District of South Dakota
Press releases recorded for this federal judicial district.
Rapid City Man Sentenced to 12.5 Years for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man who pled guilty to Conspiracy to Distribute a Controlled Substance was sentenced on November 16, 2020, by U.S. District Court Judge Jeffrey L. Viken.
Christopher Bell, age 26, was sentenced to a total of 12.5 years in federal prison, followed by five years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
From approximately September 2019 to April 2020, Bell obtained and distributed methamphetamine in the Rapid City area.
This case was investigated by the Unified Narcotics Enforcement Team (UNET), Drug Enforcement Agency, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. UNET is comprised of law enforcement from the Pennington County Sheriff’s Office, the Rapid City Police Department, South Dakota Division of Criminal Investigation, and the South Dakota National Guard. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Bell was immediately returned to the custody of the U.S. Marshals Service.
Minnesota Woman Sentenced for Meth Trafficking ConspiracyRead the Press Release
United States Attorney Ron Parsons announced that a St. Cloud, Minnesota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on November 23, 2020, by U.S. District Judge Charles B. Kornmann.
Sybil Maria Rogers, age 46, was sentenced to 151 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.
Rogers was indicted by a federal grand jury on April 4, 2018. She pled guilty on August 17, 2020.
The conviction stemmed from incidents beginning at an unknown date and continuing until about July 30, 2016, when Rogers knowingly and intentionally conspired and agreed with others to distribute 500 grams or more of methamphetamine. During her involvement in the conspiracy, Rogers obtained the methamphetamine from a co-conspirator and sold it to others in South Dakota. Methamphetamine is a Schedule II controlled substance.
This case was investigated by the South Dakota Division of Criminal Investigation, the Federal Bureau of Investigation, and the Minnesota Bureau of Criminal Apprehension. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
Rogers was immediately turned over to the custody of the U.S. Marshals Service.
St. Francis Man Sentenced for Abusive Sexual ContactRead the Press Release
United States Attorney Ron Parsons announced that a St. Francis, South Dakota, man convicted of Abusive Sexual Contact was sentenced on November 30, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Abraham Joseph Crane, a/k/a Abraham Joseph Pretty Voice, a/k/a Sam Crane, age 65, was sentenced to time served through January 5, 2021, equal to approximately 18 months in custody, 10 years of supervised release, $1,462.71 in restitution, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Crane was indicted by a federal grand jury on May 14, 2019. He pled guilty on September 14, 2020.
The conviction stemmed from an incident that occurred between August 1, 2018, and November 16, 2018, in Todd County, South Dakota, wherein Crane did knowingly engage in sexual contact with a person who was incapable of appraising the nature of the conduct.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Crane was immediately turned over to the custody of the U.S. Marshals Service.
Parmelee Man Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a Parmelee, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on November 30, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Aaron Brian James Neck, age 44, was sentenced to 10 months in federal prison, followed by two years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Neck was indicted by a federal grand jury on October 16, 2019. He pled guilty on September 14, 2020.
The conviction stemmed from an incident that occurred on August 29, 2019, near Norris, South Dakota, when Neck did forcibly assault and interfere with a law enforcement officer who was employed by the Rosebud Sioux Tribe Law Enforcement Services, and such conduct did involve physical contact.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Michael J. Elmore prosecuted the case.
Neck was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Woman Sentenced for Maintaining a Drug Involved PremisesRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, woman convicted of Maintaining a Drug Involved Premises was sentenced on November 30, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Juanita Red Bird, age 26, was sentenced to a time served sentence of ten days in federal prison, three years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Red Bird was indicted by a federal grand jury on March 10, 2020. She pled guilty to a Superseding Information on September 14, 2020.
The conviction stemmed from Red Bird’s conduct between 2018 and 2019, wherein she used a residence near Eagle Butte to sell marijuana.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trials Drug Enforcement Task Force. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Rapid City Priest Sentenced to 7 Years and 9 Months in Federal Prison for Wire Fraud, Money Laundering, Transportation of Stolen Money, and Filing a False Tax ReturnRead the Press Release
United States Attorney Ron Parsons announced that Marcin Stanislaw Garbacz, age 42, an ordained priest assigned to the Catholic Diocese in Rapid City, South Dakota, was sentenced on November 23, 2020 by Jeffrey L. Viken, U.S. District Judge, on fifty counts of Wire Fraud, nine counts of Money Laundering, one count of Transportation of Stolen Money, and five counts of Making and Subscribing a False Tax Return. Garbacz was convicted in March 2020 following a week-long jury trial at the federal courthouse in Rapid City.
Garbacz was sentenced to 7 years and 9 months in federal prison, to be followed by three years of supervised release. Garbacz was ordered to pay a $6,500 special assessment to the Federal Crime Victims Fund, and $258,696.19 in restitution to be split equally between three churches - St. Therese the Little Flower, Blessed Sacrament, and Cathedral of our Lady of Perpetual Help (OLPH), and $46,008 in restitution to the Internal Revenue Service.
The evidence at trial established Garbacz, while employed as a priest and Chaplin with the Catholic Diocese in Rapid City, devised a scheme to steal cash collected from parishioners at various church services by secretly entering the areas in three parish churches where weekly donations were stored. Garbacz entered the church buildings late in the evening, removing and replacing special, tamper-proof bank bags, and making multiple same-day deposits totaling tens of thousands of dollars of stolen cash donations. Between 2012 and 2018, Garbacz stole $258,696.19 from St. Therese, Blessed Sacrament, and Cathedral OLPH Catholic Parishes in Rapid City. Garbacz also filed false tax returns for tax years 2013 through 2017.
Garbacz used the more than $250,000.00 in stolen donations to purchase for himself over a dozen gold-plated chalices, numerous bronze statues, a $10,000 diamond ring, a grand piano, Mont Blanc fountain pens, and other items.
Once he was made aware of the federal investigation, Garbacz drained his bank account of $50,500 and bought a one-way plane ticket to Poland. Fortunately, he was arrested by federal agents at Seattle-Tacoma International Airport in May 2019 just before his flight was to depart.
“Parishioners put their faith and trust in this man, and in return, he put their money in his pocket, all in the name of selfishness and greed. Marcin Garbacz not only betrayed the parishioners, he betrayed his fellow priests, so he could carry out his vendetta against the Catholic Church,” said U.S. Attorney Parsons. “This office will always stand up and help protect victims of financial fraud, and I appreciate the hard work of the IRS, which worked tirelessly to investigate this case and Garbacz’s criminal behavior.”
“While serving as a priest from 2012 through 2018, Mr. Garbacz violated the trust of the members of St. Therese the Little Flower, Cathedral of Our Lady of Perpetual Help and Blessed Sacrament for his own personal gain. Now, as a convicted felon, it is time for Mr. Garbacz to face his community and pay back the money he stole from the three parishes plus pay 5 years of unpaid federal taxes to the IRS,” said Adam Steiner, Acting Special Agent in Charge of the IRS Criminal Investigation division in the St. Louis Field Office. “IRS Criminal Investigation and the United States Attorney’s Office remain committed to protect the integrity of the tax system and innocent victims that suffer monetary loss.”
Assistant U.S. Attorney Benjamin Patterson prosecuted and tried the case, and the investigation was led by the Internal Revenue Service-Criminal Investigation and the Federal Bureau of Investigation.
Garbacz was immediately remanded to the U.S. Marshals Service to begin serving his custody sentence.
Lower Brule Man Sentenced for Meth TraffickingRead the Press Release
United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, man convicted of Conspiracy to Distribute Methamphetamine was sentenced on November 24, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Philip Battese, a/k/a Philip Anthony Battese, Jr., age 39, was sentenced to 60 months in federal prison, followed by four years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Battese was indicted by a federal grand jury on April 9, 2019. He pled guilty on July 31, 2020.
The conviction stemmed from a conspiracy beginning in at least January 2016, continuing to April 9, 2019, wherein Battese was involved with several others to distribute at least 200 grams of methamphetamine in and around the Lower Brule and Crow Creek Indian Reservations in South Dakota. The individuals who provided Battese with the methamphetamine knew that he intended to engage in further distribution of the methamphetamine.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, the Bureau of Indian Affairs, Office of Justice Services, Crow Creek Agency and Lower Brule Agency, and the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Battese was immediately remanded to the custody of the U.S. Marshals Service.
