District of South Dakota
Press releases recorded for this federal judicial district.
Pine Ridge Man Sentenced for Stealing Fuel TruckRead the Press Release
United States Attorney Dennis R. Holmes announced that a Pine Ridge, South Dakota, man convicted of Interstate Transportation of a Stolen Vehicle was sentenced on February 11, 2022, by U.S. District Judge Jeffrey L. Viken.
Cole Brewer, age 30, was sentenced to time served, equal to approximately nine months in custody, and three years of supervised release. Brewer was also ordered to pay a special assessment to the Federal Crime Victims Fund in the amount of $100.
Brewer was indicted by a federal grand jury on May 20, 2021. He pleaded guilty on September 23, 2021. The conviction stems from Brewer stealing a Freightliner fuel truck from Hay Springs, Nebraska, in June 2020, and transporting it across the state lines to Pine Ridge where it was discovered by law enforcement.
This case was investigated by the Oglala Sioux Tribe Department of Public Safety and the Sheridan County Sheriff’s Department. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Pierre Man Sentenced on Firearm ChargeRead the Press Release
United States Attorney Dennis R. Holmes announced that a Pierre, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on February 15, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.
Michael Lewis, age 39, was sentenced to 26 months in federal prison, followed by three years of supervised release, forefiture of firearms and ammunition, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Lewis was indicted by a federal grand jury on March 9, 2021. He pled guilty on October 29, 2021.
The conviction stemmed from an incident on September 14, 2020, in Pierre, when law enforcement entered Lewis’s residence and located a small amount of drugs, drug paraphernalia, multiple stolen firearms, and ammunition. Lewis is an unlawful user of a controlled substance and therefore is prohibited from possessing firearms. The firearms had all been shipped and transported in interstate commerce.
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 Pierre Police Department, the South Dakota Division of Criminal Investigation, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Lewis was immediately turned over to the custody of the U.S. Marshals Service.
Lower Brule Man Sentenced for Abusive Sexual ContactRead the Press Release
United States Attorney Dennis Holmes announced that a Lower Brule, South Dakota, man convicted of two counts of Abusive Sexual Contact was sentenced on February 14, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.
Benjamin Joseph Grassrope, age 33, was sentenced to 96 months in federal prison, followed by seven years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $200.
Grassrope was indicted by a federal grand jury on January 14, 2021. He pled guilty on November 18, 2021.
The convictions stem from an incident that occurred between May 9, 2008, and May 9, 2009, in Lower Brule, wherein an 11-year-old victim awoke to Grassrope inappropriately touching her on her breasts and groin. Further, between May 1, 2012, and August 31, 2012, in Lower Brule, Grassrope inappropriately touched a 12-year-old girl on the breasts and groin.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Grassrope was immediately turned over to the custody of the U.S. Marshals Service.
Lower Brule Man Indicted for Assault ChargesRead the Press Release
United States Attorney Dennis Holmes announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault of an Intimate Partner by Strangulation.
William Thigh, a/k/a, William Fire Cloud, age 36, was indicted on February 8, 2022. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 11, 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, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on August 2, 2021, in Lower Brule, Thigh assaulted a woman with shod feet, a space heater, an electric fan, an air purifier, a metal bar, and electrical cords, with intent to do bodily harm to her. In addition, the Indictment charges that between November 28, 2021, and November 30, 2021, in Lower Brule, Thigh assaulted a woman with a rifle and shod feet, with intent to do bodily harm to her. On both occasions, Thigh is alleged to have unlawfully assaulted a spouse, intimate partner, and dating partner by strangulating and suffocating her, and attempting to do so.
The charges are merely accusations and Thigh is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs – Office of Justice Services, Crow Creek Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Thigh was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Kyle Man Sentenced for Illegal Possession of FirearmRead the Press Release
United States Attorney Dennis R. Holmes announced that a Kyle, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on February 11, 2022, by U.S. District Judge Jeffrey L. Viken.
Ramone McBride, age 24, was sentenced to 46 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.
McBride was indicted by a federal grand jury on June 17, 2021, and pleaded guilty on October 22, 2021. The conviction stems from McBride, a previously convicted felon who is prohibited from possessing firearms, knowingly possessing an Armi Jager, model Dakota SAA, .357 Mangum caliber, single-action revolver, which was found after McBride came into contact with law enforcement in March 2021 at 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.
McBride was immediately remanded to the custody of the U.S. Marshals Service.
Fort Thompson Woman Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Dennis Holmes announced that a Fort Thompson, South Dakota, woman convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on February 14, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.
Jennifer Surrounded, age 36, was sentenced to 22 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.
Surrounded was indicted by a federal grand jury on March 9, 2021. She pled guilty on November 16, 2021.
The conviction stemmed from an incident that occurred on February 12, 2021, in Fort Thompson. Surrounded assaulted an officer with a knife while the officer was engaged in the performance of his official duties.
This case was investigated by the Bureau of Indian Affairs – Office of Justice Services, Crow Creek Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Surrounded was immediately turned over to the custody of the U.S. Marshals Service.
Fort Thompson Man Sentenced for Domestic Assault by an Habitual OffenderRead the Press Release
United States Attorney Dennis Holmes announced that a Fort Thompson, South Dakota, man convicted of Domestic Assault by an Habitual Offender was sentenced on February 14, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.
Richard Coleman, Jr., age 34, was sentenced to sixteen 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.
Coleman was indicted by a federal grand jury on October 14, 2020. He pled guilty on November 2, 2021.
The conviction stemmed from an incident that occurred on July 22, 2020, in Fort Thompson, in which Coleman threw a can at his significant other, striking her in the chest. At the time of the domestic assault, Coleman had at least two prior convictions for offenses that would have been, if subject to federal jurisdiction, an assault against a spouse or intimate partner.
