District of South Dakota
Press releases recorded for this federal judicial district.
White River Woman Sentenced for Assault with a Dangerous WeaponRead the Press Release
United States Attorney Ron Parsons announced that Crystal Earth, age 26, of White River, South Dakota, convicted of Assault With a Dangerous Weapon was sentenced on March 4, 2019, by United States District Judge Roberto A. Lange.
Earth was sentenced to 42 months in federal prison, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Earth was indicted by a federal grand jury on April 17, 2018. She was convicted on December 14, 2018, following a four-day jury trial in Pierre, South Dakota.
The conviction stems from an incident that occurred on February 26, 2018, in the Horse Creek Community near White River. On that date, Earth was at her home in Horse Creek drinking alcoholic beverages and socializing with a group of people that included the victim. At one point, Earth and the victim, an adult male, got into an argument. Earth took a knife from the kitchen and repeatedly stabbed the victim in the chest and face, causing multiple puncture wounds to the victim’s chest and a deep laceration to his chin.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorneys Kirk Albertson and Cameron Cook prosecuted the case.
Earth was immediately remanded to the custody of the U.S. Marshals Service.
Rosebud Man Sentenced for Assault with a Dangerous WeaponRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man convicted of Assault With a Dangerous Weapon was sentenced on March 4, 2019, by U.S. District Judge Roberto A. Lange.
Lawrence Gary, Jr., age 20, was sentenced to 84 months in federal prison, followed by 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
Gary was indicted on February 14, 2018. He pled guilty on August 7, 2018.
The conviction stemmed from an incident that occurred around midnight on the evening of January 20, 2018. On that evening, the Defendant was at a social gathering at a residence in the Two Strike Community near Rosebud. The victim, an adult man, was also present. At some point, Gary and the victim got into an argument and Gary began assaulting the victim, striking him with his hands and fists. The victim fell to the floor and Gary kicked and stomped the victim multiple times with shod feet. He further struck the victim multiple times with a saucepan. The Defendant also stabbed the victim in the middle of his back, between his shoulder blades, with a knife. After he assaulted the victim, Gary left him lying on the floor and departed the house.
The stab wound severed the victim’s spinal cord and left him paralyzed from the chest down. Around noon on January 21, 2018, the victim was discovered lying on the floor of the residence. He was transported by ambulance to the Rosebud Indian Health Services Hospital, and subsequently transferred to Rapid City Regional Hospital. He was thereafter placed in a nursing home.
On October 24, 2018, while Gary was pending sentencing, the victim passed away. An autopsy determined that the stab wound inflicted by Gary was the proximate cause of the victim’s death.
The case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Gary was immediately turned over to the custody of the U.S. Marshals Service.
Lower Brule Man Charged with AssaultRead the Press Release
United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for Assault With a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and Aiding and Abetting.
Grant Whitney, age 19, was indicted on February 13, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 21, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on July 1, 2018, Whitney and another individual assaulted an individual with shod feet, which resulted in serious bodily injury to the victim.
The charges are merely accusations and Whitney is presumed innocent until and unless proven guilty.
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.
Whitney was released on bond pending trial. A trial date has not been set.
Belcourt Woman Charged with Assaulting a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a Belcourt, North Dakota, woman has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Gloria Peltier, age 20, was indicted on January 23, 2019. She appeared before U.S. Magistrate Judge Mark A. Moreno on February 28, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on December 18, 2018, Peltier was being held at the Lower Brule Detention Center and did forcibly assault, resist, impede, intimidate, and interfere with a corrections officer while they were engaged in the performance of their duties.
The charge is merely an accusation and Peltier is presumed innocent until and unless proven guilty.
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.
Peltier was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Lower Brule Man Charged with Burglary, Larceny, and Aiding and AbettingRead the Press Release
United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for First Degree Burglary, Larceny, and Aiding and Abetting.
Alan Thompson, Jr., age 23, was indicted on February 13, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 20, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 25 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on May 25, 2017, Thompson entered an occupied structure at night with another individual with the intent to commit larceny and stole personal property that had a value in excess of $1,000.
The charges are merely accusations and Thompson is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Thompson was released on bond pending trial. A trial date has been set for April 30, 2019.
Soldier Creek Man Charged with Involuntary Manslaughter and Child AbuseRead the Press Release
United States Attorney Ron Parsons announced that a Soldier Creek, South Dakota, man has been indicted by a federal grand jury for Involuntary Manslaughter and two counts of Child Abuse.
Robert Staples, Jr., age 35, was indicted on February 13, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 26, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 15 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on September 14, 2018, Staples unlawfully killed another human being, while operating a motor vehicle, in a grossly negligent manner. The Indictment further alleges Staples abused, exposed, tortured, tormented, and cruelly punished children who had not attained the age of seven years old.
The charges are merely accusations and Staples is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Michael J. Elmore is prosecuting the case.
Staples was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Mission Woman Charged with Assaulting a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, woman has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Lee Ann Stenstrom a/k/a LeeAnn Stenstrom, age 35, was indicted on February 13, 2019. She appeared before U.S. Magistrate Judge Mark A. Moreno on February 26, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on December 26, 2018, Stenstrom did forcibly assault, resist, oppose, impede, intimidate, and interfere with a law enforcement officer who was employed by the Rosebud Sioux Tribe Law Enforcement Services, by using a dangerous weapon.
The charge is merely an accusation and Stenstrom 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.
Stenstrom was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Belle Fourche Woman Sentenced for Theft of Government PropertyRead the Press Release
United States Attorney Ron Parsons announced that a Belle Fourche, South Dakota, woman convicted of Theft of Government Property, Supplemental Security Income Benefits Fraud, and False Statement was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Cindy Lou Geib, age 49, was sentenced on February 20, 2019, to 10 months in federal prison, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund on each of the three felony charges. The time in federal prison is to run concurrently on each conviction. Geib was also ordered to pay $112,468.10 in restitution.
The conviction stems from Geib knowingly and willfully making false statements to the United States Social Security Administration and the South Dakota Department of Social Services, to obtain Supplemental Security Income (SSI), Supplemental Nutrition Assistance Program (SNAP) benefits, Medicaid, and Low Income Energy Assistance Program (LIEAP) benefits, to steal $112,468.10 in money and benefits for herself and her children between 2011 and 2017.
This case was investigated by the Social Security Administration Cooperative Disabilities Investigation Unit, with assistance from the U.S. Department of Health and Human Services Office of the Inspector General and the South Dakota Department of Social Services Office of Recoveries and Fraud Investigations. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Geib was ordered to self-surrender to the custody of the U.S. Marshals Service on March 20, 2019, to begin serving her sentence.
Rapid City Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Rudolph Engel, age 63, was sentenced on February 25, 2019, to 10 years in federal prison, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Engel was indicted for the charge by a federal grand jury on September 17, 2017. The conviction stems from Engel conspiring with others in receiving at least 500 grams of methamphetamine from California and Colorado, and then distributing it in the District of South Dakota between 2016 and 2017.
This case was investigated by the Unified Narcotics Enforcement Team, the Department of Homeland Security Investigations, and the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Engel was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Charged with Being a Felon in Possession of AmmunitionRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man has been indicted by a federal grand jury for the crime of Possession of Ammunition by a Felon.
Aaron Santistevan, age 43, was indicted on February 13, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 22, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on December 28, 2018, Santistevan, having been previously convicted of a crime punishable by imprisonment for more than one year, possessed 40 rounds of copper-jacketed hollow point .50 Action Express caliber handgun ammunition.
The charge is merely an accusation and Santistevan 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 Department’s 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.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Santistevan was released on conditions pending trial. A trial date has not been set.
Eagle Butte Man Sentenced for Assault by StrangulationRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man convicted of Assault by Strangulation was sentenced on February 21, 2019, by U.S. District Judge Roberto A. Lange.
Carl Iron Hawk, age 39, was sentenced to 50 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.
Iron Hawk was indicted by a federal grand jury on June 18, 2018. He pled guilty on December 2, 2018.
The conviction stemmed from an incident beginning on February 24, 2018, when an individual came to Iron Hawk’s home and a verbal and physical argument ensued. During the physical argument, Iron Hawk strangled the victim around the neck by using his hands, to the point where the victim almost went unconscious. The victim was not allowed to leave the residence until February 26, 2018. Over the course of the weekend Iron Hawk also assaulted the victim with various weapons, to include a knife, the base of a lamp, and a piece of a bed frame. When the victim was able to leave the residence, law enforcement was called and the victim was transported to the hospital for the injuries she sustained.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Iron Hawk was immediately turned over to the custody of the U.S. Marshals Service.
California Man Charged with Bank RobberyRead the Press Release
United States Attorney Ron Parsons announced that a Palmdale, California, man has been indicted by a federal grand jury for Bank Robbery.
