District of South Dakota
Press releases recorded for this federal judicial district.
New York Man Charged with Failing to Pay over Payroll TaxesRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Stony Point, New York, man was charged in federal district court with ten counts of Failure to Withhold, Properly Account For, and Pay Over Tax.
Asher Wagh, age 45, was charged on February 21, 2021. Wagh appeared before U.S. Magistrate Judge Daneta Wollmann on July 21, 2021, and pleaded not guilty to the charges. The maximum penalty upon conviction is 5 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Wagh, while co-owner of Captech International LLC, collecting payroll taxes but willingly failing to pay over the taxes to the Internal Revenue Service between 2015 and 2017. The charges are merely an accusation and Wagh is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Internal Revenue Service- Criminal Investigation. Assistant U.S. Attorney Benjamin Patterson is prosecuting the case.
Wagh was released pending trial. A trial date has not been set.
Rapid City Man Sentenced on Firearm ChargeRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man convicted Possession of a Firearm by a Prohibited Person was sentenced by Jeffrey L. Viken, U.S. District Judge.
Kyle Martin, age 29, was sentenced on July 12, 2021, to 22 months in federal prison, followed by 3 years of supervised release, and was ordered to pay a $100.00 special assessment to the Federal Crime Victims Fund.
The conviction stems from Martin, who is a previously convicted felon and prohibited from possessing firearms, being found in possession of a Smith & Wesson, model 581, .357 Magnum caliber, double-action revolver, which was found after Martin came into contact with law enforcement in March 2020 in Rapid City.
This case is part of Project Safe Neighborhood (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, Firearms, Tobacco, and Explosives, and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Martin was immediately remanded to the custody of the U.S. Marshals Service.
New Jersey Man Indicted on Child Pornography ChargesRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Middletown, New Jersey, man has been indicted by a federal grand jury for Receipt of Child Pornography and Possession of Child Pornography.
James W. Williams, age 26, was indicted on May 20, 2021. Williams appeared before U.S. Magistrate Judge Daneta Wollmann on July 16, 2021, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in federal prison and/or a $250,000 fine, up to lifetime supervised release, and $100 to the Federal Crime Victims Fund for each charge. Restitution may also be ordered.
The charges relate to Williams receiving and possessing computer images of child pornography between November 2019 and December 2020 in South Dakota. The charges are merely accusations and Williams is presumed innocent until and unless proven guilty.
The investigation is a joint effort between Homeland Security Investigations, the South Dakota Division of Criminal Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Heather Sazama is prosecuting the case.
Williams was released on bond pending trial. A trial date has been set for September 21, 2021.
Two Minnesota Men Sentenced for Meth Trafficking ConspiracyRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Worthington, Minnesota, man and an Albert Lea, Minnesota, man convicted of Conspiracy to Distribute a 500 Grams or More of Methamphetamine, were sentenced by U.S. District Judge Lawrence L. Piersol.
Quentin L. Guyton, age 33, was sentenced on January 5, 2021, to 120 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.
Ojulu Omot, a/k/a “Al,” age 27, was sentenced on July 16, 2021, to 132 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.
Guyton and Omot were indicted by a federal grand jury on February 4, 2020. Guyton pled guilty on October 13, 2020, and Omot pled guilty on April 29, 2021.
The conviction stemmed from incidents beginning on an unknown date until on or about February 4, 2020, in the District of South Dakota, when Guyton and Omot knowingly and intentionally combined, conspired, confederated, and agreed together with each other, and others known and unknown, to intentionally distribute 500 grams or more of a mixture and substance containing methamphetamine. Methamphetamine is a Schedule II controlled substance.
Guyton and Omot joined in an agreement or understanding to distribute methamphetamine. They knew the purpose of the agreement or understanding and they could foresee that the quantity of mixture or substance containing methamphetamine exceeded 500 grams.
During the course of the conspiracy, Guyton supplied Omot for the purpose of reselling it in South Dakota and elsewhere.
This case was investigated by the Sioux Falls Police Department, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the U.S. Drug Enforcement Administration, and the Buffalo Ridge Drug Task Force in southwestern Minnesota. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
Guyton and Omot were immediately turned over to the custody of the U.S. Marshals Service following their respective sentencings.
Spring Creek Man Sentenced for Methamphetamine DistributionRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Spring Creek, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance, was sentenced on July 19, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Charles Little Elk III, a/k/a Charlie Little Elk, age 38, was sentenced to 63 months in federal prison, followed by 4 years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Little Elk was indicted by a federal grand jury on July 16, 2020. He pled guilty on April 6, 2021.
The conviction stemmed from a conspiracy that occurred between January 2017 and January 2019. During this time, Little Elk conspired with several others to distribute between 350 and 500 grams of methamphetamine on the Rosebud Sioux Indian Reservation in central South Dakota.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Meghan N. Dilges prosecuted the case.
Little Elk was immediately remanded to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced for Distribution of a Controlled Substance Resulting in Death or Serious Bodily InjuryRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Sioux Falls, South Dakota, man convicted of Distribution of a Controlled Substance Resulting in Death or Serious Bodily Injury was sentenced on July 12, 2021, by U.S. District Judge Karen E. Schreier.
Ignacio Joaquim Veytia, age 24, was sentenced to 240 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.
Veytia was indicted by a federal grand jury on October 6, 2020. He pled guilty on April 21, 2021.
The conviction stemmed from an incident on or about June 18, 2019, when Veytia, knowingly and intentionally distributed fentanyl and said fentanyl resulted in the serious bodily injury of a victim. The victim smoked the fentanyl provided by Veytia and sustained an overdose, which was reversed by the administration of Narcan. Fentanyl is a Schedule II controlled substance.