This case was investigated by the Bureau of Indian Affairs – Office of Justice Services, Crow Creek Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Coleman was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Charged with Theft from an Indian Tribal OrganizationRead the Press Release
United States Attorney Dennis R. Holmes announced that an Eagle Butte, South Dakota. man has been indicted by a federal grand jury for Theft from an Indian Tribal Organization.
Conroy Clown, age 43, was indicted on February 8, 2022. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 10, 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 between March 14, 2019, and July 5, 2019, in Eagle Butte, Clown did knowingly embezzle, steal, and convert to his own use, assets belonging to the Cheyenne River Motel, an Indian Tribal organization, in an amount greater than $1,000.
The charge is merely an accusation and Clown is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Clown was released on bond pending trial. A trial date has not been set.
Eagle Butte Man Charged with Theft from an Indian Tribal OrganizationRead the Press Release
United States Attorney Dennis R. Holmes announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Theft from an Indian Tribal Organization.
Robert Chasing Hawk, Jr., age 38, was indicted on February 8, 2022. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 10, 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 between January 7, 2021, and March 8, 2021, in Eagle Butte, Chasing Hawk did knowingly embezzle, steal, and convert to his own use, assets belonging to the Elderly Nutrition Program, an Indian Tribal organization, in an amount greater than $1,000.
The charge is merely an accusation and Chasing Hawk is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Chasing Hawk was released on bond pending trial. A trial date has not been set.
Dupree Man Sentenced for Striking, Beating, or WoundingRead the Press Release
United States Attorney Dennis R. Holmes announced that a Dupree, South Dakota man convicted of Striking, Bearing, or Wounding was sentenced on February 10, 2022, by U.S. Magistrate Judge Mark A. Moreno.
Bradley Speker, age 30, was sentenced to six months in federal prison, followed by one year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $25.
Speker was indicted by a federal grand jury on January 12, 2021. He pled guilty on February 10, 2022.
The conviction stemmed from an incident that occurred on January 7, 2021, in Eagle Butte, South Dakota, wherein Speker assaulted an individual by striking the victim with his fist.
This case was investigated by Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Speker was immediately turned over to the custody of the U.S. Marshals Service.
Bridger Man Sentenced on Multiple Sexual Abuse ChargesRead the Press Release
United States Attorney Dennis R. Holmes announced that a Bridger, South Dakota, man convicted of three counts of Aggravated Sexual Abuse of a Child, Sexual Abuse of a Minor, and Abusive Sexual Contact of a Child involving two different victims, was sentenced on February 14, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.
Bennett Belt, age 48, was sentenced to 32 years in federal prison, followed by five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $500.
Belt was indicted by a federal grand jury on August 11, 2020. He was found guilty by a jury on November 5, 2021.
Between July 2003 and September 2017, in Bridger, Belt engaged in multiple sexual acts with children.
This case was investigated by the Federal Bureau of Investigation, the Cheyenne River Sioux Tribe Law Enforcement Services, and the Pennington County Sherriff’s Office. Assistant U.S. Attorneys Jay Miller and Abby Roesler prosecuted the case.
Belt was immediately turned over to the custody of the U.S. Marshals Service.
Black Hawk Man Sentenced to 46 Months in Federal Prison for Drug Trafficking ConspiracyRead the Press Release
United States Attorney Dennis R. Holmes announced that a Black Hawk, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on February 11, 2022, by U.S. District Judge Jeffrey L. Viken.
Eric Yockey, age 36, was sentenced to 46 months in federal prison, followed by three years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Yockey was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on July 23, 2020. He pleaded guilty on September 22, 2021. During his involvement in the conspiracy, the defendant traveled to California with a co-conspirator and received heroin in payment for assisting in the trip. He also obtained more heroin on other occasions, which was then distributed to people in South Dakota.
This case was investigated by the Unified Narcotics Enforcement Team (UNET), Drug Enforcement Agency, Homeland Security Investigations, 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.
Yockey was immediately returned to the custody of the U.S. Marshals Service.
Aberdeen Man Sentenced for Possession of Child PornographyRead the Press Release
United States Attorney Dennis R. Holmes announced that an Aberdeen, South Dakota, man convicted of Possession of Child Pornography was sentenced on February 15, 2022, by U.S. District Judge Charles B. Kornmann.
Charles Chambers, age 35, was sentenced to 240 months in federal prison, followed by 10 years of supervised release, $5,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Chambers was indicted by a federal grand jury on April 6, 2021. He pled guilty on November 1, 2021.
The conviction stemmed from an incident on February 23, 2021, when Chambers accessed hundreds of digital files containing child pornography into his KIK Messenger account. Chambers used his cellular phone and the internet to access the files in interstate commerce.
This case was investigated by the Federal Bureau of Investigation and the Aberdeen Police Department. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Chambers was immediately turned over to the custody of the U.S. Marshals Service.
Pennsylvania Man Sentenced to 25 Years in Federal Prison for Fraud, Money Laundering, and Obstruction ConspiraciesRead the Press Release
United States Attorney Dennis R. Holmes announced that Nathan Peachey, age 51, of Pennsylvania, convicted for his role in fraud, money laundering, and obstruction of justice conspiracies, was sentenced on Monday, February 14, 2022, by U.S. District Judge Karen E. Schreier.
Nathan Peachey was sentenced to 300 months in custody, followed by three years of supervised release, nearly $11 million in restitution, and forfeiture of a residence in Norway, a luxury vehicle, approximately $4 million in silver coins, and a laptop. He was also ordered to pay $1,200 to the Federal Crime Victims Fund.
“Mr. Nathan Peachey was sentenced to 25 years in federal prison for preying on innocent victims. Peachey, along with his co-conspirators, ran a sophisticated scheme that robbed victims of their life savings, retirement income and other funds, for the sole purpose of enriching himself and his friends,” said IRS Criminal Investigation Special Agent in Charge Tyler Hatcher. “The evidence shown during trial demonstrates that IRS Criminal Investigation special agents partnered with the FBI and the Department of Justice, are the best in the world at tracing ill-gotten funds to anywhere criminals spend or hide them. We will never give up on our relentless pursuit of justice.”