Fort Thompson Man Sentenced for Aggravated Sexual AbuseRead the Press Release
United States Attorney Ron Parsons announced that a Fort Thompson, South Dakota, man convicted of Aggravated Sexual Abuse was sentenced on November 23, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Roland Hawk, Sr., age 52, was sentenced to 222 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.
Hawk was indicted by a federal grand jury on April 9, 2019. He pled guilty on June 16, 2020.
The conviction stemmed from an incident in November 2018, in Fort Thompson, when Hawk knowingly engaged in and attempted to engage in a sexual act with an individual by the use of force.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Jay Miller prosecuted the case.
Hawk was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Woman Sentenced for AssaultRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, woman convicted of Assault With a Dangerous Weapon was sentenced on November 23, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Chae Lynn LeClaire, age 29, was sentenced to 24 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.
LeClaire was indicted by a federal grand jury on September 10, 2019. She pled guilty on August 10, 2020.
The conviction stemmed from an incident that occurred on July 23, 2019, when LeClaire assaulted an individual with a chair with the intent to do bodily harm.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Michael J. Elmore prosecuted the case.
LeClaire was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for Sexual Exploitation of a Child and Possession of Child PornographyRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man convicted of Sexual Exploitation of a Child and Possession of Child Pornography, was sentenced on November 23, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Dustin Red Legs, age 41, was sentenced to 264 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 $200.
Red Legs was indicted by a federal grand jury on May 14, 2019. He was found guilty by a jury at trial on July 31, 2020.
The conviction stemmed from an incident on September 24, 2018, when Red Legs knowingly used a minor to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct in Eagle Butte, South Dakota. Red Legs further knowingly possessed and attempted to possess material that contained an image of child pornography, which had been mailed and shipped and transported in interstate and foreign commerce.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Jay Miller prosecuted the case.
Red Legs was immediately turned over to the custody of the U.S. Marshals Service.
Colorado Man Indicted on Meth Trafficking and Gun ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Boulder, Colorado, man has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance, Possession with Intent to Distribute a Controlled Substance, and Possession of a Firearm by a Prohibited Person.
James Rutledge, age 49, was indicted on November 10, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 23, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is a mandatory minimum 10 years, up to life in federal prison and/or a $10,000,000 fine, at least five years, up to a lifetime of supervised release, and $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that beginning at a time unknown, but no later than on or about the March 1, 2020, and continuing to on or about November 10, 2020, Rutledge did knowingly and intentionally, combine, conspire, confederate, and agree with persons known and unknown, to knowingly and intentionally distribute and possess with intent to distribute 500 grams or more of methamphetamine in central South Dakota. Further, on or about August 28, 2020, Rutledge did knowingly and intentionally possess with the intent to distribute 50 grams or more of methamphetamine, and then being an unlawful user of a controlled substance, did knowingly possess a handgun, which had been shipped and transported in interstate commerce and foreign commerce.
The charges are merely accusations and Rutlege 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 part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent 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 South Dakota Division of Criminal Investigation, the South Dakota Highway Patrol, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Rutledge was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Colorado Man Indicted for Meth TraffickingRead the Press Release
United States Attorney Ron Parsons announced that a Denver, Colorado, man has been indicted by a federal grand jury for Conspiracy to Distribute Methamphetamine.
Timothy Zuk, age 47, was indicted on August 11, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 23, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is a mandatory minimum 10 years, up to life in prison and/or a $10,000,000 fine, at least five years, up to a lifetime of supervised release, and $100 to the Federal Crime Victims Fund for each Count. Restitution may also be ordered.
The Indictment alleges that beginning at a time unknown but no later than on or about January 1, 2019, and continuing to on or about January 1, 2020, Zuk, did knowingly and intentionally, combine, conspire, confederate, and agree with persons known and unknown, to knowingly and intentionally distribute and possess with intent to distribute 500 grams or more of methamphetamine on the Rosebud Sioux Indian Reservation.
The charge is merely an accusation and Zuk 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 Meghan N. Dilges is prosecuting the case.
Zuk was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Cherry Creek Man Sentenced for ArsonRead the Press Release
United States Attorney Ron Parsons announced that a Cherry Creek, South Dakota, man convicted of Arson was sentenced on November 24, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Joshua Adams Hale, age 30, was sentenced to 42 months in federal prison, followed by three years of supervised release, restitution in the amount of $46,621.20, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Hale was indicted by a federal grand jury on March 9, 2020. He pled guilty on July 27, 2020.
The conviction stemmed from an incident that occurred on January 9, 2020, wherein Hale willfully and maliciously set fire to and burned the chapel of the Church of Jesus Christ of Latter-Day Saints in Cherry Creek. The chapel was completely destroyed by the fire.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Hale was immediately remanded to the custody of the U.S. Marshals Service.
California Man Sentenced for Meth TraffickingRead the Press Release
United States Attorney Ron Parsons announced that a Lancaster, California, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on November 23, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Bryan Howard a/k/a “Chase Profit,” age 32, was sentenced to 262 months in federal prison, followed by 5 years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Howard was indicted by a federal grand jury on March 12, 2019. He pled guilty on February 10, 2020.
The conviction stemmed from incidents between May 1, 2015, and October 31, 2015, when Howard knowingly and intentionally conspired with others to distribute and possess with the intent to distribute 1.5 kilograms or more of methamphetamine in South Dakota.
This case was investigated by the Federal Bureau of Investigation, the Northern Plains Safe Trails Drug Enforcement Task Force, and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Howard was immediately turned over to the custody of the U.S. Marshals Service.
Yankton Man Sentenced for Being a Felon in Possession of a FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Yankton, South Dakota, man convicted of Felon in Possession of a Firearm was sentenced on November 16, 2020, by U.S. District Judge Karen E. Schreier.
Jesse Ray Rains, age 40, was sentenced to 12 months and a day 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.
Rains was indicted by a federal grand jury on January 8, 2019. He pled guilty on August 26, 2020.
The conviction stemmed from an incident on October 17, 2018, when law enforcement executed a lawful search of Rains’ home and discovered several firearms, including a DPMS, Model A-15, 5.56 NATO caliber rifle; a Sturm, Ruger & Company Inc., Model American Rimfire, 17 HMR caliber rifle; a Sturm, Ruger & Company Inc., Model 10/22., .22 caliber rifle; and a Smith & Wesson, Model SD40VE., .40 caliber pistol.
At that time, Rains was prohibited from possessing firearms because he had been previously convicted of one or more crimes punishable by imprisonment exceeding one year.
The seized firearms were manufactured at facilities outside of South Dakota and, thus, were transported across state lines at some point during or before Rains possessed them.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent 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.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Union County Sheriff’s Office. Special Assistant U.S. Attorney Tamara P. Nash prosecuted the case.
Rains was immediately turned over to the custody of the U.S. Marshals Service.
Transient Man Sentenced for Possession of a Firearm by a Prohibited PersonRead the Press Release
United States Attorney Ron Parsons announced that a transient man convicted of Possession of a Firearm by a Prohibited Person was sentenced on November 16, 2020, by U.S. District Judge Karen E. Schreier.
John McDonald, age 43, was sentenced to 28 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.
McDonald was indicted by a federal grand jury on January 7, 2020. He pled guilty on August 27, 2020.
The conviction stemmed from an incident on November 25, 2019, when McDonald knowingly had possession of a Taurus model 709 slim, 9 x 19 Luger caliber, semi-automatic pistol and 4 rounds of Hornady brand ammunition.
On November 25, 2019, the Sioux Falls Police Department was dispatched to a "shots fired" call in Sioux Falls, South Dakota. Subsequently, law enforcement conducted a search of the involved home, and inside, a firearm and ammunition were located. McDonald knew that he was prohibited from possessing firearms because he had been previously convicted of one or more crimes punishable by imprisonment exceeding one year.
The seized firearm was manufactured at facilities outside of South Dakota and, thus, was transported across state lines at some point during or before McDonald’s possession of it.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent 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.
This case was investigated by the Sioux Falls Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Special Assistant U.S. Attorney Tamara P. Nash prosecuted the case.
McDonald was immediately turned over to the custody of the U.S. Marshals Service.
