, followed by two years of supervised release, and ordered to pay $5,000 in restitution and a $100 special assessment to the Federal Crime Victims Fund.
Daugherty was indicted by a federal grand jury in June 2021. He pleaded guilty on December 8, 2021.
The conviction stems from Daugherty, who was an unlawful user of a controlled substance and prohibited from possessing firearms, approaching his ex-girlfriend in the parking lot of the Pine Ridge IHS Hospital on September 24, 2020, while in possession of a Smith & Wesson 9mm pistol. As she attempted to drive away, Daugherty fired multiple rounds at her vehicle, striking it multiple times.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case was investigated by the Oglala Sioux Tribe Department of Safety and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Heather Sazama prosecuted the case.
Daugherty was immediately remanded to the custody of the U.S. Marshals Service.
Mission Man Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Mission, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on July 25, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.
Travis Peneaux, age 46, was sentenced to time served since November 14, 2021, through August 11, 2022, equal to approximately 9 months in custody, followed by two years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Peneaux was indicted by a federal grand jury on December 14, 2021. He pled guilty on April 28, 2022.
The conviction stemmed from an incident that occurred on November 14, 2021, while Peneaux was in custody at the Rosebud Sioux Tribe Adult Correctional Facility in Todd County, South Dakota. Peneaux was in a day room when he began yelling. When he was told by a corrections officer to return to his cell and calm down, Peneaux kicked the corrections officer in the face.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Peneaux was immediately remanded to the custody of the U.S. Marshals Service.
Lower Brule Man Sentenced for Domestic AssaultRead the Press Release
United States Attorney Alison Ramsdell announced that a Lower Brule, South Dakota, man convicted of Assault with a Dangerous Weapon, Assault Resulting in Substantial Bodily Injury to an Intimate Partner, and Assaulting, Resisting, or Impeding a Federal Officer was sentenced on July 25, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.
William Eagle Thunder, Jr., age 30, was sentenced to seven years and three months in federal prison, followed by three years of supervised release, and ordered to pay a special assessment to the Federal Crime Victims Fund in the amount of $300.
Eagle Thunder was indicted by a federal grand jury on December 14, 2021. He pled guilty on April 28, 2022.
The conviction stemmed from incidents that occurred on multiple occasions between August and October 2021, in Lower Brule, wherein Eagle Thunder repeatedly assaulted his girlfriend with a metal object and shod feet, causing serious bodily injury. Additionally, on September 11, 2021, a law enforcement officer was called to a residence following a report that Eagle Thunder was present. While attempting to arrest Eagle Thunder, he pushed the officer to the ground and took off from the scene on foot.
This case was investigated by the Bureau of Indian Affairs – Office of Justice Services, Lower Brule Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Eagle Thunder was immediately remanded to the custody of the U.S. Marshals Service.
Kyle Man Sentenced for Assault on a Federal OfficerRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Kyle, South Dakota, man convicted of Assault on a Federal Officer was sentenced on July 7, 2022, by U.S. District Judge Jeffrey L. Viken.
Tex Janis, age 22, was sentenced to time already served, two years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Janis was indicted by a federal grand jury in January 2021 and pleaded guilty on March 11, 2022.
The conviction stemmed from Janis assaulting an on-duty Oglala Sioux Tribe Department of Public Safety officer who sustained injuries that required medical attention.
The case was investigated by the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Rapid City Man Charged with Causing a Fire and Careless DrivingRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Causing a Fire, Use of a Motor Vehicle off Designated Roadways, and Careless and Reckless Driving.
Dillon Rose, age 22, was indicted on May 19, 2022. He appeared before U.S. Magistrate Judge Daneta L. Wollman on July 20, 2022, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to six months in custody and/or a $1,500 fine, and $10 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on March 6, 2021, in Custer County, Rose carelessly and recklessly operated a motor vehicle off a designated roadway on the Buffalo Gap National Grasslands and caused a fire that burned approximately 2,600 acres.