“The defendant’s fraud was built on nothing but empty promises to the victims that they were helping humanity, but in reality he was only helping himself with a new home, silver, and a luxury car in Norway. And for that fraud, he is paying a heavy price and will never be in a position to victimize anyone ever again,” said FBI Special Agent in Charge Michael Paul. “I want to thank the agents, analysts, and prosecutors who worked tirelessly to not only uncover the fraud and build the case that led to this sentencing, but also for their efforts in trying to recover as much money as they could to return to the victims of this scam.”
Defendants Nathan Peachey, John Rick Winer, and others were originally indicted by a federal grand jury on November 5, 2019. A Second Superseding Indictment was filed on October 6, 2020. Peachey and Winer proceeded to trial in November 2021, and the jury returned guilty verdicts on all counts against both defendants. Winer was also scheduled for sentencing on February 14, 2022, but he failed to appear.
According to evidence presented at trial and court documents, Peachey resided in and operated from the State of Pennsylvania and from a suburb of Oslo, Norway. Peachey aided in soliciting millions of dollars from investors in the United States, and he received funds from others who were involved in the fraud scheme. Funds obtained by and through Peachey were, in part, laundered through and into domestic and international bank accounts. After his receipt of funds, Peachey would transfer or wire funds to his co-conspirators, and he also would use funds on personal expenditures.
Winer resided and operated from the State of New Mexico, among other places. Winer recruited individuals from South Dakota and elsewhere to invest in various projects, and he solicited funds that were obtained through the fraud scheme. After his receipt of funds, Winer would transfer or wire funds to his co-conspirators and others known and unknown to the Grand Jury, and he also would use funds on personal expenditures.
As to the scheme to defraud the victims across the country, Peachey and Winer, along with their co-conspirators, informed investors that the monies provided to one or more of the co-conspirators would be used for charitable or humanitarian projects, oftentimes using religion to entice and induce victims into investing money in the scheme. They also made promises that there would be a return on investments. Peachey and Winer informed investors that the monies provided to one or more of the co-conspirators would not be expended on personal expenses. Investor money was not used for charitable or for humanitarian projects, and investors never received a return on investments relating to the monies provided to Peachey, Winer, or their co-conspirators. The purpose of the conspiracy was to enrich the co-conspirators, all of whom amassed nearly $13 million, and then spent the fraud proceeds on a luxury residence located in a suburb of Oslo, Norway, renovation costs on the house, a Mercedes Benz, nearly $4 million in silver, travel, and personal expenses. This fraud scheme impacted victims from around the United States, including South Dakota, Minnesota, Arizona, New Mexico, Florida, Colorado, Pennsylvania, and North Carolina.
Peachey, Winer, and their co-conspirators utilized, independently or jointly, entities to perpetrate the fraud scheme, including, but not limited to: AG Enterprises, L.L.C.; House of Winer; Jacobs Provision Trust; The Joseph Project; Jericho Outreach; Jericho Outreach – Norway; Christian Charity Foundation; and G47 Initiative. These entities were fake and used to receive fraud proceeds and launder money.
Once Peachey and Winer learned about the investigation in South Dakota and elsewhere, they also conspired to obstruct justice. Peachey and Winer conspired to corruptly obstruct, influence, and impede the investigation of the below-listed agencies and various court proceedings.
This case was investigated by the following entities:
- Internal Revenue Service Criminal Investigation;
- Federal Bureau of Investigation;
- ØKOKRIM, the Norwegian National Authority for Prosecution and Investigation of Economic
and Environmental Crime, Oslo, Norway;
- Oslo, Norway, Police Department;
- Department of Justice’s Office of International Affairs; and
- South Dakota Division of Criminal Investigation
Assistant U.S. Attorneys Jeremy R. Jehangiri and Ann M. Hoffman prosecuted the case.
Peachey was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence of imprisonment.
Sioux Falls Man Charged with Attempted Production of Child Pornography and Transfer of Obscene Materials to MinorsRead the Press Release
United States Attorney Dennis R. Holmes announced that a Sioux Falls, South Dakota, man has been charged by Criminal Complaint for Attempted Production of Child Pornography and Transfer of Obscene Materials to Minor.
Luke John Schauer, age 28, was charged and appeared before U.S. Magistrate Judge Veronica L. Duffy on February 9, 2022. He pled not guilty to the Criminal Complaint.
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.
The Criminal Complaint alleges that between January 18, 2022, and February 4, 2022, Schauer attempted to employ, use, persuade, induce, entice, and coerce an OCE undercover agent posing as a 12-year-old female minor, to engage in sexually explicit conduct for the purpose of producing visual depictions of such conduct, knowing and having reason to know that such depictions would be transported in interstate or foreign commerce or mailed and such depictions would be producing using materials that had been mailed, shipped, and transported in interstate and foreign commerce, including by computer.
The Criminal Complaint also alleges that during the same periods of time, Schauer knowingly used his cellular phone to transfer and attempt to transfer obscene materials to the same undercover agent posing as a 12-year-old child.
The charges are merely accusations and Schauer is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the South Dakota Division of Criminal Investigation, with cooperation from the Sioux Falls Police Department. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Schauer was released pending trial which has not yet been scheduled.
Webster Woman Charged with Theft, Embezzlement, and Misapplication by Bank EmployeeRead the Press Release
United States Attorney Dennis R. Holmes announced that a Webster, South Dakota, woman has been indicted by a federal grand jury for Theft, Embezzlement, and Misapplication by Bank Employee.