This case was investigated by the Sioux Falls Police Department and Homeland Security Investigations. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
Veytia was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Charged with Transportation of Child Pornography and Receipt and Distribution of Child PornographyRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Transportation of Child Pornography and Distribution of Child Pornography.
Spencer Peter Goth, age 23, was indicted on July 7, 2021. He appeared before U.S. Magistrate Judge Veronica L. Duffy on July 21, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 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 Indictment alleges that between April 12, 2018, and December 29, 2020, Goth knowingly transported child pornography using any means, including by computer and using the internet. Goth uploaded graphic image and video files depicting one or more minors in sexually explicit conduct into his Dropbox account.
The Indictment also alleges that between May 1, 2017, and May 13, 2021, Goth knowingly received and distributed, and attempted to distribute any child pornography that had been mailed, shipped, and transported in or affecting interstate or foreign commerce by any means, including by computer.
The charges are merely accusation and Goth is presumed innocent until and unless proven guilty.
The investigation is being conducted by the South Dakota Division of Criminal Investigation and the Homeland Security Investigations. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Goth was released on bond pending trial. A trial date has not been set.
Rosebud Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Rosebud, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on July 19, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Moses Left Hand Bull, age 29, was sentenced to 22 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Left Hand Bull was indicted by a federal grand jury on October 14, 2020. He pled guilty on May 17, 2021.
Left Hand Bull was convicted of Aggravated Sexual Abuse of a Minor in September 2009. 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. In June 2020, Left Hand Bull was released from custody and began a period of supervised release. He thereafter failed to register and update his registration.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Left Hand Bull was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced to 12 Years in Federal Prison on Robbery ChargeRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man convicted of Interference with Commerce by Robbery and Use and Brandishing of a Firearm During the Commission of a Crime of Violence was sentenced by Jeffrey L. Viken, U.S. District Judge.
Shannon Larive, age 27, was sentenced on July 12, 2021, to 12 years in federal prison, followed by 5 years of supervised release, and was ordered to pay a $200 special assessment to the Federal Crime Victims Fund.
Between March 16, 2020, and March 21, 2020, Larive and his co-defendants were involved in the armed robbery of three casinos in Rapid City and one attempted armed robbery. During each armed robbery, Larive brandished a firearm and demanded money from an employee of the casino. Those employees, fearing injury, complied with the demands and gave the cash from the register to Larive. Larive and his co-defendants would then flee the scene. Larive was later apprehended by law enforcement following a vehicle and foot pursuit. Officers recovered dozens of .22 caliber rounds of ammunition from Larive’s vehicle, as well as a .22 caliber pistol that Larive had discarded during the foot pursuit.
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, Firearms, Tobacco, and Explosives, and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Larive was immediately remanded to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced on Firearm ChargeRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced by Jeffrey L. Viken, U.S. District Judge.
Keanu Dillon, age 29, was sentenced on July 19, 2021, to 3 years in federal prison, followed by 3 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
The conviction stems from Dillon, a previously convicted felon who is prohibited from possessing firearms, being in possession of a Taurus, model 856, .38 Special caliber, double-action revolver, which was found after Dillon came into contact with law enforcement in Rapid City in April 2020.
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, Firearms, Tobacco, and Explosives, and the Black Hills Fugitive Taskforce. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Dillon was immediately remanded to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Assault with a Dangerous Weapon and Failure to Register as a Sex OffenderRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Rapid City, South Dakota, man convicted of Assault With a Dangerous Weapon and Failure to Register as a Sex Offender was sentenced on July 19, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Patrick Luke Black Spotted Horse, age 32, was sentenced to 84 months in federal prison, followed by 3 years of supervised release, for Assault With a Dangerous Weapon. He was sentenced to 27 months in federal prison, followed by 5 years of supervised release, for Failure to Register as a Sex Offender. The sentences will be served concurrently. Black Spotted Horse was also ordered to pay a special assessment to the Federal Crime Victims Fund in the amount of $200.
Black Spotted Horse was indicted by a federal grand jury on August 11, 2022. He pled guilty on May 3, 2021.
The conviction for Assault With a Dangerous Weapon stemmed from an incident that occurred in Norris, South Dakota, on June 14, 2020. On that date, Black Spotted Horse was consuming alcoholic beverages and socializing with a group of individuals that included the victim, an adult male. Black Spotted Horse and the victim got into an argument, at which point Black Spotted Horse produced a knife and stabbed the victim in the chest. He then fled the scene.
Black Spotted Horse was convicted of Sexual Abuse of a Minor in March 2010. 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. Between 2013 and 2018, Black Spotted Horse was convicted of Failure to Register as a Sex Offender on four separate occasions. In January 2020, Black Spotted Horse was released from custody and began a period of supervised release. He initially registered and resided at a residence in Rapid City. In April 2020, he moved from his registered address, but did not update his registration. His whereabouts were unknown until his arrest on June 14, 2020.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Black Spotted Horse was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Woman Sentenced for Assault by Striking, Beating, or WoundingRead the Press Release
Acting United States Attorney Dennis Holmes announced that an Eagle Butte, South Dakota, woman convicted of Assault by Striking, Beating, or Wounding was sentenced on July 19, 2021, by U.S. Magistrate Judge Mark A. Moreno.
Leilih Smart, age 33, was sentenced to 12 months in federal prison, to be followed by 12 months of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $25.
Smart was indicted by a federal grand jury on February 13, 2019. She pled guilty on April 8, 2021.
The conviction stemmed from an incident that occurred on December 31, 2018, in Eagle Butte. The Defendant wounded a 22-month-old child by holding the child’s hands under running tap water, which was between 139- and 150-degrees Fahrenheit. The child suffered extensive bilateral burns on his wrists and hands.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Smart was ordered to self-report to the custody of the U.S. Marshals Service by August 18, 2021.