Terrell Maurice Brunston, age 36, was indicted on December 4, 2018. He appeared before U.S. Magistrate Judge Veronica L. Duffy on February 21, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 25 years in federal prison and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on November 15, 2016, Brunston, aided and abetted by another person, took and attempted to take money belonging to the First National Bank, located in Sioux Falls, SD, a bank whose deposits were then insured by the Federal Deposit Insurance Corporation, and assaulted and put in jeopardy the life of another person by the use of a firearm.
The charge is merely an accusation and Brunston is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Brunston was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for April 30, 2019.
Arizona Woman Sentenced for Possession of Fifteen or more Unauthorized Access DevicesRead the Press Release
United States Attorney Ron Parsons announced that a Phoenix, Arizona, woman convicted of Possession of Fifteen or more Unauthorized Access Devices was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Lauren Montgomery, age 31, was sentenced on February 21, 2019, to 41 months in federal prison, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund and $105,605 in restitution to the Internal Revenue Service.
The conviction stems from Montgomery possessing more than 15 unauthorized or counterfeit access devices, specifically names, dates of birth, and social security numbers issued to other persons. Montgomery used this information to file false income tax returns in other individuals’ names to obtain fraudulent tax refunds from the U.S. Internal Revenue Service.
This case was investigated by the Internal Revenue Service. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Montgomery was immediately turned over to the custody of the U.S. Marshals Service.
South Dakotans Indicted on Meth and Gun ChargesRead the Press Release
United States Attorney Ron Parsons announced that an Okreek, South Dakota, woman and a Mission, South Dakota, man have 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. In addition, a Winner, South Dakota, man and a St. Francis, South Dakota, woman were indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance and Possession with Intent to Distribute a Controlled Substance.
Rainbow Stoneman, age 37, Cody Spotted Tail, age 33, Justin Covery, a/k/a Justin Night Shield, age 19, and Marti Rosalie Whirlwind Soldier, age 22, were indicted on December 11, 2018. They appeared before U.S. Magistrate Judge Mark A. Moreno on February 21, 2019. All four individuals pleaded not guilty to the Indictment.
The maximum penalty upon conviction is up to life in prison and/or an $8,000,000 fine, 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 no later than October 15, 2018, and continuing to November 2, 2018, Stoneman, Spotted Tail, Covery, and Night Shield knowingly and intentionally conspired with others to distribute and possess with the intent to distribute methamphetamine, a Schedule II controlled substance, in the District of South Dakota. The Indictment further alleges that Stoneman and Spotted Tail are unlawful users of and addicted to a controlled substance, which prohibits them from possessing firearms, but that they were in possession of a firearm at the time of their arrest.
The charges are merely accusations and Stoneman, Spotted Tail, Covery, and Night Shield are 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.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force and Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Stoneman, Spotted Tail, Covery, and Night Shield were remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Sioux Falls Man Charged with Failure to RegisterRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Phillip Running, age 31, was indicted on February 13, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 21, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between December 14, 2018, and December 20, 2018, Running, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under law, failed to register and update his registration.
The charge is merely an accusation and Running is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Running was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Lower Brule Man Charged with BurglaryRead the Press Release
United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for Third Degree Burglary.
Marlowe LaRoche, age 20, was indicted on February 13, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 22, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 5 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on December 18, 2018, LaRoche entered the Lower Brule Indian Health Service Clinic after normal business hours with the intent to commit larceny.
The charge is merely an accusation and LaRoche is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
LaRoche was released on conditions pending trial. A trial date has not been set.
Former Secretary of Tribal Office Charged with EmbezzlementRead the Press Release
United States Attorney Ron Parsons announced that a former Secretary of the Oglala Sioux Tribe’s Credit and Finance Office has been indicted by a federal grand jury for Embezzlement and Theft from an Indian Tribal Organization. Helen Hernandez, age 41, was indicted on February 5, 2019, and she made her initial appearance before U.S. Magistrate Judge Daneta Wollman on February 21, 2019, in Rapid City, South Dakota.
The Indictment alleged that from February 2014 through June 2015, Hernandez embezzled and converted to her own use more than $1,000 of monies, funds, credits, goods, assets, and other property belonging to the Credit and Finances Office of the Oglala Sioux Tribe, an Indian Tribal Organization. During the time of the embezzlement, Hernandez was serving as the Secretary of that office.
The charge is merely an accusation and Hernandez is presumed innocent until and unless proven guilty. Hernandez pleaded not guilty during her initial appearance. The maximum penalty upon conviction is up to 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The investigation is being conducted by the Department of Interior, Office of Inspector General. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.
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 United States 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.
Colorado Man Sentenced for Methamphetamine DistributionRead the Press Release
United States Attorney Ron Parsons announced that a Westminster, Colorado, man convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on February 22, 2019, by U.S. District Judge Roberto A. Lange.
Matthew Steele, age 34, was sentenced to 57 months in federal prison, followed by 3 years of supervised release, a fine of $1,000, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Steele was indicted by a federal grand jury on June 12, 2018. He pled guilty on December 10, 2018.
The conviction stemmed from an incident that occurred on February 10, 2017, following a traffic stop, Steele knowingly and intentionally possessed with intent to distribute a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, in the District of South Dakota, in and around the Rosebud Sioux Indian Reservation. Steele admitted that between 40 and 50 grams of methamphetamine was in his possession.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Steele was immediately turned over to the custody of the U.S. Marshals Service.
Rosebud Man Charged with Assaulting a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Travis Bird In Ground, age 20, was indicted on February 13, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 20, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on August 25, 2018, Bird In Ground 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.
The charge is merely an accusation and Bird In Ground 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 Michael J. Elmore is prosecuting the case.
Bird In Ground was released on bond pending trial. A trial date has not been set.
Mission Man Charged with Failure to AppearRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Failure to Appear.
William J. Waukechon, age 19, was indicted on February 13, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 21, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
On June 12, 2018, Waukechon was indicted for multiple offenses, including Using and Carrying a Firearm During and in Relation to Crime of Violence. He made his initial appearance on that Indictment on August 13, 2018, and was subsequently released pending trial. The Indictment alleges that on January 22, 2019, Waukechon failed to appear for a scheduled hearing.
The charge is merely an accusation and Waukechon is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Waukechon was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Miller Man Charged with Being a Drug User in Possession of FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Miller, South Dakota, man has been indicted by a federal grand jury for Prohibited Person in Possession of a Firearm.
Johnathan Taylor, age 26, was indicted on February 13, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 22, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between December 1, 2018, and December 12, 2018, Taylor, an unlawful user of and addicted to marijuana, had multiple firearms in his possession. It is a federal felony for any person to possess a firearm while regularly using, or addicted to, illegal drugs.
The charge is merely an accusation and Taylor 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 Department’s 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.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Taylor was released on conditions pending trial. A trial date has not been set.
Eagle Butte Woman Charged with Assault and Child AbuseRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, woman has been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury to a Child and Child Abuse.
Leilih Smart, age 31, was indicted on February 13, 2019. She appeared before U.S. Magistrate Judge Mark A. Moreno on February 20, 2019, 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, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between December 31, 2018, and January 1, 2019, Smart abused and assaulted a child under the age of 7 years old, causing serious bodily injury to the child.
The charges are merely accusations and Smart is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Smart was released on bond pending trial. A trial date has not been set.
Rosebud Man Indicted for Assault and Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Assault by Strangulation and Suffocation, Domestic Assault by an Habitual Offender, and Failure to Register as a Sex Offender.
Michael Yellow Eyes, age 36, was indicted on the Assault charges on October 16, 2018, and the Failure to Register charges on December 11, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 20, 2019, and pled not guilty to both Indictments.
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.
Yellow Eyes was convicted of Abusive Sexual Contact in April 2017. As a result of this conviction, he is required to register as a sex offender. It is alleged that between August 1, 2018, and August 29, 2018, Yellow Eyes, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under Federal Law, failed to properly register as a sex offender.
The Indictment charging Yellow Eyes for Assault by Strangulation and Suffocation and Domestic Assault by an Habitual Offender alleges that on September 20, 2018, Yellow Eyes unlawfully committed a domestic assault upon his spouse and intimate partner and that, at the time of the domestic assault, Yellow Eyes had at least two prior convictions for offenses that would have been, if subject to federal jurisdiction, an assault against a spouse or intimate partner. The Indictment further alleges that Yellow Eyes assaulted his spouse and intimate partner by strangulation and suffocation.
The charges are merely accusations and Yellow Eyes is presumed innocent until and unless proven guilty.
The investigations are being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson is prosecuting the cases.
Yellow Eyes was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been scheduled for April 16, 2019.
Mission Man Charged with Escape and Criminal ContemptRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Escape from Custody and Criminal Contempt.
