District of South Dakota
Press releases recorded for this federal judicial district.
Wounded Knee Man Sentenced in Death of InfantRead the Press Release
United States Attorney Ron Parsons announced that a Wounded Knee, South Dakota, man convicted of Second Degree Murder was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Darwin Wade Red Cloud, a/k/a Darwin Raisch, age 26, was sentenced on January 3, 2019, to 4 years in federal prison, followed by 5 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Red Cloud was charged on October 12, 2015. The conviction stems from Red Cloud knowingly failing to provide sufficient sustenance to an infant, which resulted in the baby’s death, between August and October 2014 at Wounded Knee.
The investigation was conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs Office of Justice Services. Assistant U.S. Attorneys Sarah B. Collins and Ben Patterson prosecuted the case.
Red Cloud was immediately remanded to the custody of the U.S. Marshals Service.
St. Francis Woman Charged with Involuntary Manslaughter and Child AbuseRead the Press Release
United States Attorney Ron Parsons announced that a St. Francis, South Dakota, woman has been indicted by a federal grand jury for Involuntary Manslaughter and Child Abuse.
Chelsea Okiya Wi Nixon, age 22, was indicted on December 11, 2018. She appeared before U.S. Magistrate Judge Mark A. Moreno on January 8, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 15 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on August 18, 2018, Nixon unlawfully killed another human being, a minor child, by asphyxiating the child in a grossly negligent manner. The Indictment further alleges that Nixon did abuse, expose, torture, torment, and cruelly punish the minor child.
The charges are merely accusations and Nixon 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.
Nixon was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Sioux Falls Man Sentenced for Tax FraudRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of 25 counts of False Claims, and 5 counts of Wire Fraud, was sentenced on January 4, 2019, by U.S. District Judge Karen E. Schreier.
Jacques Eviglo, d/b/a Global Income Tax Services, age 37, was sentenced to 60 months in federal prison for Counts 1 through 25, 108 months in federal prison for Counts 26 through 30, all to be served concurrently, followed by 2 years of supervised release, restitution in the amount of $2,543,286.41, and a special assessment to the Federal Crime Victims Fund in the amount of $3,000.
Eviglo was indicted by a federal grand jury on January 23, 2018.
The conviction stemmed from incidents between February 21, 2015, and March 14, 2017, when Eviglo, doing business as Global Income Tax Services located in Sioux Falls, prepared and electronically filed federal income tax returns for clients. Eviglo claimed large, false itemized deductions on hundreds of those returns. These false deductions were used to lower the federal tax liability on the returns and falsely inflate the refund amounts. The clients did not provide Eviglo with the false information he submitted to the United States government.
Eviglo then utilized a third party company as an intermediary to receive and disburse his clients’ federal income tax refund payments instead of having the payments directly deposited into his clients’ bank accounts. Unbeknownst to his clients, Eviglo skimmed additional “fees” from those refund payments. Eviglo kept the skimmed portion for himself. The total amount Eviglo skimmed exceeded $800,000 over a four-year period of time.
This case was investigated by the Internal Revenue Service – Criminal Investigation. Assistant U.S. Attorney Ann M. Hoffman and Criminal Division Deputy Chief John E. Haak prosecuted the case.
Eviglo was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced for Possession of a Firearm by a Prohibited PersonRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on December 20, 2018, by U.S. District Judge Karen E. Schreier.
Khio Khaoon, age 54, was sentenced to 12 months and 1 day in federal prison, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Khaoon was indicted by a federal grand jury on April 4, 2018. He pled guilty on September 28, 2018.
The conviction stemmed from an incident on September 29, 2017, when law enforcement executed a search warrant at Khaoon’s residence and found a Harrington & Richardson .32 double-action revolver, a Stevens-Springfield .22 caliber Rifle, and 225 rounds of ammunition. Khaoon was prohibited from possessing the guns because he had previously been convicted of a serious misdemeanor in 2003 for carrying weapons and possession of amphetamine, as well as in 2009 for felony possession of a controlled substance.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case was investigated by the Sioux Falls Police Department, the South Dakota Department of Game, Fish & Parks, and the federal Bureau of Alcohol, Tobacco, Explosives, and Firearms. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Khaoon was immediately turned over to the custody of the U.S. Marshals Service.
Rosebud Woman Sentenced for Child AbuseRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, woman convicted of Child Abuse was sentenced on January 3, 2019, by U.S. District Judge Roberto A. Lange.
Maria Big Crow, age 26, was sentenced to 14 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.
Big Crow was indicted by a federal grand jury on June 12, 2018. She pled guilty on October 18, 2018.
The conviction stemmed from an incident that occurred on October 22, 2017, near Rosebud. After consuming multiple alcoholic beverages, Big Crow and several passengers, including two small children, departed their location in a vehicle operated by Big Crow. Big Crow lost control of the vehicle, after drifting onto the shoulder and overcorrecting, causing the vehicle to leave the roadway and roll. One of the children was seriously injured in the wreck.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Big Crow was immediately turned over 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 January 22, 2019, by U.S. District Judge Roberto A. Lange.
Ervin Burning Breast, Jr., age 23, was sentenced to 41 months in federal prison, followed by 2 years of supervised release. Burning Breast was also ordered to pay a special assessment to the Federal Crime Victims Fund in the amount of $100.
The conviction stemmed from an incident that occurred in Rosebud on July 2, 2017, wherein Burning Breast assaulted another man with brass knuckles. The victim suffered serious injuries, including a fractured orbital bone, as a result of the assault.
The case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Burning Breast was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Failure to RegisterRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on January 2, 2019, by U.S. District Judge Roberto A. Lange.
Ehoni Johns, age 21, was sentenced to 30 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.
Johns was indicted by a federal grand jury on August 13, 2018. He pled guilty on November 6, 2018.
The conviction stemmed from when Johns, who is required to register under the Sex Offender Registration and Notification Act, knowingly failed to register and update his registration between November 6, 2017, and January 6, 2018.
This case was investigated by the U.S. Marshal Service. Assistant U.S. Attorney Jay Miller prosecuted the case.
Johns was immediately turned over to the custody of the U.S. Marshals Service.
Pierre Woman Charged with Harboring a FugitiveRead the Press Release
United States Attorney Ron Parsons announced that a Pierre, South Dakota, woman has been indicted by a federal grand jury for Concealing Person from Arrest.
Carmen Burgee, age 52, was indicted on December 11, 2018. She appeared before U.S. Magistrate Judge Mark A. Moreno on December 31, 2018, 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 between September 14, 2016, and October 12, 2018, Burgee harbored and concealed an individual who had a felony arrest warrant issued for his apprehension.
The charge is merely an accusation and Burgee 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.
Burgee was released on bond pending trial. A trial date has not been set.