Eagle Butte Man Sentenced for RobberyRead the Press Release
Acting United States Attorney Dennis Holmes announced that an Eagle Butte, South Dakota, man convicted of Robbery was sentenced on July 19, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Colton White Feather, age 26, was sentenced to 52 months in federal prison, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100. The dollar amount of restitution was left open for 60 days.
White Feather was indicted by a federal grand jury on January 12, 2021. He pled guilty on April 26, 2021.
The conviction stemmed from an incident that occurred on December 24, 2020. White Feather entered a convenience store in Eagle Butte wearing a black baseball cap, a grey hoodie sweatshirt pulled up over his head, a dark blue bandana across his face, jeans, and white tennis shoes. The combination of the hoodie pulled up over his head, the baseball cap, and the bandana covered much of his face. White Feather was brandishing a knife. White Feather went behind the counter, grabbed one of the store clerks, and yelled at him to open the cash register. The clerk complied and backed away. White Feather grabbed money out of the cash register. He also demanded cigarettes, which were put on the counter by a clerk and taken by White Feather. White Feather then ran out of the store.
This case was investigated by Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
White Feather was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for Failure to AppearRead the Press Release
Acting United States Attorney Dennis Holmes announced that an Eagle Butte, South Dakota, man convicted of Failure to Appear was sentenced on July 19, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Coren Clown, age 29, was sentenced to 18 months in federal prison, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Clown was indicted by a federal grand jury on March 10, 2021. He pled guilty on April 26, 2021.
The conviction stemmed from an incident that occurred on February 2, 2021. Clown failed to appear for his jury trial on a charge of Sexual Abuse of a Person Incapable of Consent.
This case was investigated by the United States Marshals Service. Assistant U.S. Attorney Jay Miller prosecuted the case.
Clown was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Indicted on Firearm ChargesRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Prohibited Person in Possession of a Firearm.
Tahlon Ducheneaux, age 28, was indicted on July 13, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 19, 2021, 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on March 23, 2021, in Eagle Butte, Ducheneaux, knowing he was a convicted felon, did knowingly possess a firearm.
The charge is merely an accusation and Ducheneaux 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 Cheyenne River Sioux Tribe and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Ducheneaux was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Eagle Bute Man Sentenced for Assault by Striking, Beating, or WoundingRead the Press Release
Acting United States Attorney Dennis Holmes announced that an Eagle Butte, South Dakota, man convicted of Assault by Striking, Beating, or Wounding was sentenced on July 19, 2021, by U.S. Magistrate Judge Mark A. Moreno.
Gordon Blue Arm Sr., age 66, was sentenced to 12 months in federal prison, with no supervised release to follow, and a special assessment to the Federal Crime Victims Fund in the amount of $25.
Blue Arm was indicted by a federal grand jury on August 11, 2020. He pled guilty on July 19, 2021.
The conviction stemmed from an incident that occurred on February 27, 2020, in Eagle Butte. The Defendant assaulted a man by striking the man multiple times in the face and arm with a walking stick, causing fractures to his face, jaw, and lower arm.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Blue Arm was immediately turned over to the custody of the U.S. Marshals Service.
Todd County Man Indicted for Assaulting a Federal OfficerRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Todd County, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Alejandro Santistevan, age 21, was indicted on September 9, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 16, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 8 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on May 18, 2020, in Todd County, South Dakota, Santistevan did assault, oppose, impede, intimidate, and interfere with two law enforcement officers who were employed by the Rosebud Sioux Tribe, and that such conduct involved physical contact.
The charges are merely accusations and Santistevan 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.
Santistevan was released on bond pending trial. A trial date has been set for August 31, 2021.
New Mexico Woman Sentenced for Meth TraffickingRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Questa, New Mexico, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on July 15, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Holly Swallow, age 42, was sentenced to 54 months in federal prison, five years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims fund in the amount of $100.
Swallow was indicted by a federal grand jury on June 11, 2019. She pled guilty on April 26, 2021.
Between 2016 and 2019, in the states of South Dakota, New Mexico, and Colorado, Swallow knowingly and intentionally conspired with others to distribute methamphetamine. She supplied between 500 grams and 1,500 grams of the drug to individuals on the Rosebud Sioux Indian Reservation in South Dakota.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services, the Northern Plains Safe Trails Drug Enforcement Task Force, and the Federal Bureau of Investigation. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Swallow was immediately remanded to the custody of the U.S. Marshals Service.
Waubay Man Sentenced for Possession of a Firearm by a Prohibited PersonRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Waubay, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on July 12, 2021, by U.S. District Judge Charles B. Kornmann.
Levi Ambrose Locke, age 29, was sentenced to 36 months in federal prison, three years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Locke was indicted by a federal grand jury on January 12, 2021. He pled guilty on April 12, 2021.
The conviction stemmed from an incident on or about October 2, 2020, when Locke, who had previously been convicted of a crime punishable by imprisonment for a term exceeding one year and was also an unlawful user of a controlled substance, possessed a Sturm Ruger .22 long rifle, semi-automatic rifle, which had been shipped and transported in interstate and foreign commerce.
Locke knew he was prohibited from owning firearms due to his previous conviction.
This case was investigated by the Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.
Locke was immediately turned over to the custody of the U.S. Marshals Service.
Watertown Man Sentenced for Making and Subscribing a False Tax ReturnRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Watertown, South Dakota, man convicted of Making and Subscribing a False Tax Return was sentenced on July 12, 2021, by U.S. District Judge Charles B. Kornmann.
Dean Minnerath, age 70, was sentenced to 30 months in federal prison, one year of supervised release, $50,000 fine, restitution in the amount of $1,358, 990, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
An Information was filed on December 30, 2020 and Minnerath pled guilty to that information on January 8, 2021.