Roger James Spider, II, a/k/a Roger Spider, Jr., age 28, was indicted on February 13, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 20, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 5 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Spider was indicted for Assault by Strangulation and Suffocation and Domestic Assault by an Habitual Offender on July 17, 2018. He made his initial appearance on that Indictment on December 18, 2018, and was detained in the custody of the U.S. Marshals Service pending trial.
The Indictment alleges that on January 22, 2019, Spider failed to report to the Hughes County Jail following a furlough, as ordered by the U.S. District Court for the District of South Dakota. The Indictment further alleges that Spider willfully and unlawfully disobeyed an order of the U.S. District Court, by not following the terms of the furlough order.
The charges are merely accusations and Spider is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Spider was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Lower Brule Man Charged with Failure to RegisterRead the Press Release
United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Jeffrey Jandreau, age 40, was indicted on February 13, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 20, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between July 30, 2018, and November 16, 2018, Jandreau, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under federal law, did fail to register and update his registration.
The charge is merely an accusation and Jandreau is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Jandreau was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Eagle Butte Man Charged with Failure to RegisterRead 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 Failure to Register as a Sex Offender.
Joseph Marshall, age 39, was indicted on February 13, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 20, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between December 28, 2018, and January 8, 2019, Marshall, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction, did knowingly fail to register and update his registration.
The charge is merely an accusation and Marshall is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Marshall was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Lower Brule Woman Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on February 19, 2019, by U.S. District Judge Roberto A. Lange.
Shanna St. Cloud, age 21, was sentenced to 10 years 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.
St. Cloud was indicted by a federal grand jury on September 11, 2018. She pled guilty on November 27, 2018.
Beginning at a time unknown, but no later than December 1, 2015, through September 11, 2018, St. Cloud knowingly and intentionally conspired with others to distribute methamphetamine in the District of South Dakota, in and around the Crow Creek and Lower Brule Sioux Indian Reservations. The individuals who provided St. Cloud with methamphetamine knew that she intended to engage in further distribution. St. Cloud admitted that between 500 grams and 1.5 kilograms of methamphetamine was distributed during the course of the conspiracy.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force and the Bureau of Indian Affairs. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
St. Cloud was immediately turned over to the custody of the U.S. Marshals Service.
Dupree Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Ron Parsons announced that a Dupree, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on February 20, 2019, by U.S. District Court Judge Roberto A. Lange.
David Little Wounded, age 36, was sentenced to 40 months in federal prison, followed by 4 years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Little Wounded was indicted by a federal grand jury on August 14, 2018. He pled guilty on November 27, 2018.
The conviction stemmed from Little Wounded personally distributing between 200 and 350 grams of methamphetamine in South Dakota, beginning in April of 2016 and continuing through January of 2018.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Little Wounded was immediately turned over to the custody of the U.S. Marshals Service.
Fort Thompson Man Sentenced for Being Felon in Possession of FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Fort Thompson, South Dakota, man convicted of Felon in Possession of a Firearm was sentenced on February 19, 2019, by U.S. District Judge Roberto A. Lange.
Craig Ross, age 29, was sentenced to 26 months in federal prison, followed by 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Ross was indicted by a federal grand jury on September 11, 2018. He pled guilty on November 27, 2018.
The conviction stemmed from an incident on July 29, 2018, when Ross, having previously been convicted of a felony, was apprehended by law enforcement in possession of a firearm. Law enforcement had heard gun shots and located Ross and another individual with a rifle.
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 Department’s 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 was investigated by the Bureau of Indian Affairs, Crow Creek Agency, and Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Ross was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Woman Indicted on Methamphetamine ChargesRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, woman has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance.
Mary Etta Kessler, a/k/a/ Marietta Kessler, age 55, was indicted on February 13, 2019. She appeared before U.S. Magistrate Judge Mark A. Moreno on February 15, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in prison and/or a $5,000,000 fine, 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 at a time unknown, but no later than on April 1, 2016, and continuing to February 13, 2019, in South Dakota, Kessler knowingly and intentionally conspired with others to distribute and possess with the intent to distribute methamphetamine, a Schedule II controlled substance.
The charge is merely an accusation and Kessler is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Kessler was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rapid City Woman Sentenced for Illegal Possession of FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, woman convicted of Possession of a Firearm by a Prohibited Person was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Gabrielle M. Koenig, age 45, was sentenced on February 13, 2019, to 37 months in federal prison, to be followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Koenig was charged on January 23, 2018. The conviction stems from Koenig knowingly being in possession of several firearms, while unlawfully using and distributing methamphetamine.
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 was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted and tried the case.
Koenig was remanded to the custody of the U.S. Marshals Service.
Eagle Butte Man Indicted on Methamphetamine and Firearm ChargesRead 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 Conspiracy to Distribute a Controlled Substance, Maintaining Drug-Involved Premises, Distribution to Persons Under Age Twenty-One, Possession With Intent to Distribute a Controlled Substance, and Prohibited Person in Possession of a Firearm.
Jess Brian Ducheneaux, age 56, was charged by Superseding Indictment on January 23, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 14, 2019, and pled not guilty to the Superseding Indictment.
The maximum penalty upon conviction is up to life in prison and/or a $8,000,000 fine, 10 years of supervised release, and $100 to the Federal Crime Victims Fund for each Count. Restitution may also be ordered.
Ducheneaux was indicted for Conspiracy to Distribute a Controlled Substance in December 2018. The Superseding Indictment further alleges that Ducheneaux maintained a residence where he provided methamphetamine to others, including a person under the age of twenty-one. The Superseding Indictment further alleges that Ducheneaux is an unlawful user of and addicted to a controlled substance which prohibits him from possessing firearms, however, it is alleged he was in possession of two firearms at the time of his arrest.
The charges are merely accusations and Ducheneaux 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.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Ducheneaux was released on bond pending trial, which is set for April 16, 2019.
Sioux Falls Man Charged with Failure to RegisterRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
David George Flute, III, age 29, was indicted on February 13, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 14, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 5 years up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that Flute, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction, did fail to register and update his registration as required.
The charge is merely an accusation and Flute is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Flute was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Pine Ridge Man Sentenced for Sexual Abuse of a MinorRead the Press Release
United States Attorney Ron Parsons announced that a Pine Ridge, South Dakota, man convicted of Sexual Abuse of a Minor was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Elmer Yellow Hair III, age 23, was sentenced on February 11, 2019, to 14 months in federal prison, followed by 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Yellow Hair was indicted by a federal grand jury in July 2018. The conviction stems from Yellow Hair engaging in sexual intercourse with a 15 year old female on May 9, 2018, at Pine Ridge.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Yellow Hair was immediately turned over to the custody of the U.S. Marshals Service.
Life in Federal Prison for Former Tribal Official Convicted of 15 Counts of Sexual Abuse Crimes Involving ChildrenRead the Press Release
United States Attorney Ron Parsons announced that a Lake Andes, South Dakota, man was sentenced to 12 concurrent life sentences and to 3 concurrent 10-year terms of imprisonment on February 11, 2019, by U.S. District Judge Karen E. Schreier.
Quentin P. Bruguier, Jr., a/k/a “JB,” age 55, was sentenced to life in federal prison for each of the 12 counts of aggravated sexual abuse and to 10 years, the statutory maximum, for each of the 3 counts of abusive sexual contact. He was also ordered to pay $1,500 to the Federal Crime Victims Fund.
Following a week-long trial, Bruguier was convicted by a federal jury on November 16, 2018. He was charged in a 15-count indictment for various aggravated sexual abuse charges involving children. Between 1992 and 2016, Bruguier, who was a former Yankton Sioux Tribal Official, engaged in these sexual acts using fear, force, or both, when perpetrating the sexual assaults.
While pronouncing its sentence, the Court stated, “Over a 30-year time period, you took advantage of any young female around you.” The Court also acknowledged the victims by stating, “The girls that came forward were some of the strongest I’ve seen.”
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.
Bruguier was immediately remanded to custody to continue serving his sentence.
St. Francis Woman Sentenced for Involuntary Manslaughter and Criminal ContemptRead the Press Release
United States Attorney Ron Parsons announced that a St. Francis, South Dakota, woman convicted of Involuntary Manslaughter and Criminal Contempt was sentenced on February 4, 2019, by U.S. District Judge Roberto A. Lange.
Omalewin Neck, age 25, was sentenced to 36 months in federal prison for Involuntary Manslaughter, and 2 months in federal prison for Criminal Contempt, with the sentences to be served consecutively, followed by 3 years of supervised release. Neck was also ordered to pay a special assessment to the Federal Crime Victims Fund in the amount of $110, and to pay restitution of $1,500. Additional restitution may apply.
Neck was indicted by a federal grand jury on the Involuntary Manslaughter charge on January 17, 2018. She pled guilty on August 7, 2018.