The charges are merely accusations and Rose is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Forest Service. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Rose was released on bond pending trial. A trial date of September 27, 2022, has been set.
Little Eagle Man Indicted for Burglary, Assault, and Arson ChargesRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Little Eagle, South Dakota, man has been indicted by a federal grand jury for First Degree Burglary, Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, Domestic Assault Resulting in Serious Bodily Injury, and Arson.
Dustin Jade Red Fox, age 30, was indicted on July 11, 2022. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 21, 2022, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in federal prison and/or a $250,000 fine, five years of supervised release, and $500 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on June 21, 2022, in Little Eagle, Red Fox burglarized a home and assaulted one of its occupants. Red Fox then attempted to burn down the home by starting a fire.
The charges are merely accusations and Red Fox is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs – Office of Justice Services, Standing Rock Agency. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Red Fox was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Wakpala Man Sentenced to Prison for Embezzlement from Standing Rock Tribal OrganizationRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Wakpala, South Dakota, man convicted of embezzlement and theft from an Indian tribal organization was sentenced on July 18, 2022, by U.S. District Judge Charles B. Kornmann.
Joshua Iron Cloud, Sr., age 39, was sentenced to six months in federal prison, followed by three years of supervised release. He was also ordered to pay $23,980 in restitution to the Standing Rock Sioux Tribe and $100 to the Federal Crime Victims Fund.
Iron Cloud was indicted by a federal grand jury on September 8, 2021. He pled guilty on April 21, 2022.
According to court documents, between in or about March and May 2020, Iron Cloud embezzled, stole, and converted approximately $25,000 of monies, funds, and credits belonging to Oyate Community Development Corporation of the Standing Rock Sioux Tribe, an Indian Tribal Organization. Iron Cloud used those monies on personal items and expenditures.
This case was investigated by the FBI and U.S. Attorney’s Office. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.
Iron Cloud will report to the U.S. Marshals Service on or before November 1, 2022, to begin serving his custody sentence.
This case was brought pursuant to the Guardians Project, a federal law enforcement initiative to coordinate efforts between participating agencies, to promote citizen disclosure of public corruption, fraud, and embezzlement involving federal program funds, contracts, and grants, and to hold accountable those who are responsible for adversely affecting those living in South Dakota’s Indian country communities. The Guardians Project is another step of federal law enforcement’s on-going efforts to increase engagement, coordination, and positive action on behalf of tribal communities. Led by the U.S. Attorney’s Office, the participating agencies include: the FBI; the Offices of Inspector General for the Departments of Interior, Health and Human Services, Social Security Administration, Agriculture, Transportation, Education, Justice, and Housing and Urban Development; Internal Revenue Service, Criminal Investigation Division; U.S. Postal Inspection Service; and the U.S. Postal Service, Office of Inspector General.
For additional information about the Guardians Project, please contact the U.S. Attorney’s Office at (605) 330-4400. To report a suspected crime, please contact law enforcement at the federal agency’s locally listed telephone number.
Wakpala Man Indicted for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Wakpala, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Adrian Spotted Horse, age 43, was indicted on June 14, 2022. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 20, 2022, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to ten years in federal prison and/or a $250,000 fine, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between May and June of 2022 in South Dakota, Spotted Horse, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under federal law, knowingly failed to register and update a registration.
The charge is merely an accusation and Spotted Horse is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Spotted Horse was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Transient Sentenced for Prohibited Possession of a FirearmRead the Press Release
United States Attorney Alison J. Ramsdell announced that a transient woman from the Sioux Falls, South Dakota, area was convicted of possession of a firearm by a prohibited person and was sentenced on July 21, 2021, by U.S. District Judge Karen E. Schreier.
Elizabeth Ashley Drake, age 35, was sentenced to 18 months in prison, followed by three years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Drake was indicted for possession of a firearm by a prohibited person by a federal grand jury on July 7, 2021. She pled guilty on May 5, 2022.
On or about June 11, 2021, Drake had possession of a Taurus, model 85, .38 Special caliber, double action revolver, ammunition, methamphetamine, and methamphetamine paraphernalia, in Sioux Falls.