The conviction resulted from the filing of his 2014 Individual Income Tax Return. Minnerath, who owned and operated Discount Seeds, Inc., understated his income by claiming personal expenses as business expenses. Investigation of his financial records indicated Minnerath failed to include over $1,000,000 in income he received and therefore owed additional income tax of $404,445. As part of a plea agreement with the government, Minnerath agreed to pay additional income tax he owed for tax years 2009 through 2013. By the time of the sentencing hearing, Minnerath paid $1,358,990 in income tax.
This case was investigated by the Internal Revenue Service. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Minnerath has been allowed to self-surrender to the U.S. Marshals Service by August 3, 2021.
St. Francis Man Sentenced for Meth Trafficking ConspiracyRead the Press Release
Acting United States Attorney Dennis Holmes announced that a St. Francis, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance (methamphetamine) was sentenced on July 12, 2021, by U.S. District Judge Karen E. Schreier.
Darius Adrian Two Eagle, age 29, was sentenced to 360 months in federal prison, five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Two Eagle was indicted by a federal grand jury on October 6, 2020. He pled guilty on March 29, 2021.
The conviction stemmed from incidents beginning on an unknown date and continuing until approximately October 2020, when Two Eagle, along with at least one other person reached an agreement or came to an understanding to distribute 500 grams or more of a mixture of a substance containing methamphetamine in the District of South Dakota. Methamphetamine is a Schedule II controlled substance.
This case was investigated by the South Dakota Division of Criminal Investigation, the Sioux Falls Area Drug Task Force, and the U.S. Drug Enforcement Administration. Special Assistant U.S. Attorney Tamara Nash prosecuted the case.
Two Eagle was immediately turned over to the custody of the U.S. Marshals Service.
Sisseton Man Sentenced for Abusive Sexual Contact of a ChildRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Sisseton, South Dakota, man convicted of Abusive Sexual Contact of a Child was sentenced on July 12, 2021, by U.S. District Judge Charles B. Kornmann.
Okokipe Jones, age 47, was sentenced to 200 months in federal prison, 10 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Jones was indicted by a federal grand jury on September 1, 2020. He pled guilty on April 20, 2021.
The conviction stemmed from incidents on or about July 1, 2010, and continuing through on or about July 31, 2010, when Jones knowingly engaged in, and attempted to engage in, sexual contacts with a young female victim. Jones, by using force, intentionally touched, either directly or through the clothing, the victim’s genitalia, anus, groin, breast, inner thigh, and buttocks.
At the time of the sexual contact, Jones was approximately 36 years old and the victim was under 12 years of age.
Jones is an enrolled member of the Sisseton-Wahpeton Oyate Sioux Tribe. The sexual assault occurred in Roberts County, State and District of South Dakota, within the exterior boundaries of the Lake Traverse Reservation. Jones and the victim resided together in the same household at the time.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.
Jones was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Charged with Production of Child PornographyRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Production of Child Pornography.
Robert Eugene Stefani, age 45, was indicted on July 7, 2021. He appeared before U.S. Magistrate Judge Veronica L. Duffy on July 12, 2021 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 on or about June 22, 2019, Stefani, knowingly employed, used, persuaded, induced, enticed, and coerced a juvenile female to engage in sexually 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.
The charge is merely an accusation and Stefani 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.
Stefani were released on bond pending trial. A trial date has not been set.
Peever Man Sentenced for Abusive Sexual ContactRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Peever, South Dakota, man convicted of Abusive Sexual Contact was sentenced on July 12, 2021, by U.S. District Judge Charles B. Kornmann.
David George Derby, age 24, was sentenced to 36 months in federal prison, 10 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Derby was indicted by a federal grand jury on August 17, 2020. He pled guilty on April 12, 2021.
The conviction stemmed from an incident on or about April 11, 2020, when Derby knowingly engaged in, and attempted to engage in, a sexual contact with his 17-year old female cousin. The victim was incapable of appraising the nature of the conduct and was physically incapable of declining participation in and communicating her unwillingness to engage in the sexual contact, and Derby was aware of the victim’s incapacity. Derby also knew the victim was his cousin.
Derby and the victim consumed alcoholic beverages, and the victim became intoxicated. Derby perpetrated the sexual contact knowing the victim was vulnerable and unable to give her consent to the sexual contact.
Derby was approximately 23 years old at the time of the offense. He is an enrolled member of the Sisseton-Wahpeton Oyate Sioux Tribe. The sexual contact occurred within the exterior boundaries of the Lake Traverse Reservation.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.
Derby was immediately turned over to the custody of the U.S. Marshals Service.
Parmelee Man Indicted for Assaulting a Federal OfficerRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Parmelee, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Odell Good Shield, age 33, was indicted on May 11, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 14, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 8 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on March 17, 2021, in Todd County, South Dakota, Good Shield did assault, oppose, impede, intimidate, and interfere with a law enforcement officer who was employed by the Rosebud Sioux Tribe Law Enforcement Services, and that such conduct involved physical contact.
The charge is merely an accusation and Good Shield 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.
Good Shield was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for August 31, 2021.
Mission Woman Indicted for Methamphetamine TraffickingRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Mission, South Dakota, woman has been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance.
Mareca Rodriquez, age 29, was indicted on April 13, 2021. She appeared before U.S. Magistrate Judge Mark A. Moreno on July 13, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 40 years in federal prison and/or a $5,000,000 fine, a lifetime of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on March 3, 2021, in Mission, South Dakota, Rodriquez knowingly possessed approximately 329 grams of methamphetamine with intent to distribute it.
The charge is merely an accusation and Rodriquez is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Rodriquez was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Mission Woman Indicted for Failure to AppearRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Mission, South Dakota, woman has been indicted by a federal grand jury for Failure to Appear.
Tera Jo Larvie, age 28, was indicted on June 8, 2021. She appeared before U.S. Magistrate Judge Mark A. Moreno on July 14, 2021, 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on May 18, 2021, Larvie failed to appear for her jury trial for Second Degree Burglary and Larceny.