The Involuntary Manslaughter conviction stemmed from an incident that occurred near St. Francis on the evening of October 1, 2017. On that date, Neck had been consuming alcohol, and was driving a car northbound on BIA 1 south of St. Francis. The victim, an adult female, was seated in the front passenger seat. As Neck approached St. Francis at a high rate of speed, she lost control of the vehicle and left the roadway. The vehicle rolled multiple times, causing Neck and the victim to be ejected from the vehicle. The victim died as a result of injuries suffered in the wreck. Neck sustained serious injuries in the wreck and was hospitalized.
On December 1, 2018, Neck was in custody pending sentencing for Involuntary Manslaughter, and was granted a furlough to attend a funeral. She did not go to the funeral and instead went to the Ft. Randall Casino Hotel in Lake Andes, South Dakota, and consumed alcoholic beverages. She was arrested later that day at the Ft. Randall Casino Hotel. Based on the foregoing, on December 11, 2018, Neck was indicted by a federal grand jury on the Criminal Contempt charge. She pled guilty on January 23, 2019.
The cases were investigated by the Rosebud Sioux Tribe Law Enforcement Services, the U.S. Marshals Service, and the Yankton Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the cases.
Neck was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Charged with Wire Fraud and Money LaunderingRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury on 11 counts of Wire Fraud and Money Laundering.
Paul Erickson, age 57, was indicted on February 5, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 6, 2019, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in federal prison for each count, and/or a $250,000 fine for wire fraud, and/or a $500,000 fine for money laundering, 3 years of supervised release, and up to $1,100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about 1996, through August of 2018, Erickson knowingly and unlawfully devised a scheme and artifice to defraud and to obtain money from many victims by means of false and fraudulent pretense, representations, and promises. Erickson owned and operated Compass Care, Inc., Investing with Dignity, LLC, and an unnamed venture to develop land in the Bakken oil fields in North Dakota. Erickson made various false and fraudulent representations to individuals located in South Dakota and elsewhere, to induce those investors to give him money to invest in his businesses, which were part of a scheme to defraud them and personally enrich Erickson.
The charges are merely accusations and Erickson is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Internal Revenue Service Criminal Investigation. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Erickson was released on bond. A trial date has not been set.
Rosebud Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on February 4, 2019, by U.S. District Judge Roberto A. Lange.
Tyrone Steven Andrews, age 26, was sentenced to 15 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.
Andrews was indicted by a federal grand jury on August 14, 2018. He pled guilty on December 12, 2018.
Andrews was convicted of Abusive Sexual Contact in July 2016. As a result of this conviction, he is required to register as a sex offender. On July 2, 2018, Andrews registered his address as the Union Gospel Mission in Sioux Falls; on July 5, 2018, Andrews absconded from the Union Gospel Mission and failed to update his registration between July 8, 2018, and August 14, 2018.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Michael J. Elmore prosecuted the case.
Andrews was immediately turned over to the custody of the U.S. Marshals Service.
Oglala Man Sentenced to 16 Years in Deaths of Three Family Members and Unborn ChildRead the Press Release
United States Attorney Ron Parsons announced that an Oglala, South Dakota, man convicted of three counts of Involuntary Manslaughter was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Tyler Makes Him First, age 29, was sentenced on February 1, 2019, to 16 years in federal prison, followed by 3 years of supervised release, and ordered to pay a $300 special assessment to the Federal Crime Victims Fund and $9,300 in restitution.
Makes Him First was charged on May 22, 2018. The conviction stems from Makes Him First crossing into oncoming traffic on BIA 27 at a high rate of speed while intoxicated, hitting an oncoming car and killing all three occupants, including a one-year old child and a pregnant woman, in November 2017 near Porcupine.
This case was investigated by the Federal Bureau of Investigation and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
California Man Sentenced for Threatening CommunicationsRead the Press Release
United States Attorney Ron Parsons announced that a California man convicted of Interstate Communications of Threats to Injure was sentenced on February 4, 2019, by U.S. District Judge Roberto A. Lange.
Zackary Anthony Mitchell, age 23, was sentenced to time served through February 6, 2019, 1 year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100. As part of the supervised release plan, he will return to California and be on home confinement to his father’s home for 5 months.
Mitchell was indicted by a federal grand jury on October 16, 2018. He pled guilty on January 3, 2019.
The conviction stemmed from an incident that occurred between December 23, 2017, and January 14, 2018, when Mitchell repeatedly texted the victim threatening harm and injury to her and threats of killing her family.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Michael J. Elmore prosecuted the case.
Mitchell was immediately turned over to the custody of the U.S. Marshals Service.
St. Francis Woman Sentenced for Simple Assault of a MinorRead the Press Release
United States Attorney Ron Parsons announced that a St. Francis, South Dakota, woman convicted of Simple Assault of a Minor was sentenced on January 31, 2019, by U.S. Magistrate Judge Mark A. Moreno.
Tara Red Kettle, a/k/a Tera Red Kettle, age 20, was sentenced to 9 months and 18 days in federal prison, followed by 1 year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $25.
Red Kettle was indicted by a federal grand jury on June 12, 2018. She pled guilty on January 31, 2019.
The conviction stemmed from an incident that occurred on April 6, 2018, wherein Red Kettle threw her infant child on a bed in frustration, causing the child’s head to strike a wall.
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.
Red Kettle was immediately turned over to the custody of the U.S. Marshals Service.
Rosebud Man Charged with Assaulting a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Jonathan Anthony Jones, a/k/a D.J. Jones, age 29, was indicted on January 22, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 31, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on November 16, 2018, Jones 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 the use of a dangerous weapon.
The charge is merely an accusation and Jones 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.
Jones was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rapid City Man Sentenced for Felony Child Abuse and NeglectRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Felony Child Abuse and Neglect was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Joseph Briseno, age 41, was sentenced on January 28, 2019, to 60 months in federal prison, followed by 1 year of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Briseno was indicted for the charge by a federal grand jury on August 22, 2017. The conviction stems from Briseno inappropriately touching his stepdaughter between 2013 and 2016.
This case was investigated by the Oglala Sioux Tribe Department of Public Safety and the Federal Bureau of Investigation. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Briseno was immediately turned over to the custody of the U.S. Marshals Service.
Federal Drug Trafficking Prosecutions UpdateRead the Press Release
SIOUX FALLS, S.D. – United States Attorney Ron Parsons announced additional case developments in federal drug prosecutions occurring in approximately the past six weeks. During any lapse in Congressional appropriations, the U.S. Department of Justice has contingency procedures to ensure that the Department’s essential public safety and national security missions continue unabated. As a result, the U.S. Attorney’s Office and federal investigative agencies continued to work full-time alongside their state, local, and tribal partners on all criminal cases and prosecutions throughout the partial federal government shutdown, which now has ended.
“The men and women at every level of law enforcement working here in South Dakota should be commended for their exceptional efforts in helping to bring drug trafficking offenders to justice and take these deadly poisons off the streets,” said U.S. Attorney Parsons. “The high quality of investigative police work done by these professionals continues to produce outstanding results.”
In approximately the past six weeks, the following investigations, involving 42 criminal defendants, have resulted in previously unannounced indictments, arraignments, guilty pleas, or prison sentences in drug-related prosecutions by the U.S. Attorney’s Office for the District of South Dakota. In the cases listed below, 33 defendants were involved in trafficking methamphetamine, and at least 11 defendants were involved in trafficking opioids such as heroin and fentanyl.
FEDERAL INDICTMENTS
Shannon Lee Coon. On December 11, 2018, Shannon Lee Coon (age 42) of Sioux Falls, SD, was arraigned before U.S. Magistrate Judge Veronica L. Duffy on a federal charge for conspiracy to distribute 500 grams or more of methamphetamine and pleaded not guilty to the Indictment. The charge is merely an accusation and Coon is presumed innocent until and unless proven guilty.
Curtis Samuel Webb and Roderick Leon Scott. Curtis Samuel Webb, also known as Corey Shawn Smith (age 42) and Roderick Leon Scott (age 43) both of Sioux Falls, SD, were indicted for conspiracy to distribute 500 grams or more of methamphetamine. On December 14, 2018, Webb was arraigned before U.S. Magistrate Judge Veronica L. Duffy and pleaded not guilty to the Indictment. On December 18, 2018, Scott was arraigned before Judge Duffy and also pleaded not guilty to the Indictment. Both Webb and Scott were remanded to the custody of the U.S. Marshals. These charges are merely accusations and Webb and Scott are presumed innocent until and unless proven guilty.