Pierre Man Charged with Assaulting a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a Pierre, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Loren Goodlow, age 29, was indicted on October 16, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 8, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 8 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on August 28, 2018, Goodlow did forcibly assault, resist, oppose, impede, and interfere with a Bureau of Indian Affairs Correction Officer, while they were performing their official duties.
The charge is merely an accusation and Goodlow 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.
Goodlow was released on bond pending trial. A jury trial has been scheduled for April 2, 2019.
Mission Man Indicted on Assault and Abusive Sexual Contact ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury and Abusive Sexual Contact.
Everett Joseph Menard, a/k/a Everette J. Menard, age 20, was indicted on October 16, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 17, 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 on September 27, 2018, Menard assaulted an individual and that the assault resulted in serious bodily injury. The Indictment further alleges that Menard did knowingly engage in sexual contact by the use of force with the same individual.
The charges are merely accusations and Menard 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.
Menard was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Iowa Man Sentenced for Interference with Commerce by Threats and ViolenceRead the Press Release
United States Attorney Ron Parsons announced that a Sioux City, Iowa, man convicted of Interference with Commerce by Threats and Violence was sentenced on December 20, 2018, by U.S. District Judge Karen E. Schreier.
Caleb Robert Babb, age 35, was sentenced to 44 months in federal prison, followed by 3 years of supervised release, restitution in the total amount of $3.950.28, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Babb was indicted by a federal grand jury on February 6, 2018. He pled guilty on September 24, 2018.
The conviction stemmed from an incident on November 29, 2016, when Babb robbed the Glass Palace, located in North Sioux City, South Dakota. At that time, the Glass Palace was a restaurant and casino. Babb entered the Glass Palace wearing a black ski mask, dark sunglasses, black gloves, and armed with a BB gun that looked like a real handgun. He displayed the firearm to a Glass Palace employee and ordered her to take money from the cash register and place it into a bag. Babb then took the bag with money from the register and left the premises. As part of his sentence, Babb was ordered to pay restitution for money he stole from three other businesses in South Dakota.
This case was investigated by the Bureau of Alcohol, Tobacco, Explosives, and Firearms. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Babb was immediately turned over to the custody of the U.S. Marshals Service.
Fort Thompson Man Sentenced for Sexual AbuseRead the Press Release
United States Attorney Ron Parsons announced that a Fort Thompson, South Dakota, man convicted of Abusive Sexual Contact of a Person Incapable of Consent, was sentenced on December 17, 2018, by U.S. District Judge Roberto A. Lange.
Darrell Touche, age 44, was sentenced to 18 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.
Touche was indicted by a federal grand jury on February 14, 2018. He pled guilty on October 2, 2018.
The conviction stemmed from an incident between October 20, 2016, and October 21, 2016, when Touche knowingly engaged in abusive sexual contact with an individual with the intent to abuse, humiliate, harass, and degrade them, when the victim was incapacitated.
This case was investigated by the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Touche was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Charged with Sexual Abuse of a MinorRead 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 Sexual Abuse of a Minor.
Dee Hawk Moran, age 23, was indicted on January 23, 2019. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 25, 2019, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 15 years in federal prison and/or a $250,000 fine, 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 between September 1, 2015, and June 16, 2017, Moran knowingly engaged in, and attempted to engage in, a sexual act with a minor female.
The charge is merely an accusation and Moran is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Moran 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.
KT Burgee, a/k/a, Kape Teal Burgee, age 24, was indicted on December 11, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 28, 2018, 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 September 18, 2016, and October 11, 2018, Burgee, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under state law, having traveled in interstate and foreign commerce, and did enter, leave, and reside in Indian country, did knowingly fail to register and update his registration.
The charge is merely an accusation and Burgee 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.
Burgee was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Cherry Creek Woman Charged with Tampering and Misprision of a FelonyRead the Press Release
United States Attorney Ron Parsons announced that a Cherry Creek, South Dakota, woman has been indicted by a federal grand jury for Tampering and Misprision of a felony.
Iris Dupris, age 31, was indicted on December 18, 2018. She appeared before U.S. Magistrate Judge Veronica L. Duffy on January 11, 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 between October 8, 2015, and September 16, 2017, Dupris was giving money to a minor to prevent them from communicating with law enforcement on information of a federal offense involving aggravated sexual abuse of a child and assault with a dangerous weapon. Dupris is further charged with having knowledge of the felony and not making it known to a judge or other person of civil authority.
The charges are merely accusations and Dupris is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Dupris was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Cherry Creek Man Charged with Child Sexual Abuse, Child Abuse, and Assault with a Dangerous WeaponRead the Press Release
United States Attorney Ron Parsons announced that a Cherry Creek, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child, Assault with a Dangerous Weapon, and Child Abuse.
Brandon Iron Shell, age 30, was indicted on December 18, 218. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 7, 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, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between October 8, 2015, and September 16, 2017, Iron Shell engaged in, and attempted to engage in, sexual acts with minors who had not yet attained the age of 12 years old, and further abused and assaulted children with a dangerous weapon.
The charges are merely accusations and Iron Shell is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Iron Shell was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Black Hawk Man Sentenced for Firearm ConvictionRead the Press Release
United States Attorney Ron Parsons announced that a Black Hawk, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person, was sentenced on January 4, 2019, by U.S. District Judge Roberto A. Lange.
Zachary Alto, age 24, was sentenced to 24 months in federal prison, followed by 3 years of supervised release, a $1,000 fine, forfeiture of a firearm, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Alto was indicted by a federal grand jury on May 15, 2018. He pled guilty on October 18, 2018.
The conviction stemmed from an incident that occurred on July 12, 2017, where Alto, being an unlawful user of, and addicted to a controlled substance, knowingly possessed two firearms. Law enforcement made contact with Alto and a co-defendant during the middle of a drug transaction, where the 2 firearms and 14 grams of methamphetamine were seized.
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 Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Meghan N. Dilges prosecuted the case.
Alto was immediately turned over to the custody of the U.S. Marshals Service.
Allen Man Sentenced for Sexual Contact with a MinorRead the Press Release
United States Attorney Ron Parsons announced that an Allen, South Dakota, man convicted of Abusive Sexual Contact was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Jaelen Thunder Bull, age 23, was sentenced on January 11, 2019, to 3 years 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 Thunder Bull engaging in a sexual act with a minor female in July 2017 at Allen.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Ben Patterson prosecuted the case.
Thunder Bull was immediately turned over to the custody of the U.S. Marshals Service.
White River Man Sentenced for Abusive Sexual ContactRead the Press Release
United States Attorney Ron Parsons announced that a White River, South Dakota, man convicted of Abusive Sexual Contact was sentenced on December 19, 2018, by U.S. District Judge Roberto A. Lange.