The charge is merely an accusation and Larvie is presumed innocent until and unless proven guilty.
The investigation is being conducted by the United States Marshals Service. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Larvie was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Mission Man Indicted for Threatening a Federal OfficerRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Influencing a Federal Officer by Threat.
Donovan Jace Oakie, age 33, was indicted on July 13, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 14, 2021, 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on June 30, 2021, in Todd County, South Dakota, Oakie threatened to assault and murder a law enforcement officer who was employed by the United States Marshals Service.
The charge is merely an accusation and Oakie is presumed innocent until and unless proven guilty.
The investigation is being conducted by the United States Marshals Service, the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Oakie was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
California Man Sentenced to Four Years Imprisonment for Meth Trafficking ConspiracyRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Mexican national who had been living in southern California, who pleaded guilty to Conspiracy to Distribute a Controlled Substance in South Dakota was sentenced on July 9, 2021 by U.S. District Court Judge Jeffrey L. Viken.
Uzziel Alejandro Carillo-Rojas, age 34, was sentenced to four years in federal prison, followed by three years supervised release, and a $100 special assessment to the Federal Crime Victims Fund, restitution.
Uzziel Alejandro Carillo-Rojas was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on December 8, 2020. He pleaded guilty on February 19, 2021.
From approximately June 2019 to December 2020, Carillo-Rojas obtained methamphetamine in California and transported it to South Dakota for further distribution. Carillo-Rojas was to receive compensation for transporting the methamphetamine. On November 11, 2020, Carillo-Rojas and a codefendant arrived in South Dakota to deliver 10 pounds of methamphetamine and were subsequently stopped and arrested by law enforcement.
This case was investigated by the Unified Narcotics Enforcement Team (UNET), Drug Enforcement Administration, and Homeland Security Investigations. UNET is comprised of law enforcement from the Pennington County Sheriff’s Office, the Rapid City Police Department, South Dakota Division of Criminal Investigation, South Dakota Highway Patrol, and the South Dakota National Guard. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Uzziel Alejandro Carillo-Rojas was immediately returned to the custody of the U.S. Marshals Service.
Box Elder Man Sentenced to Federal Prison for Receiving and Possessing Child PornographyRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Box Elder, South Dakota, man convicted of Receipt of Child Pornography and Possession of Child Pornography was sentenced on July 8, 2021, by Judge Jeffrey L. Viken, U.S. District Court.
As to the charge of Receipt of Child Pornography, Christopher Lee Golden, age 51, was sentenced to just over 8 years in federal prison, 10 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. Golden was likewise sentenced to just over 8 years in federal prison, 10 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund for the charge of Possession of Child Pornography. The time to be served in federal prison and supervised release are to run concurrently.
Golden was indicted for the charges by a federal grand jury in October 2018. He was found guilty of the charges following a bench trial in Rapid City on January 19, 2021.
The charges related to Golden knowingly receiving and possessing sexually explicit images of minor females between June 2014 and September 2018. Golden was arrested in Rapid City in 2018 on a Colorado fugitive warrant for sexual exploitation of a child. At the time of his arrest, Golden had five devices containing child pornography and multiple devices on which he had installed data shredding applications and other anonymizing software.
This case was investigated by the South Dakota Internet Crimes Against Children Task Force, the Pennington County Sheriff’s Office, the Meade County Sheriff’s Office, and members of the Black Hills Fugitive Task Force. Assistant U.S. Attorney Heather Sazama prosecuted the case.
Golden was immediately turned over to the custody of the U.S. Marshals Service.
20-Year Prison Sentence for Agency Village Man Convicted of Sex Offense Involving ChildrenRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that an Agency Village, South Dakota, man convicted of Abusive Sexual Contact was sentenced on July 12, 2021, by U.S. District Judge Charles B. Kornmann.
Kevin Lee Farmer, age 58, was sentenced to 240 months in federal prison, life of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Farmer was indicted by a federal grand jury on July 20, 2020. He pled guilty on April 12, 2021.
The conviction stemmed from incidents between on or about June 1, 2016, and on or about December 31, 2016, when Farmer knowingly engaged in, and attempted to engage in, sexual contacts with a young female victim. Farmer, using force, intentional touched, either directly or through the clothing, the victim’s genitalia, anus, groin, breast, inner thigh, and buttocks.
At the time of the sexual contact, Farmer was approximately 54 years old and the victim was under 12 years of age. The sentencing judge also found that he sexually abused other children. He is an enrolled member of the Sisseton-Wahpeton Oyate Sioux Tribe. Farmer and the victim resided together in the same household.
This case was investigated by the Sisseton Wahpeton Tribal Law Enforcement Criminal Investigations Division and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.
Farmer was immediately turned over to the custody of the U.S. Marshals Service.
Pine Ridge Man Found Guilty of Meth Trafficking ConspiracyRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that Wicahpe “Chops” Milk, age 37, of Wanblee, South Dakota, was found guilty of Conspiracy to Distribute a Controlled Substance, Possession of a Firearm by a Prohibited Person, and Obstruction of Justice following a five-day federal jury trial in Rapid City, South Dakota. The verdict was returned on July 2, 2021.
The conspiracy charge carries a mandatory minimum penalty of 10 years in federal prison, and a maximum penalty of life imprisonment and/or a $10,000,000 fine, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. The other charges each carry a penalty of up to 10 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Wicahpe “Chops” Milk was indicted by a federal grand jury on September 20, 2016. Milk was released from federal custody in January 2015 and soon after began obtaining methamphetamine in California. He arranged for the methamphetamine to be transported to South Dakota for further distribution. Eventually Milk began transporting the methamphetamine himself and selling it in South Dakota to his network of distributors. On August 17, 2016, law enforcement stopped Milk’s vehicle and located methamphetamine and a firearm. Due to a prior felony conviction, Milk was prohibited from possessing a firearm. After his arrest, Milk engaged in extensive witness tampering efforts in an attempt to influence the testimony of witnesses.