Sisseton Man Sentenced to 26 Months in Federal Prison for Transfer of Obscene Material to a MinorRead the Press Release
United States Attorney Ron Parsons announced that a Sisseton, South Dakota, man was sentenced in federal court on November 12, 2020, for transferring obscene material to a minor. The sentence was imposed by U.S. District Judge Lawrence L. Piersol.
Aydan Sam Kirk, age 23, was sentenced to 26 months of imprisonment, to be followed by 3 years of supervised release. Kirk was also ordered to pay $100 to the Federal Crime Victims Fund.
According to court documents, on or about September 26, 2019, Kirk knowingly used a computer connected to the internet and a mobile phone to transfer and attempt to transfer obscene matter to another individual who was 15 years old. Kirk utilized Facebook and transferred obscene videos and messages to a minor. At the time of the transfer, Kirk knew the general nature of the contents of the material, specifically discussing sexual acts that he wanted to preform on the minor, and he knew that the minor was 15 years old.
The investigation was conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.
Kirk was remanded to custody to serve his sentence.
Sioux Falls and Yankton Men Sentenced to Federal Prison for Interference with Commerce by Threats and Violence and Brandishing Firearm During Crime of ViolenceRead the Press Release
United States Attorney Ron Parsons announced that Sioux Falls and Yankton, South Dakota, men were sentenced in federal court on November 13, 2020, for Interference with Commerce by Threats and Violence and Brandishing a Firearm During a Federal Crime of Violence. The sentence was imposed by United States District Judge Lawrence L. Piersol.
Steven Joseph King, age 30 from Sioux Falls, was sentenced to 9 years of imprisonment, to be followed by 3 years of supervised release. King was also ordered to pay $1,621 in restitution and $200 to the Federal Crime Victims Fund.
Spencer William Brown, Jr., age 51 from Yankton, was sentenced to 6 years of imprisonment, to be followed by 3 years of supervised release. Brown was also ordered to pay $1,621 in restitution and $100 to the Federal Crime Victims Fund.
According to court documents, on or about January 6, 2020, King and Brown robbed a victim from a Hartford business, by unlawfully taking and obtaining U.S. currency against the victim’s will by means of actual and threatened force, violence, and fear of injury immediate and future, by brandishing a firearm, demanding money, and forcibly taking the money.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent 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 was conducted by the Sioux Falls Police Department, Minnehaha County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Connie Larson prosecuted the case.
King and Brown were remanded to custody to serve their sentences.
Sioux Falls Man Sentenced for Theft of Government FundsRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of Theft of Government Funds was sentenced on November 16, 2020, by U.S. District Judge Karen E. Schreier.
Robert Brannon, age 30, was sentenced to 5 years of probation, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Brannon was indicted by a federal grand jury on December 3, 2019. He pled guilty on August 27, 2020.
The conviction stemmed from incidents between on or about October 2015 and February 2019, when Brannon willfully and knowingly embezzled, stole, and purloined money from departments or agencies of the United States, namely, Title XVI program benefits payments made to himself and his wife, which are administered by the United States Social Security Administration (SSA).
In approximately 2009, Brannon was awarded Title XVI supplemental security income (SSI) program benefits payments benefits. He was repeatedly advised of his reporting responsibilities.
In approximately August 2014, Brannon married his wife, who also receives Title XVI SSI program benefits payments. Brannon became his wife’s representative payee and was repeatedly advised of his reporting responsibilities.
On December 15, 2015, Brannon participated in a non-medical review with a Sioux Falls SSA employee regarding both his and his wife’s SSI benefits. During this review, Brannon said that he received no additional income, other than his and his wife’s SSI benefits payments. Once the review was complete, Brannon attested under the penalty of perjury that the information he provided was true and correct to the best of his knowledge. Brannon did not tell the SSA that, in fact, he was employed and earning income.
On November 1, 2018, Brannon and his wife initiated a telephonic non-medical review with a Yankton SSA employee regarding both of their SSI benefits. They did not report any wages. Once the review was complete, they both attested under the penalty of perjury that the information they provided was true and correct to the best of their knowledge. Brannon did not tell the SSA that, in fact, he was employed and earning income.
From approximately October 2015 through February 2019, Brannon was employed by Panera Bread, Billion, Wells Fargo, and Midco. Because Brannon lied to the SSA about his income and failed to disclose his employment, it caused the SSA to mistakenly pay SSI benefits, which exceeded $1,000, to Brannon and his wife. Brannon and his wife used the funds for their own purposes.
This case was investigated by the Social Security Administration, Cooperative Disability Investigation Unit. Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.
Rapid City Woman Sentenced for Meth Trafficking ConspiracyRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on November 13, 2020, by U.S. District Judge Karen E. Schreier.
Betsy Running Shield, age 37, was sentenced to 84 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.
Running Shield was indicted by a federal grand jury on March 3, 2020. She pled guilty on July 1, 2020.
The conviction stemmed from incidents beginning on an unknown date and continuing until on or about March 2020, when Running Shield, 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.
During her involvement, Running Shield received methamphetamine from a co-conspirator for redistribution in South Dakota and elsewhere.
This case was investigated by the South Dakota Division of Criminal Investigation, the Sioux Falls Area Drug Task Force, and the Drug Enforcement Administration. Special Assistant U.S. Attorney Tamara Nash prosecuted the case.
Running Shield was allowed to self-surrender on or before January 5, 2021.
Rapid City Man Sentenced on Firearm ChargeRead the Press Release
United States Attorney Ron Parsons 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.
Moses Montileaux Jr., age 39, was sentenced on November 20, 2020, to 37 months 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 Montileaux, a previously convicted felon who is prohibited from possessing firearms, possessing a Bryco Arms 9mm semi-automatic pistol, which was found after Montileaux came into contact with Rapid City police officers in March 2019.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent 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 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.
Montileaux was immediately remanded to the custody of the U.S. Marshals Service.
Pierre Man Sentenced on Gun ChargeRead the Press Release
United States Attorney Ron Parsons announced that a Pierre, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on November 16, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Nathen Doherty, a/k/a Nathan Doherty, age 22, was sentenced to time served, equaling 38 days, 18 months of supervised release, a special assessment to the Federal Crime Victims Fund in the amount of $100, and forfeiture of a firearm.
Doherty was indicted by a federal grand jury on December 10, 2019. He pled guilty on September 1, 2020.
The conviction stemmed from an incident that occurred on May 11, 2018, at a house in Pierre, wherein Doherty, knowing he was an unlawful user of a controlled substance, knowingly possessed a Remington Arms Company Incorporated, model 870 Express Super Magnum, 12 gauge, pump-action shotgun, which had been shipped and transported in interstate commerce. The shotgun was found in Doherty’s bedroom along with marijuana, marijuana wax, multiple baggies and a digital scale. Doherty also tested positive for marijuana.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent 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.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, the Pierre Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Pierre Man Sentenced for Meth TraffickingRead the Press Release
United States Attorney Ron Parsons announced that a Pierre, South Dakota, man convicted of Conspiracy to Distribute Methamphetamine was sentenced on November 16, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Dustin Warnke, age 35, was sentenced to 174 months in federal prison, followed by five years of supervised release, a $1,000 fine, a special assessment to the Federal Crime Victims Fund in the amount of $100, and forfeiture of a firearm.
Warnke was indicted by a federal grand jury on November 13, 2019. He pled guilty on August 24, 2020.
The conviction stemmed from a conspiracy beginning in at least March 2018, and continuing to November 2019, wherein Warnke was involved with several other individuals, including Andrew Bunch, Nicole Hopkins, Adam Tanner and Nathan Thoe (deceased), to distribute methamphetamine in central South Dakota. During the course of the conspiracy, these individuals made numerous trips to Minnesota and Colorado to obtain methamphetamine. Firearms were routinely carried by Warnke, Bunch, and Thoe to protect their product. Bunch was previously sentenced to 27 years in federal prison, Tanner was sentenced to 12 years in federal prison, and Hopkins was sentenced to 10 years in federal prison.
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 part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent 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.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, South Dakota Highway Patrol, South Dakota Division of Criminal Investigation, Pierre Police Department, Stanley County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Warnke was immediately remanded to the custody of the U.S. Marshals Service.