Duane Mednansky, age 49, was sentenced to 14 months in federal prison, followed by 5 years of supervised release, a $3,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Mednansky was indicted by a federal grand jury on August 16, 2017. He pled guilty on September 24, 2018.
The conviction stemmed from an incident that occurred between May 1, 2013, and September 1, 2013, wherein Mednansky engaged in sexual contact with a teenage girl who was in his care.
This case was investigated by the Federal Bureau of Investigation, the South Dakota Attorney General’s Office Division of Criminal Investigation, the Mellette County Sheriff’s Office, and the Watertown Police Department. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Mednansky was immediately turned over to the custody of the U.S. Marshals Service.
Rosebud Man Indicted on Assault and Child Abuse ChargesRead 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 and Child Abuse.
Edward Leon Wilson, a/k/a Eddie Wilson, age 36, was indicted on October 16, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 18, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 15 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on September 16, 2018, Wilson did unlawfully assault an intimate partner and dating partner, by strangulation and suffocation. The Indictment further alleges Wilson did abuse, expose, torture, torment, and cruelly punish a minor child.
The charges are merely accusations and Wilson 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.
Wilson was released on bond pending trial. A trial date has not been set.
Ridgeview Man Sentenced for AssaultRead the Press Release
United States Attorney Ron Parsons announced that a Ridgeview, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on December 17, 2018, by U.S. District Judge Roberto A. Lange.
William Fielder, Sr., age 55, was sentenced to 24 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.
Fielder was indicted by a federal grand jury on June 19, 2018. He pled guilty on October 3, 2018.
The conviction stemmed from an incident on November 19, 2017, when Fielder assaulted an individual with a hatchet, with the intent to cause bodily harm.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Fielder was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Internet CrimeRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Attempted Receipt of Child Pornography was sentenced on December 17, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Alan Campbell, a/k/a Alex Nolan, age 28, was sentenced to 10 years in federal prison, followed by10 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. Campbell also will be required to register as a sex offender under the Sex Offender Registration and Notification Act.
Campbell was charged on February 21, 2018. The conviction stems from Campbell exchanging child pornography with others on Facebook in January 2016 at Rapid City.
The case was investigated by the Internet Crimes Against Children Taskforce. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Campbell was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Indicted for Assault by Strangulation and Suffocation and Domestic Violence by an Habitual OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Assault by Strangulation and Suffocation and Domestic Assault by an Habitual Offender.
Roger James Spider, II, a/k/a Roger Spider, Jr., age 28, was indicted on July 17, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 18, 2018, 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 multiple occasions between April 24, 2018, and April 26, 2018, Spider unlawfully committed a domestic assault against his intimate partner by strangling and suffocating her and that, at the time of the domestic assaults, Spider had at least two prior convictions for offenses that would have been, if subject to federal jurisdiction, assaults against a spouse or intimate partner.
The charges are merely accusations and Spider 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.
Spider was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Mission Man Charged with Aggravated Sexual AbuseRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse and Sexual Abuse.
Joseph Running, age 23, was indicted on August 14, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 19, 2018, 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, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on September 10, 2017, Running knowingly engaged in, and attempted to engage in, a sexual act with a woman by the use of force.
The charges are merely accusations and Running 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.
Running was released on bond pending trial. Trial is scheduled to begin on February 5, 2019.
Minnesota Man Indicted for Meth TraffickingRead the Press Release
United States Attorney Ron Parsons announced that a St. Paul, Minnesota, man has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance.
Frank Edward Adams, a/k/a Tank Adams, age 44, was indicted on November 14, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 19, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in federal prison, including a mandatory minimum of 10 years in federal prison and/or a $10,000,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that beginning at a time unknown but no later than on December 1, 2015, and continuing to November 14, 2018, in South Dakota, Adams 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 Adams is presumed innocent until and unless proven guilty.
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.
Adams was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
McLaughlin Man Sentenced for Meth Trafficking and Gun ConvictionsRead the Press Release
United States Attorney Ron Parsons announced that a McLaughlin, South Dakota, man convicted of Possession with Intent to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person was sentenced on December 17, 2018, by U.S. District Judge Charles B. Kornmann.
Lawrence Leonard Malcolm, Sr., age 47, was sentenced to 22 months in federal prison, followed by 3 years of supervised release, a fine of $1,000, forfeiture of 2 firearms, and a special assessment to the Federal Crime Victims Fund in the amount of $200.
Malcolm was indicted by a federal grand jury on August 13, 2018. He pled guilty on October 1, 2018.
The conviction stemmed from an incident that occurred on July 5, 2018, when Malcolm was arrested on an outstanding warrant. During a vehicle search, several drug and drug paraphernalia items were found. Malcolm knowingly and intentionally possessed with intent to distribute methamphetamine, a Schedule II controlled substance. A further search of Malcolm’s home revealed two firearms, additional drugs, and drug paraphernalia items. Malcolm admits to being a regular user of and addicted to a controlled substance, methamphetamine, making it illegal for him to possess firearms.
Drug trafficking is an inherently violent activity. Firearms are tools of the trade for drug dealers. It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and local communities to develop effective, locally-based strategies to reduce violent crime.
This case was investigated by the Corson County Sheriff’s Office, the Northern Plains Safe Trails Drug Enforcement Task Force, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Meghan N. Dilges prosecuted the case.
Malcolm was immediately turned over to the custody of the U.S. Marshals Service.
Two Men Sentenced for Armed RobberyRead the Press Release
United States Attorney Ron Parsons announced that two men were sentenced for the November 2017 armed robbery of the Phillips 66 Speedy Mart in Spearfish, South Dakota, by Chief Judge Jeffrey L. Viken, U.S. District Court.
David Jackson Jr., age 25, of Sturgis, South Dakota, pleaded guilty to Use and Brandishing of a Firearm During the Commission of a Crime of Violence on August 9, 2018. He was sentenced on November 30, 2018, to 7 years in federal prison, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Adam Peters, age 22, of Belle Fourche, South Dakota, pleaded guilty to Interference with Commerce by Robbery and Use and Brandishing of a Firearm During the Commission of a Crime of Violence. He was sentenced on December 17, 2018, to 10 years in federal prison, followed by 5 years of supervised release, and ordered to pay a $200 special assessment to the Federal Crime Victims Fund as well as restitution in an amount to be determined.
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 Spearfish Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Jackson and Peters were immediately turned over to the custody of the U.S. Marshals Service.
Rosebud Man Sentenced for Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on December 17, 2018, by U.S. District Judge Roberto A. Lange.
Cassius Farmer, age 25, was sentenced to 12 months and 1 day 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.
Farmer was indicted by a federal grand jury on February 14, 2018. He pled guilty on October 2, 2018.
The conviction stemmed from an incident that occurred on December 9, 2017, wherein Farmer got into a confrontation with another man at a convenience store in Rosebud. Farmer struck the man in the face and knocked him down, causing a laceration to the man’s face and a fractured cheekbone.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Farmer was immediately turned over to the custody of the U.S. Marshals Service.