This case was investigated by the Badlands Safe Trails Drug Enforcement Task Force, which is comprised of agents from the Federal Bureau of Investigation, 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. Further investigation was also conducted by the Pennington County Sheriff’s Office and the Bureau of Alcohol, Tobacco, and Firearms. Assistant U.S. Attorneys Kathryn N. Rich and Gina Nelson prosecuted the case.
A presentence investigation was ordered and a sentencing date was set for October 1, 2021. The defendant was remanded to the custody of the U.S. Marshals Service.
Los Angeles Man Indicted for Larceny, Resisting Federal Officer, and Child AbuseRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Los Angeles, California, man has been indicted by a federal grand jury for Larceny, Assaulting, Resisting, and Impeding a Federal Officer, and Child Abuse.
Julio Salvador Guevara, age 35, was indicted on July 17, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 8, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is ten 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. Restitution may also be ordered.
The Indictment alleges that in January 2018, Guevara stole a pickup truck and fled from several law enforcement officers on the Cheyenne River Sioux Indian Reservation. Guevara had two minor children in the stolen pickup during the chase, which involved speeds in excess of 85 miles per hour over washboard-style roads. Guevara was arrested after he stopped the pickup instead of driving over tire spikes placed on the road.
The charges are merely accusations and Guevara is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services, the Ziebach County Sheriff’s Office, and the Haakon County Sheriff’s Office. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Guevara was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Texas Man Sentenced in Federal Court for Failure to Register as a Sex OffenderRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Texas man convicted of failure to register as a sex offender was sentenced on June 28, 2021, by U.S. District Judge Charles B. Kornmann.
Rene Alvarez DeLeon, Jr., age 45, was sentenced to 30 months in federal prison, followed by five years of supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund.
DeLeon was indicted for failure to register as a sex offender by a federal grand jury on March 2, 2021. He pled guilty to on May 11, 2021.
According to court documents, in April 2020, DeLeon, a person required to register under the Sex Offender Registration and Notification Act, knowingly failed to register and update his registration. He is a sex offender by reason of a conviction for sexual assault of a child under the laws of the State of Texas, and he traveled in interstate commerce, and having entered, left, and resided in Indian country, while failing to register or update his registration.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Jeremy Jehangiri prosecuted the case.
DeLeon was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced to Federal Prison for Firearm and Drug ChargesRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Rapid City man convicted of Possession of a Firearm by a Prohibited Person, Possession with Intent to Distribute a Controlled Substance, and Possession of a Firearm in Furtherance of Drug Trafficking Crime was sentenced on June 24, 2021, by Judge Jeffrey L. Viken, U.S. District Court.
Jonathan Blacksmith, age 45, was convicted by a jury of all five charges and was sentenced to a total of 16 years and three months in federal prison. Blacksmith was also sentenced to four years of supervised released and was ordered to pay a total of $500 in special assessments to the Federal Crime Victims Fund.
Evidence at trial established Blacksmith, knowing he was a convicted felon, possessed a Glock 9mm pistol in Kyle on February 17, 2017, and a .40 caliber pistol in Rapid City in January 2017. Blacksmith distributed 50 grams or more of methamphetamine in Kyle in February 2017. In January 2017, Blacksmith distributed methamphetamine in Rapid City while in possession of the .40 caliber pistol.
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 is also part of Project Guardian, the Department of Justice's signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department's past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/opa/pr/attorney-general-william-p-barr-announces-launch-project-guardian-nationwide-strategic-plan.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Bureau of Indian Affairs Division of Drug Enforcement, the Oglala Sioux Tribe Department of Public Safety, the Pennington County Sheriff’s Office, the Rapid City Police Department, and the Unified Narcotics Enforcement Team (“UNET”), which is a local drug task force comprised of various agencies. Assistant U.S. Attorney Eric Kelderman prosecuted and tried the case.
Blacksmith was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Charged with Unlawful Possession of Unregistered FirearmRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man was charged in federal district court with Possession of a Firearm by a Prohibited Person and Possession of an Unregistered Firearm.
Cory Marshall, age 42, was charged on June 17, 2021. Marshall appeared before U.S. Magistrate Judge Daneta Wollmann on June 23, 2021, and pleaded not guilty to the charges. The maximum penalty upon conviction is 10 years in federal prison and/or a $250,000 fine, three years of supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Marshall, previously convicted of a felony and prohibited from possessing firearms, possessing an unregistered, illegally shortened Remington Arms, 12-gauge, pump-action shotgun, which was found after Marshall came into contact with Pennington County Sheriff’s deputies in April 2021. The charges are merely an accusation and Marshall is presumed innocent until and unless proven guilty.
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 is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Benjamin Patterson is prosecuting the case.
Marshall was detained pending trial. A trial date has not been set.
Rapid City Man Charged with Unlawful Possession of Unregistered FirearmRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man was charged in federal district court with Possession of a Firearm by a Prohibited Person and Possession of an Unregistered Firearm.
Toby Acevedo, age 50, was charged on March 18, 2021. Acevedo appeared before U.S. Magistrate Judge Daneta Wollmann on June 23, 2021, and pleaded not guilty to the charges. The maximum penalty upon conviction is 10 years in federal prison and/or a $250,000 fine, three years of supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Acevedo, previously convicted of a felony and prohibited from possessing firearms, possessing an unregistered, illegally shortened Mossberg International semi-automatic rifle, which was found after Acevedo came into contact with Rapid City Police officers in July 2020. The charges are merely an accusation and Acevedo is presumed innocent until and unless proven guilty.
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 is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian
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.
Acevedo was detained pending trial. A trial date has not been set.