Mission Man Sentenced for Third Degree BurglaryRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Third Degree Burglary was sentenced on November 16, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Debonair Donavan Wright, age 19, was sentenced to time served through November 20, 2020, three years of supervised release, a special assessment to the Federal Crime Victims Fund in the amount of $100, and restitution in the amount of $620.
Wright was indicted by a federal grand jury on November 13, 2019. He pled guilty on August 31, 2020.
The conviction stemmed from an incident that occurred on June 10, 2019, in Todd County, South Dakota, Wright broke into and burglarized Mike’s Pawn Shop and stole multiple items of property valued over $1,000.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Michael J. Elmore prosecuted the case.
Wright was immediately turned over to the custody of the U.S. Marshals Service.
Lower Brule Woman Sentenced for Witness TamperingRead the Press Release
United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, woman convicted of Conspiracy to Tamper with a Witness was sentenced on November 16, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Dale Lynn James, age 33, was sentenced to a 10 month split sentence – five months in federal prison and five months of home confinement, followed by two years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
James was indicted by a federal grand jury on August 16, 2020. She pled guilty on September 27, 2020.
The conviction stemmed from an incident that occurred between March 3, 2019, and March 14, 2019, where James knowingly and intentionally conspired with Clinton Haukaas, a/k/a Fuddy Haukaas, to publish a list of twenty-eight persons that Haukaas believed would be called to testify against him at his upcoming federal jury trial related to meth trafficking. James coordinated the scheme with Haukaas through text messages while Haukaas was incarcerated at the Hughes County Jail. Haukaas sent James a list of the names through the mail and instructed her to put it on Facebook. James took pictures of the list and sent the images to several different people on Facebook with intent to influence, delay, and prevent the testimony of the named individuals at Haukaas’ trial.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
James will report to the custody of the U.S. Marshals Service on January 4, 2021.
Eagle Butte Woman Sentenced for Meth TraffickingRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, woman convicted of Possession with Intent to Distribute Methamphetamine was sentenced on November 16, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Kate Doreen Condon, age 44, was sentenced to 23 months in federal prison, followed by three years of supervised release, a special assessment to the Federal Crime Victims Fund in the amount of $100, and forfeiture of $170.
Condon was indicted by a federal grand jury on January 14, 2020. She pled guilty on August 24, 2020.
The conviction stemmed from an incident that occurred on July 1, 2019, wherein Condon knowingly and intentionally possessed with intent to distribute approximately 39 grams of methamphetamine in Eagle Butte.
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 Cameron J. Cook prosecuted the case.
Condon was immediately remanded to the custody of the U.S. Marshals Service.
Todd County Man Sentenced for AssaultRead the Press Release
United States Attorney Ron Parsons announced that a Todd County, South Dakota, man convicted of Assault by Striking, Beating, and Wounding was sentenced on November 12, 2020, by U.S. Magistrate Judge Mark A. Moreno.
Tyler Reagle, age 37, was sentenced to two years of probation and a special assessment to the Federal Crime Victims Fund in the amount of $25.
Reagle was indicted by a federal grand jury on January 22, 2020. He pled guilty on November 12, 2020.
The conviction stemmed from an incident that occurred on January 28, 2020, in Todd County, wherein Reagle assaulted his domestic partner.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Todd County Sheriff’s Office. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
St. Francis Woman Charged with Involuntary ManslaughterRead the Press Release
United States Attorney Ron Parsons announced that a St. Francis, South Dakota, woman has been indicted by a federal grand jury for Involuntary Manslaughter.
Diana Swift, age 31, was indicted on November 10, 2020. She appeared before U.S. Magistrate Judge Mark A. Moreno on November 13, 2020, 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 September 14, 2020, in Todd County, South Dakota, Swift killed a woman by operating a motor vehicle in a grossly negligent manner.
The charge is merely an accusation and Swift 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.
Swift was released on bond pending trial. A trial date has not been set.
Rosebud Man Indicted for Meth TraffickingRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute Methamphetamine.
Timothy Kills In Water, age 33, was indicted on March 9, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 12, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is life in prison and/or a $10,000,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that beginning at a time unknown, but no later than October 1, 2017, and continuing through January 1, 2018, Kills In Water knowingly and intentionally conspired with other people to knowingly and intentionally distribute and possess with the intent to distribute 500 grams or more of methamphetamine in and around the Rosebud Sioux Indian Reservation.
The charge is merely an accusation and Kills In Water 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.
Kills In Water was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Ridgeview Man Convicted by Federal Jury of Meth Trafficking and Firearm ChargeRead the Press Release
United States Attorney Ron Parsons announced that Jess Brian Ducheneaux, age 57, of Ridgeview, South Dakota, was found guilty of Conspiracy to Distribute a Controlled Substance, Maintaining a Drug-Involved Premises, Distribution to a Person Under Age Twenty-One, Possession with Intent to Distribute a Controlled Substance, and Prohibited Person in Possession of a Firearm as a result of a two-day federal jury trial in Pierre, South Dakota.
The convictions carry a maximum sentence of 20 years in federal prison, and/or a $1,000,000 fine, a lifetime of supervised release, a $500 special assessment to the Federal Crime Victims Fund, and forfeiture of two firearms. Restitution may also be ordered.
Ducheneaux was indicted by a federal grand jury on December 11, 2018, a superseding indictment was filed on January 23, 2019, and a second superseding indictment was filed on January 14, 2020.
The jury found that between January 1, 2014, and December 17, 2018, Ducheneaux knowingly and intentionally conspired with others to distribute and possess with the intent to distribute methamphetamine on the Cheyenne River Sioux Indian Reservation. Ducheneaux received his methamphetamine from local dealers and from an individual who traveled to Colorado to acquire the drug. Further, the jury found that Ducheneaux knowingly used his residence for the purposes of distributing and using methamphetamine. Ducheneaux repeatedly distributed methamphetamine to a person under twenty-one years of age and to several individuals who worked on his ranch.
The jury also found Ducheneaux guilty of possessing approximately six grams of methamphetamine with the intent to distribute it, and two firearms while being a felon and a drug user. On December 17, 2018, law enforcement officers went to Ducheneaux’s residence to arrest him on a federal warrant. After making contact with Ducheneaux, the officers observed drug paraphernalia and a firearm in plain view in the living room. The officers obtained a search warrant and seized the six grams of methamphetamine, a scale, pipes, and numerous plastic baggies. They also recovered a rifle and a loaded shotgun from the residence. Ducheneaux was convicted of a felony offense in 2005 and was prohibited from possessing firearms.
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 part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent 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.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, the Cheyenne River Sioux Tribe Law Enforcement Services, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
A sentencing date has not been set. Ducheneaux was immediately remanded to the custody of the U.S. Marshals Service after the jury announced its verdict.
Mission Man Sentenced for Assaulting Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on November 12, 2020, by U.S. Magistrate Judge Mark A. Moreno.
Patrick Red Bird, age 36, was sentenced to 11 months in federal prison, and a special assessment to the Federal Crime Victims Fund in the amount of $25.
Red Bird was indicted by a federal grand jury on February 11, 2020. He pled guilty on October 22, 2020.
The conviction stemmed from an incident that occurred on December 27, 2019, in Mission. On that date, Red Bird was arrested for disorderly conduct. After being placed in handcuffs, Red Bird lunged at the arresting officer and grabbed him.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Red Bird was immediately turned over to the custody of the U.S. Marshals Service.
Box Elder Woman Sentenced for Meth Trafficking ConspiracyRead the Press Release
United States Attorney Ron Parsons announced that a Box Elder, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on November 12, 2020, by U.S. District Judge Lawrence L. Piersol.
Katera Ellen Greaves, a/k/a Tara, age 32, was sentenced to 46 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.
Greaves was indicted for Conspiracy to Distribute a Controlled Substance (methamphetamine) by a federal grand jury on March 3, 2020. She pled guilty on August 18, 2020.
The conviction stemmed from incidents beginning on an unknown date and continuing until approximately February 2020.
On August 8, 2019, a vehicle Greaves was driving in, for the purposes of transporting methamphetamine, was stopped and searched by law enforcement. Inside the vehicle, law enforcement located over 50 grams of actual methamphetamine.
This case was investigated by the South Dakota Division of Criminal Investigation, the Sioux Falls Area Drug Task Force, and the Drug Enforcement Administration. Special Assistant U.S. Attorney Tamara Nash prosecuted the case.