Pine Ridge Man Sentenced to 30 Years in Prison for Second Degree Murder and Gun CrimeRead the Press Release
United States Attorney Ron Parsons announced that a Pine Ridge, South Dakota, man convicted of Second Degree Murder and Discharge of a Firearm During the Commission of a Crime of Violence was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
James Robert Dowty, age 29, was sentenced to 30 years in federal prison on December 17, 2018. He was sentenced to 20 years in federal prison, 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund for the Second Degree Murder charge. As to the Discharge of a Firearm During the Commission of a Crime of Violence charge, Dowty was sentenced to 10 years in federal prison to be served consecutively to the murder charge, 5 years of supervised release to be served concurrently, and a $100 special assessment to the Federal Crime Victims Fund.
Dowty was found guilty of the charges following a federal jury trial in Rapid City on May 5, 2018. The charges related to Dowty shooting a 13 year- old female on July 20, 2016, at Pine Ridge.
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 Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, and the Federal Bureau of Investigation. Assistant U.S. Attorneys Eric Kelderman and Sarah Collins prosecuted the case.
Dowty was immediately turned over to the custody of the U.S. Marshals Service.
Colorado Man Found Guilty of Attempting to Entice a Minor Using the InternetRead the Press Release
United States Attorney Ron Parsons announced that Joel Zupnik, 53, of Fort Collins, Colorado, was convicted of Attempted Enticement of a Minor Using the Internet following a three-day federal jury trial held in U.S. District Court in Rapid City. The guilty verdict was returned on December 12, 2018.
Zupnik was one of ten men who were arrested and federally indicted as a result of an undercover sex trafficking operation conducted during the 2016 Sturgis Motorcycle Rally, targeting internet predators. Following multiple chats and text messages with a person Zupnik believed to be a 15 year-old girl, but who was in fact an undercover agent, he proceeded to negotiate the time and place he would meet the minor to engage in unlawful sex acts. When Zupnik went to the pre-determined location to meet the minor, he was instead met by law enforcement agents and placed under arrest.
The undercover operation and arrests were a joint effort between the South Dakota Division of Criminal Investigation, the Department of Homeland Security, the Federal Bureau of Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s office. Assistant U.S. Attorney Sarah Collins prosecuted the case.
Arizona Man Sentenced on Meth ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Tucson, Arizona, man convicted of Conspiracy to Distribute a Controlled Substance, and Possession With Intent to Distribute a Controlled Substance, was sentenced on December 10, 2018, by U.S. District Judge Roberto A. Lange.
Christopher Lamont Bradshaw, age 27, was sentenced to 120 months in federal prison and 8 years of supervised release on both counts, to run concurrently. Bradshaw was also ordered to pay a mandatory special assessment to the Federal Crime Victims Fund in the amount of $200.
Bradshaw was indicted by a federal grand jury on August 16, 2017. He was found guilty by a federal jury in Pierre, South Dakota on September 21, 2018.
In reaching its verdict, the jury found that between March and August of 2017, Bradshaw conspired to distribute 50 grams or more of methamphetamine, a Schedule II controlled substance, in South Dakota. The jury further found that on April 27, 2017, Bradshaw possessed with the intent to distribute 50 grams or more of methamphetamine near Rosebud, South Dakota. Both charges carried a mandatory minimum of 60 months in prison. However, since Bradshaw had a prior drug felony conviction that had become final prior to his offense conduct in this case, he faced a mandatory 120 months in prison on each count. Bradshaw’s co-defendant, Antonio Foster, pleaded guilty and was sentenced on April 30, 2018, to 60 months in prison.
Some of the facts presented to the jury included the following. On April 27, 2017, officers with the Rosebud Sioux Tribe Law Enforcement Services served a search warrant on a residence believed to be occupied by Bradshaw and Foster. When law enforcement arrived, Bradshaw and Foster were getting ready to leave the residence in a vehicle driven by Bradshaw and owned by his long-time girlfriend. When they saw the officers, both Bradshaw and Foster fled on foot. Officers confiscated 89 grams of meth in the immediate area where Foster had fled, and seized a total of $5,382 in U.S. currency from both Foster’s person and Bradshaw’s vehicle.
“I want to congratulate the Rosebud Sioux Tribe and its law enforcement officers for this outstanding investigation,” said U.S. Attorney Parsons. “This is a solid conviction and sentence for a known interstate meth dealer.”
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Bradshaw was immediately turned over to the custody of the U.S. Marshals Service.
St. Francis Woman Indicted for Escape and Criminal Contempt ChargesRead the Press Release
United States Attorney Ron Parsons announced that a St. Francis, South Dakota, woman has been indicted by a federal grand jury for Escape from Custody and Criminal Contempt.
Omalewin Neck, age 25, was indicted on December 11, 2018. She appeared before U.S. Magistrate Judge Mark A. Moreno on December 13, 2018, 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.
Neck plead guilty to Involuntary Manslaughter, on August 7, 2018. She was remanded to the custody of the U.S. Marshals pending sentencing for the Involuntary Manslaughter charge, which is set for January 4, 2018.
The Indictment alleges that on December 1, 2018, Neck failed to report to the Winner City Jail, following a furlough to attend a funeral, as ordered by the U.S. District Court for the District of South Dakota. The Indictment further alleges Neck willfully and unlawfully disobeyed an order of the U.S. District Court, by not following the terms of her furlough to attend a funeral.
The charges are merely accusations and Neck 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.
Neck was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rosebud Man Indicted for 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 Failure to Register as a Sex Offender.
Jeffrey W. Provancial, age 27, was indicted on December 11, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 13, 2018, 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.
Provancial was convicted of Aggravated Sexual Abuse by Force and Sexual Abuse in July 2010 in federal court. As a result of this conviction, he is required to register as a sex offender for his natural life. It is alleged that between June 13, 2018, and November 2, 2018, Provancial failed to properly register as a sex offender as required by law.
The charge is merely an accusation and Provancial 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.
Provancial was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Mission Man Indicted for Failure to Register as a Sex OffenderRead 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 Register as a Sex Offender.
Benjamen T. Flute, a/k/a Benjamin T. Flute, age 39, was indicted on December 11, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 13, 2018, 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.
Flute was convicted of 2nd-degree rape in December 2007. As a result of this conviction, he is required to register as a sex offender. It is alleged that between September 25, 2018, and November 28, 2018, Flute failed to properly register as a sex offender as required by law.
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 Kirk Albertson 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.
Jury Finds White River Woman Guilty of Assault with a Dangerous WeaponRead the Press Release
United States Attorney Ron Parsons announced that Crystal Earth, age 26, of White River, South Dakota, was found guilty of Assault With a Dangerous Weapon following a four-day jury trial in Pierre, South Dakota. The verdict was returned on December 14, 2018.