Jess Brian Ducheneaux. On December 18, 2018, Jess Brian Ducheneaux (age 56) of Eagle Butte, SD, was arraigned before U.S. Magistrate Judge Mark A. Moreno on a federal charge of Conspiracy to Distribute a Controlled Substance (methamphetamine). Ducheneaux pleaded not guilty and was remanded to the custody of the U.S. Marshals. On January 23, 2019, a Superseding Indictment was filed charging Ducheneaux with conspiracy to distribute methamphetamine, and adding additional charges of maintaining a drug-involved premises in Ridgeview, SD, for the purpose of distributing methamphetamine, distributing it to a person under the age of 21, possession of methamphetamine, and being a prohibited person in possession of a firearm. These charges are merely accusations and Ducheneaux is presumed innocent until and unless proven guilty.
Michael Anthony Williams. On December 18, 2018, Michael Anthony Williams (age 32) of Sioux Falls, SD, was arraigned before U.S. Magistrate Judge Veronica L. Duffy for conspiracy to distribute 500 grams or more of methamphetamine. He pleaded not guilty to the Indictment. The maximum penalty is a mandatory 10 years in federal prison up to life. Williams was remanded to the custody of the U.S. Marshals. The charge is merely an accusation and Williams is presumed innocent until and unless proven guilty.
Felon Marie Bad Milk. On December 18, 2018, a federal indictment was filed against Felon Marie Bad Milk, a/k/a Fallon (age 34), of Manderson, SD, charging her with False Statements Relating to Health Care Matters and Attempt to Obtain Controlled Substance by Fraud (hydrocodone, a prescription opioid). She was arraigned before U.S. Magistrate Judge Daneta Wollmann on December 21, 2018, and pleaded not guilty to the Indictment. These charges are merely accusations and Bad Milk is presumed innocent until and unless proven guilty.
Michael Carey and Robin Wallach. Husband and wife Michael David Carey (age 57) and Robin Lianne Wallach (age 55), both of Rapid City, SD, were federally indicted for Conspiracy to Distribute a Controlled Substance (methamphetamine). Carey was additionally charged with Possession with Intent to Distribute a Controlled Substance (methamphetamine). On December 21, 2018, Wallach appeared before U.S. Magistrate Judge Daneta Wollmann and pleaded not guilty to the Indictment. At his arraignment before Judge Wollmann in November, Carey also pleaded not guilty to the Indictment. These charges are merely accusations and Carey and Wallach are presumed innocent until and unless proven guilty.
Michael Bettelyoun. On January 2, 2019, Michael Bettelyoun (age 25) of Rapid City, SD, was arraigned before U.S. Magistrate Judge Mark A. Moreno on federal charges for Conspiracy to Distribute a Controlled Substance (methamphetamine) on the Rosebud Indian Reservation, as well as Possession of Ammunition by a Prohibited Person. He pleaded not guilty to the Indictment and was remanded to the custody of the U.S. Marshals. These charges are merely accusations and Bettelyoun is presumed innocent until and unless proven guilty.
Cole Emery and Shelbyjo Two Eagle, a/k/a Shelbyjo Larvie. On January 2, 2019, Cole Emery (age 24) and Shelbyjo Two Eagle, also known as Shelbyjo Larvie (age 24) both of Mission, SD, were arraigned before U.S. Magistrate Judge Mark A. Moreno on federal charges for conspiracy to distribute methamphetamine on the Rosebud Indian Reservation. The Indictment specifically alleges that Emery conspired with others to possess with intent to distribute 500 grams or more of methamphetamine, while Two Eagle conspired with others to possess with intent to distribute 50 grams or more of methamphetamine. The Indictment further alleges that Two Eagle, being an unlawful user of and addicted to a controlled substance, unlawfully possessed 9mm ammunition. Both pleaded not guilty. They were remanded to the custody of the U.S. Marshals. These charges are merely accusations and Emery and Two Eagle are presumed innocent until and unless proven guilty.
Justin Robert Christensen; Nicholas Scott Flier; Paris Bryn Koller; and Brandon Alan Watters. On January 8, 2019, Justin Robert Christensen (age 30) of Sioux Falls, SD; Nicholas Scott Flier (age 25) of Valley Springs, SD; Paris Bryn Koller (age 25) address unknown; and Brandon Alan Watters (age 24) of Sioux Falls, SD, were indicted in federal court for a conspiracy to distribute 500 grams or more of methamphetamine. These charges are merely accusations and Christensen, Flier, Koller, and Watters are presumed innocent until and unless proven guilty.
Samuel Patrick O’Rourke. On January 9, 2019, Samuel Patrick O’Rourke (age 36) of Rapid City, SD, was arraigned in federal court by U.S. Magistrate Judge Daneta Wollmann on one count of Conspiracy to Distribute a Controlled Substance (methamphetamine) and two counts of Distribution of a Controlled Substance (methamphetamine). He pleaded not guilty to the Indictment and was remanded to the custody of the U.S. Marshals. These charges are merely accusations and O’Rourke is presumed innocent until and unless proven guilty.
Ian Royal Bjornstad. On January 15, 2019, Ian Royal Bjornstad (age 41) of Carlsbad, CA, was arraigned in federal court before U.S. Magistrate Judge Veronica L. Duffy in Sioux Falls on a charge for distribution of heroin resulting in death. He pleaded not guilty to the Indictment and was remanded to the custody of the U.S. Marshals. The charge is merely an accusation and Bjornstad is presumed innocent until and unless proven guilty.
Larry Gerard Norquist. On January 23, 2019, a federal indictment was filed against Larry Gerard Norquist (age 54) of Rapid City, SD, charging him with two counts of Conspiracy to Distribute a Controlled Substance (methamphetamine and heroin). On January 25, 2019, he was arraigned before U.S. Magistrate Judge Daneta Wollmann and pleaded not guilty to the Indictment. He was remanded to the custody of the U.S. Marshals. These charges are merely accusations and Norquist is presumed innocent until and unless proven guilty.
Dana Faulkner, a/k/a “Diablo.” On January 23, 2019, a federal Superseding Indictment was filed against Dana Faulkner, also known as “Diablo” (age 40), of Aurora, CO, charging him with Conspiracy to Distribute Controlled Substances (methamphetamine, heroin, and cocaine) in the Rapid City and Northern Black Hills area, Use of Firearm in Furtherance of Drug Trafficking Crime, Possession of a Firearm by a Prohibited Person, and Obstruction of Justice. Faulkner remains in the custody of the U.S. Marshals. These charges are merely accusations and Faulkner is presumed innocent until and unless proven guilty.
Jocelyn Chasing Hawk. On January 23, 2019, Jocelyn Chasing Hawk, also known as Jocelyn Bear Eagle (age 37) of Eagle Butte, SD, was indicted for Conspiracy to Distribute a Controlled Substance (methamphetamine) on the Cheyenne River Indian Reservation. The maximum penalty upon conviction is up to life in federal prison. The Indictment alleges that Chasing Hawk intentionally combined and conspired with others to distribute and possess with intent to distribute 500 grams or more of meth. The charge is merely an accusation and Chasing Hawk is presumed innocent until and unless proven guilty.
Clinton Lewis Haukaas. On January 23, 2019, Clinton Lewis Haukaas (age 39) of Rosebud, SD, was arraigned before U.S. Magistrate Judge Mark A. Moreno on federal charges for Conspiracy to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person. The Superseding Indictment alleges that Haukaas knowingly and intentionally combined, conspired, and confederated with others to distribute and possess with intent to distribute 500 grams or more of methamphetamine. The Superseding Indictment also alleges that on or about June 6, 2018, Haukaas, then being an unlawful user of and addicted to a controlled substance, knowingly possessed a firearm, which had been shipped and transported in interstate commerce. These charges are merely accusations and Haukaas is presumed innocent until and unless proven guilty.
Arlene Siers. On January 23, 2019, Arlene Siers (age 30) of Mission, SD, was indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance, Possession of a Firearm in Furtherance of a Drug Trafficking Crime, and Possession of a Firearm by a Prohibited Person. She appeared before U.S. Magistrate Judge Mark A. Moreno on January 31, 2019, and pleaded not guilty to the Indictment. The Indictment alleges that Siers, knowingly and intentionally, combined, conspired, confederated, and agreed with others to distribute and possess with intent to distribute 500 grams or more of methamphetamine. The Indictment further alleges that on August 31, 2018, Siers possessed a firearm in furtherance of a drug trafficking crime and that while she possessed the firearm, she was a user of and addicted to a controlled substance. The maximum penalty upon conviction is up to life in federal prison and/or a $10 million fine and 5 years of supervised release. These charges are merely accusations and Siers is presumed innocent until and unless proven guilty.
Nathan Reuer. On January 24, 2019, a federal criminal complaint was filed against Nathan Reuer (age 25) of Rapid City, SD, charging him with Importation of a Controlled Substance and Possession with Intent to Distribute a Controlled Substance (methamphetamine, fentanyl and heroin). These charges are merely accusations and Reuer is presumed innocent until and unless proven guilty.