On June 11, 2021, the Sioux Falls Police Department lawfully searched a vehicle Drake was a passenger in and located the firearms, narcotics, and syringes. Drake knew she was prohibited from possessing a firearm, as she had been previously convicted of one or more crimes punishable by imprisonment exceeding one year. Drake was also prohibited from possessing firearms as she was an unlawful user of controlled substances.
This case was investigated by the Sioux Falls Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Special Assistant U.S. Attorney Paige Petersen prosecuted the case.
Drake was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced for Involvement in Meth ConspiracyRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Sioux Falls, South Dakota, man convicted of conspiracy to distribute a controlled substance was sentenced on July 19, 2022, by U.S. District Judge Karen E. Schreier.
Det Khaoon, a/k/a "D", "Chino" and "Johnny Lee", age 38, was sentenced to 176 months in federal prison, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Khaoon was indicted for conspiracy to distribute a controlled substance by a federal grand jury on July 7, 2021. He pled guilty on March 31, 2022.
Beginning on an unknown date and continuing until on or about July 7, 2021, Khaoon knowingly and intentionally combined, conspired, confederated, and agreed together, with others known and unknown, to knowingly and intentionally distribute 500 grams or more of a mixture and substance containing methamphetamine, a Schedule II controlled substance. In total, Khaoon was involved in trafficking 43 pounds of methamphetamine and 80 grams of fentanyl.
This case was investigated by South Dakota Highway Patrol, Sioux Falls Area Drug Task Force, and the Drug Enforcement Administration. Assistant U.S. Attorney Mark Hodges prosecuted the case.
Khaoon was immediately remanded to the custody of the U.S. Marshals Service.
Rosebud Woman Indicted for Child AbuseRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Rosebud, South Dakota, woman has been indicted by a federal grand jury for Child Abuse.
ShawnDae Lynn White Bird, age 33, was indicted on July 11, 2022. She appeared before U.S. Magistrate Judge Mark A. Moreno on July 20, 2022, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 15 years in federal prison and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges between September 7, 2021, and October 29, 2021, in Mission, White Bird did abuse, expose, torture, torment, and cruelly punish a child who had not attained the age of seven.
The charge is merely an accusation and White Bird is presumed innocent until and unless proven guilty.
The investigation is being conducted by the FBI. Assistant U.S. Attorney Abby Roesler is prosecuting the case.
White Bird was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Montana Man Indicted on Multiple Wildlife ChargesRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Hardin, Montana, man has been indicted by a federal grand jury for the Bald and Golden Eagle Protection Act, Lacey Act, and Migratory Bird Treaty Act violations.
Harvey Hugs, age 59, was indicted on May 19, 2022. He appeared before U.S. Magistrate Judge Daneta L. Wollman on July 18, 2022, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to five years in custody and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that at various times between August 20, 2020, and March 3, 2021, Hugs knowingly transported, sold, received, and acquired bald and golden eagles, when Hugs should have known the protected birds were taken, possessed, transported, and sold in violation of, and in a manner unlawful under the laws and regulations of the United States. Hugs further and with wanton disregard for the consequences of his actions, possessed, sold, bartered, and offered to sell and barter a bald and golden eagles and parts thereof.
The charges are merely accusations and Hugs is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Fish and Wildlife Services. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Hugs was released on bond pending trial. A trial date of September 20, 2022, has been set.
Mission Man Indicted for Arson and BurglaryRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Arson and Third Degree Burglary.
Tommy Vargas, a/k/a Tommy Lee Spotted Eagle, age 32, was indicted on July 11, 2022. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 21, 2022, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 25 years in federal prison and/or a $250,000 fine, five years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on February 27, 2021, in Mission, Vargas unlawfully entered the Sinte Gleska Maintenance Building and stole multiple pieces of property. As he was leaving the premises, Vargas willfully and maliciously set fire to and burned the building.
The charges are merely accusations and Vargas is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Abby Roesler is prosecuting the case.