Angelica Jean Gebur, age 43, was indicted on February 1, 2022. She appeared before U.S. Magistrate Judge Mark A. Moreno on February 8, 2022, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 30 years in federal prison and/or a $1,000,000 fine, five years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that beginning on or about March 22, 2018, and continuing through June 18, 2021, Gebur, who was an employee of CorTrust Bank, a financial institution whose deposits were insured by the Federal Deposit Insurance Corporation, embezzled, abstracted, purloined, and willfully misapplied more than $1,000 of moneys, funds, assets, and securities intrusted to the custody and care of CorTrust Bank.
The charge is merely an accusation and Gebur is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Ann M. Hoffman is prosecuting the case.
Gebur was released on bond pending trial which has not been set yet.
Pine Ridge Man Charged with Second Degree MurderRead the Press Release
United States Attorney Dennis R. Holmes announced that a Pine Ridge, South Dakota, man has been indicted by a federal grand jury for Second Degree Murder.
Julian Hard Heart, age 19, was indicted on January 20, 2022. He appeared before U.S. Magistrate Judge Daneta Wollmann on January 26, 2022, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is life in federal prison and/or a $250,000 fine, up to five years of supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about November 28, 2021, Hard Heart murdered Devon Elk Boy. The charges are merely an accusation and Hard Heart is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.
Hard Heart was detained pending trial. A trial date has been set for April 5, 2022.
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Two Washington Men and an Oregon Man Charged with Conspiracy to Obtain Controlled Substances by FraudRead the Press Release
United States Attorney Dennis R. Holmes announced that a Kent, Washington man, a Seattle, Washington man, and a Portland, Oregon man, have been indicted by a federal grand jury for Conspiracy to Obtain Controlled Substances by Fraud.
Hakeem Mohamed, age 22, Zekki Kemal, age 23, and Warsame Jama, age 30, were indicted on October 5, 2021. Jama appeared before U.S. Magistrate Judge Veronica L. Duffy on December 14, 2021, Kemal appeared before Judge Duffy on January 4, 2022, and Mohamed appeared before Judge Duffy on February 4, 2022. They all pled not guilty to the Indictment.
The maximum penalty upon conviction is up to four years in federal prison and/or a $250,000 fine, one year of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that beginning at a date unknown and continuing to on or about December 22, 2020, Mohamed, Kemal, and Jama knowingly and intentionally combined, conspired, confederated, and agreed together and with others to acquire and obtain possession of promethazine with codeine syrup, which is a Schedule V controlled substance, as well as oxycodone, which is a Schedule II controlled substance. They obtained those by misrepresentation, fraud, forgery, deception, and subterfuge.
The charge is merely an accusation and Mohamed, Kemal, and Jama are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Drug Enforcement Administration, Brookings Police Department, Division of Criminal Investigation, Minot Police Department, Pierre Police Department, Vermillion Police Department, and the Worthington Police Department. Assistant U.S. Attorney Ann M. Hoffman is prosecuting the case.
Mohamed was remanded to the custody of the U.S. Marshals Service pending trial. Kemal and Jama were released on bond. A trial date has been set for April 12, 2022.
Mission Man Charged with Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Dennis R. Holmes announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Jeffery Leo Larvie, age 39, was indicted on February 1, 2022. He appeared before U.S. Magistrate Judge Veronica L. Duffy on February 4, 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 Larvie, 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 September 22, 2021, and February 1, 2022.
The charge is merely an accusation and Larvie 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.
Larvie was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for April 12, 2022.
Wagner Woman Charged with Assault with a Dangerous Weapon and Felony Child AbuseRead the Press Release
United States Attorney Dennis R. Holmes announced that a Wagner, South Dakota, woman has been indicted by a federal grand jury for two counts of Assault with a Dangerous Weapon and one count of Felony Child Abuse.
Tina Sully, age 51, was indicted on February 1, 2022. She appeared before U.S. Magistrate Judge Veronica L. Duffy on February 3, 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 up to $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between November 26, 2017, and May 23, 2021, Sully unlawfully assaulted a minor female victim who had not attained the age of 18, with a belt and a hanger.
The Indictment also alleges that during the same period of time as stated above, Sully abused, exposed, tortured, tormented, and cruelly punished the same victim.
The charges are merely accusations and Sully is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, the Charles Mix County Sheriff’s Office, and the Yankton Sioux Law Enforcement. Assistant U.S. Attorney Ann M. Hoffman is prosecuting the case.
Sully was released on bond pending trial, which has been set for April 12, 2022.
Nebraska Man Charged with Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Dennis R. Holmes announced that a Newcastle, Nebraska, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Joseph Ross Burks, age 40, was indicted on February 1, 2022. He appeared before U.S. Magistrate Judge Veronica L. Duffy on February 3, 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 between May 22, 2021, and July 27, 2021, Burks, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under state law, and having traveled in interstate commerce, failed to register and update his registration.
The charge is merely an accusation and Burks is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Ann M. Hoffman is prosecuting the case.
Burks was returned to State Custody pending trial, which has been set for April 12, 2022.
Winner Woman Sentenced for Meth TraffickingRead the Press Release
United States Attorney Dennis R. Holmes announced that a Winner, South Dakota, woman convicted of Conspiracy to Distribute Methamphetamine was sentenced on February 3, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.
Amber Heth, age 34, was sentenced to 37 months in federal prison, followed by three years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Heth was indicted by a federal grand jury on December 8, 2020. She pled guilty on November 1, 2021.
The conviction stemmed from a conspiracy wherein Heth was involved with others, including her sister, to distribute over 50 grams or more of methamphetamine in and around Winner, South Dakota.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force and the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Heth was immediately turned over to the custody of the U.S. Marshals Service.
St. Francis Man Sentenced for Assault with a Dangerous WeaponRead the Press Release
United States Attorney Dennis R. Holmes announced that a St. Francis, South Dakota, man convicted of Assault With a Dangerous Weapon was sentenced on February 3, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.
Koty Arcoren, age 30, was sentenced to 28 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.
Arcoren was indicted by a federal grand jury on April 13, 2021. He pled guilty on October 28, 2021.