Sheri Rademacher. On January 29, 2019, Sheri Rademacher, also known as Sherri Lynn Whiting (age 44) of Britton, SD, was arraigned before U.S. Magistrate Judge Mark A. Moreno on federal charges for Conspiracy to Distribute a Controlled Substance (methamphetamine), Possession with Intent to Distribute a Controlled Substance (methamphetamine), and Possession of a Firearm by a Prohibited Person. She pleaded not guilty. These charges are merely accusations and Rademacher is presumed innocent until and unless proven guilty.
GUILTY PLEAS
Harold Brewer, Jr. On December 28, 2018, Harold Brewer, Jr. (age 29) of Pine Ridge, SD, appeared before U.S. Magistrate Judge Daneta Wollmann and pleaded guilty to Conspiracy to Distribute a Controlled Substance (methamphetamine). As part of his involvement in the conspiracy, Brewer obtained methamphetamine from co-conspirators and sold it to multiple people in Western South Dakota. Sentencing is scheduled for June 18, 2019, before Chief Judge Jeffrey L. Viken. Brewer faces a mandatory minimum sentence of 10 years up to life in prison, a $10 million fine, or both, and a term of supervised release.
Cathy Wells. On January 4, 2019, Cathy Wells (age 50) of Box Elder, SD, appeared before U.S. Magistrate Judge Daneta Wollmann and pleaded guilty Conspiracy to Distribute a Controlled Substance (methamphetamine). As part of her involvement in the conspiracy, Wells obtained methamphetamine from Colorado, transported it to South Dakota, and sold it to multiple people in the Rapid City area. Sentencing is scheduled for May 10, 2019. Wells faces a mandatory minimum sentence of 10 years up to life in prison, a $10 million fine, or both, and a term of supervised release.
Joseph Bradshaw. On January 25, 2019, Joseph Bradshaw (age 37) of Sturgis, SD, appeared before U.S. Magistrate Judge Daneta Wollmann and pleaded guilty to Conspiracy to Distribute a Controlled Substance (methamphetamine). Bradshaw obtained the methamphetamine from California and sold it to multiple people in the Northern Hills and Rapid City area. As part of his scheme, Bradshaw hid his methamphetamine and proceeds in the forest. Sentencing is scheduled for June 18, 2019. Bradshaw faces a mandatory minimum sentence of 10 years up to life in prison, a $10 million fine, or both, and a term of supervised release.
Jeffrey Donald Bartholomew. On January 31, 2019, Jeffrey Donald Bartholomew (age 30) of Denver, CO, appeared before U.S. District Judge Karen E. Schreier and pleaded guilty to Conspiracy to Distribute a Controlled Substance. Beginning at a date unknown and continuing through June 19, 2017, Bartholomew knowingly and intentionally combined, conspired, confederated, and agreed with others to distribute 400 grams or more of fentanyl obtained over the Dark Web. Sentencing is scheduled for April 22, 2019.
Trish Ann Moravetz. On January 31, 2019, Trish Ann Moravetz (age 43) of Lynn, MN, also known as Tricia Moravetz and Trish Behnke, appeared before U.S. District Judge Karen E. Schreier and pleaded guilty to Conspiracy to Distribute a Controlled Substance. Beginning at a date unknown and continuing through March 21, 2018, Moravetz knowingly and intentionally combined, conspired, confederated, and agreed with others to distribute 500 grams or more of methamphetamine. Sentencing is scheduled for April 22, 2019.
Nicholas Michael Snowden. On January 31, 2019, Nicholas Michael Snowden (age 40) of Sioux Falls, SD, appeared before U.S. District Judge Karen E. Schreier and pleaded guilty to an Indictment that charged him with conspiracy to distribute 500 grams or more of methamphetamine. The maximum penalty upon conviction is life in federal prison, and/or a $10,000,000 fine, and a lifetime of supervised release. Snowden’s sentencing before Judge Schreier is scheduled for April 22, 2019.
April Villagomez. On January 31, 2019, April Villagomez (age 38) of Yankton, SD, appeared before U.S. District Judge Karen E. Schreier and pleaded guilty to an Indictment that charged her with Conspiracy to Distribute a Controlled Substance (methamphetamine). The maximum penalty upon conviction is 40 years in federal prison and/or a $5,000,000 fine, and a lifetime of supervised release. Villagomez’s sentencing before Judge Schreier is scheduled for April 22, 2019.
FEDERAL PRISON SENTENCES
Meloni Ann Old Lodge. On December 10, 2018, Meloni Old Lodge (age 43) of a Mission, SD, was sentenced by U.S. District Judge Roberto A. Lange to 7 months in federal prison, followed by 3 years of supervised release. Old Lodge was convicted on January 5, 2018, of Conspiracy to Distribute a Controlled Substance. Old Lodge admitted that beginning in September of 2015, she received distributable quantities of methamphetamine and distributed it in South Dakota. The individuals who provided the methamphetamine to her knew she intended to engage in further distribution of it.
Sherie Roxanne Mitchell. On December 21, 2018, Sherie Roxanne Mitchell (age 35) of St. Louis, MO, was sentenced by U.S. District Judge Karen E. Schreier to 5 years in federal prison for conspiracy to distribute heroin, followed by 3 years of supervised release. During her involvement in the conspiracy, which ran from an unknown date to on or about September 5, 2017, Mitchell connected her co-conspirator with heroin customers in South Dakota.
Shania Rose Hofer. On January 4, 2019, Shania Rose Hofer (age 21) of Sioux Falls, SD, was sentenced by U.S. District Judge Karen E. Schreier to 20 years in federal prison, followed by 5 years of supervised release. Hofer was convicted of Distribution of a Controlled Substance Resulting in Serious Bodily Injury on October 22, 2018. On or about April 23, 2018, Hofer knowingly and intentionally distributed a mixture and substance containing heroin to an individual in Sioux Falls. Later that day, the person used the heroin sold by Hofer and was found unconscious. First responders were unable to detect the victim’s pulse and observed that he was not breathing. They began to perform CPR and administered two doses of Narcan before he was revived. While at the scene, law enforcement collected a syringe found next to the victim that tested positive for both heroin and fentanyl. But for the heroin provided by Hofer, the victim would not have stopped breathing.
Angela Martin a/k/a Angela Bald Eagle, a/k/a Angela Ice. On January 7, 2019, Angela Martin (age 39) of Rapid City, SD, who was previously convicted of Conspiracy to Distribute a Controlled Substance (methamphetamine), was sentenced by Chief Judge Jeffrey L. Viken to 10 years in federal prison, followed by 5 years of supervised release. The conviction stems from an incident beginning on or about March 2015 and ending on or about December 2016, when the Defendant knowingly and intentionally conspired with others to obtain methamphetamine and distribute it in South Dakota.
Andy Ontiveros. On January 14, 2019, Andy Ontiveros (age 39) of Minneapolis, MN, was sentenced by U.S. District Judge Karen E. Schreier to 12 ½ years in federal prison, followed by 5 years of supervised release. He was convicted on October 16, 2018, of Possession with Intent to Distribute 400 grams or more of a substance containing fentanyl. On or about May 28, 2018, Ontiveros was inside his parked vehicle on the shoulder of I-29 in Minnehaha County, SD. A Deputy with the Minnehaha County Sheriff’s Office approached and requested assistance from the South Dakota Highway Patrol. Ontiveros gave consent for the officers to search the vehicle. The search uncovered 264 grams of heroin and 993 grams of fentanyl hidden inside the vehicle. Ontiveros admitted that he intended to distribute the substances both in South Dakota and elsewhere.
Amy Lynn Crandall. On January 22, 2019, Amy Lynn Crandall (age 27) of Sioux Falls, SD, was sentenced by U.S. District Judge Karen E. Schreier to 10 years in federal prison, followed by 5 years of supervised release. Crandall was previously convicted of conspiracy to distribute 500 grams or more of methamphetamine. Beginning on an unknown date and continuing until on or about May 8, 2018, Crandall provided methamphetamine for other co-conspirators to distribute in Sioux Falls and elsewhere.
Cory Poelstra. On January 28, 2019, Cory Poelstra (age 29) of Yankton, SD, was sentenced by U.S. District Judge Karen E. Schreier to 10 years and one month in federal prison, to be followed by 3 years of supervised release. On October 19, 2017, a search warrant was executed at Poelstra’s residence in Yankton. Inside the house, law enforcement discovered and seized two firearms, approximately 660 fentanyl pills, approximately 112 grams of cocaine, approximately .54 grams of heroin, approximately 27 grams of marijuana wax, approximately 2.8 kilos of marijuana, approximately 36.9 grams of hash, 4 MDMA pills, 4 pills containing methamphetamine, and $86,019 in cash. Law enforcement officers also located hundreds of empty U.S. Mail parcels, and several empty UPS and Fed Ex packages that had been used to send controlled substances to Poelstra. Officers later recovered $460,200 in cash stashed by Poelstra.