Vargas was remanded to the custody of the U.S. Marshals Service pending trial. A trial date is set for September 13, 2022.
Little Eagle Man Sentenced to Prison for Embezzlement from Standing Rock Tribal OrganizationRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Little Eagle, South Dakota, man convicted of embezzlement and theft from an Indian tribal organization was sentenced on July 18, 2022, by U.S. District Judge Charles B. Kornmann.
Donel Takes The Gun, age 55, was sentenced to eight months in federal prison, followed by three years of supervised release. He was also ordered to pay $15,935.93 in restitution to the Standing Rock Sioux Tribe and $100 to the Federal Crime Victims Fund.
Takes The Gun was indicted by a federal grand jury on July 7, 2021. He pled guilty on April 21, 2022.
According to court documents, between about October 2017 and March 2020, Takes The Gun embezzled, stole, and converted approximately $16,000 of monies, funds, and credits belonging to the Running Antelope District of the Standing Rock Sioux Tribe, an Indian Tribal Organization. Takes The Gun, an elected official of the Running Antelope District, used those monies on personal items, expenditures, and gambling.
This case was investigated by the FBI and U.S. Attorney’s Office. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.
Takes The Gun was remanded to the custody of the U.S. Marshals Service to begin serving his custody sentence.
This case was brought pursuant to the Guardians Project, a federal law enforcement initiative to coordinate efforts between participating agencies, to promote citizen disclosure of public corruption, fraud, and embezzlement involving federal program funds, contracts, and grants, and to hold accountable those who are responsible for adversely affecting those living in South Dakota’s Indian country communities. The Guardians Project is another step of federal law enforcement’s on-going efforts to increase engagement, coordination, and positive action on behalf of tribal communities. Led by the U.S. Attorney’s Office, the participating agencies include: the FBI; the Offices of Inspector General for the Departments of Interior, Health and Human Services, Social Security Administration, Agriculture, Transportation, Education, Justice, and Housing and Urban Development; Internal Revenue Service, Criminal Investigation Division; U.S. Postal Inspection Service; and the U.S. Postal Service, Office of Inspector General.
For additional information about the Guardians Project, please contact the U.S. Attorney’s Office at (605) 330-4400. To report a suspected crime, please contact law enforcement at the federal agency’s locally listed telephone number.
Little Eagle Man Indicted for Assault and Firearm ChargesRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Little Eagle, South Dakota, man has been indicted by a federal grand jury for Assault with Intent to Commit Murder, Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and Discharge of a Firearm During a Crime of Violence.
Raul Tomas Mata, age 21, was indicted on July 11, 2022. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 21, 2022, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in federal prison and/or a $250,000 fine, five years of supervised release, and $400 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on April 29, 2022, in Little Eagle, Mata fired a gun towards several residences with intent to commit murder. A minor was struck and seriously injured by one of the bullets fired by Mata.
The charges are merely accusations and Mata is presumed innocent until and unless proven guilty.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The investigation is being conducted by the Bureau of Indian Affairs – Office of Justice Services, Standing Rock Agency, the FBI, the Corson County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Mata was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Colorado Man Sentenced for Conspiracy to Distribute MethRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Denver, Colorado, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on July 20, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.
Timothy Zuk, age 49, was sentenced to 22 years in federal prison, followed by five years of supervised release, a special assessment to the Federal Crime Victims Fund in the amount of $100, and a $1,000 fine.
Zuk was indicted by a federal grand jury on August 11, 2020. He pled guilty on April 18, 2022.
Beginning in at least January 2015, Zuk was involved with several other individuals to distribute pounds of methamphetamine and heroin in and around the Rosebud Sioux Indian Reservation. Zuk was the source of supply for several individuals who resided on the reservation. They would make trips to Denver to pick up methamphetamine from Zuk to distribute on the reservation. Zuk also made several trips to South Dakota to bring methamphetamine to them to distribute. Over 90,000 kilograms of converted drug weight of narcotics was involved in this conspiracy.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services, the Northern Plains Safe Trails Drug Enforcement Task Force, the South Dakota Highway Patrol, and the Bureau of Indian Affairs. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Zuk was immediately turned over to the custody of the U.S. Marshals Service.
