District of South Dakota
Press releases recorded for this federal judicial district.
Mission Man Charged with Domestic Assault 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 Domestic Assault by an Habitual Offender.
Jodie Brave, a/k/a Jody Brave, age 47, was indicted on August 13, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 30, 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 on June 29, 2018, Brave unlawfully committed a domestic assault against a spouse or intimate partner and that, at the time of the domestic assault, Brave 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 charge is merely an accusation and Brave 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.
Brave was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Minnesota Man Charged with Aggravated Sexual Abuse of a ChildRead the Press Release
United States Attorney Ron Parsons announced that a Moose Lake, Minnesota, man has been indicted by a federal grand jury for aggravated sexual abuse of a child and for abusive sexual contact of a child under twelve years.
Roland Joseph Brant, age 63, was indicted on June 6, 2018. He appeared before U.S. Magistrate Judge William Gerdes on August 28, 2018, and pled not guilty to the Indictment.
The maximum penalties upon conviction for each count are as follows: life imprisonment, a $250,000 fine, or both; a mandatory minimum term of five (5) years, up to life, of supervised release; $100 special assessment for victim/witness fund; $5,000 assessment to the domestic trafficking fund; and restitution may be ordered.
According to the Indictment, between February and July, 2007, in Roberts County, South Dakota, Roland Joseph Brant did knowingly engage in and attempt to engage in sexual acts with a child who had not attained the age of 12.
The charges are merely accusations and Brant 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.
Brant was remanded to the custody of a facility in Minnesota. A trial date of October 16, 2018, has been set.
McLaughlin Man Charged with Possession of Firearms by a Prohibited PersonRead the Press Release
United States Attorney Ron Parsons announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury for possession of firearms by a prohibited person.
Jesse Boyd Brown Otter, age 37, was indicted on August 7, 2018. He appeared before U.S. Magistrate Judge William Gerdes on August 28, 2018, and pled not guilty to the Indictment.
The maximum penalties upon conviction are as follows: ten (10) years in prison; $250,000 fine; three (3) years supervised release, two (2) additional years if revoked; $100 special assessment for victim/witness fund; forfeiture of the firearms; restitution may be ordered.
According to the Indictment, on or about the 28th day of December, 2017, in the District of South Dakota, Jesse Boyd Brown Otter, having previously been convicted of a crime punishable by imprisonment for a term exceeding one year, and being an unlawful user of a controlled substance, did knowingly possess a firearm and ammunition. The indictment alleges that Brown Otter possessed a Bond Arms, Model “Cowboy Texas Defender” 45 Long Colt caliber/410 gauge derringer-style handgun, bearing serial number 33176, and a Bond Arms, Model “Snake Slayer” 45 Long Colt caliber/410 gauge derringer-style handgun, bearing serial number 61571, and 4 rounds of Starline 45 Long Colt ammunition.
The charge is merely an accusation and Brown Otter is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Bureau of Indian Affairs, Office of Justice Services. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.
Brown Otter was released by the court. A trial date of October 16, 2018, has been set.
McLaughlin Man Charged with Assaulting Two Federal Officers and Domestic Assault by an Habitual OffenderRead the Press Release
United States Attorney Ron Parsons announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury for assault of a federal officer (two counts) and domestic assault by an habitual offender.
Daniel Lee Hoisington, age 37, was indicted on August 7, 2018. He appeared before U.S. Magistrate Judge William Gerdes on August 28, 2018, and pled not guilty to the Indictment.
The maximum penalties upon conviction for assault of a federal officer are as follows: eight (8) years in prison; and/or a $250,000 fine; a period of supervised release of three (3) years; $100 special assessment; restitution may be ordered. The maximum penalties upon conviction of domestic assault by an habitual offender are as follows: five (5) years in prison; and/or a $250,000 fine; a period of supervised release of three (3) years; $100 special assessment; restitution may be ordered.
According to the Indictment, on or about the 29th day of June, 2018, in McLaughlin, Hoisington did forcibly assault, resist, oppose, impede, intimidate, and interfere with two officers, while the officers were engaged in the performance of their official duties. The officers were employed as federal law enforcement officers with the Bureau of Indian Affairs, Department of Interior, assigned to perform law enforcement functions.
The Indictment further states on or about the 29th day of June, 2018, Hoisington did unlawfully commit a domestic assault upon a person, when at the time of the domestic assault, Daniel Hoisington had a final conviction, on at least two separate prior occasions, for offenses that would have been, if subject to federal jurisdiction, an assault against a spouse and intimate partner.
The charges are merely an accusation and Hoisington is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.
Hoisington was remanded to the custody of the U.S. Marshal’s Service. A trial date of October 16, 2018, has been set.
Lower Brule Man Sentenced for AssaultRead the Press Release
United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on August 30, 2018, by Magistrate Mark A. Moreno
Tyler Harmon, age 27, was sentenced to 2 years probation, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Harmon was indicted by a federal grand jury on February 15, 2017. He pled guilty on May 16, 2018.
The conviction stems from an incident on November 12, 2016, at Lower Brule, when a Bureau of Indian Affairs officer approached an intoxicated Harmon in an attempt to arrest him for public intoxication. At which point, Harmon forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with the officer, while said officer was employed and engaged in the performance of his official duties with the Bureau of Indian Affairs. Harmon continued to resist arrest and would not comply with the officer’s commands until he was taken into custody.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Harmon was released.