The conviction stemmed from an incident that occurred on March 7, 2021, in St. Francis, wherein Arcoren approached a man who was sitting in a parked car and confronted him. Arcoren then produced a large knife and swung it at the man. The man raised his arm to protect himself and Arcoren cut the man’s finger with the knife.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Arcoren was immediately turned over to the custody of the U.S. Marshals Service.
Faulkton Man Sentenced for Meth TraffickingRead the Press Release
United States Attorney Dennis Holmes announced that a Faulkton, South Dakota, man convicted of Conspiracy to Distribute Methamphetamine was sentenced on February 3, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.
Frank Daniel Facinelli, age 50, was sentenced to 60 months in federal prison, followed by four years of supervised release, a fine in the amount of $1,000, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Facinelli was indicted by a federal grand jury on February 8, 2021. He pled guilty on November 4, 2021.
The conviction stemmed from a conspiracy beginning no later than October 1, 2020, wherein Facinelli was involved with others outside of South Dakota to distribute 50 grams or more of methamphetamine in and around Faulkton, South Dakota.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, the U.S. Postal Inspection Service, the South Dakota Division of Criminal Investigation, and the Faulk County Sheriff’s Office. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Facinelli was immediately turned over to the custody of the U.S. Marshals Service.
White River Man Sentenced for Third Degree BurglaryRead the Press Release
United States Attorney Dennis R. Holmes announced that a White River, South Dakota, man convicted of Third Degree Burglary was sentenced on February 2, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.
Kurt Bartlett, age 28, was sentenced to time served from his arrest on July 9, 2020, through March 3, 2022, equal to approximately 20 months in custody, followed by three years of supervised release, a special assessment to the Federal Crime Victims Fund in the amount of $100, and $6,275.52 in restitution.
Bartlett was indicted by a federal grand jury on February 8, 2021. He pled guilty on November 14, 2021.
The conviction stemmed from an incident that occurred in the early morning hours of July 9, 2021, in Mission, South Dakota, wherein Bartlett broke into and burglarized the Todd County School District Bus Shop. Bartlett used a pickup truck that was parked in the shop to break open a garage door and an outside gate. He then stole a Chevrolet Suburban that was parked in the shop and drove away. Bartlett and the Suburban were located later that day by Mellette County Sheriff’s Office Deputies in White River. Bartlett was arrested on an outstanding warrant for a state parole violation. He was questioned and admitted to stealing the Suburban.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services, the Mission Police Department, and the Mellette County Sheriff’s Office. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Bartlett was immediately turned over to the custody of the U.S. Marshals Service.
St. Francis Man Sentenced for Child AbuseRead the Press Release
United States Attorney Dennis R. Holmes announced that a St. Francis, South Dakota, man convicted of Child Abuse was sentenced on February 3, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.
Jeremy Iron, a/k/a Jeremy Red Tomahawk, age 37, was sentenced to 16 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.
Iron was indicted by a federal grand jury on March 9, 2021. He pled guilty on October 29, 2021.
The conviction stemmed from an incident that occurred on September 9, 2020, in Todd County, South Dakota, wherein Iron argued with a 15-year-old girl and then assaulted her by pulling her hair and bending her fingers back.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Iron was immediately turned over to the custody of the U.S. Marshals Service.
Milbank Man Sentenced on Meth ChargeRead the Press Release
United States Attorney Dennis R. Holmes announced that a Milbank, South Dakota, man convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on February 2, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.
Delvin Eagle Chasing, a/k/a Delvin Baumgarten, age 36, was sentenced to 36 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.
Eagle Chasing was indicted by a federal grand jury on May 11, 2021. He pled guilty on November 11, 2021.
The conviction stemmed from a traffic stop that occurred on January 12, 2021, on the Cheyenne River Sioux Indian Reservation in South Dakota. An eventual search of the vehicle revealed 37 grams of methamphetamine, a Schedule II controlled substance.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Eagle Chasing was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Woman Sentenced for Sex Trafficking of a ChildRead the Press Release
United States Attorney Dennis R. Holmes announced that a Sioux Falls, South Dakota, woman convicted of Sex Trafficking of a Child was sentenced on January 31, 2022, by U.S. District Judge Karen E. Schreier.
Melanie Joyce Hollingsworth, age 37, was sentenced to 210 months in federal prison, followed by 10 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Hollingsworth was indicted by a federal grand jury on February 2, 2021. She pled guilty on October 15, 2021.
The conviction stemmed from incidents between January 11, 2020, and October 10, 2020, when Hollingsworth sex trafficked a minor female. Hollingsworth knowingly and intentionally recruited the juvenile female to engage in commercial sexual acts with men in the Sioux Falls area. Hollingsworth communicated with customers using her cellular telephone, sending text messages and calling them to arrange the sexual acts. Hollingsworth received money for the commercial sexual acts in the form of cash and Western Union wire transfers.
This case was investigated by the Sioux Falls Police Department, Federal Bureau of Investigation, and the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Hollingsworth was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Indicted for Assaulting a Federal OfficerRead the Press Release
United States Attorney Dennis R. Holmes announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Travis Peneaux, age 46, was indicted on December 14, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 1, 2022, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to eight 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 that on November 14, 2021, in Todd County, South Dakota, Peneaux did assault, oppose, impede, intimidate, and interfere with a law enforcement officer who was employed by the Rosebud Sioux Tribe, and that such conduct involved physical contact.
The charge is merely an accusation and Peneaux is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Peneaux was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for March 22, 2022.
Long Valley Man Indicted on Kidnapping and Assault ChargesRead the Press Release
United States Attorney Dennis R. Holmes announced that a Long Valley, South Dakota, man has been indicted by a federal grand jury for Kidnapping, Assault on a Federal Officer, and Assault with a Dangerous Weapon.