Winner Man Sentenced for Firearm ChargesRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Winner, South Dakota, man convicted of Prohibited Person in Possession of a Firearm was sentenced on July 19, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.
Cameron Fanning, age 24, was sentenced to 36 months in federal prison, followed by three years of supervised release, forfeiture of the firearm, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Fanning was indicted by a federal grand jury on December 14, 2021. He pled guilty on April 28, 2022.
The conviction stemmed from an incident that occurred on August 6, 2021, in Mission, South Dakota. On that date, the Rosebud Sioux Tribe Law Enforcement Services responded to a report of an individual driving erratically. Law enforcement made contact with the lone male occupant. The occupant fled the scene, which led to his arrest and search of the vehicle, where a handgun was located in the vehicle. Fanning had previously been convicted of a crime punishable by imprisonment for a term exceeding one year, making it illegal for him to possess firearms.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Abby Roesler prosecuted the case.
Fanning was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Facing Multiple Firearm Charges After Sioux Falls RobberiesRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for two counts of interference with commerce by threats and violence and two counts of brandishing a firearm during a federal crime of violence.
Samuel Oreoluwa Roberts, age 23, was indicted on these charges July 6, 2022. He appeared before U.S. Magistrate Judge Veronica L. Duffy on July 11, 2022, and pled not guilty to the Indictment.
The maximum penalty for the counts involving interference with commerce is up to 20 years in custody and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. The penalty for each count of brandishing a firearm during a crime of violence is a mandatory seven years in custody and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The indictment alleges that on or about March 29, 2022, in Sioux Falls, Roberts unlawfully obstructed, delayed, and affected commerce and the movement of articles and commodities in such commerce, by robbery when he unlawfully took and obtained cash from the Get-n-Go, against the will of the employees by means of actual and threatened force, violence, and fear of injury immediate and future to their person when he brandished a firearm during this crime of violence, demanded money, and forcibly took the money. Then on or about March 30, 2022, in Sioux Falls, Roberts unlawfully obstructed, delayed, and affected commerce and the movement of articles and commodities in such commerce, by robbery when he unlawfully took and obtained cash from the Kum and Go, against the will of the employees by means of actual and threatened force, violence, and fear of injury immediate and future to their person when he brandished a firearm during this crime of violence, demanded money, and forcibly took the money.
These charges are merely accusations and Roberts is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Special Assistant U.S. Attorney Elizabeth A. Ebert is prosecuting the case.
Roberts was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for September 13, 2022.
Mission Man Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Mission, South Dakota, man convicted of Assaulting, Resisting and Impeding a Federal Officer was sentenced on July 19, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.
Anthony Kitteaux, Sr., age 29, was sentenced to 13 months in federal prison, followed by three years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Kitteaux was indicted by a federal grand jury on March 8, 2022. He pled guilty on May 5, 2022.
The conviction stemmed from an incident that occurred in the early morning hours of January 24, 2022, at a residence in Todd County, South Dakota. On that date, a Rosebud Sioux Tribe Law Enforcement Services officer responded to a report that Kitteaux was assaulting his girlfriend. When the officer approached the residence and attempted to place Kitteaux under arrest, Kitteaux refused commands and attempted to close the front door of the residence. The officer reached through the door in an attempt to gain Kitteaux’s compliance and he repeatedly closed the door on the officer’s arm.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Kitteaux was immediately remanded to the custody of the U.S. Marshals Service.
Eagle Butte Woman Sentenced for Methamphetamine TraffickingRead the Press Release
United States Attorney Alison J. Ramsdell announced that an Eagle Butte, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on July 19, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.
Brenda Faye Fernandez, age 48, was sentenced to ten months in federal prison, followed by four years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Fernandez was indicted by a federal grand jury on February 8, 2022. She pled guilty on March 31, 2022.