The charge carries a maximum sentence of up to 10 years in 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.
Earth was indicted by a federal grand jury on April 17, 2018. 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 in the face, causing multiple puncture wounds to the victim’s chest and a deep laceration to his chin.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorneys Kirk Albertson and Cameron Cook prosecuted the case.
A sentencing date has not been set. Earth was remanded to the custody of the U.S. Marshals Service pending sentencing.
Former Treasurer of the Crow Creek District Business Committee Sentenced on Embezzlement ChargesRead the Press Release
United States Attorney Ron Parsons announced today that a former treasurer of the Crow Creek District Business Committee was sentenced in federal court on December 13, 2018, in Pierre, South Dakota. Lana Steele, former treasurer of the Crow Creek District Business Committee, was sentenced for Embezzlement and Theft from an Indian Tribal Organization.
Lana Steele, Age 53, of Chamberlain, South Dakota, was sentenced to 4 years of probation, $11,500 in restitution, and a special assessment to the Federal Crime Victims Fund in the amount of $25.
Between November 2013 and November 2015, Steele willfully and knowingly embezzled, misapplied, and converted to her own use, monies, funds, credits, goods, assets, and other property belonging to the Crow Creek District Business Committee, an Indian Tribal Organization.
The investigation was conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Meghan N. Dilges prosecuted 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 U.S. Attorney’s Office, the participating agencies include: Federal Bureau of Investigation; the Offices of Inspector General for the Departments of Interior, Health and Human Services, Social Security Administration, Agriculture, Transportation, Education, Justice, and Housing and Urban Development; Internal Revenue Service, Criminal Investigation Division; U.S. Postal Inspector Service; U.S. Postal Service, Office of Inspector General.
For additional information about The Guardians Project, please contact the U.S. Attorney’s Office at (605) 330-4400. To report a suspected crime, please contact law enforcement at the federal agency’s locally listed telephone number.
Colorado Men Charged with Meth and Gun CrimesRead the Press Release
United States Attorney Ron Parsons announced that two Colorado Springs, Colorado, men were charged in federal district court with Possession with Intent to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person.
Billy Torrez, age 23, and Joshua Cruz, age 29, were indicted by a federal grand jury on December 4, 2018. Torrez and Cruz appeared before U.S. Magistrate Judge Daneta Wollmann and pleaded not guilty to the charges. The penalty upon conviction is a minimum of 5 years up to 40 years in federal prison and/or a $5,000,000 fine, a minimum of 4 years up to lifetime supervised release, and a $100 assessment to the Federal Crime Victims Fund.
The charges relate to Torrez and Cruz being found in possession of methamphetamine, heroin, and three guns in Rapid City on November 21, 2018. After attempting to flee in a vehicle, they were quickly apprehended by the Rapid City Police Department. The charges are merely accusations and Torrez and Cruz 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 Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Rapid City Police Department. Assistant U.S. Attorney Ben Patterson is prosecuting the case.
Torrez and Cruz were detained pending trial. A trial date has not been set.
Mission Man Sentenced on Firearm ChargeRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Prohibited Person in Possession of a Firearm was sentenced on December 10, 2018, by U.S. District Judge Roberto A. Lange.
Sean Stinson, age 23, was sentenced to 21 months in federal prison, followed by 2 years of supervised release, forfeiture of two firearms, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Stinson was indicted by a federal grand jury on November 9, 2016. He pled guilty on September 20, 2018.
The conviction stemmed from an incident that occurred on August 28, 2016, following a traffic stop, where after making contact with Stinson, the officer smelled a strong odor of burnt marijuana. Following a search of the vehicle, two plastic baggies containing marijuana were found. Stinson revealed there was a firearm in the vehicle. Stinson is an unlawful user of, and addicted to a controlled substance, making it illegal for him to possess firearms.
Drug trafficking is an inherently violent activity. Firearms are tools of the trade for drug dealers. It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Meghan N. Dilges prosecuted the case.
Stinson was immediately turned over to the custody of the U.S. Marshals Service.
Man from Mexico Charged with Methamphetamine OffensesRead the Press Release
United States Attorney Ron Parsons announced that a man from San Jose, Mexico, has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance and Possession with Intent to Distribute a Controlled Substance.
Heriberto Navarro Ortiz, age 32, was indicted on December 4, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 7, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in federal prison and/or a $10,000,000 fine, a minimum of 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that beginning no later than November 17, 2018, Ortiz knowingly and intentionally combined, conspired, confederated, and agreed with others to knowingly and intentionally distribute and possess with intent to distribute 500 grams or more of methamphetamine. The Indictment also alleges that on November 22, 2018, Ortiz knowingly possessed with intent to distribute 500 grams or more of methamphetamine.
The charges are merely accusations and Ortiz is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Ortiz was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Eagle Butte Man Sentenced for Burglary and LarcenyRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man convicted of separate and unrelated Burglary and Larceny offenses was sentenced on December 10, 2018, by U.S. District Judge Roberto A. Lange.
Tommy Shaving, age 49, was sentenced to 12 months and a day 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 on each offense. The terms of imprisonment and supervised release for the two offenses are to be served concurrently, or at the same time as each other.
Shaving was indicted by a federal grand jury on July 10, 2018. He pled guilty on September 24, 2018.
The burglary conviction stemmed from an incident on November 30, 2017, when Shaving unlawfully entered the United Church of Christ Church in Eagle Butte and took 3 star quilts valued at $1,200.00.
The larceny conviction stemmed from October 12, 2017, and October 28, 2017, when Shaving took blank checks from an individual and cashed 16 unauthorized checks for a total amount of $1,035.00.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Shaving was immediately turned over to the custody of the U.S. Marshals Service.
Fort Thompson Woman Charged with Conspiracy to Distribute a Controlled SubstanceRead the Press Release
United States Attorney Ron Parsons announced that a Fort Thompson, South Dakota, woman has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance.
Brooke Kristen Shields, age 32, was indicted on November 14, 2018. She appeared before U.S. Magistrate Judge Mark A. Moreno on November 29, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is a minimum of 10 years in federal prison and/or a $20,000,000 fine, at least 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that beginning no later than January 1, 2017, and continuing through the date the Indictment was filed, Shields knowingly and intentionally distributed and possessed with the intent to distribute 500 grams or more of methamphetamine.
The charge is merely an accusation and Shields is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Cameron Cook is prosecuting the case.
Shields was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
U.S. Attorney Attends Rural and Tribal Elder Justice SummitRead the Press Release
Des Moines, IA – United States Attorney Ron Parsons attended the Rural and Tribal Elder Justice Summit in Des Moines, IA, on November 14-15, 2018. The Summit highlighted innovative practices, available resources, and ongoing initiatives to enhance the ability of elder justice professionals to more robustly respond to elder abuse and support victims in rural and tribal communities. The Summit opened with remarks from Acting Attorney General Matthew Whitaker and Antoinette Bacon, National Elder Justice Coordinator and Associate Deputy Attorney General.