Rapid City Man Charged with Unlawful Possession of FirearmRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man was charged in federal district court with Possession of a Firearm by a Prohibited Person.
Waylon Loefer, age 42, was charged on June 17, 2021. Loefer appeared before U.S. Magistrate Judge Daneta Wollmann on June 23, 2021, and pleaded not guilty to the charge. The maximum penalty upon conviction is 10 years in federal prison and/or a $250,000 fine, three years of supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Loefer, previously convicted of a felony and prohibited from possessing firearms, possessing a Taurus, .40 Smith & Wesson caliber, semi-automatic pistol, which was found after Loefer came into contact with Rapid City Police officers in February 2021. The charge is merely an accusation and Acevedo is presumed innocent until and unless proven guilty.
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 is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian
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.
Loefer was detained pending trial. A trial date has not been set.
Box Elder Man Pleads Not Guilty to Aggravated Sexual AbuseRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Box Elder, South Dakota, man has been indicted by a federal grand jury for three counts of Aggravated Sexual Abuse and one count of Abusive Sexual Contact.
Ricardo Edward Franc Olandez, age 34, was indicted on June 17, 2021. He appeared before U.S. Magistrate Judge Daneta Wollmann on June 28, 2021, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is lifetime imprisonment and/or a $250,000 fine, up to life of supervised release, and a $400 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Olandez forcing a juvenile female to engage in sexual acts with him between April 1, 2021, and May 14, 2021, on the Ellsworth Air Force Base.
The charges are merely accusations and Olandez is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Department of the U.S. Air Force Office of Special Investigations. Assistant U.S. Attorney Heather Sazama is prosecuting the case.
Olandez was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for September 7, 2021.
Wagner Man Convicted of Abusive Sexual Contact of a Child Under 12 Years OldRead the Press Release
Acting United States Attorney Dennis Holmes announced that Frank Sanchez, age 66, of Wagner, South Dakota, was found guilty of one count of Abusive Sexual Contact, and was acquitted of one count of Aggravated Sexual Abuse and one count of Abusive Sexual Contact as a result of a federal jury trial in Sioux Falls, South Dakota.
The charge of conviction carries a maximum penalty of 10 years in federal prison and/or a $250,000 fine, up to life of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Sanchez was indicted by a federal grand jury on December 3, 2019.
The conviction stems from an incident between June 1, 2006, and September 1, 2006, when Sanchez engaged in sexual contact with a female minor who had not attained the age of 12 years. The incident occurred while they were living with relatives in the Marty, South Dakota, area.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.
A presentence investigation was ordered. The defendant was remanded to the custody of the U.S. Marshals Service.
Rosebud Man Indicted on Drug and Firearm ChargesRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute Cocaine and Marijuana and Prohibited Person in Possession of Firearm.
Blade Ryan Marshall, age 24, was indicted on October 7, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 21, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in federal prison and/or a $1,000,000 fine, three years of supervised release, and $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between January 2017 and March 2018, the Defendant conspired with others to distribute cocaine and marijuana on the Rosebud Indian Reservation. The Indictment further alleges that on January 16, 2018, the Defendant, who is a drug user, was in possession of several firearms.
The charges are merely accusations and Marshall is presumed innocent until and unless proven guilty.
Drug trafficking is an inherently violent activity. Firearms are tools of the trade for drug dealers. It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.
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 is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force, the Rosebud Sioux Tribe Law Enforcement Services, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Marshall was released on bond pending trial. A trial date has not been set.
Pine Ridge Man Indicted for Stealing Fuel TruckRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Pine Ridge, South Dakota, man has been indicted by a federal grand jury for Interstate Transportation of a Stolen Vehicle.
Cole Brewer, age 29, was indicted on May 20, 2021. He appeared before U.S. Magistrate Judge Daneta Wollmann on June 16, 2021, and pleaded not guilty to the Indictment. The penalty upon conviction is 10 years in federal prison and/or a $250,000 fine, three years supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Brewer stealing a Freightliner fuel truck from Hay Springs, Nebraska, in June 2020, and transporting it across the state line. The charge is merely an accusation and Brewer is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Oglala Sioux Tribe Department of Public Safety and Sheridan County Sheriff’s Department. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Brewer was detained pending trial. A trial date has not been set.
Milbank Man Indicted on Drug ChargeRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Milbank, South Dakota, man has been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance.
Delvin Eagle Chasing, a/k/a Delvin Baumgarten, age 35, was indicted on May 11, 2021. He appeared before U.S. Magistrate Judge Veronica L. Duffy on June 25, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in prison and/or a $1,000,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund for each Count. Restitution may also be ordered.
The Indictment alleges that on January 12, 2021, in Eagle Butte, South Dakota, Eagle Chasing did knowingly and intentionally possess with intent to distribute a mixture or substance containing a detectable amount of methamphetamine.
The charge is merely an accusation and Eagle Chasing is presumed innocent until and unless proven guilty.
The investigation is being conducted 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 is prosecuting the case.
Eagle Chasing was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Cherry Creek Man Convicted by Federal Jury for Assault and Tampering with EvidenceRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that Samuel Francis White Horse, age 33, of Cherry Creek, South Dakota, was found guilty of Assault by Striking, Beating, or Wounding and Tampering with Evidence as a result of a three-day federal jury trial in Pierre, South Dakota. White Horse was acquitted of charges of aiding and abetting Second Degree Murder, Voluntary Manslaughter, Assault with a Dangerous Weapon, and Assault Resulting in Serious Bodily Injury. The verdict was returned on June 24, 2021.
The conviction carries a maximum sentence of 20 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. Restitution may also be ordered.
White Horse was indicted by a federal grand jury on March 9, 2020.