Gettysburg Man Indicted for Drug, Explosive, and Firearm ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Gettysburg, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance, Possession with Intent to Distribute a Controlled Substance, Possession of a Firearm by a Prohibited Person, and Possession of an Unregistered Firearm and Destructive Device.
Adam Westphal, age 34, was indicted on August 13, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 29, 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, lifetime of supervised release, and $600 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about October 1, 2017, Westphal knowingly and intentionally combined, conspired, confederated, and agreed with persons known and unknown to distribute and possess with intent to distribute 500 grams or more of methamphetamine, a Schedule II controlled substance. Westphal, who is an unlawful user of, and addicted to a controlled substance, knowingly received and possessed several firearms. The Indictment further alleges that Westphal knowingly possessed a homemade silencer and a destructive device, items which combination of parts would readily assemble one improvised explosive bomb or destructive device, each of which was not registered to him.
The charges are merely accusations and Westphal 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. Attorney General Jeff Sessions 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 Northern Plains Safe Trails Drug Enforcement Task Force and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Westphal was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
Three Convicted Methamphetamine Traffickers Sentenced to 20-year Federal Prison TermsRead the Press Release
United States Attorney Ron Parsons announced that three individuals have been sentenced in federal court in Sioux Falls to 20-year prison terms for their involvement in two separate methamphetamine trafficking conspiracies in the Sioux Falls area.
Larry Tyler McKay, age 41, and Diane Thomsen, age 51, both of Sioux Falls, South Dakota, were each sentenced to 240 months in federal prison for conspiracy to distribute 500 grams or more of methamphetamine by U.S. District Judge Karen E. Schreier. McKay was sentenced August 20, and Thomsen was sentenced August 27, 2018.
In addition, Mario A. Ochoa-Ortiz, age 30, of Phoenix, Arizona, was sentenced to 240 months in federal prison for conspiracy to distribute 500 grams or more of methamphetamine by Judge Schreier on August 27, 2018.
The time in prison served by these defendants will be followed by ten years of supervised release. They each were also ordered to each pay $100 to the Federal Crime Victim’s Fund.
“Meth is a scourge on our communities and our federal, state, local, and tribal law enforcement officers are doing everything in their power to fight it,” said U.S. Attorney Parsons. “The sentences imposed on these criminal defendants reflect the gravity of their crimes. The poison they were seeking to sell in South Dakota would have brought untold suffering to our residents.”
Thomsen and McKay were both indicted by a federal grand jury on October 11, 2017, and pled guilty to their charges. The investigation of Thomsen and McKay revealed their joint involvement in distributing over 20 pounds of methamphetamine to Sioux Falls. At the time of his arrest, law enforcement found McKay in possession of approximately 50 grams of methamphetamine and several firearms. Multiple search warrants executed at Thomsen’s residence yielded over 430 grams of methamphetamine.
Ochoa-Ortiz was indicted by a federal grand jury on August 8, 2017, and pled guilty on June 8, 2018.
The investigation of Ochoa-Ortiz revealed his role as a source of methamphetamine to co-conspirators Cody Baade, Corey Roelfsema, and Anthony Haron, for the purpose of distributing the methamphetamine in Sioux Falls. During the course of Ochoa-Ortiz’s involvement, he was responsible for arranging the delivery of over 60 pounds of methamphetamine to Sioux Falls from Arizona. Earlier this year, Baade, Roelfsema, and Haron each received 210, 240, and 151 months, respectively, in federal prison.
Drug trafficking is an inherently violent activity. Firearms are tools of the trade for drug dealers. It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.
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. Attorney General Jeff Sessions 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.
These cases was investigated by the Sioux Falls Area Drug Task Force, the South Dakota Division of Criminal Investigation, the Drug Enforcement Administration, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted both cases.
Sioux Falls Man Found Guilty on 30 Counts in Massive Tax Fraud SchemeRead the Press Release
United States Attorney Ron Parsons announced that Jacques Eviglo, age 37, of Sioux Falls, South Dakota, was found guilty of 25 counts of making false claims and 5 counts of wire fraud as a result of a five-day federal jury trial in Sioux Falls, South Dakota.
The false claims charges carry a maximum penalty of 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. The wire fraud charges carry a maximum penalty of 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Eviglo was indicted by a federal grand jury on January 23, 2018.
Eviglo did business as Global Income Tax Services, located in Sioux Falls. He 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.
“The message here is simple,” said U.S. Attorney Parsons. “Do not try to steal from the United States government. You will be caught and you will be prosecuted.”
This case was investigated by the Internal Revenue Service – Criminal Investigations. Assistant U.S. Attorney Ann M. Hoffman and Criminal Division Deputy Chief John E. Haak prosecuted the case.
A presentence investigation was ordered and a sentencing date was set for November 26, 2018.
Rapid City Man Indicted for Failure to Register as a Sex OffenderRead 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 Register as a Sex Offender.
Brady Makes Room For Them, age 33, was indicted on May 17, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 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.
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. It is alleged that between April 4, 2016, and May 17, 2016, Makes Room For Them, 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 Makes Room For Them 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.
Makes Room For Them 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 ArsonRead the Press Release
United States Attorney Ron Parsons announced that a Pine Ridge, South Dakota, man convicted of Arson was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Britton George Kills Right, age 43, was sentenced on August 27, 2018, to 4 years in federal prison, followed by 2 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund, and restitution in an amount to be determined.