As part of the event, U.S. Attorney Parsons moderated a panel discussion entitled Showcasing the Strength of Tribal Communities, which featured promising practices used by elder justice professionals in responding to elder abuse in tribal communities. Panel members included Robert Blancato, National Coordinator of the Elder Justice Coalition; Jacque Gray, Director of the National Indigenous Elder Justice Initiative; Marcia Hall, Adult Protection Services Representative for the Shoshone-Bannock Tribes; Cynthia LaCounte, Director of the Office for American Indian, Alaska Native & Native Hawaiian Programs, Administration for Community Living/Administration on Aging, U.S. Department of Health and Human Services; and Wilson Wewa, Jr., Senior Wellness Coordinator for the Warm Springs Tribe in Oregon.
Elder justice refers to a society’s response to elder abuse, which includes physical abuse, caregiver neglect, financial exploitation, psychological abuse, sexual abuse, and abandonment. Since President Trump signed the bipartisan Elder Abuse Prevention and Prosecution Act (EAPPA) into law, the Department of Justice has participated in hundreds of enforcement actions in criminal and civil cases that targeted or disproportionately affected seniors. In particular, this past February the Attorney General announced the largest elder fraud enforcement action in American history, charging more than 200 defendants in a nationwide elder fraud sweep. The Department has likewise conducted hundreds of trainings and outreach sessions across the country since the passage of the Act.
Elder fraud complaints may be filed with the FTC at www.ftccomplaintassistant.gov or at 877-FTC-HELP. The Department of Justice provides a variety of resources relating to elder fraud victimization through its Office of Victims of Crime, which can be reached at www.ovc.gov. Additional elder justice resources, training, and outreach materials can be found at the Elder Justice Website (at www.elderjustice.gov).
Sioux Falls Man and Woman Charged with Distribution of a Controlled Substance Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man and a Sioux Falls, South Dakota, woman have been indicted by a federal grand jury for Distribution of a Controlled Substance Resulting in Serious Bodily Injury.
Michael Wayne Cooper, age 57, was indicted on November 6, 2018. He appeared before U.S. Magistrate Judge Veronica L. Duffy on November 27, 2018, and pled not guilty to the Indictment.
Darcy Ranee Hoff, age 43, was indicted on November 6, 2018. She appeared before U.S. Magistrate Judge Veronica L. Duffy on November 20, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in federal prison and/or a $1,000,000 fine, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about August 11, 2018, Cooper and Hoff knowingly and intentionally distributed fentanyl which resulted in serious bodily injury to a victim. Fentanyl is a Schedule II controlled substance.
The charge is merely an accusation and Cooper and Hoff are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Drug Enforcement Administration. Assistant U.S. Attorney John E. Haak is prosecuting the case.
Cooper and Hoff were remanded to the custody of the U.S. Marshals Service pending trial, which has been set for January 29, 2019.
Rosebud Man Sentenced for Firearm ConvictionRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person, was sentenced on November 26, 2018, by U.S. District Judge Roberto A. Lange.
Antonio Siers, age 22, was sentenced to 14 months in federal prison, followed by 3 years of supervised release, a $1,000 fine, forfeiture of two firearms, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Siers was indicted by a federal grand jury on May 15, 2018. He pled guilty on September 5, 2018.
The conviction stemmed from an incident that occurred on July 12, 2017, where Siers, being an unlawful user of and addicted to a controlled substance, knowingly possessed two firearms. Law enforcement made contact with Siers and a co-defendant during the middle of a drug transaction, where the 2 firearms and 14 grams of methamphetamine were seized.
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 the local community to develop effective, locally-based strategies to reduce violent crime.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Siers was immediately turned over to the custody of the U.S. Marshals Service.
Rosebud Man Sentenced for Assault and Voluntary ManslaughterRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury, Aiding and Abetting, and Voluntary Manslaughter was sentenced on November 26, 2018, by U.S. District Judge Roberto A. Lange.
Dallas Burning Breast, age 26, was sentenced to 96 months in federal prison for the Voluntary Manslaughter charge, and 36 months for the Assault charge, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $200.
Burning Breast was indicted by a federal grand jury on the Assault charge on February 14, 2018, and on the Voluntary Manslaughter charge by a federal grand jury on March 13, 2018. He pled guilty on September 5, 2018.
The convictions stem from two separate incidents, one that occurred on July 2, 2017, and the other that occurred on March 5, 2018. On July 2, 2017, Burning Breast beat an individual with brass knuckles in his yard, with the intent to do bodily harm, and the assault resulted in serious bodily injury. On March 5, 2018, Burning Breast was arguing with another man at a house in Rosebud. The argument tuned into a physical altercation and Burning Breast picked up a knife and stabbed the man in the upper thigh. The knife penetrated the man’s femoral artery, causing significant blood loss. The victim subsequently died at the Rosebud Indian Health Services Hospital in Rosebud.
These cases were investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted both cases.
Burning Breast was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Internet CrimeRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Attempted Transfer of Obscene Material to a Minor was sentenced on November 19, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Christopher James Perry, age 37, was sentenced to 12 months in federal prison, followed by 2 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. Perry also may be required to register as a sex offender under the Sex Offender Registration and Notification Act.
Perry was charged on February 21, 2018. The conviction stems from Perry sending an obscene image of himself to someone he believed to be a 15 year-old girl via the internet, in August 2017 at Rapid City.
The case was investigated by the Internet Crimes Against Children Taskforce. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Rapid City Man Sentenced for Escape and Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Escape and Failure to Register as a Sex Offender was sentenced on November 26, 2018, by U.S. District Judge Roberto A. Lange.
Brady Makes Room For Them, age 34, was sentenced to 20 months in federal prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $200.
Makes Room For Them was indicted by a federal grand jury for the Escape charge on April 19, 2016, and on the Failure to Register as a Sex Offender on May 17, 2016. He pled guilty on September 20, 2018.
The convictions stem from the same incident, the Escape charge occurred on April 4, 2016, and the Failure to Register as a Sex Offender violation occurred on April 7, 2016. On April 4, 2016, Makes Room For Them escaped from custody of the Bureau of Prisons at the Community Alternatives of the Black Hills (CABH), where he was lawfully confined upon conviction for a federal felony offense. Makes Room For Them left the CABH and did not return to the facility as required. Makes Room For Them was convicted of Abusive Sexual Contact in September 2005. As a result of this conviction, he is required to register as a sex offender. Makes Room For Them was aware of his obligation to update his sex offender registration and failed to do so. Following his escape from CABH, Makes Room For Them did not update his registration.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Michael J. Elmore prosecuted the case.