The jury found that on February 12, 2020, White Horse assaulted a man, who crashed his vehicle into White Horse’s yard while suffering from a medical emergency, by punching him in the head. Jerome White Horse, Jr., the defendant’s father, also used a garden hoe to strike the victim in the head multiple times. The victim died several days later after suffering from significant bleeding in his brain. Jerome White Horse, Jr., pled guilty to and was convicted of Voluntary Manslaughter. After witnessing his father beat the victim with the garden hoe, the defendant took control of the weapon and hid it under the front porch of his home to conceal it from law enforcement. The garden hoe was recovered during the execution of a search warrant a couple days later, and found by the South Dakota Forensic Laboratory to have the victim’s DNA on the blade and Jerome White Horse, Jr.’s DNA on the handle.
The investigation was conducted by the Federal Bureau of Investigation, the Cheyenne River Sioux Tribe Law Enforcement Services, and the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Sentencing was scheduled for September 20, 2021. White Horse was immediately remanded to the custody of the U.S. Marshals Service after the jury announced its verdict.
Arkansas Man Charged with Failure to Register as a Sex OffenderRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Sulfur Springs, Arkansas, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Jeffrey Alan Mosal, age 44, was indicted on April 6, 2021. He appeared before U.S. Magistrate Judge Veronica L. Duffy on June 23, 2021 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 Mosal, 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 January 30, 2020, and April 6, 2021.
The charge is merely an accusation and Mosal 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.
Mosal was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Pine Ridge Man Found Not Guilty of Sexual Abuse of a MinorRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Pine Ridge man was acquitted of two counts of Sexual Abuse and two counts of Sexual Abuse of a Minor following a federal jury trial in Rapid City, South Dakota, on June 11, 2021.
Leon Janis, age 37, was indicted by a federal grand jury on May 21, 2019.
The investigation was conducted by the Federal Bureau of Investigation and the Oglala Sioux Tribe Department of Public Safety.
Martin Woman Indicted for Meth Trafficking and Firearm OffenseRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Martin, South Dakota, woman has been indicted by a federal grand jury for Conspiracy to Distribute Methamphetamine and Possession of a Firearm by a Prohibited Person.
Carly Shott, age 23, was indicted on September 9, 2020. She appeared before U.S. Magistrate Judge Mark A. Moreno on June 17, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 40 years in federal prison and/or a $5,000,000 fine, a lifetime of supervised release, a $100 special assessment to the Federal Crime Victims Fund, and forfeiture of a firearm. Restitution may also be ordered.
The Indictment alleges that between 2018 and 2019, Shott knowingly and intentionally conspired with others to distribute 50 grams or more of methamphetamine in South Dakota. Further, on August 30, 2019, Shott possessed a handgun at a hotel in Eagle Butte, South Dakota, while being a user of methamphetamine.
The charges are merely accusations and Shott is presumed innocent until and unless proven guilty.
Drug trafficking is an inherently violent activity. Firearms are tools of the trade for drug dealers. It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.
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.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services, the Northern Plains Safe Trails Drug Enforcement Task Force, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Shott was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rapid City Men Sentenced for Drug ConspiracyRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that two Rapid City, South Dakota, men convicted of Conspiracy to Distribute a Controlled Substance were sentenced by Jeffrey L. Viken, U.S. District Court.
Thomas Janis, age 36, was sentenced on May 27, 2021, to 12 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.
Frank Janis, age 38, was sentenced on June 7, 2021, to time served, two years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
The Janis brothers were indicted by a federal grand jury in January 2020. The charge related to Thomas Janis using the internet to purchase boxes of Tramadol pills from various locations outside the United States. Janis then distributed these shipments of multiple blister packs of Tramadol pills to individuals in the District of South Dakota between 2017 and 2020. One of these individuals was his brother, Frank Janis, who paid Thomas for each box of blister packs. Thomas then sold the Tramadol pills and kept the remaining profits for himself. Thomas Janis distributed at least 40,000, but less than 80,000 pills, and Frank Janis distributed at least 16,000, but less than 40,000 pills, during the course of the conspiracy.
This case was investigated by Homeland Security Investigations; U.S. Postal Inspection Service; U.S. Department of the Interior - Bureau of Indian Affairs; and the Unified Narcotics Enforcement Team (“UNET”), a local drug task force comprised of agencies including the South Dakota Department of Criminal Investigation. U.S. Attorney Heather Sazama prosecuted the case.
Thomas Janis was ordered to self-surrender to the custody of the U.S. Marshals Service on June 16, 2021.
Rapid City Man Indicted on Child Pornography ChargesRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man was charged in federal district court with Receipt of Child Pornography and Possession of Child Pornography.
Kenneth Larson, age 54, was indicted on May 20, 2021. Larson appeared before U.S. Magistrate Judge Daneta Wollmann on June 9, 2021, and pleaded not guilty to the charges. The maximum penalty upon conviction is a mandatory minimum of five up to 20 years in federal prison and/or a $250,000 fine, up to lifetime supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Larson receiving and possessing computer images of child pornography at Rapid City between April 2015 and November 2020. The charges are merely an accusation and Larson is presumed innocent until and unless proven guilty.
The investigation is a joint effort between Homeland Security Investigations, South Dakota Division of Criminal Investigation, Rapid City Police Department, and the Pennington County Sheriff’s office. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.
Larson was released on conditions pending trial. A trial date has been set for August 17, 2021.
Little Eagle Man Indicted for Aggravated Sexual Abuse of ChildRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Little Eagle, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child and Abusive Sexual Contact with a Child.
Holden Cole Thompson, age 30, was indicted on June 8, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 15, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is life in federal prison and/or a $250,000 fine, life on supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between 2014 and 2019 in Little Eagle, Thompson sexually abused and molested a child who had not attained the age of 12 years.
The charges are merely accusations and Thompson is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Thompson was released on bond pending trial. A trial date has not been set.