The conviction stemmed from Fernandez’s involvement in a methamphetamine trafficking conspiracy between January 1, 2021, and September 30, 2021, in South Dakota. Fernandez knowingly and intentionally conspired with others to distribute methamphetamine on the Cheyenne River Sioux Indian Reservation.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services, the Northern Plains Safe Trails Drug Enforcement Task Force, and the South Dakota Highway Patrol. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Fernandez was immediately turned over to the custody of the U.S. Marshals Service.
Two Men from Wounded Knee Charged with First Degree MurderRead the Press Release
United States Attorney Alison J. Ramsdell announced that two Wounded Knee, South Dakota, men have been indicted by a federal grand jury for First Degree Murder, Assault Resulting in Serious Bodily Injury, and Assault with a Dangerous Weapon.
Eugene Acorn High Hawk, age 59, and Spencer High Hawk, age 25, were indicted on July 6, 2022. Both men have pleaded not guilty to the Indictment.
The penalty upon conviction is mandatory life in federal prison and/or a $250,000 fine and $100 to the Federal Crime Victims Fund for each count. Restitution may also be ordered.
The charges relate to Eugene Acorn High Hawk and Spencer High Hawk beating a male to death near Wounded Knee in June 2022. Eugene Acorn High Hawk is also accused of beating a juvenile male with a baseball bat during the same incident. The charges are merely an accusation, and both men are presumed innocent until and unless proven guilty.
The investigation is being conducted by Federal Bureau of Investigation and the Oglala Sioux Tribe Department of Public Safety Criminal Investigation Division. Assistant U.S. Attorney Kelsey Blair is prosecuting the case.
Eugene Acorn High Hawk and Spencer High Hawk were detained pending trial. A trial date has been set for September 20, 2022.
Sioux Falls Man Charged with Two Counts of Child PornographyRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Attempted Production of Child Pornography and Receipt and Distribution of Child Pornography.
Trayviel Miles, age 23, was indicted on July 6, 2022. He appeared before U.S. Magistrate Judge Veronica L. Duffy on July 14, 2022, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 30 years in federal prison and/or a $250,000 fine, life of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
Count one of the Indictment alleges that between February 15, 2022, and February 26, 2022, Miles knowingly attempted to employ, use, persuade, induce, entice, and coerce a minor female to engage in explicit conduct for the purpose of producing visual depictions of such conduct, knowing and having reason to know that such visual depiction would be transported in interstate or foreign commerce or mailed, and such visual depiction would be produced using materials that had been mailed, shipped, and transported in interstate and foreign commerce, including by computer.
Count two of the Indictment alleges that between November 17, 2021, and February 16, 2022, Miles knowingly received and distributed, and attempted to receive and distribute any child pornography that has been mailed, shipped, or transported in or affecting interstate or foreign commerce by any means, including by computer.
The charges are merely accusations and Miles is presumed innocent until and unless proven guilty.
The investigation is being conducted by Homeland Security Investigations and the Sioux Falls Police Department. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Miles was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for September 20, 2022.
Rapid City Man Sentenced for Drug DistributionRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Rapid City, South Dakota, man convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on July 8, 2022, by Judge Karen E. Schreier, U.S. District Court.
Cody Provost, age 42, was sentenced to time served, three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Provost was indicted by a federal grand jury in January 2021. He pleaded guilty on April 15, 2022.
The conviction stems from Provost possessing and distributing hydrocodone, a Schedule II controlled substance, in South Dakota between the summer of 2019 and January 2021.
The case was investigated by the Badlands Safe Trails Task Force, which includes the FBI, Bureau of Indian Affairs, Oglala Sioux Tribe Department of Public Safety, South Dakota Department of Criminal Investigation, and the Department of Health and Human Services-Office of Inspector General. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Kyle Woman Indicted for First Degree MurderRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Kyle, South Dakota, woman has been indicted by a federal grand jury for First Degree Murder and Felony Child Abuse and Neglect.