Kills Right was charged on April 17, 2018. The conviction stems from Kills Right intentionally starting a fire in another person’s home at Pine Ridge in February 2018. The home and all its contents were destroyed.
This case was investigated by the Bureau of Indian Affairs Office of Justice Services and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Kills Right was immediately turned over to the custody of the U.S. Marshals Service.
McLaughlin Man Indicted on Drug and Firearm ChargesRead the Press Release
United States Attorney Ron Parsons announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person.
Lawrence Leonard Malcolm, Sr., age 46, was indicted on August 13, 2018. He appeared before U.S. Magistrate Judge William D. Gerdes on August 27, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 30 years in federal prison and/or a $2,000,000 fine, 6 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about July 5, 2018, Malcolm knowingly and intentionally combined, conspired, confederated, and agreed with persons known and unknown to distribute and possess with intent to distribute methamphetamine, a Schedule II controlled substance. Malcolm, who is an unlawful user of, and addicted to a controlled substance, knowingly received and possessed several firearms.
The charges are merely accusations and Malcolm 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. Attorney General Jeff Sessions 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 Corson County Sheriff’s Office, the Northern Plains Safe Trails Drug Enforcement Task Force, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Malcolm was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
Eagle Butte Woman Charged with TheftRead 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 Theft from an Indian Tribal Organization.
Memoree Ducheneaux, age 27, was indicted on August 14, 2018. She appeared before U.S. Magistrate Judge Mark A. Moreno on August 24, 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 November 2016 and August 2017, Ducheneaux did willfully and knowingly steal, embezzle and convert to her own use, goods and assets in an amount greater than $1,000 belonging to the Lakota Thrifty Mart, in Eagle Butte, which is an Indian tribal organization.
The charge is merely an accusation and Ducheneaux 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.
Ducheneaux was released on bond pending trial. A trial date has not been set.
The case was brought as part of 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.
U.S. Attorney Announces Project Safe Neighborhoods InitiativeRead the Press Release
RAPID CITY, SD – On August 28, 2018, United States Attorney Ron Parsons announced the formation of a Project Safe Neighborhoods Task Force in Rapid City, South Dakota, and highlighted some of the initiative’s early successes.
One of the highest priorities of the Department of Justice is the reduction of violent crime. In the fall of 2017, U.S. Attorney General Jeff Sessions revitalized the Project Safe Neighborhoods program, also referred to as PSN. The PSN program is a national-scale violent crime reduction program aimed at bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our communities safer and more secure.
The PSN program utilizes focused enforcement efforts, along with technology and data analysis, to identify enforcement priorities. Since the program began in 2001, PSN has been updated and enhanced, emphasizing the role of U.S. Attorneys, the promise of new technologies, and above all, partnership with local communities. The program is proving to be more effective than ever and is helping fulfill our mission to make America safer.
The primary focus of the PSN initiative in South Dakota is to reduce gun and drug crimes through collaborative law enforcement, proactive investigations, data analysis, and community outreach.
In our communities, the rise of methamphetamine and other drug trafficking presents a clear and present danger to our children, families, citizens, and communities. At the same time, gun crimes and other acts of violence are rising as well. This is not a coincidence.
Make no mistake: drug trafficking is a crime of violence. Illegal drugs are the direct cause of much of the suffering and death in our communities. It has become common for law enforcement to find guns in the possession of drug dealers and users. Often, these guns have been stolen from law-abiding citizens. Over the past several years, there has been a nationwide increase in violent crimes, including robberies and assaults, committed by individuals under the influence of meth and other drugs.
The U.S. Department of Justice is committed to reversing those trends.
In cooperation with state, local, and federal law enforcement agencies, the U.S. Attorney’s Office for the District of South Dakota has targeted Rapid City as a focus location for its Project Safe Neighborhood efforts. A Rapid City PSN task force has been established, consisting of representatives from:
- U.S. Attorney’s Office
- Pennington County State’s Attorney’s Office
- South Dakota Attorney General’s Office
- Rapid City Police Department
- Pennington County Sheriff’s Office
- South Dakota Division of Criminal Investigations
- U.S. Marshal’s Service
- Bureau of Alcohol, Tobacco, Firearms, and Explosives
- Drug Enforcement Agency
- Community partners through our Re-entry Initiative
Making direct use of crime mapping and other data analysis, these state, local, and federal law enforcement agencies are working together to identify and arrest the most significant violent offenders, increase enforcement efforts against illegal guns and drugs, conduct warrant sweeps, and participate in community engagement and prevention programs.
Once cases are developed, the U.S. Attorney’s Office, Pennington County State’s Attorney’s Office, and Attorney General’s Office coordinate the prosecution of these cases to determine whether the case is better suited for state or federal court. The PSN task force meets regularly to discuss ongoing investigations, prosecutions, and necessary changes that will help reduce violent crime.
Since the beginning of this year, the U.S. Attorney’s Office in Rapid City alone has indicted approximately 45 individuals for firearms offenses and another 43 individuals for drug offenses under the Project Safe Neighborhoods initiative. During that same time period, many more criminal defendants have been charged in state court.