Eric Blue Bird, age 30, was indicted on January 20, 2022. He appeared before U.S. Magistrate Judge Daneta Wollmann on January 21, 2022, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is life in federal prison and/or a $250,000 fine, five years of supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on January 16, 2022, in Pine Ridge, Blue Bird kidnapped and assault a federal law enforcement officer. The charges are merely an accusation and Blue Bird is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.
Blue Bird was detained pending trial. A trial date has been set for March 29, 2022.
Fort Thompson Woman Indicted for AssaultRead the Press Release
United States Attorney Dennis Holmes announced that a Fort Thompson, South Dakota, woman has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Marvel Dion, age 36, was indicted on March 9, 2020. She appeared before U.S. Magistrate Judge Mark A. Moreno on February 1, 2022, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to eight 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 that on February 1, 2020, in Fort Thompson, Dion attempted to flee out of the back of a house and began striking an officer after being informed she was being placed under arrest.
The charge is merely an accusation and Dion is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs – Office of Justice Services, Lower Brule Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Dion was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Eagle Butte Woman Indicted for AssaultRead the Press Release
United States Attorney Dennis R. Holmes announced that an Eagle Butte, South Dakota, woman has been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury.
Toni Carole Cochran, age 26, was indicted on January 11, 2022. She appeared before U.S. Magistrate Judge Mark A. Moreno on February 1, 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, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on November 3, 2021, in Dewey County, South Dakota, Cochran assaulted a woman and that assault resulted in serious bodily injury.
The charge is merely an accusation and Cochran is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Carl Thunem is prosecuting the case.
Cochran was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rapid City Individuals Charged with Drug and Firearm CrimesRead the Press Release
United States Attorney Dennis R. Holmes announced that two Rapid City, South Dakota, people have been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person.
Amber Ashlin, age 33, and Eugene Perez, age 42, were indicted on January 20, 2022. They appeared before U.S. Magistrate Judge Daneta Wollmann on January 26, 2022, and pled not guilty to the Indictment.
The penalty upon conviction is a mandatory minimum of ten years up to life in federal prison and/or a $10,000,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge stems from Ashlin and Perez conspiring with each other and others to distribute methamphetamine in Deadwood and Rapid City between January 2018 and December 2021. Both are previously convicted felons who are prohibited from possessing firearms and were illegally in possession of semi-automatic pistols in September 2021. The charges are merely an accusation and Ashlin and Perez are 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 Unified Narcotics Enforcement Team (UNET), which is comprised of law enforcement from the Pennington County Sheriff’s Office, Rapid City Police Department, South Dakota Division of Criminal Investigation, and the South Dakota National Guard. Assistant U.S. Attorney Benjamin Patterson is prosecuting the case.
Ashlin and Perez were detained pending trial. A trial date has not been set.
Rosebud Man and Woman Indicted for Kidnapping, Assault, and Tampering ChargesRead the Press Release
United States Attorney Dennis R. Holmes announced that a Rosebud, South Dakota, man and woman have been indicted by a federal grand jury for Kidnapping, Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, Tampering with a Victim, and Evidence Tampering.
Russell Eagle Bear, age 39, and Cleo Kills In Water, age 39, were indicted on January 20, 2022. Eagle Bear appeared before U.S. Magistrate Judge Mark A. Moreno on January 21, 2022, and Kills In Water appeared before U.S. Magistrate Judge Mark A. Moreno on January 27, 2022. Both 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 between December 6, 2021, and December 7, 2021, in Mellette County, South Dakota, Eagle Bear and Kills In Water kidnapped and held a man and woman against their will and assaulted both the man and woman with a dangerous weapon; the assault against the male resulted in serious bodily injury. Eagle Bear and Kills In Water further destroyed evidence of their crime and made threats to both victims in an attempt to prevent them from reporting their actions to law enforcement.
The charges are merely accusations and Eagle Bear and Kills In Water are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Abby Roesler is prosecuting the case.
Eagle Bear and Kills In Water were remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Yankton Man Found Guilty of Possession of Child PornographyRead the Press Release
United States Attorney Dennis R. Holmes announced that Matthew Carter, age 31, of Yankton, South Dakota, was found guilty of Possession of Child Pornography as a result of a federal jury trial in Sioux Falls, South Dakota.
The charges carry a maximum penalty of 20 years in federal prison and/or a $250,000 fine, life of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Carter was indicted by a federal grand jury on May 4, 2021.
While Carter was in jail in January 2021, he called his dad and directed him to retrieve some property that Carter hid above the ceiling tile in his bathroom. An officer listening to the jail call went to Carter’s residence and found a computer hard drive above the ceiling tile. Forensic examination of the hard drive revealed 60 video files containing child pornography.
This case was investigated the Yankton Police Department, the South Dakota Division of Criminal Investigation, and Homeland Security Investigations. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
A presentence investigation was ordered and a sentencing date has not been set. The defendant was remanded to the custody of the U.S. Marshals Service.
Colorado Man Sentenced to 10 Years’ Imprisonment for Conspiracy to Commit Perjury by Threatening a Witness in Murder TrialRead the Press Release
United States Attorney Dennis R. Holmes announced that a Lakewood, Colorado, man convicted of Subornation of Perjury and Conspiracy to Commit Subornation of Perjury was sentenced on January 21, 2022, by Judge Karen E. Schreier, U.S. District Court.
Jason Patrick Baca, age 35, was sentenced to five years in federal prison on each count, to run consecutively, followed by three years of supervised release, and was ordered to pay a $200 special assessment to the Federal Crime Victims Fund.
Baca was indicted by a federal grand jury on May 21, 2019, and pleaded guilty on December 22, 2021. The conviction stems from Baca threatening a material witness and dissuading the witness from testifying truthfully in the September 2021 jury trial for the 2016 assault and shooting death of Vincent Von Brewer III.
The investigation was conducted by the Federal Bureau of Investigation. Assistant U.S. Attorneys Sarah Collins and Benjamin Patterson prosecuted the case.