Billie Jean Red Owl, age 34, was indicted on November 18, 2021. She appeared before U.S. Magistrate Judge Daneta Wollmann on June 15, 2022, and pleaded not guilty to the Indictment. The maximum penalty upon conviction is up to life in prison and/or a $250,000 fine.
The charges relate to Red Owl engaging in a pattern of child abuse, including failing to provide sufficient food and hydration and medical care to her child, who was under the age of seven years, in 2020 at Kyle. This abuse resulted in the death of the child.
The charges are merely accusations and Red Owl is presumed innocent until and unless proven guilty.
The investigation is being conducted by the FBI. Assistant U.S. Attorney Heather Sazama is prosecuting the case.
Red Owl was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for August 23, 2022.
Four People Charged with Conspiracy to Distribute Fentanyl in Northeastern South DakotaRead the Press Release
United States Attorney Alison J. Ramsdell announced that four South Dakota residents have been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance.
Jevon McLeod, a/k/a “Buddy Traffick”, age 32, and Tiarah Grace Bissonette, age 24, both of Sisseton, South Dakota, and Daren Lee Basche, age 57, and Trey Byron Petrich, age 22, both of Watertown, South Dakota, were indicted on July 11, 2022. They all appeared before U.S. Magistrate Judge Mark Moreno on July 14, 2022, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 40 years in custody and/or a $5 million fine, life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Beginning on a date unknown and continuing until on or about July 11, 2022, in the District of South Dakota, Jevon Joseph Mcleod, Daren Lee Basche, Tiarah Grace Bissonette, and Trey Byron Petrich did knowingly and intentionally combine, conspire, confederate, and agree together, with others known and unknown to the grand jury, to knowingly and intentionally distribute 40 grams or more of a mixture and substance containing fentanyl, a Schedule II controlled substance. The defendants conspired to distribute pills containing fentanyl in the northeastern part of South Dakota.
The charge is merely an accusation, and all defendants are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs. Assistant U.S. Attorney Mark Hodges is prosecuting the case.
Following their initial appearances, McLeod, Basche, and Bissonette were remanded to the custody of the U.S. Marshals Service, and Petrich was released on bond pending trial. A trial date has not been set.
Wounded Knee Woman Charged with AssaultRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Wounded Knee, South Dakota, woman has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Ashlee Randall, age 34, was indicted on June 23, 2022. She appeared before U.S. Magistrate Judge Daneta Wollmann on July 8, 2022, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is 10 years in federal prison and/or a $250,000 fine and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges stem from Randall shooting a man near Wounded Knee in May 2022. The charges are merely an accusation and Randall is presumed innocent until and unless proven guilty.
The investigation is being conducted by the FBI and the Oglala Sioux Tribe Department of Public Safety Criminal Investigation Division. Assistant U.S. Attorney Benjamin Patterson is prosecuting the case.
Randall was released pending trial. A trial date has been set for September 13, 2022.
Rapid City Man Sentenced to Federal Prison for Illegal Possession of FirearmRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Rapid City, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on July 8, 2022, by U.S. District Judge Karen E. Schreier.
Franky Torres, age 29, was sentenced to six years and six months in federal prison, followed by three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Torres was indicted by a federal grand jury on November 18, 2021, and pleaded guilty on April 13, 2022. The conviction stems from Torres, a previously convicted felon who is prohibited from possessing firearms, knowingly possessing a Springfield Armory, model XDs-45 Mod 2, .45 AUTO caliber, semi-automatic pistol, and a North American Arms Corporation, model NAA-22M, .22 Winchester Magnum Rifle caliber, single-action revolver, which were found after Torres came into contact with law enforcement in July 2021 in Rapid City.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Torres was immediately remanded to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced to Federal Prison for Illegal Possession of FirearmRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Rapid City, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on July 11, 2022, by U.S. District Judge Jeffrey L. Viken.