Greaves was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced for Conspiracy to Distribute MethRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on November 9, 2020, by U.S. District Judge Karen E. Schreier.
Gabriel Orlando Ramirez, a/k/a “Cheech,” age 43, was sentenced to 240 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.
Ramirez was indicted by a federal grand jury on May 8, 2019. A federal jury found him guilty on July 23, 2020.
The conviction was the result of coordinated efforts of the Sioux Falls Area Drug Task Force. “Cheech” Ramirez had been suspected of selling large quantities of methamphetamine in Sioux Falls as early as 2017. Through surveillance of Ramirez’s residence, law enforcement officers gathered information of suspected drug purchasers. In all, Gabriel “Cheech” Ramirez sold over 40 pounds of methamphetamine in Sioux Falls before he was arrested in May 2019.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the South Dakota Division of Criminal Investigation, the Minnehaha County Sheriff’s Office, the Sioux Falls Police Department, the Drug Enforcement Administration, and the South Dakota Highway Patrol. Assistant U.S. Attorneys Jennifer D. Mammenga and Jeffrey C. Clapper prosecuted the case.
Ramirez was immediately turned over to the custody of the U.S. Marshals Service.
Spring Creek Man Sentenced for Cocaine Trafficking and Firearm ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Spring Creek, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person was sentenced on November 5, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Antonio Marshall, age 22, was sentenced to 15 months in federal prison on each count to run concurrently, three years of supervised release, a $1,000 fine, a special assessment to the Federal Crime Victims Fund in the amount of $200, and forfeiture of three firearms and ammunition.
Marshall was indicted by a federal grand jury on March 9, 2020. He pled guilty on August 17, 2020.
The conviction stemmed from a conspiracy that began in January 2017, continuing until March 2018, wherein Marshall conspired with others to knowingly and intentionally distribute and possess with intent to distribute cocaine on the Rosebud Indian reservation. Further, on January 16, 2018, law enforcement seized over 50 grams of cocaine and three firearms from a residence. At the time, Marshall was an unlawful user of a controlled substance and prohibited from possessing the firearms.
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 part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent 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.
This case was investigated 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 prosecuted the case.
Marshall was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Indicted for Second Degree Murder and Using Firearm During Crime of ViolenceRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Second Degree Murder and Using and Carrying a Firearm During and in Relation to a Crime of Violence.
Joshua Walking Eagle, age 31, was indicted on September 9, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 5, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in federal prison and/or a $250,000 fine, five years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on May 29, 2020, in Rosebud, South Dakota, Walking Eagle killed a man by shooting him with a shotgun.
The charges are merely accusations and Walking Eagle is presumed innocent until and unless proven guilty.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent 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 Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Walking Eagle was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for January 5, 2021.
Oklahoma Woman Sentenced on Meth ConvictionRead the Press Release
United States Attorney Ron Parsons announced that a Lawton, Oklahoma, woman convicted of Possession of a Controlled Substance was sentenced on November 5, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Jessi Barrera, age 34, was sentenced to time served equaling 150 days in tribal custody and 17 days in federal custody, one year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $25.
Barrera was indicted by a federal grand jury on March 9, 2020. She pled guilty on November 5, 2020.
The conviction stemmed from an incident that occurred on May 7, 2019, wherein Barrera was involved in a traffic stop in a rural area on the Rosebud Indian Reservation. Officers searched the vehicle and recovered a scale, pipes, baggies, butane fluid and butane torch, rolling papers, a marijuana grinder, syringes and a small amount of methamphetamine.
This case was investigated by the Rosebud 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.
Nebraska Man Indicted for Assault and Commission of a Crime of Violence While Failing to Register as Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Lincoln, Nebraska, man has been indicted by a federal grand jury for Assault With a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, Failure to Register as a Sex Offender, and Commission of a Crime of Violence While Failing to Register as a Sex Offender.
Dwaine Walter Little Elk, age 35, was indicted on August 11, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 5, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is a mandatory minimum of five up to thirty years in federal prison and/or a $250,000 fine, five years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on June 20, 2020, in Todd County, South Dakota, Little Elk assaulted an individual with a bat with the intent to do bodily harm. The Indictment further alleges, the following day, on June 21, 2020, Little Elk assaulted another individual with a sharp-edged instrument with the intent to do bodily harm, and that the assault resulted in serious bodily injury.
Little Elk was convicted of Attempted 1st Degree Assault of a Child in April 2008. As a result of this conviction, Little Elk is classified as a Tier III Sex Offender and is required to register as a sex offender for the remainder of his natural life. As a result, the Indictment alleges that between June 17, 2020, and August 11, 2020, Little Elk failed to properly register as a sex offender and update his registration, and that he committed the assaults while failing to register as a sex offender.
The charges are merely accusations and Little Elk is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the U.S. Marshals Service. Assistant U.S. Attorney Michael J. Elmore is prosecuting the case.
Little Elk was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Mitchell Man Sentenced for AssaultRead the Press Release
United States Attorney Ron Parsons announced that a Mitchell, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on November 5, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
John Willard Arcoren, III, age 40, was sentenced to eight months in federal prison, followed by eight months of home confinement, two 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 July 16, 2020. He pled guilty on August 31, 2020.
The conviction stemmed from an incident that occurred on May 14, 2020, when Arcoren did forcibly 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.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Michael J. Elmore prosecuted the case.
Arcoren was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Woman Sentenced on Assaulting Federal Officers and Firearm ChargesRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, woman convicted of Assaulting Federal Officers and Felon in Possession of a Firearm, was sentenced on November 5, 2020, by Chief Judge Roberto A. Lange, U.S. District Court.
Justin Twite, age 23, was sentenced to 68 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 $200.
Twite was indicted by a federal grand jury on April 9, 2019. She pled guilty on August 18, 2020.
On December 21, 2018, Twite engaged Cheyenne River Sioux Tribe Police Officers in a high speed chase that ended when her vehicle broke down in an open field. Law enforcement surrounded Twite’s vehicle. Twite assaulted the officers by discharging a pistol round from the vehicle, in the direction of law enforcement. Twite discharged the firearm a second time straight into the air. Realizing the firearm malfunctioned after the second shot, officers rushed to subdue Twite and place her under arrest. Twite was also prohibited from possessing a firearm after being convicted of a felony level offense in January 2018.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent 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.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Michael Elmore prosecuted the case.
Twite was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Indicted on Meth Trafficking ChargeRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance.
Anthony Story, age 42, was indicted on August 11, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 9, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in prison and/or a $1,000,000 fine, at least three years up to a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about August 14, 2019, Story did knowingly and intentionally possess with intent to distribute a mixture or substance containing a detectible amount of methamphetamine in Eagle Butte.
The charge is merely an accusation and Story 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 Cameron J. Cook is prosecuting the case.
Story was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Sturgis Man Sentenced for Attempted Receipt of Child PornographyRead the Press Release
United States Attorney Ron Parsons announced that a Sturgis, South Dakota, man convicted of Attempted Receipt of Child Pornography was sentenced on November 2, 2020, by Jeffrey L. Viken, U.S. District Court Judge.
Robert Bungert, age 57, was sentenced to five years in federal prison, followed by five years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund. Bungert also will be required to register as a sex offender under the Sex Offender Registration and Notification Act.
The conviction stemmed from an undercover sex trafficking operation conducted during the 2018 Sturgis Motorcycle Rally, targeting internet predators. Bungert was arrested and federally indicted following multiple text messages with a person Bungert believed to be a 14-year-old prostitute, but who was in fact an undercover agent. Bungert knowingly attempted to receive an image of child pornography from the 14-year-old undercover persona and proceeded to negotiate the time and place he would meet the minor to engage in unlawful sex acts. When Bungert went to the pre-determined location to meet the minor’s pimp, he was instead met by law enforcement agents and placed under arrest.
The investigation was conducted by the South Dakota Division of Criminal Investigation, the Department of Homeland Security, the Sturgis Police Department, and the Meade County Sheriff’s Office. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Bungert was immediately remanded to the custody of the U.S. Marshals Service.
Minnesota Man Indicted for Unlawful Taking of Golden EagleRead the Press Release
United States Attorney Ron Parsons announced that a Wheaton, Minnesota, man has been indicted by a federal grand jury for Unlawful Taking of Golden Eagle.