Baca was immediately remanded to the custody of the U.S. Marshals Service.
Rosebud Man Indicted for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Dennis R. Holmes announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Jesse James Leader Charge, age 26, was indicted on September 14, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 21, 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, mandatory minimum five years of supervised release, up to life, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between May 6, 2021, and September 14, 2021, in the District of South Dakota, Leader Charge, 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 his registration.
The charge is merely an accusation and Leader Charge is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Abby Roesler is prosecuting the case.
Leader Charge was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Parmelee Man Charged with Sexual AbuseRead the Press Release
United States Attorney Dennis R. Holmes announced that a Parmelee, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse of a Minor.
Hehaka Thunder Hawk, age 38, was indicted on November 9, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 21, 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, any term of years, not less than five years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between September 1, 2020, and September 30, 2020, in the District of South Dakota, Thunder Hawk knowingly engaged in, and attempted to engage in, a sexual act with a minor female.
The charge is merely an accusation and Thunder Hawk is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Abby Roesler is prosecuting the case.
Thunder Hawk was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Jury Finds Mission Man Guilty of Illegally Possessing FirearmsRead the Press Release
United States Attorney Dennis R. Holmes announced that Patrick Medearis, age 38, of Mission, South Dakota, was found guilty of Prohibited Person in Possession of a Firearm as a result of a federal jury trial in Pierre, South Dakota.
The charge carries a maximum penalty of 10 years in federal prison and/or a $250,000 fine, three years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Medearis was indicted by a federal grand jury on July 16, 2020. The conviction stems from an incident that occurred on April 22, 2020, in Todd County, South Dakota. On that date, law enforcement was searching for Medearis based on an alleged domestic violence incident that occurred the previous day, wherein he was suspected of possessing a firearm. Medearis was located at a residence south of Mission. When law enforcement arrived, Medearis attempted to flee in a vehicle. He was subsequently apprehended, and a .22 caliber long rifle and a 12-gauge shotgun were located in the passenger seat of the vehicle.
Medearis has three prior felony convictions. He was convicted of Conspiracy to Distribute and Possess With Intent to Distribute a Controlled Substance in U.S. District Court in 2006. He was convicted of Child Abuse and Neglect in U.S. District Court in 2010. He was convicted of Assaulting, Resisting, and Impeding a Federal Officer in U.S. District Court in 2017. As a result of these convictions, it is illegal for Medearis to possess firearms or ammunition. Medearis will forfeit ownership of the firearms to the United States.
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 Kirk Albertson prosecuted the case.
A presentence investigation was ordered, and a sentencing date has not yet been set. Medearis was remanded to the custody of the U.S. Marshals Service pending sentencing.
Sioux Falls Man Indicted for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Dennis R. Holmes announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Cletus Gerald Williams, III, a/k/a C.J. Williams, age 25, was indicted on January 11, 2022. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 14, 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, five years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Williams was convicted of Sexual Abuse of a Minor in April 2017. As a result of this conviction, he is required to register as a sex offender. It is alleged that between October 28, 2021, and January 4, 2022, Williams, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under Federal Law, failed to properly register as a sex offender and update his registration.
The charge is merely an accusation and Williams is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Williams was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Howard Man Charged with Production of Child PornographyRead the Press Release
United States Attorney Dennis R. Holmes announced that a Howard, South Dakota, man has been indicted by a federal grand jury for Production of Child Pornography.
Lee James Thames, age 26, was indicted on January 4, 2022. He appeared before U.S. Magistrate Judge Veronica L. Duffy on January 11, 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 $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between on or about March 16, 2021, and April 29, 2021, Thames knowingly employed, used, persuaded, induced, enticed, and coerced a minor to engage in sexually explicit conduct for the purpose of producing visual depictions of such conduct, knowing that such depictions would be transported in interstate or foreign commerce or mailed, and such visual depictions would be produced using materials that had been mailed, shipped, and transported in interstate and foreign commerce, including by computer.
The charge is merely an accusation and Thames is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Division of Criminal Investigation. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Thames was remanded to the custody of the U.S. Marshals Service pending trial which has been set for March 22, 2022.
Two Kyle Men Charged in 2016 Murder on the Pine Ridge ReservationRead the Press Release
United States Attorney Dennis R. Holmes announced that two Kyle, South Dakota, men have been charged in federal court with First Degree Murder.
Stetson Eagle Elk, age 28, was charged on January 12, 2022, and Gary Little Bull, Jr., age 29, was charged on January 13, 2022. They appeared before U.S. Magistrate Judge Daneta Wollmann on January 14, 2022, and pled not guilty to the charges.
The maximum penalty upon conviction is mandatory life 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 Eagle Elk and Little Bull shooting and killing Todd Little Bull in August 2016 in Kyle. The charges are merely an accusation and Eagle Elk and Little Bull are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Benjamin Patterson is prosecuting the case.
Eagle Elk and Little Bull were detained pending a preliminary hearing on the charges.
St. Francis Man Indicted for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Dennis R. Holmes announced that a St. Francis, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Tanner Kills Enemy, age 23, was indicted on January 11, 2022. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 13, 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, five years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that Kills Enemy, a person required to register as a sex offender, knowingly failed to register and update his registration between November 12, 2021, and December 16, 2021, while living in St. Francis on the Rosebud Sioux Indian Reservation.
The charge is merely an accusation and Kills Enemy is presumed innocent until and less proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Kills Enemy was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Sioux Falls Men Charged with Possession of a Stolen Firearm and Drug User in Possession of a FirearmRead the Press Release
United States Attorney Dennis R. Holmes announced that two Sioux Falls, South Dakota, men have been indicted by a federal grand jury for Possession of a Stolen Firearm and Drug User in Possession of a Firearm.