In addition, the Rapid City Police Department, Pennington County Sheriff’s Office, and federal ATF agents have collectively pulled at least 209 guns off the street thus far in 2018. All of these firearms were confiscated because they were illegal guns, such as sawed-off shotguns; used in the commission of a crime, including drug crimes; or found in the possession of someone prohibited by law from having firearms, such as those with a prior felony conviction. And this total does not include the 22 stolen guns recently recovered by law enforcement from the burglary at The Rooster Sporting Goods store in Rapid City.
The U.S. Attorney’s Office also is committed to prosecuting those who illegally attempt to obtain guns by lying, either directly or by omitting the truth, when seeking to purchase a gun. Federal law requires licensed firearms dealers to perform a background check before transferring any firearm. Those who attempt to thwart the background check process by lying or providing incomplete information on the required forms are likely to find themselves the subject of a federal prosecution.
Nationwide, at least 85 percent of all law enforcement occurs at the state, local, and tribal level. It is our state and local police officers, our sheriffs and deputies, DCI officers, highway patrol officers, federal agents, and tribal police who stand in the breach every day of their lives protecting us from violence and lawlessness. The Department of Justice is dedicated to doing everything it can to support them, including the reinvigoration of Project Safe Neighborhoods by Attorney General Sessions.
“We want everyone to know that we will not tolerate drug dealers in our communities,” said U.S. Attorney Parsons. “We won’t tolerate the use of guns against our fellow citizens. If you commit these crimes, we will find you. And you will be sent to prison.”
Recent federal prosecutions in Rapid City resulting from Project Safe Neighborhoods include:
- Nathanial Geiger, charged with possessing a sawed off shotgun. When arrested, he was found to be high on meth. He was sentenced to 7 years in federal prison for possessing the illegal firearm.
- AJ Bradshaw, charged with possessing firearms while using a controlled substance. He forfeited 41 firearms and explosives and was sentenced to 8 years in federal prison.
- William Corbine and Tristan Amos, charged with illegally discharging a firearm during a crime of violence. Corbine was sentenced to 15 years and Amos sentenced to 10 years in federal prison.
- Daniel Richards, charged with conspiracy to distribute methamphetamine in Rapid City. He was sentenced to more than 17 years in federal prison. Numerous co-conspirators were charged and are awaiting trial.
- Brandon Dykzuel, charged with distribution of meth by sending it through the U.S. mail. He was sentenced to almost 6 years in federal prison.
- Michael Mamola and Timothy Conwell, charged with conspiracy to distribute methamphetamine. Mamola was sentenced to 8 years and Conwell sentenced to 6 years in federal prison.
Two Rapid City Men Charged in the Rooster BurglaryRead the Press Release
United States Attorney Ron Parsons announced that two Rapid City, South Dakota, men were charged in federal district court with Theft of a Firearm, Possession of Stolen Firearms, and Use of a Firearm During a Drug Trafficking Crime.
Matthew Keifer, age 30, and Zephaniah Thompson, age 28, were charged on August 24, 2018. Keifer and Thompson appeared before U.S. Magistrate Judge Daneta Wollmann on August 27, 2018, and pleaded not guilty to the charges. The penalty upon conviction is a mandatory minimum of 5 years up to life in federal prison and/or a $250,000 fine, 5 years supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Keifer and Thompson stealing approximately 24 firearms from The Rooster on August 22, 2018, at Rapid City. The charges are merely an accusation and Keifer and Thompson are 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. Attorney General Jeff Sessions 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, the South Dakota Department of Criminal Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Ben Patterson is prosecuting the case.
Keifer and Thompson were detained pending a preliminary hearing. A trial date has not been set.
Two Eagle Butte Men Charged with AssaultRead the Press Release
United States Attorney Ron Parsons announced that two Eagle Butte, South Dakota, men have been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
James Charger, age 21, and Andrew Good Eagle, age 18, were indicted on August 13, 2018. They appeared before U.S. Magistrate Judge William Gerdes on August 22, 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 August 6, 2018, Charger and Good Eagle did unlawfully assault an individual and said assault did result in serious bodily injury to the victim.
The charges are merely accusations and Charger and Good Eagle are 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.
Charger was remanded to the custody of the U.S. Marshals Service pending trial and Good Eagle was released on bond. A trial date of October 16, 2018 has been set.
U.S. Attorney Participates in 2018 Violence Against Women Tribal Consultation in Sioux Falls, S.D.Read the Press Release
SIOUX FALLS, SD – United States Attorney Ron Parsons joined Acting Associate Attorney General Jesse Panuccio and Office on Violence Against Women’s (OVW) Acting Director Katherine Sullivan at the 13th Annual Conference on Violence Against Women Tribal Consultation held at the Sioux Falls Convention Center on August 21-22, 2018.
The purpose of this annual Government-to-Government conference is to solicit recommendations from tribal leaders on enhancing safety and strengthening federal law enforcement efforts to the crimes of domestic violence, dating violence, sexual assault, stalking and sex trafficking of American Indian and Alaskan Native women, and administering funds and programs for tribal governments established by the Violence Against Women Act (VAWA) and subsequent legislation.
The conference was hosted by the Great Plains Tribal Chairman’s Association. The U.S. Departments of Justice, Health and Human Services and the Interior, and tribal leaders of federally-recognized Indian Tribes from across the nation participated in the two-day event focused on federal administration of tribal funds and programs established under VAWA.