Jose Angel Ramirez-Villegas. On January 29, 2019, Jose Angel Ramirez-Villegas (age 25) a Mexican national living in Volga, SD, was sentenced by U.S. District Judge Karen E. Schreier to 10 years and one month in federal prison, followed by 4 years of supervised release. Ramirez-Villegas was convicted of Conspiracy to Distribute a Controlled Substance on October 18, 2018. Ramirez-Villegas twice sold methamphetamine to a cooperating individual in May, 2018, totaling four ounces. On June 8, 2018, law enforcement stopped his vehicle to arrest him on outstanding warrants. Law enforcement located $7,520 in Ramirez’s front pants pocket, of which $2,900 was drug buy funds used during one of the May controlled purchases of methamphetamine.
Paul Alan Sandersfeld. On February 1, 2019, Paul Alan Sandersfeld (age 39) of Sioux Falls, SD, was sentenced by U.S. District Judge Karen E. Schreier to 20 years in federal prison, followed by 4 years of supervised release. Sandersfeld was convicted of Conspiracy to Distribute a Controlled Substance (methamphetamine) on August 20, 2018. Officers had seized over 180 grams of methamphetamine and $13,530 in cash. Sandersfeld purchased it from others and sold it in the Sioux Falls area.
Devlin Tommeraasen. On February 1, 2019, Devlin Tommeraasen (age 24) of Sioux Falls, SD, was sentenced by U.S. District Judge Karen E. Schreier to 10 years in federal prison, followed by 3 years of supervised release. Tommeraasen was convicted of conspiracy to distribute heroin. The heroin was laced with fentanyl. Tommeraasen sold the drugs that led to the death of another person.
John Edward Monette. On February 1, 2019, John Edward Monette (age 50) of Sioux Falls, SD, was sentenced by U.S. District Judge Karen E. Schreier to 5 years in federal prison, followed by 3 years of supervised release. Monette was convicted of Conspiracy to Distribute a Controlled Substance on November 15, 2018. On April 25, 2018, a federal search warrant was executed on Monette’s residence. Law enforcement officers seized approximately 838 grams of MDMA, numerous ecstasy pills, approximately 69 grams of cocaine, drug packaging, scales, shipping materials, computers, cell phones, and a rifle. Also seized were 3.3882104 Bitcoin (approximate value $32,464.38) from a Mycelium wallet on Monette’s cell phone. Monette had been buying MDMA and other controlled substances from sellers in Europe and elsewhere via the Dark Web. He used Bitcoin to pay his suppliers, and received the drugs via mail. He also used the mail to deliver drugs to his customers.
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.
Many 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.
The cases listed above are being investigated by the Sioux Falls Area Drug Task Force, Northern Plains Safe Trails Drug Enforcement Task Force based in both Rapid City and Pierre, Drug Enforcement Agency (DEA), Federal Bureau of Investigation (FBI), Homeland Security Investigations (HSI), Unified Narcotics Enforcement Team (UNET), U.S. Postal Service, U.S. Department of Health and Human Services OIG/OI, Bureau of Indian Affairs (BIA), South Dakota Division of Criminal Investigation (DCI), South Dakota Highway Patrol, Minnehaha County Sheriff’s Office, Sioux Falls Police Department, Pennington County Sheriff’s Office, Rapid City Police Department, Oglala Sioux Tribe Department of Public Safety, Rosebud Sioux Tribe Law Enforcement Services, Cheyenne River Sioux Tribe Law Enforcement Services, Yankton Police Department, Pierre Police Department, Mobridge Police Department, and the South Dakota National Guard.
Assistant U.S. Attorneys John Haak, Jennifer Mammenga, Meghan Dilges, Tamara Nash, Benjamin Patterson, Kathryn Rich, Michael Elmore, Cameron Cook, and Gina Nelson are prosecuting the cases.
U.S. Attorney’s Guardians Project Results in Multiple Defendants Facing Federal Charges and SentencingRead the Press Release
United States Attorney Ron Parsons has announced the following charges and pleas in cases, identified below, brought by the Guardians Project, a collaborative federal law enforcement initiative in the District of South Dakota designed to promote citizen disclosure of public corruption, fraud, and embezzlement involving federal program funds, contracts, and grants, and to hold accountable those responsible for adversely affecting those living in South Dakota’s Indian country communities.
Led by the U.S. Attorney’s Office, participating federal agencies in the Guardians Project include: the Federal Bureau of Investigation; 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; and the U.S. Postal Service, Office of Inspector General.
For additional information about The Guardians Project, please contact the U.S. Attorney’s Office at (605) 330-4400. To report a suspected crime, please contact law enforcement at the federal agency’s locally listed telephone number.
Business Owner Indicted for Bribery Related to Programs Receiving Federal Funds
John Thomas German, age 35 of Peever, South Dakota, was indicted on January 8, 2019, on three counts of bribery concerning programs receiving federal funds. German appeared before U.S. Magistrate Judge William D. Gerdes on January 24, 2019, and pleaded not guilty to the Indictment.
The Indictment alleges that on or about November 6, 2017, November 17, 2017, and between January 1, 2018, and August 10, 2018, in the District of South Dakota, John Thomas German, Jr., did corruptly give, offer, and agree to give a thing of value to any person intending to influence and reward an agent of the Dakota Nations Development Corporation, in connection with a transaction and series of transactions of the Dakota Nations Development Corporation involving $5,000 or more.
The maximum penalty upon conviction is up to 10 years in prison, and/or a $250,000 fine, or both, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The investigation is being conducted by the Federal Bureau of Investigation and the U.S. Attorney’s Office. Assistant U.S. Attorney Jeremy Jehangiri is prosecuting the case.
The charges are merely accusations and the defendant is presumed innocent until and unless proven guilty.
Idaho Business Owner and His Company Plead Guilty to Wire Fraud and Conspiracy Charges for defrauding Oglala Sioux Tribe
Christopher A. Hoshaw, age 45, of Meridian, Idaho, appeared before U.S. District Judge Karen E. Schreier on January 28, 2019, and pleaded guilty to an Information that charged him with Wire Fraud. Hoshaw also appeared on behalf of his Boise-based company, All Around Sports, LLC, which pleaded guilty to Conspiracy to Commit Wire Fraud.
According to documents filed with the Court, beginning at a time unknown but no later than on or about December 2015, and continuing through December 2016, in the District of South Dakota and elsewhere, All Around Sports, LLC, with others known and unknown to the United States, did conspire to commit the offense of wire fraud. Through company representatives, All Around Sports, LLC, willfully and unlawfully devised a scheme to defraud and obtain money and property from others by means of false and fraudulent pretenses, representations, and promises. Those representatives knowingly participated, using the company as a conduit, by receiving money transfers from sources they knew were the victims of the fraudulent scheme. Those representatives also acted willfully for the purpose of enriching the company and themselves. The object of the conspiracy was to enrich the owner, managers, and employees of All Around Sports, LLC, by fraudulently obtaining funds.
On or about May 11, 2016, in the District of South Dakota and elsewhere, Christopher A. Hoshaw devised and intended to devise a scheme to defraud the Oglala Sioux Tribe, and to obtain money and property by means of materially false and fraudulent pretenses, representations, and promises. For the purpose of executing the scheme, Hoshaw knowingly caused to be transmitted by means of wire communication in interstate commerce the withdrawal of funds from a banking account belonging to the Oglala Sioux Tribe, at The First National Bank of Gordon in Gordon, Nebraska, to an account belonging to All Around Sports, LLC, at Idaho Central Credit Union in the State and District of Idaho. The amount of the wire transfer was $54,000.
A sentencing date was set for April 22, 2019. Hoshaw was released on bond pending sentencing. Another defendant, Kristin DeBoer previously pleaded guilty for her role in the fraud scheme on July 30, 2018. DeBoer was released on bond pending sentencing. Her sentencing date is set for May 6, 2019.
The maximum penalties that the company faces for Conspiracy to Commit Wire Fraud are probation, $500,000 fine, $400 special assessment to the Victim’s Assistance Fund, restitution, and forfeiture. The maximum penalties that Hoshaw and DeBoer face for Wire Fraud are 20 years in federal prison, $250,000 fine, or both imprisonment and a fine, a term of 3 years of supervised release, a $100 special assessment to the Victim’s Assistance Fund, restitution, and forfeiture.
These investigations are being conducted by the U.S. Department of Health and Human Services, Office of the Inspector General. The cases are being prosecuted by Assistant U.S. Attorney Jeremy Jehangiri.