Harry Nyemah, age 18, and Ebenezer Jatenaw, age 18, were indicted on January 4, 2022. They both appeared before U.S. Magistrate Judge Veronica L. Duffy on January 12, 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, three years of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about December 14, 2021, Nyemah and Jatenaw were found in possession of a stolen firearm, a Rock River Arms LAR 15, 5.56x45mm NATO Caliber, semi-automatic pistol, which had been previously shipped and transported in interstate and foreign commerce. Nyemah is also alleged to be an unlawful user of a controlled substance in possession of a firearm.
The charges are merely accusations and Nyemah and Jatenaw are presumed innocent until and unless proven guilty.
The investigation is being conducted by Homeland Security Investigations and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Nyemah and Jatenaw were released on bond pending trial which has been set for March 22, 2022.
Kyle Man Indicted on Child Pornography ChargesRead the Press Release
United States Attorney Dennis R. Holmes announced that a Kyle, South Dakota, man has been indicted by a federal grand jury for Sexual Exploitation of Minors and Possession of Child Pornography.
Shayne Justin Begay, age 44, was indicted on December 21, 2021. He appeared before U.S. Magistrate Judge Daneta Wollmann on December 29, 2021, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is a mandatory minimum of 15 up to 30 years in federal prison and/or a $250,000 fine, lifetime supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Begay filming minor females while they showered at the Juvenile Detention Center in Kyle, South Dakota, where he was employed as a corrections officer. The charges are merely an accusation and Begay is presumed innocent until and unless proven guilty.
The investigation is a joint effort between the Federal Bureau of Investigation and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.
Begay was released on conditions pending trial. A trial date has been set for March 8, 2022.
Winner Man Indicted for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Dennis R. Holmes announced that a Winner, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Arvin Brave Bird, age 52, was indicted on January 11, 2022. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 13, 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, five years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Brave Bird was convicted of Abusive Sexual Contact in April 2017. As a result of this conviction, he is required to register as a sex offender. It is alleged that between December 2, 2021, and December 16, 2021, Brave Bird, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under Federal Law, failed to properly register as a sex offender and update his registration.
The charge is merely an accusation and Brave Bird is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Brave Bird was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
U.S. Attorney’s Office Collects over $9.3 Million in Civil and Criminal Actions in Fiscal Year 2021Read the Press Release
United States Attorney Dennis R. Holmes announced that the District of South Dakota collected $9,315,964.19 in criminal and civil actions in FY 2021. Of this amount, $4,224,092.52 was collected in criminal actions and $5,091,871.67 was collected in civil actions.
The District of South Dakota periodically works with the Civil Division in Washington D.C. In FY 2021, South Dakota shared in the collection of $10,499,321.88 in Health Care Fraud matters, resulting in a shared total amount of $15,591,193.55.
Of the total collections in criminal actions, $3,933,092.26 was recovered for the victims of crime. The remaining amount, $291,000.26, was sent to the Crime Victims Fund. This fund distributes money collected to federal and state victim compensation and victim assistance programs.
Additionally, the District of South Dakota, working with partner law enforcement agencies and divisions, collected $44,629 in asset forfeiture in FY 2021. These funds are used, in part, to restore funds to crime victims.
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.
Texas Man and Nebraska Woman Charged with Second Degree Murder, Assault Resulting in Serious Bodily Injury, and Assault with a Dangerous WeaponRead the Press Release
United States Attorney Dennis R. Holmes announced that a Plano, Texas, man, and a Niobrara, Nebraska, woman have been indicted by a federal grand jury for Second Degree Murder, Assault Resulting in Serious Bodily Injury, and Assault with a Dangerous Weapon.
Alexis Delarosa, age 31, and Justina Tuttle, age 37, were indicted on September 8, 2021. Tuttle appeared before U.S. Magistrate Judge Veronica L. Duffy on December 16, 2021, and Delarosa appeared before U.S. Magistrate Judge Veronica L. Duffy on January 10, 2022. They both pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in federal prison and/or a $250,000 fine, up to five years of supervised release, and up to $400 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about December 21, 2020, both Delarosa and Tuttle murdered George Cournoyer, Jr. and aided and abetted each other in doing so. The Indictment also alleges that Delarosa assaulted Cournoyer with a hammer, and that Tuttle assaulted Cournoyer with a baseball bat.
The charges are merely accusations and Delarosa and Tuttle are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and Yankton Sioux Law Enforcement. Assistant U.S. Attorney Ann M. Hoffman is prosecuting the case.
Delarosa was returned to State custody and Tuttle was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for March 15, 2022.
Rapid City Man Sentenced for Failure to Register as Sex OffenderRead the Press Release
United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on January 7, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.
Sonny Ray Escarsega, a/k/a Sonny Ray Ruiz, age 39, was sentenced to 20 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.
Escarsega was indicted by a federal grand jury on October 14, 2020. He pled guilty on October 14, 2021.
Escarsega was convicted of Aggravated Sexual Abuse in July 2003. As a result of this conviction, he is required to register as a sex offender. On August 7, 2020, Escarsega updated his sex offender registration to reflect that he was residing at an address in Rapid City. Escarsega subsequently failed to reside at his registered address and absconded from federal supervised release. Between August 10, 2020, and October 14, 2020, Escarsega failed to properly register as a sex offender and update his registration.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Escarsega was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Failure to Register as Sex OffenderRead the Press Release
United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on January 6, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.
Roy Brushbreaker, III, age 27, was sentenced to time served through April, 25, 2022, equal to approximately nine 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.
Brushbreaker was indicted by a federal grand jury on August 19, 2021. He pled guilty on September 30, 2021.
Brushbreaker was convicted of Abusive Sexual Contact in April 2019. As a result of this conviction, he is required to register as a sex offender and to update his registration within three business days of relocation or changing employment. On May 10, 2021, Brushbreaker moved out of his registered address in Rapid City and thereafter failed to update his registration. His whereabouts were unknown until he was arrested in Rapid City on July 22, 2021.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Brushbreaker was immediately turned over to the custody of the U.S. Marshals Service.