Richard Michael Grohs, age 68, was indicted on October 14, 2020. He appeared before U.S. Magistrate Judge William D. Gerdes on November 2, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is one year in prison and/or a $100,000 fine, one year of supervised release, and $25 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between April and May of 2018, Grohs, without being permitted to do so, did knowingly and with wanton disregard for the consequences of his actions, take a golden eagle in Roberts County, South Dakota.
The charge is merely an accusation and Grohs is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Fish and Wildlife Service. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Grohs was released on bond pending trial. A trial date has not been set.
Whitewood Couple Sentenced to Federal Prison for Meth Trafficking ConspiracyRead the Press Release
United States Attorney Ron Parsons announced that a Whitewood, South Dakota, man and woman who both pleaded guilty to Conspiracy to Distribute a Controlled Substance, have been sentenced by Jeffrey L. Viken, U.S. District Court Judge
Robert Bartels, age 24, was sentenced on August 14, 2020, to 10 years in federal prison, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Raina Strickland, age 24, was sentenced on October 30, 2020, to 10 years in federal prison, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
From approximately May 2019 to December 2019, Bartels and Strickland distributed methamphetamine out of hotels in Sturgis and Spearfish.
This case investigation was a joint effort between the South Dakota Division of Criminal Investigation, the Department of Homeland Security, the Unified Narcotics Enforcement Team (UNET), the Rapid City Police Department, and the Pennington County Sheriff’s office.
Assistant U.S. Attorney Gina S. Nelson prosecuted the case.
Bartels and Strickland were immediately returned to the custody of U.S. Marshals Service.
Wall Man Sentenced for Attempted Receipt of Child PornographyRead the Press Release
United States Attorney Ron Parsons announced that a Wall, South Dakota, man convicted of Attempted Receipt of Child Pornography was sentenced on October 30, 2020, by Jeffrey L. Viken, U.S. District Court Judge.
Justin Westby, age 46, was sentenced to five years in federal prison, followed by five years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
The conviction stemmed from an undercover sex trafficking operation conducted during the 2019 Sturgis Motorcycle Rally, targeting internet predators. Westby was arrested and federally indicted following multiple text messages he exchanged with a person Westby believed to be a 15-year-old girl, but who was in fact an undercover agent. Westby requested sexually explicit images from the 15-year-old undercover persona and proceeded to negotiate the time and place he would meet the minor to engage in unlawful sex acts. When Westby went to the pre-determined location to meet the minor, he was instead met by law enforcement agents and placed under arrest.
The investigation was conducted by the South Dakota Division of Criminal Investigation, the Department of Homeland Security, the Rapid City Police Department, and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Westby was immediately remanded to the custody of the U.S. Marshals Service.
Nebraska Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Ron Parsons announced that an Alliance, Nebraska, man who pleaded guilty to Conspiracy to Distribute a Controlled Substance was sentenced on October 30, 2020, by U.S. District Judge Jeffrey L. Viken.
Brian Hinman, age 38, was sentenced to 5 years in federal prison, followed by 4 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
From approximately November 2018 to December 2018, Hinman obtained methamphetamine, which he then distributed in South Dakota. A traffic stop of Hinman by Nebraska State Patrol, in December 2018, recovered 42 grams of methamphetamine.
This case was investigated by the Bureau of Indian Affairs, Division of Drug Enforcement, SD Division of Criminal Investigation, Badlands Safe Trails Drug Task Force, and the Nebraska State Highway Patrol.
Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Hinman was immediately returned to the custody of the U.S. Marshals Service.
Working with Law Enforcement Agencies Across South Dakota, U.S. Attorney’s Office Increases Firearms-Related Prosecutions by 60 percent in Past YearRead the Press Release
Federal, State, Local, and Tribal Law Enforcement Officials discussing violent crime during “Operation Fall Clean Up” in Rapid City, SD, on September 21, 2019.
SIOUX FALLS, S.D. – U.S. Attorney Ron Parsons announced that federal prosecutors in the District of South Dakota, working cooperatively with law enforcement agencies across the State, charged 139 defendants with firearms-related charges during Fiscal Year (FY) 2020, despite the challenges imposed on the criminal justice system and law enforcement officers everywhere by COVID-19. This was a 60 percent increase over FY 2019. Nationally, the Department of Justice charged more than 14,200 defendants with firearms-related crimes during FY 2020.
“Working with our state, local, tribal, and federal partners across South Dakota to enforce federal gun laws is a critical part of our united strategy to combat violent crime,” said U.S. Attorney Parsons. “Keeping illegal firearms out of the hands of violent criminals is one of the highest priorities of the Department of Justice and we will use all appropriate, available means to keep every person in every community safe from gun crime.”
“Reducing violent gun crime is a main pillar of ATF’s mission to ensure our communities are safe,” said ATF Special Agent in Charge Terry Henderson, of the St. Paul Field Division. “This significant increase in prosecutions is a testament to the hard work of the United States Attorney’s Office and all levels of law enforcement throughout South Dakota. ATF is proud to work alongside each and every one of our partners in the pursuit of justice.”
Under federal law, it is illegal to possess a firearm or ammunition if you fall into one of nine prohibited categories including being a felon, an illegal alien, or an unlawful user of a controlled substance. In addition, it is illegal to possess a firearm in furtherance of a drug trafficking offense or violent crime. It is also illegal to purchase – or even to attempt to illegally purchase – firearms or ammunition if the buyer is a prohibited person or is illegally purchasing a firearm on behalf of someone else, an illegal transaction known as a straw purchase. Lying in response to one of the questions asked on ATF Form 4473, a document that one is required to complete in order to legally purchase a firearm, is also a federal offense. Most of these federal offenses are punishable by up to ten years in federal prison.
Recent firearms-related prosecutions in the District of South Dakota include the following cases:
Southern Division:
- United States v. Mogoliolo. On October 20, 2020, Joseph Mogoliolo, age 50, of Sioux Falls, was sentenced by U.S. District Judge Lawrence L. Piersol to one year and one day in federal prison, followed by three years of supervised release, after his conviction for being a Felon in Possession of a Firearm. Mogoliolo was indicted by a federal grand jury on March 3, 2020. He pleaded guilty on July 30, 2020. The conviction stemmed from an incident on October 24, 2019, when police were dispatched to suspicious activity near a vehicle in downtown Sioux Falls. Police saw Mogoliolo near the vehicle and a drug pipe in plain view inside the vehicle. Police searched the vehicle and found methamphetamine, other drug paraphernalia, and a loaded 9mm semi-automatic handgun. Mogoliolo, who had previously been convicted of a felony crime, was prohibited under federal law from possessing any firearms. This case was investigated by the Sioux Falls Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case. Mogoliolo was immediately turned over to the custody of the U.S. Marshals Service.
- United States v. Hackett. On October 6, 2020, Johnathan David Hackett, age 39, of Sioux Falls was indicted by a federal grand jury for Possession of a Firearm by a Prohibited Person and Possession of a Stolen Firearm. The indictment alleges that on or about May 23, 2020, Hackett, a convicted felon, possessed, sold, and disposed of a stolen firearm, knowing that it had been stolen. Hackett appeared before U.S. Magistrate Judge Veronica L. Duffy on October 14, 2020, and pleaded not guilty to the indictment. He was remanded to state custody pending trial. The charges are merely accusations and Hackett is presumed innocent until and unless proven guilty. The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Sioux Falls Police Department. Assistant U.S. Attorney Connie Larson is prosecuting the case.
- United States v. Shropshire. On October 6, 2020, Allen Vincent Shropshire, age 59, of Sioux Falls, SD was indicted by a federal grand jury for Possession of a Firearm by a Prohibited Person. The indictment alleges that on or about September 20, 2020, Shropshire, a convicted felon, possessed a firearm. Shropshire appeared before Judge Duffy on October 14, 2020, and pleaded not guilty to the indictment. He was remanded to the custody of the U.S. Marshals Service pending trial. The charge is merely an accusation and Hackett is presumed innocent until and unless proven guilty. The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Sioux Falls Police Department. Assistant U.S. Attorney Connie Larson is prosecuting the case.