Isiah Cutgrass, age 26, was sentenced to 24 months in federal prison, followed by two years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Cutgrass was indicted by a federal grand jury on March 18, 2021, and pleaded guilty on March 11, 2022. The conviction stems from Cutgrass, a previously convicted felon who is prohibited from possessing firearms, knowingly possessing a Glock, model 30, .45 AUTO caliber, semi-automatic pistol, which was found after Cutgrass came into contact with law enforcement in March 2020 in Rapid City.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Cutgrass was immediately remanded to the custody of the U.S. Marshals Service.
Pine Ridge Man Sentenced to 15 Years for Meth TraffickingRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Pine Ridge, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person was sentenced on July 8, 2022 by U.S. District Judge Karen E. Schreier.
Lew Bettelyoun, age 46, was sentenced to 15 years in federal prison, followed by five years of supervised release, and a $200 special assessment to the Federal Crime Victims Fund.
Bettelyoun was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on September 18, 2018. On October 23, 2018, additional charges were added for Carrying a Firearm During a Drug Trafficking Offense and Possession of a Firearm by a Prohibited Person. He pleaded guilty to Counts I and II on June 3, 2022. Bettelyoun was responsible for distributing at least 500 grams of methamphetamine on the Pine Ridge Reservation during his involvement in the conspiracy. He obtained methamphetamine and distributed it to others, knowing those persons would engage in additional distribution. Bettelyoun also possessed firearms in furtherance of his drug trafficking conspiracy.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case was investigated by the Badlands Safe Trails Drug Enforcement Task Force, which is comprised of agents from the FBI, South Dakota Division of Criminal Investigation, Bureau of Indian Affairs Division of Drug Enforcement, Martin Police Department, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Bettelyoun was immediately returned to the custody of the U.S. Marshals Service.
Pine Ridge Man Sentenced to 13 Years in Federal PrisonRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Pine Ridge, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury and Failure to Register as a Sex Offender (while Committing a Violent Offense) was sentenced on July 7, 2022, by U.S. District Judge Karen E. Schreier.
On the charge of Assault Resulting in Serious Bodily Injury, Benjamin Wendell Smoke, age 63, was sentenced to eight years in federal prison, followed by one year of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. As to the charge of Failure to Register as a Sex Offender, Smoke was sentenced to five years in federal prison, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. The prison sentences are to be served consecutively and the time of supervised release is to be served concurrently.
Smoke was indicted by a federal grand jury in April 2019. He pleaded guilty on January 21, 2022. The conviction stems from Smoke assaulting another elderly male on March 17, 2019, at Pine Ridge. Smoke was convicted of First Degree Rape in 1988 and is required to register his address every time he moves for the rest of his life. At the time of this assault he was not in compliance with the Sex Offender Registration and Notification Act, which requires him to register as a sexual offender as a result of a prior sex assault conviction.
This case was investigated by the FBI and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Smoke was immediately remanded to the custody of the U.S. Marshals Service.
North Dakota Man Charged with Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Bismarck, North Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Dorian Lester, age 26, was indicted on July 6, 2022. He appeared before U.S. Magistrate Judge Veronica L. Duffy on July 8, 2022, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that Lester, who had previously been convicted of a sex crime and required to register under the Sex Offender Registration and Notification Act, failed to do so between May 20, 2022, and July 6, 2022.
The charge is merely an accusation and Lester is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Lester was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for September 13, 2022.
New Mexico Man Sentenced to 40 Months in Federal PrisonRead the Press Release
United States Attorney Alison J. Ramsdell announced that an Albuquerque, New Mexico, man convicted of Abusive Sexual Contact was sentenced on July 6, 2022, by Judge Jeffrey L. Viken, U.S. District Court.
Nathan Andrew Castillo, age 53, was sentenced to 40 months in federal prison, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Castillo was indicted by a federal grand jury in April 2019. He pleaded guilty on March 3, 2022.
The conviction stems from Castillo sexually abusing a female child, who was under the age of 12, in May 2018 near Oglala, South Dakota.
This case was investigated by the FBI. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Castillo was immediately remanded to the custody of the U.S. Marshals Service.