The conference opened with a call to order by Sherriann Moore (Rosebud Sicangu’ Lakota), Deputy Director of Tribal Affairs for OVW. The Color Guard was presented by the Flandreau Veteran’s Association Color Guard, staffed by Sam Allen. Roxanne Sazue, former Chairwoman of the Crow Creek Tribe, offered a traditional blessing with drums presented by “Rising Hail,” led by Allen Hare of the Yankton Sioux Tribe. The Native Women’s Society of the Great Plains then performed a Shawl Ceremony to honor victims of violence and abuse.
Oglala Sioux Tribe Vice-President Darla Black and Flandreau Santee Sioux Tribe President Anthony Reider each addressed the conference with opening remarks. OVC Acting Director Sullivan then introduced Acting Associate Attorney General Panuccio, who delivered the keynote address. Other Tribal leaders who provided testimony included Roxanne Sazue, former Chairwoman of the Crow Creek Sioux Tribe; Lydia Bear Killer, Council Member of the Oglala Sioux Tribe; and Lois Owens, Council Member of the Sisseton Wahpeton Oyate of the Lake Traverse Indian Reservation.
Assistant United States Attorney Troy Morley, who is the Tribal Liaison for the District of South Dakota, and Victim Witness Coordinator Marlys Big Eagle also attended the conference on behalf of the District of South Dakota.
Domestic violence and sexual assault are crimes that affect every community, but, tragically, Native women face higher rates of domestic violence, sexual assault, and domestic violence homicide than almost any other group. A 2016 National Institute for Justice study concluded that more than half of all Native women have experienced sexual violence and physical violence by an intimate partner. All too often, these instances of violence are part of an escalating cycle, culminating in alarming homicide rates for Native women.
Many in attendance at the conference wore red to commemorate, honor, and raise awareness about missing and murdered Native women. The voices of these women may have been silenced, but their memory should serve as a call to action. These women deserve to be honored and remembered, but they also deserve more: they deserve action.
The Department of Justice is resolute in its commitment to helping ameliorate this crisis. It does so in two principal ways. First, federal prosecutors are working every day to bring domestic violence offenders to justice. Second, through our grant programs, we are helping victims with a full range of services and support.
“This was an incredible opportunity to listen to and learn from tribal leaders and citizens from across the country who are leading the fight against domestic violence and abuse of all kinds in Native American communities,” said U.S. Attorney Parsons. “Their testimony was moving and profound. I am honored and humbled to have heard these direct accounts of the struggles and challenges that Native American communities are facing in seeking justice for domestic violence victims.”
Eagle Butte Man Sentenced on Methamphetamine ChargesRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man convicted of Distribution of a Controlled Substance (methamphetamine) was sentenced on August 20, 2018, by U.S. District Judge Roberto A. Lange.
Nolan Clown, age 33, was sentenced to 6 months in federal prison, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Clown was indicted by a federal grand jury on November 14, 2017. He pled guilty on August 1, 2018.
Clown admitted to distributing methamphetamine to another individual for money on August 24, 2016, in Eagle Butte. Clown further admitted he had distributed methamphetamine on at least one other occasion. Methamphetamine is a Schedule II controlled substance.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Clown 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 August 20, 2018, by U.S. District Judge Roberto A. Lange.
Troy Sampson, age 40, 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.
Sampson was indicted by a federal grand jury on March 20, 2018. He pled guilty on June 10, 2018.
Between December 2017 and January 2018, Sampson, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under federal law, did knowingly fail to register and update his registration.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Jay Miller prosecuted the case.
Sampson was immediately turned over to the custody of the U.S. Marshals Service.
Pierre Woman Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a Pierre, South Dakota, woman convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on August 20, 2018, by U.S. District Judge Roberto A. Lange.
Toni Ladeaux, age 21, was sentenced to 24 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.
Ladeaux was indicted by a federal grand jury on March 13, 2018. She pled guilty on June 12, 2018.
The conviction stemmed from an incident that occurred on February 9, 2018. On that date, Rosebud Sioux Tribe Law Enforcement Services officers responded to a report of a domestic disturbance at a home in the North Antelope Community near Mission, South Dakota, and subsequently arrested Ladeaux for domestic abuse. As she was being transported to the Rosebud Sioux Tribe Adult Corrections Facility (ACF), Ladeaux began kicking the window of the patrol vehicle. The transporting officer pulled over and a second officer arrived to assist in placing Ladeaux in leg restraints. While the officers were attempting to secure her, Ladeaux kicked one officer and bit the other officer’s pant leg. Ladeaux continued to be combative after she arrived at the ACF, kicking a corrections officer as she was being secured in a restraint chair.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Ladeaux was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for AssaultRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man convicted of Assault With a Dangerous Weapon was sentenced on August 20, 2018, by U.S. District Judge Roberto A. Lange.
Benjamin Morrison, age 37, was sentenced to 27 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.
Morrison was indicted by a federal grand jury on March 13, 2018. He pled guilty on June 22, 2018.
The conviction stemmed from an incident on February 25, 2018, when Morrison and an individual were in a vehicle together and got into an argument. Morrison pulled the vehicle over, got out, pulled the passenger out of the vehicle, and hit her with his fist. The woman fell to the ground, and Morrison continued punching her and then began to kick her.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Morrison was immediately turned over to the custody of the U.S. Marshals Service.