Makes Room For Them was immediately turned over to the custody of the U.S. Marshals Service.
Parmelee Man Indicted for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Parmelee, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Lionel Eugene Roubideaux, age 55, was indicted on October 16, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 27, 2018, 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.
Roubideaux was convicted of Aggravated Sexual Abuse in December 1987. As a result of this conviction, he is required to register as a sex offender for his natural life. It is alleged that between March 17, 2018 and August 14, 2018, Roubideaux, 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 charge is merely an accusation and Roubideaux 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.
Roubideaux was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Opioid Crisis UpdateRead the Press Release
SIOUX FALLS, S.D. – United States Attorney Ron Parsons today announced additional progress made in the past six weeks by law enforcement in the fight against opioids. The epidemic of opioid abuse and addiction is, by now, distressingly familiar. In 2017 alone, over 70,000 people in the United States suffered a fatal overdose and countless others suffered nonfatal overdoses because they were revived by first responders using Narcan. To combat this crisis, the Department of Justice is dedicating tremendous resources to reduce the supply of illicit opioids (primarily heroin and fentanyl).
“Federal, state, local, and tribal task force officers are working these cases hard in every corner of the state,” said U.S. Attorney Parsons. “And we’re not going to let up. We’re going to hammer the traffickers who are dealing these poisons with everything we’ve got.”
The following federal criminal investigations, involving at least 19 defendants, have resulted in indictments, arraignments, guilty pleas, or prison sentences in opioid-related prosecutions by the U.S. Attorney’s Office for the District of South Dakota since the beginning of October 2018.
Indictments
Stuart Siecke, Dean Bourn, and Deon Hillard. On October 10, 2018, Stuart Harlon Siecke (age 27) of Worthing, SD, Dean Joseph Bourn (age 36) of Vermillion, SD, and Deon Lee Hillard (age 30) of Minneapolis, MN, were indicted by a federal grand jury in Sioux Falls for Conspiracy to Distribute a Controlled Substance. The three men are alleged to be part of a fentanyl distribution ring stretching from Minneapolis to Yankton, SD. Hillard’s federal indictment came while he was released on bond after being charged in Minnesota state court for causing a fentanyl overdose death. These charges are merely accusations and Siecke, Bourn, and Hillard are presumed innocent unless and until proven guilty.
Maurice Cathey and Corrod Phillips. On October 10, 2018, a superseding indictment was filed against Maurice Bellafonta Cathey, also known as “Short,” (age 38) of Sioux Falls, SD, and Corrod Leon Phillips (age 27) of Sioux Falls, SD, for Conspiracy to Distribute a Controlled Substance, namely heroin. Cathey also was charged with one count of Distribution of a Controlled Substance Resulting in Death and two counts of Distribution Resulting in Serious Bodily Injury. In addition, Phillips was charged with two counts of Distribution Resulting in Serious Bodily Injury. The defendants are alleged to have been heroin dealers responsible for numerous overdoses in the Sioux Falls area. A jury trial before U.S. District Judge Karen E. Schreier is set to begin on January 29, 2019. These charges are merely accusations and Cathey and Phillips are presumed innocent unless and until proven guilty.
Sarah Bailey, a/k/a/ Sarah Johnson and Justin Johnson. On October 23, 2018, a superseding indictment was filed against Sarah Bailey, also known as Sarah Johnson (age 40) and Justin Johnson (age 37), both of Rapid City, SD, charging them with Conspiracy to Distribute a Controlled Substance, namely heroin. Bailey also was charged with Distribution of a Controlled Substance Resulting in Serious Bodily Injury and Distribution of a Controlled Substance to a Person under Age 21. In addition, Justin Johnson was charged with two counts of Distribution of a Controlled Substance. It is alleged that these defendants were dealing heroin in Rapid City, and that Bailey provided the heroin that caused the overdose of a 15-year-old boy. These charges are merely accusations and Bailey and Johnson are presumed innocent unless and until proven guilty.
Alyssa Tuttle. Alyssa Tuttle (age 28) of Peever, SD, was indicted by a federal grand jury for Obtaining a Controlled Substance by Fraud on September 5, 2018. On November 1, 2018, she was arraigned before U.S. Magistrate Judge William D. Gerdes and pleaded not guilty to the Indictment. It is alleged that on or about February 2, 2018, Tuttle knowingly and intentionally acquired and obtained hydrocodone, a Schedule II controlled substance, by misrepresentation, fraud, forgery, deception, and subterfuge in Watertown, SD. The charge is merely an accusation and Tuttle is presumed innocent unless and until proven guilty.
Darcy Hoff and Michael Cooper. Michael Wayne Cooper (age 57) of Sioux Falls, SD and Darcy Ranee Hoff (age 43) of Sioux Falls, SD, were indicted by a federal grand jury on November 6, 2018, for Distribution of a Controlled Substance Resulting in Serious Bodily Injury. It is alleged that these defendants were dealing fentanyl that resulted in the overdose of a victim in Sioux Falls. Hoff was arraigned on November 20, 2018, before U.S. Magistrate Judge Veronica L. Duffy and pleaded not guilty to the indictment. Hoff was ordered to be detained and remanded to the custody of the U.S. Marshals. Cooper is still at large and actively sought by federal authorities. He was last known to reside in Sioux Falls but has strong ties to the Chicago area, as well as Louisiana. Anyone with information about Cooper’s whereabouts can contact the U.S. Marshal Service at (605) 330-4356 or by email at [email protected].
Guilty Pleas
Andy Ontiveros. On October 16, 2018, Andy Ontiveros (age 39) of South Gate, CA, pleaded guilty in federal court to 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 2,680 grams of heroin and 993 grams of fentanyl hidden inside the vehicle. This is believed to be the largest combined seizure of heroin and powdered fentanyl in South Dakota history. Ontiveros has admitted that he intended to distribute the substances both in South Dakota and elsewhere. Sentencing is scheduled for January 14, 2018 before Judge Schreier. The penalty is a mandatory minimum sentence of 10 years in federal prison and maximum sentence of life, and/or $10 million dollar fine, or both. The term of supervised release is a minimum of 5 years and maximum of life.
Shania Hofer. On October 22, 2018, Shania Rose Hofer (age 21) of Sioux Falls, SD, pleaded guilty to Distribution of a Controlled Substance Resulting in Serious Bodily Injury. 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 find 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 use of the heroin provided by Hofer, the victim would not have stopped breathing, which caused a substantial risk of death. Sentencing is scheduled before Judge Schreier on January 4, 2019. Hofer faces a mandatory minimum sentence of 20 years in federal prison up to life, a $1 million fine, or both, and a term of supervised release from three years to life.