- United States v. Patton. On October 6, 2020, Gregory Dawon Patton a/k/a Gregory Duwan Patton, age 18, of Country Club Hills, Illinois, was indicted by a federal grand jury for Theft from a Federally Licensed Firearms Dealer. The indictment alleges that on or about June 1, 2020, Patton stole and unlawfully took and carried away fifteen firearms, including shotguns and pistols, from Palace City Pawn, a federally licensed firearms dealer located in Mitchell, SD. Patton made his initial appearance before U.S. Magistrate Judge Andrew P. Rodovich of the Northern District of Indiana on October 26, 2020. He was remanded to the custody of the U.S. Marshals Service with an order for transport to the District of South Dakota. His arraignment in U.S. District Court in Sioux Falls has not yet been scheduled. The charges are merely accusations and Patton is presumed innocent until and unless proven guilty. The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Mitchell Police Department, Sioux Falls Police Department, and LaPorte County (Indiana) Sheriff’s Office. Assistant U.S. Attorney Connie Larson is prosecuting the case.
Northern Division:- United States v. Doll. On October 26, 2020, Scott Alex Doll, age 49, of Dickinson, North Dakota, was sentenced by U.S. District Judge Charles B. Kornmann to 16 months in federal prison, followed by three years of supervised release, after being convicted for Possession of a Firearm by a Prohibited Person. Doll was indicted by a federal grand jury on February 11, 2020. He pleaded guilty on July 27, 2020. The conviction stemmed from an incident that occurred in Mobridge, South Dakota, on April 25, 2019, wherein Doll and another male exited their vehicle and walked up to a Mobridge police officer who was sitting in his patrol car. The officer observed Doll to have an empty pistol holder on his hip. Doll told the officers the firearm was in the driver's side door of the vehicle. The officer observed Doll had many keychains on his belt, including a red and white floating bobber key chain. The officer asked Doll if he could see the bobber, and inside was a baggie of methamphetamine. Doll admitted to being a methamphetamine user, and using drugs three hours prior to the stop, and is a drug user and is thus prohibited from using firearms. This case was investigated by the Corson County Sheriff’s Office, the Northern Plains Safe Trails Drug Enforcement Task Force, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case. Following sentencing, Doll was immediately turned over to the custody of the U.S. Marshals Service.
- United States v. Claymore. On October 19, 2020, Brady James Claymore, age 33, of McLaughlin, SD was sentenced by Judge Kornmann to 50 months in federal prison, and three years of supervised release, following his convictions for Possession of a Firearm by a Prohibited Person and Conspiracy to Distribute a Controlled Substance. Claymore was indicted by a federal grand jury on January 14, 2020. He pleaded guilty on September 15, 2020. The conviction stemmed from a conspiracy beginning in 2010 and continuing through 2019, wherein Claymore conspired with others to distribute between 40 and 60 kilograms of marijuana in McLaughlin, South Dakota. On September 24, 2019, in McLaughlin, Claymore’s vehicle was stopped by law enforcement and a search of his vehicle uncovered approximately 830 grams of marijuana, two digital scales, and a short-barreled shotgun. Claymore knowingly possessed the shotgun, and at the time he possessed it, he was knowingly a user of and addicted to marijuana. This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Mobridge Police Department, and the Bureau of Indian Affairs. Assistant U.S. Cameron J. Cook prosecuted the case. Following sentencing, Claymore was immediately remanded to the custody of the U.S. Marshals Service.
- United States v. Two Hearts. On October 8, 2020, Darrell Two Hearts, age 41, of Aberdeen, SD was found guilty of being a felon in possession of a firearm as a result of a federal jury trial in Aberdeen. On April 25, 2020, Two Hearts was arrested in Aberdeen. Officers had been searching for Two Hearts to arrest him on outstanding warrants. When they found him, Two Hearts had a loaded handgun in his backpack, along with syringes, a pot pipe, and a marijuana grinder. He also had a small amount of methamphetamine in his pants pocket. He had previously been convicted of felony crimes that prohibited him from possessing any firearms. At trial, a jury unanimously found that he illegally possessed a 9mm handgun. A presentence investigation was ordered and a sentencing date has been set for December 14, 2020. Two Hearts was remanded to the custody of the U.S. Marshals Service. This case was investigated by the Aberdeen Police Department, the Brown County Sheriff's Office, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Central Division:
- United States v. Larvie. On September 30, 2020, David D. Larvie, Jr., age 38, of Mission, SD was found guilty of being a felon in possession of a firearm and ammunition as the result of a federal jury trial in Pierre. On November 13, 2019, on the Rosebud Indian Reservation, Tribal police got a call that a shot had been fired from a van driven by David Larvie in South Antelope Community, near Mission. Officers located and stopped the vehicle, which was driven by Larvie. Larvie denied having a firearm, indicating he could not possess firearms as he is on federal felony supervised release. He was searched and a stash of forty-three .22 caliber bullets was found in his back pocket, and a loaded .22 caliber firearm was found on the rear floorboard, though within arm’s reach of the driver’s seat. Larvie’s prior felony convictions include third degree burglary and failure to appear in 2003 and using a firearm during and in relation to a crime of violence in 2008. Larvie will be sentenced on December 14, 2020. The 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.
- United States v. Hill. On October 5, 2020, Shilo Hill, age 25, of Eagle Butte, SD, was sentenced to 84 months in prison, to be followed by three years of supervised release, for being a felon in possession of a firearm in Ziebach County on the Cheyenne River Sioux Indian Reservation. On April 18, 2019, Tribal police got a call that a gun was fired near a residence west of Dupree, South Dakota. Officers responded and stopped a vehicle in which Hill was a passenger. Officers seized a Colt brand .357 Magnum caliber revolver, which Hill knowingly possessed. The revolver was loaded with ammunition and was stored next to the defendant in the passenger side door. The firearm was actually stolen. He also possessed some drug paraphernalia and a small amount of methamphetamine in the vehicle when stopped. Hill has prior felony convictions for assault with a dangerous weapon in 2016 and possession of a stolen firearm in 2014. The case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services, the Northern Plains Safe Trails Drug Enforcement Task Force, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
- United States v. Neck. On October 14, 2020, Jean Xarles Neck, a/k/a John Neck, age 20, of Parmalee, SD, was indicted by a federal grand jury for Assault With a Dangerous Weapon, Child Abuse, and Discharge of a Firearm During a Crime of Violence. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 21, 2020, and pleaded not guilty to the Indictment. The maximum penalty upon conviction is up to life in federal prison and/or a $250,000 fine and five years of supervised release. Restitution may also be ordered. The Indictment alleges that on June 6, 2020, Neck assaulted several individuals, including a child, by discharging a firearm multiple times at a home where the individuals were occupants, with the intent to do bodily harm. The charges are merely accusations and Neck is presumed innocent until and unless proven guilty. The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Michael Elmore is prosecuting the case. Neck was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for December 29, 2020.
Western Division:- United States v. Bocanegra. On October 19, 2020, Lawrence Bocanegra, age 40, of Rapid City, was sentenced by U.S. District Judge Jeffrey L. Viken to 40 months in federal prison, to be followed by three years of supervised release, following his conviction for Possession of a Firearm by a Prohibited Person. The charge relates to Bocanegra, a previously convicted felon who is prohibited from possessing firearms, unlawfully possessing a semi-automatic pistol in September 2019 during a traffic stop at Rapid City. The investigation was conducted by the Rapid City Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Ben Patterson prosecuted the case. Bocanegra was immediately remanded to the custody of the U.S. Marshals Service.
- United States v. Larive and Englert. Between March 16, 2020, and March 21, 2020, Shannon Larive, age 26, of Rapid City, and Karmen Englert, age 36, of Rapid City, were involved in the armed robberies of multiple casinos in Rapid City. During each robbery, Larive brandished a firearm to obtain money from an employee of the casino. Englert assisted as the getaway driver. During one robbery, Larive discharged a .22 caliber pistol. Larive and Englert were arrested following a pursuit involving law enforcement. After the vehicle came to a stop, Larive fled and discarded the .22 caliber pistol used during one of the robberies, which was later recovered by law enforcement. Officers searched the vehicle and numerous .22 caliber rounds of ammunition were recovered. Larive and Englert were indicted by a federal grand jury on July 23, 2020. Larive recently signed a plea agreement to enter a plea of guilty to interference with commerce by robbery and brandishing a firearm during the commission of a crime of violence. Englert recently signed a plea agreement to enter a plea of guilty to interference with commerce by robbery. The change of plea hearing for both defendants is scheduled for November 14, 2020, in United States District Court. This case was investigated by the Rapid City Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Ben Patterson is prosecuting the case.