U.S. Attorney Attends Eighth Circuit Judicial ConferenceRead the Press Release
United States Attorney Ron Parsons attended the Eighth Circuit Judicial Conference held in Des Moines, Iowa, on August 15-17, 2018. The conference is a gathering of federal judges and attorneys in the Eighth Circuit, which consists of South Dakota, North Dakota, Iowa, Minnesota, Nebraska, Missouri, and Arkansas.
The conference featured an address from U.S. Attorney General Jeff Sessions, as well as an appearance by U.S. Supreme Court Justice Neil Gorsuch. Additional speakers included two native Iowans: Internationally renowned opera star Simon Estes and Medal of Honor recipient Sal Giunta. The conference was presided over by the Honorable Lavenski R. Smith, Chief Judge of the U.S. Court of Appeals for the Eighth Circuit.
Of special note, Randy Seiler, former U.S. Attorney for the District of South Dakota, received the Richard S. Arnold Award for Distinguished Service. Judge Richard S. Arnold (1936-2004) of Texarkana, Arkansas, served on the U.S. Court of Appeals for the Eighth Circuit from 1980 until his death in 2004. Recipients are honored for their professional excellence, leadership in the legal community, significant contributions of volunteer legal services in underserved communities, and service as a mentor to less-experienced lawyers or law students, all characteristics of Judge Arnold. Mr. Seiler is only the fourth South Dakotan to receive this coveted award.
U.S. Attorney Ron Parsons Attends Attorney General’s Advisory Subcommittee on Native American Issues in Tulsa, OklahomaRead the Press Release
United States Attorney Ron Parsons attended the Attorney General’s Advisory Subcommittee on Native American Issues (NAIS) in Tulsa, Oklahoma from August 13-15. U.S. Attorney Parsons was appointed to the NAIS this year by Attorney General Jeff Sessions. The NAIS meetings provided an opportunity for its members to discuss specific crime reduction strategies in Indian Country.
On Monday, August 13, U.S. Attorney Trent S. Shores of the Northern District of Oklahoma, who also serves as Chairman of the NAIS, and Principal Chief of the Muscogee (Creek) Nation James Floyd gave opening remarks.
U.S. Attorney Parsons then moderated a panel on Law Enforcement Resources in Indian Country.
On Tuesday, August 14, the NAIS visited and met with the Cherokee Nation in Tahlequah, Oklahoma. The visit included remarks from Cherokee Nation Principal Chief Bill John Baker and Cherokee Nation Attorney General Todd Hembree.
Troy Morley, Assistant U.S. Attorney and Tribal Liaison for the District of South Dakota, participated in a panel discussion on Cooperative Law Enforcement Models in Indian Country.
Fighting violent crime and combating the drug epidemic are two of Attorney General Sessions’s top priorities. The Department of Justice is actively addressing violence against women and children in Indian country through partnerships with federal, tribal, state, and local law enforcement, investigating and prosecuting crimes, grant programs, training and technical assistance, and information sharing with tribes.
Specifically, in the District of South Dakota, two new prosecutor positions have been added, one in Rapid City and one in Pierre, to focus on violent crime and drug trafficking in Indian country. In addition, the District of South Dakota is hosting an Indian Country Fellow from the DOJ Honors program, who will devote three years to prosecuting crime both in federal court and in Tribal Court on the Pine Ridge Indian Reservation.
Earlier this month, the Department of Justice announced the expansion of the Tribal Access Program (TAP), which provides federally recognized tribes with the ability to access and exchange data with the national crime information databases for both civil and criminal purposes. The Department is accepting new applications for this program until October 1, 2018. Interested tribes may apply by using this link: www.justice.gov/tribal/tribal-access-program-fy-2019-application.
Through TAP, tribes may enter information directly into federal databases. So far, tribes have contributed nearly 600 sex offender registrations and over 550 sex offender check-ins; nearly 300 instances of data entry that would prohibit someone from being able to purchase a firearm; over 1,000 orders of protection entered or modified; and over 4,200 finger-print based record checks for civil purposes that include employment, tribal housing placement, and personnel/volunteers who have regular contact with or control over Indian children.
American Indian and Alaska Native people suffer from high rates of victimization in our nation. Crimes range from domestic violence to sexual assault and to those devastated by the drug trade and the opioid epidemic. In June, the Department announced it had set aside $110 million in a program to provide assistance to crime victims in tribal communities. The FY 2018 Tribal Victim Services Set-Aside Program can be used to provide a wide range of victims’ services for victims of human trafficking, crime victimization related to the opioid and drug crisis, child abuse and neglect, domestic violence, homicide, and assault, among other crimes.
U.S. Attorneys’ Offices and law enforcement components are responsible for investigations, prosecutions, and victim services in the 49 judicial districts across the nation that include Indian country. Federal prosecutors have primary criminal jurisdiction for 70 million acres of Indian lands. That spans across about 200 Indian country territories. Our law enforcement work requires strong partnerships with tribal law enforcement, the Bureau of Indian Affairs, and state and local law enforcement.
Approximately 85 percent of the Department’s pending Indian country investigations relate to violent crime. The most investigated crimes include child sexual abuse, violent assaults, and adult sexual assaults, followed by homicide, other forms of child abuse, drug, and property crimes. Native women and girls suffer a high rate of violence, including murder. The Centers for Disease Control and Prevention (CDC) reported that American Indian and Alaska Native women experienced some of the highest rates of homicide based on an analysis from 18 states.