Cory Poelstra. On October 31, 2018, Cory Michael Poelstra (age 29) of Yankton, SD, appeared before Judge Schreier and pleaded guilty to a Superseding Information that charged him with Conspiracy to Distribute a Controlled Substance, namely fentanyl. During his involvement in the conspiracy, Poelstra ordered fentanyl from the "Dark Web" and had it shipped to Yankton. He then sold fentanyl to various customers in South Dakota. He also was aware that some of his fentanyl customers were reselling it to others. Sentencing is scheduled before Judge Schreier for January 28, 2019. Poelstra faces a maximum sentence of 20 years in federal prison, a $1 million fine, or both, and a term of supervised release.
Troy Adolfson. On November 14, 2018, Troy Edward Adolfson (age 47), now of Pella, IA, pleaded guilty to Distribution of a Controlled Substance in violation of federal law. Between January 9 and April 17, 2017, Adolfson, then a licensed physician in Aberdeen, SD, illegally distributed oxycodone to others by writing prescriptions for oxycodone pills to a coworker, who would get the prescriptions filled and give Adolfson the pills. Adolfson would give the coworker some of the pills and cash for getting the prescription filled. Adolfson made the same arrangement with two other individuals, and estimates he illegally prescribed 1,400 pills of oxycodone in this manner. Sentencing is scheduled before U.S. District Judge Charles B. Kornmann on May 13, 2019. Adolfson faces a maximum sentence of 20 years in federal prison, a $1 million fine, or both, and a term of supervised release.
Devlin Tommeraasen. On November 16, 2018, Devlin Tommeraasen (age 23) of Harrisburg, SD, pleaded guilty to Conspiracy to Distribute a Controlled Substance. As part of his involvement in the conspiracy, Tommeraasen purchased heroin from co-conspirators and sold it in the Sioux Falls area. He accompanied a co-conspirator on a trip from Sioux Falls to Minneapolis and back to purchase heroin for distribution in the Sioux Falls area. Sentencing is scheduled before Judge Schreier for February 4, 2019. Tommeraasen faces a maximum sentence of 20 years in prison, a $1 million fine, or both, and a term of supervised release.
Federal Prison Sentences
Tyler Woodraska, Trevor Harden, Rodney Rohrbach, Sr., Rodney Rohrbach, Jr. Four South Dakota fentanyl dealers convicted of Conspiracy to Distribute a Controlled Substance have been sentenced by Judge Schreier, the most recent on October 15, 2018. Tyler Wayne Woodraska (age 25) of Oacoma, SD, was sentenced on October 15, 2018, to 63 months in federal prison and three years of supervised release. Trevor Robert Harden (age 20) of Chamberlain, SD, was sentenced on April 30, 2018, to 108 months in federal prison and three years of supervised release. Rodney Scott Rohrbach, Sr., a/k/a “Scott” (age 51) of Chamberlain was sentenced on August 20, 2018, to 84 months in federal prison and three years of supervised release. Rodney Scott Rohrbach, Jr., a/k/a “Bubba” (age 26) of Chamberlain was sentenced on July 30, 2018, to 97 months in federal prison and three years of supervised release. The convictions stem from incidents ending on or about June 19, 2017, when the Defendants knowingly and intentionally conspired with others to acquire fentanyl and cyclopropylfentanyl, both Schedule II controlled substances, using the “Dark Web” and distribute it in South Dakota. Woodraska, Harden, Rohrbach, Sr., and Rohrbach, Jr. were immediately turned over to the custody of the U.S. Marshals Service.
All of these recent developments in the District of South Dakota have occurred as the Drug Enforcement Administration released its 2018 National Drug Threat Assessment, which outlines the threats posed to the United States by domestic and international drug trafficking and the abuse of illicit drugs.
“Hot off the presses, the new DEA threat assessment underscores the broad scope and severe magnitude of the ongoing opioid crisis in the United States,” said U.S. Attorney Parsons. “It represents the sum of all the data and critical intelligence from our law enforcement partners gathered over the past year. It highlights the need to use every tool at our disposal in our collective mission to defeat this horrific and deadly epidemic.”
Key findings in the report include:
- Controlled prescription drugs remain responsible for the largest number of overdose deaths of any illicit drug class since 2001. These drugs are the second most commonly abused substance. Traffickers are now disguising other opioids as controlled prescription drugs to gain access to this market.
- Heroin-related drug-poisoning deaths almost doubled between 2013 and 2016. This has been exacerbated by the increased adulteration of heroin with fentanyl and other synthetic opioids. Heroin now available in U.S. markets is primarily sourced from Mexico, where opium poppy cultivation and heroin production have both increased significantly in recent years.
- Of all opioids, the abuse of illicit fentanyl and other synthetic opioids has led to the greatest number of deaths in the United States. Fentanyl is increasingly available in the form of counterfeit prescription pills marketed for illicit street sales, and also sold by traffickers on its own, without the presence of other drugs.
The 2018 National Drug Threat Assessment can be accessed here.
The cases listed above are being investigated by the 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, South Dakota Division of Criminal Investigation (DCI), South Dakota Highway Patrol, Minnehaha County Sheriff’s Office, Sioux Falls Police Department, Yankton Police Department, Minneapolis Police Department, and the Sioux Falls Area Drug Task Force. Assistant U.S. Attorneys John Haak, Jennifer Mammenga, Benjamin Patterson and Tamara Nash are prosecuting the cases.
Lower Brule Man Sentenced on Drug and Firearm ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person was sentenced on November 26, 2018, by U.S. District Judge Roberto A. Lange.
Thomas James Eagle Thunder, age 21, was sentenced to 5 months in federal prison on each count to run concurrently, followed by 2 years of supervised release, a fine of $1,000, forfeiture of $5,358.01 in U.S. currency and 5 firearms, and a special assessment to the Federal Crime Victims Fund in the amount of $200.
Eagle Thunder was indicted by a federal grand jury on June 12, 2018. He pled guilty on September 12, 2018.
The conviction stemmed from an incident that occurred on February 15, 2018, following a traffic stop for a missing headlight in low visibility and poor road conditions. Once the officer made contact with the driver, Eagle Thunder, the officer smelled a strong odor of marijuana. Following a search of the vehicle, two plastic baggies containing marijuana were found as well as two bundles of U.S. currency. A further search of Eagle Thunder’s residence revealed several firearms. Eagle Thunder knowingly and intentionally combined, conspired, confederated, and agreed with others to distribute and to possess with intent to distribute marijuana, which is a Schedule I controlled substance. Further, Eagle Thunder is an unlawful user of, and addicted to a controlled substance, making it illegal for him to possess firearms.
Drug trafficking is an inherently violent activity. Firearms are tools of the trade for drug dealers. It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, the Bureau of Indian Affairs, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Meghan N. Dilges prosecuted the case.
Eagle Thunder was immediately turned over to the custody of the U.S. Marshals Service.