- United States v. Standing Bear. On April 24, 2020, Dana Standing Bear, age 42, of Rapid City, was sentenced to 10 years in prison, to be followed by five years of supervised release for being a felon in possession of a firearm and possession of methamphetamine with an intent to distribute it. On February 27, 2019, officers with the Rapid City Police Department located a vehicle stuck in the snow. Standing Bear was the driver and only occupant. The officers discovered that Standing Bear had an active warrant for his arrest and they could also smell burnt marijuana coming from inside his vehicle. Officers arrested Standing Bear and a search of his vehicle was conducted. During the search, officers located two loaded 9mm semi-automatic pistols, more than 100 grams of methamphetamine, jeweler bags, and a digital scale. Standing Bear has a prior felony drug conviction. This case was investigated by the Rapid City Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Ben Patterson prosecuted the case.
- United States v. Byker and Hirschfeld. On June 8, 2020, Devin Byker, age 25, of Piedmont, was sentenced to 17 years in prison for carjacking and using and brandishing a firearm during the commission of a crime of violence, and Craig Hirschfeld, age 25, of Box Elder, was sentenced to seven years in federal prison for using and brandishing a firearm during the commission of a crime of violence. On June 29, 2019, Byker and Hirschfeld requested another individual give them a ride from one location in Rapid City to another. After they arrived at the location, Byker and Hirschfeld pinned the individual up against his vehicle, brandished stolen firearms, pointed the firearms at him, held him at gun point, and took his wallet and phone. After obtaining the personal items, they continued to brandish firearms, forced the individual to remove his clothing, and then stole his vehicle and fled. Law enforcement later located Byker in another stolen vehicle along with the stolen firearm he used in the carjacking. The case was investigated by the Rapid City Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case was prosecuted by Assistant U.S. Attorney Ben Patterson
- United States v. Conroy. On January 23, 2020, Corbin Conroy, age 43, of Rapid City, was sentenced to seven years in federal prison for committing an armed robbery at a casino in Rapid City. On March 17, 2019, Conroy entered the Jokers Casino armed with a semi-automatic pistol. Conroy brandished and pointed the pistol at a casino employee, demanded the cash from the register, and took approximately $1,750.00. Conroy then fled the casino. Conroy is a prior felon who had only recently been released from federal prison for committing an earlier armed robbery of the Jokers Casino. This case was investigated by the Rapid City Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Ben Patterson prosecuted the case.
All of these cases are part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
These cases are 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.
For more information on the lawful purchasing of firearms, please see: https://www.atf.gov/qa-category/atf-form-4473.
- United States v. Mogoliolo. On October 20, 2020, Joseph Mogoliolo, age 50, of Sioux Falls, was sentenced by U.S. District Judge Lawrence L. Piersol to one year and one day in federal prison, followed by three years of supervised release, after his conviction for being a Felon in Possession of a Firearm. Mogoliolo was indicted by a federal grand jury on March 3, 2020. He pleaded guilty on July 30, 2020. The conviction stemmed from an incident on October 24, 2019, when police were dispatched to suspicious activity near a vehicle in downtown Sioux Falls. Police saw Mogoliolo near the vehicle and a drug pipe in plain view inside the vehicle. Police searched the vehicle and found methamphetamine, other drug paraphernalia, and a loaded 9mm semi-automatic handgun. Mogoliolo, who had previously been convicted of a felony crime, was prohibited under federal law from possessing any firearms. This case was investigated by the Sioux Falls Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case. Mogoliolo was immediately turned over to the custody of the U.S. Marshals Service.
Stephan Man Indicted for Assault with Intent to Commit Murder and Other CrimesRead the Press Release
United States Attorney Ron Parsons announced that a Stephan, South Dakota, man has been indicted by a federal grand jury for Assault with Intent to Commit Murder, Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, Robbery, and Brandishing, Carrying, or Possession a Firearm during and in Relation to a Crime of Violence.
Robert Johnson, a/k/a Pitbull, age 42, was indicted on October 14, 2020. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 28, 2020, and pled not guilty to the Indictment.
The maximum penalty upon conviction is any term of years, up to life, in federal prison and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on June 20, 2020, in Lower Brule, Johnson assaulted an individual with a shotgun, which resulted in serious bodily injury. The Indictment further alleges he took a duffle bag, and its contents, from the victim.
The charges are merely accusations and Johnson is presumed innocent until and unless proven guilty.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent 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 Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Johnson was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rapid City Man Indicted for Failure to Register as Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man was charged in federal district court with Failure to Register as a Sex Offender.
Jose Padilla, age 52, was indicted on September 9, 2020. Padilla appeared before U.S. Magistrate Judge Daneta Wollmann on October 27, 2020, and pleaded not guilty to the Indictment. The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Padilla was convicted of Lewd or Lascivious Acts with a Child in January 2000. As a result of the conviction, he is required to register as a sex offender for life. The Indictment alleges between November 23, 2014, and continuing through the date of Indictment, Padilla failed to properly register as a sex offender and update his registration. The charge is merely an accusation and Padilla is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Padilla was released on bond. A trial date has not been set.
New Jersey Man Convicted of BriberyRead the Press Release
United States Attorney Ron Parsons announced that Anthony Bertino, age 59, of Atlantic City, New Jersey, was found guilty of Bribery Concerning Programs Receiving Federal Funds as a result of a federal jury trial in Aberdeen, South Dakota.
The charge carries a maximum penalty of 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.
Bertino was indicted by a federal grand jury on April 2, 2019.
The Sisseton-Wahpeton Oyate Tribe (SWO) operates the Dakota Nation Gaming Enterprise (DNGE), which oversees the tribally-run gaming establishments. Bertino was employed as the Corporate Marketing Officer for the DNGE. Bertino’s employment agreement included provisions stating that self-dealing is cause for termination, that he was not to engage in actions motivated by self-interest, and that he was not to work in any other capacity without first obtaining written consent from the DNGE.
In 2014, Bertino negotiated the DNGE’s purchase of equipment from a 66,000 square foot sprung casino facility in Indiana. On May 21, 2014, the DNGE Advisory Committee approved the purchase for $900,000. After the DNGE wired the money to the seller, Bertino received three kickbacks from the seller totaling $104,909.78.
The case was brought pursuant to The Guardians Project, a federal law enforcement initiative to coordinate efforts between participating agencies, to promote citizen disclosure of public corruption, fraud, and embezzlement involving federal program funds, contracts, and grants, and to hold accountable those who are responsible for adversely affecting those living in South Dakota’s Indian country communities. The Guardians Project is another step of federal law enforcement’s on-going efforts to increase engagement, coordination, and positive action on behalf of tribal communities. Led by the U.S. Attorney’s Office, the participating agencies include: Federal Bureau of Investigation; the Offices of Inspector General for the Departments of Interior, Health and Human Services, Social Security Administration, Agriculture, Transportation, Education, Justice, and Housing and Urban Development; Internal Revenue Service, Criminal Investigation Division; U.S. Postal Inspector Service; U.S. Postal Service, Office of Inspector General.
For additional information about The Guardians Project, please contact the U.S. Attorney’s Office at (605) 330-4400. To report a suspected crime, please contact law enforcement at the federal agency’s locally listed telephone number.
This case was investigated by the Federal Bureau of Investigation and the U.S. Attorney’s Office. Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.
A presentence investigation was ordered and a sentencing date was set for May 10, 2021. The defendant was allowed to remain released on bond pending sentencing.
Flandreau Man Charged with Sexual Abuse of a MinorRead the Press Release
United States Attorney Ron Parsons announced that a Flandreau, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse of a Minor.
Stephon Ross, age 28, appeared before U.S. Magistrate Judge Daneta Wollmann and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is 15 years in a federal prison, and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Ross knowingly engaging in a sexual act with a minor female, who had not attained the age of 16 and was at least four years younger than Ross.
The charge is merely an accusation and Ross is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Megan Poppen is prosecuting the case.
Ross was released on bond pending trial. A trial date has been set for January 5, 2021.