The Department’s Office on Violence Against Women (OVW) has funded Tribal Special Assistant U.S. Attorneys (SAUSAs) to enhance prosecution of Indian country cases and strengthen relationships and cooperation between federal and tribal law enforcement. OVW’s Tribal Governments Program enhances the ability of tribes to respond to violent crimes against Indian women, improve victim safety, and develop education and prevention strategies. In fiscal year 2018, OVW funds for tribal governments and tribal nonprofits totaled nearly $56 million.
The Department’s Office of Justice Programs, Bureau of Justice Assistance (BJA) has released the FY2018 Supporting Innovation: Field Initiated solicitation that focuses on several priorities including addressing innovative approaches to crime including violent crime associated with tribes and tribal members. BJA anticipates that it will be supporting a range of strategies including assistance for tribal prosecutors to prosecute violent crimes such as murder and crime associated guns, gangs and drug activity as well as training for tribes on violent crime and prosecuting violent crimes. In fiscal year 2018, BJA funds for tribal governments and tribal partners will total over $35 million dollars.
Native American communities have been hit particularly hard by the Opioid and drug epidemic. According to the CDC, American Indian and Alaska Native people had the highest drug overdose death rate in 2015. In 2017, the Department awarded nearly $59 million in tribal grants to strengthen drug court programs. The Bureau of Justice Assistance runs the Department’s Comprehensive Opioid Abuse Program, which aims to reduce opioid misuse and the number of overdose deaths. The program uses prescription drug monitoring to prevent the misuse and diversion of controlled substances.
Through its National Indian Country Training Program, the Department trains investigators and assists in the cross-deputization of tribal law enforcement. Better investigations lead to better cases, more prosecutions, and more convictions, all of which increase public safety and confidence in law enforcement.
The NAIS is made up of U.S. Attorneys from across the United States whose districts contain Indian country or one or more federally recognized tribes. The NAIS focuses exclusively on Indian country issues, both criminal and civil, and is responsible for making policy recommendations to the Attorney General regarding public safety and legal issues that affect tribal communities.
Mission Man Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Assaulting a Federal Officer was sentenced on August 20, 2018, by U.S. District Judge Roberto A. Lange.
Peter White Feather, age 39, was sentenced to 7 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.
White Feather was indicted by a federal grand jury on September 12, 2017. He pled guilty on August 20, 2018.
The conviction stemmed from an incident that occurred on February 26, 2017. On that date, a Rosebud Sioux Tribe Law Enforcement Services officer arrested White Feather for disorderly conduct at the Rosebud Indian Health Services Hospital in Rosebud, South Dakota. During the booking process at the Rosebud Sioux Tribe Adult Corrections Facility, White Feather began to spit on the floor. Following a request to cease spitting by a corrections officer, White Feather spit in the corrections officer’s face.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
White Feather was immediately turned over to the custody of the U.S. Marshals Service.
Media AdvisoryRead the Press Release
The United States Attorney’s Office and the Project Safe Neighborhood Task Force will hold a press conference on Tuesday, August 28, 2018, at the Andrew W. Bogue Federal Building in Rapid City, South Dakota.
The reinvigoration of the DOJ initiative Project Safe Neighborhood (PSN), the function of the newly created Task Force, and recent prosecutions will be discussed.
The continued growth of methamphetamine and other drug trafficking has become a prevalent issue and both the threat and actual instances of gun violence are on the rise. It has become commonplace to find methamphetamine distributors and users in possession of firearms. The U.S. Attorney’s Office (USAO) has selected Rapid City as a location of immediate concern in its PSN efforts. Through an established PSN task force, the USAO collaborates with key law enforcement and community partners to share intelligence and prosecute those who are driving violent crime and distribution of illegal drugs.
WHO: Ron Parsons: U.S. Attorney, District of South Dakota
Marty Jackley: Attorney General, State of South Dakota
Mark Vargo: Pennington County States Attorney
Karl Jegeris: Rapid City Police Chief
Kevin Thom: Pennington County Sheriff
Kurt Wheeler: ATF Resident Agent in Charge
PSN Task Force: State and Federal law enforcement
WHAT: Press Conference
WHEN: Tuesday, August 28, 2018, at 10:30 a.m. MST.
WHERE: USAO Conference Room, located on the 2nd Floor of the Federal Building. Address is 515 Ninth Street, Rapid City.
SECURITY: All media must enter through the first floor lobby. Media will be required to go through security and present a government-issued photo ID. Audio and video recording devices are allowed only in the press conference location, and the use of these devices is prohibited anywhere else in the federal building.
Press inquiries regarding logistics may be directed to Ace Crawford at 605.341.1915 or 605.838.6092.
Kyle Man Sentenced for Assault with a Dangerous WeaponRead the Press Release
United States Attorney Ron Parsons announced that a Kyle, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Charles Gay, age 21, was sentenced on August 14, 2018, to 1 year and 1 day in federal prison, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Gay was indicted for the charge by a federal grand jury in March 2017. The charge related to Gay throwing a television and hitting the victim in the head on October 10, 2015, in Kyle. Gay later went back and stabbed the same victim.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Gay was immediately turned over to the custody of the U.S. Marshals Service.