Rapid City Man Indicted for Failing to Pay TaxesRead 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 Failure to Pay Tax.
Gregory Sperlich, age 48, was indicted on January 22, 2019. He appeared before U.S. Magistrate Judge Veronica Duffy on January 28, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 1 year in prison and/or a $100,000 fine, and $25 to the Federal Crime Victims Fund for each Count. Restitution may also be ordered.
The Indictment alleges that Sperlich did willfully fail to pay the income and self-employment tax due to the Internal Revenue Service by April 15, 2013, through April 15, 2016, for the filed taxes due for the calendar years 2012―2015.
The charges are merely accusations and Sperlich is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Internal Revenue Service, Criminal Investigation. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Sperlich was released on bond pending trial. A trial date has not been set.
Pierre Man Indicted for Criminal Contempt ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Pierre, South Dakota, man has been indicted by a federal grand jury for Criminal Contempt.
Charles Black Spotted Horse, age 26, was indicted on January 22, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 29, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 6 months in federal prison and/or a $1,000 fine, and $10 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on December 26, 2018, Black Spotted Horse disobeyed and resisted an order and command of the U.S. District Court, in that he failed to self-report for arrest and left the federal building.
The charge is merely an accusation and Black Spotted Horse is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Michael J. Elmore is prosecuting the case.
Black Spotted Horse was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Executive Wallace Tang and Three Corporations Sentenced for Defrauding NASA, National Science Foundation, and Energy Department MatterRead the Press Release
United States Attorney Ron Parsons announced that multiple corporate defendants convicted of Conspiracy to Commit Wire Fraud and one individual defendant convicted of Wire Fraud were sentenced on January 14, 2019, by U.S. District Judge Karen E. Schreier.
Wallace Tang, age 55, of Alamo, California, was sentenced to 2 years of probation and ordered to pay $1,084,418.60 in restitution jointly with three Bay Area corporations. Tang was also ordered to pay $100 to the Federal Crime Victims Fund. Laserlith Corporation, Black Hills Nanosystems Corporation, and Blue Sky Engineering Inc., were also sentenced by and through Tang, Gina Kim, and Sine Chao, respectively, who were the corporate representatives.
As part of the plea agreements filed with the Court, the defendants paid restitution totaling $1,084,418.60. The restitution was paid at the time each defendant appeared to plead guilty. All of the corporations, as a result of the successful investigation and prosecution, are now defunct and no longer operational. The amount of criminal restitution represents the monies derived from the defendants’ fraudulent conduct perpetrated against the National Aeronautics and Space Administration (“NASA”), the National Science Foundation (“NSF”), and the Department of Energy (“DoE”).
“Since its inception, the space program has been a symbol of American hope and progress,” said U.S. Attorney Parsons. “When these defendants defrauded NASA and other governmental departments committed to the advancement of scientific knowledge, they were not only ripping off the American taxpayer, they were stealing a part of our future.”
“The NASA Office of Inspector General (“OIG”) will aggressively investigate any attempt to defraud NASA grants, contracts, and operations,” said NASA Inspector General Paul Martin. “The NASA OIG appreciates the cooperative efforts of the entire investigative and prosecution team during this multi-year investigation.”
“The Small Business Innovation Research Program and Small Business Transfer Technology Research Program are valuable tools in advancing NSF’s mission to promote the progress of science by increasing opportunities for small businesses to undertake cutting-edge scientific research, and it is essential to protect the integrity of this program,” commented Allison Lerner, the Inspector General for NSF. “The NSF Office of Inspector General is committed to vigorously pursuing oversight of these taxpayer funds and I commend the U.S. Attorney’s Office and our investigative partners for their strong support in this effort.”
“The SBIR Program is an essential Department of Energy program that supports scientific excellence and technological innovation,” stated Teri Donaldson, Department of Energy Inspector General. “These sentencings serve as a reminder that fraud in the SBIR Program will not be tolerated. The Office of Inspector General remains committed to ensuring the integrity of our programs by holding accountable those who attempt to hide behind sophisticated schemes. We appreciate the efforts of the DOJ in pursuing this matter and will continue to work aggressively with our investigative partners to pursue those who seek to defraud government programs.”
At the times relevant to this case, NASA, NSF, and DoE participated in the Small Business Innovation Research (“SBIR”) Program and Small Business Transfer Technology Research (“STTR”) Program through which Defendants sought and obtained federal funds. Federal SBIR and STTR grant and contract award payments were electronically transferred from the associated federal agency, through the U.S. Department of the Treasury, and then wired to a business bank account identified by the defendants. The defendants also used wires to transmit interstate communications to and from South Dakota.
Beginning in approximately 2012, and continuing through 2016, within the State and District of South Dakota and elsewhere, Blue Sky Engineering Inc., Black Hills Nanosystems, and Laserlith unlawfully and knowingly conspired and agreed together to devise a scheme to defraud and obtain money and property from NASA, NSF, and DoE. The defendants defrauded these federal agencies through false and fraudulent representations and by sending electronic wire communications in interstate and foreign commerce. The purpose of the corporate-defendants’ conspiracy was to obtain federally-funded projects by and through material misrepresentations, statements, and omissions, thereby depriving the United States the ability to fund other small businesses and resulting in the enrichment of Blue Sky Engineering Inc., Black Hills Nanosystems, Laserlith, and Tang.
According to the parties’ plea agreements, the corporate-defendants committed the following acts, as well as others, in South Dakota and elsewhere:
- The corporate-defendants applied for and received federal awards for essentially equivalent work, or portions thereof, concealing the existence of the awards and the relationships between related companies from the awarding agencies.
- During the application process, the corporate-defendants misrepresented the existence and use of distinct company facilities, equipment, and operations in South Dakota and North Dakota, and elsewhere outside of California. These representations and statements were false in that all of the companies were co-located in a common facility in Richmond, California, sharing the same resources and performing essentially equivalent work, or portions thereof.
- The corporate-defendants’ fraudulent conduct included the preparation and submission of proposals for awards under the NSF, NASA, and DOE programs, specifically involving costs, employees, the eligibility of principal investigators, suitability of facilities, location of facilities, subcontractors, consultants, letters of support, and certifications submitted to NSF, NASA, and DOE. As a result of the corporate-defendants’ conduct, fraudulently-obtained NSF, NASA, and DOE contracts were awarded, totaling $1,084,418.60 between Blue Sky Engineering Inc., Black Hills Nanosystems, Laserlith, and others.
As to Tang’s individual guilty plea, on January 28, 2015, Tang executed the aforementioned scheme to defraud the United States and its agencies and to obtain money and property by means of false representations, and promises relating to material facts. Specifically, Tang knowingly sent a wire communications in interstate or foreign commerce as follows: a wire communication from MicroAssembly, by and through Defendant Blue Sky Engineering Inc., as general contract, and with Black Hills Nano serving as subcontractor, containing NASA proposal numbered H8.03-8999, entitled “Low Cost Multi-Junction Photovoltaic Panels.” This proposal was fraudulent and contained material representations in that it contained “essentially equivalent work,” or a portion thereof, to proposals submitted as part of the conspiracy, as set forth above and as alleged in the Information, between Defendants Blue Sky Engineering Inc., MicroAssembly, Laserlith, and Black Hills Nano. After transmitting this wire containing fraudulent and material representations, Defendant Tang withdrew the proposal from NASA. Although NASA proposal numbered H8.03-8999 was later withdrawn, Defendant Tang submitted the proposal with the intent to defraud NASA.
This case was investigated by NASA OIG, NSF OIG, and DoE OIG. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.
Bullhead Man Charged with Involuntary ManslaughterRead the Press Release
United States Attorney Ron Parsons announced that a Bullhead, South Dakota, man has been indicted by a federal grand jury for Involuntary Manslaughter.
Daniel Brown, age 28, was indicted on January 8, 2019. He appeared before Judge William D. Gerdes on January 10, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 8 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
According to the indictment, on or about September 8, 2018, in Bullhead, Daniel Brown unlawfully killed another person by operating a motor vehicle recklessly, and while under the influence of alcohol and a controlled substance.
The charge is merely an accusation and Brown is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.
Brown was released on bond pending trial. A trial date has not been set.
Box Elder Man Sentenced for Failure to RegisterRead the Press Release
United States Attorney Ron Parsons announced that a Box Elder, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Gary Lewis Halfe, age 62, was sentenced on January 4, 2019, to 33 months in federal prison, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
The conviction stems from Halfe, who is a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under Federal Law, knowingly failed to register and update his registration between December 2017 and February 2018.
This case was investigated by the U.S. Marshal Service. Assistant U.S. Attorney Ben Patterson prosecuted the case.
Halfe was immediately turned over to the custody of the U.S. Marshals Service.