Three Men and One Woman Charged with Conspiracy to Distribute a Controlled SubstanceRead the Press Release
United States Attorney Ron Parsons announced that three men and one woman from Watertown, South Dakota, have been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance.
Amos Hall, a/k/a Amos Lee Hall, IV, age 35, was indicted on June 13, 2018. He appeared before U.S. Magistrate Judge William D. Gerdes on August 16, 2018, and pled not guilty to the Indictment.
Dayvon Byrd, age 28, was indicted on June 13, 2018. He appeared before U.S. Magistrate Judge William D. Gerdes on June 29, 2018, and pled not guilty to the Indictment.
Danny Callahan, age 39, was indicted on June 13, 2018. He appeared before U.S. Magistrate Judge William D. Gerdes on July 19, 2018, and pled not guilty to the Indictment.
Alexis Dumarce, age 30, was indicted on June 13, 2018. She appeared before U.S. Magistrate Judge William D. Gerdes on June 28, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is a mandatory minimum of 10 years, up to life, in federal prison and/or a $10,000,000 fine, at least 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 on or about November 23, 2017, and continuing to on or about February 28, 2018, Hall, Byrd, Callahan, and Dumarce knowingly and intentionally combined, conspired, confederated, and agreed with persons known and unknown to distribute and possess with intent to distribute 500 grams or more of methamphetamine, which is a Schedule II controlled substance.
The charge is merely an accusation and Hall, Byrd, Callahan, and Dumarce, are 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.
Callahan was released on Bond. Hall, Byrd, and Dumarce were remanded to the custody of the U.S. Marshals Service pending trial, which has been set for August 28, 2018.
Montana Woman Sentenced for Aiding and Abetting Receipt of Stolen Mail MatterRead the Press Release
United States Attorney Ron Parsons announced that a Missoula, Montana, woman convicted of Aiding and Abetting Receipt of Stolen Mail Matter was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Cydrea Nicholes, age 26, was sentenced on August 15, 2018, to time served, 2 years of supervised release, ordered to pay a $100 special assessment to the Federal Crime Victims Fund, and $875 in restitution.
Nicholes was indicted by a federal grand jury in September 2017. The charge related to Nicholes and her co-defendant stealing mail from mailboxes in Montana. On August 12, 2017, they were stopped by law enforcement in Spearfish, and a search of the vehicle revealed multiple cell phones, stolen mail matter, check printing paper, and multiple identification cards belonging to Nicholes and her co-defendant.
This case was investigated by the South Dakota Division of Criminal Investigation, the South Dakota Highway Patrol, the Department of Homeland Security, Missoula, Montana, Police Department, the Bureau of Alcohol, Tobacco, Firearms & Explosives, and the U.S. Postal Service. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Justice Department, DEA Propose Significant Opioid Manufacturing Reduction in 2019Read the Press Release
WASHINGTON -- The Department of Justice and U.S. Drug Enforcement Administration (DEA) have proposed a reduction for controlled substances that may be manufactured in the U.S. next year. Consistent with President Trump’s “Safe Prescribing Plan” that seeks to “cut nationwide opioid prescription fills by one-third within three years,” the proposal decreases manufacturing quotas for the most six frequently misused opioids for 2019 by an average ten percent as compared to the 2018 amount. The Notice of Proposed Rulemaking (NPRM) marks the third straight year of proposed reductions, which help reduce the amount of drugs potentially diverted for trafficking and used to facilitate addiction.
On July 11, 2018, the Justice Department announced that DEA was issuing a final rule amending its regulations to improve the agency’s ability consider the likelihood of whether a drug can be diverted for abuse when it sets annual opioid production limits. The final rule also promotes greater involvement from state attorneys general, and today’s proposed reduction will be sent to those offices.
In setting the aggregate production quote (APQ), DEA considers data from many sources, including estimates of the legitimate medical need from the Food and Drug Administration; estimates of retail consumption based on prescriptions dispensed; manufacturers’ disposition history and forecasts; data from DEA’s own internal system for tracking controlled substance transactions; and past quota histories.
The DEA has proposed to reduce more commonly prescribed schedule II opioids, including oxycodone, hydrocodone, oxymorphone, hydromorphone, morphine, and fentanyl:
Ultimately, revised limits will encourage vigilance on the part of opioid manufacturers, help DEA respond to the changing drug threat environment, and protect the American people from potential addictive drugs while ensuring that the country has enough opioids for legitimate medical, scientific, research, and industrial needs.
"The opioid epidemic that we are facing today is the worst drug crisis in American history," Attorney General Jeff Sessions said. "President Trump has set the ambitious goal of reducing opioid prescription rates by one-third in three years. We embrace that goal and are resolutely committed to reaching it. According to the National Prescription Audit, we have already made significant progress in reducing prescription rates over the past year. Cutting opioid production quotas by an average of ten percent next year will help us continue that progress and make it harder to divert these drugs for abuse. The American people can be confident that federal law enforcement and the Trump administration are taking action to protect them from dangerous drugs. These smarter limits bring us one big step closer to President Trump's goal of finally ending this unprecedented crisis. I congratulate Acting Administrator Uttam Dhillon and his team for taking action.”
“We’ve lost too many lives to the opioid epidemic and families and communities suffer tragic consequences every day,” said DEA Acting Administrator Uttam Dhillon. “This significant drop in prescriptions by doctors and DEA’s production quota adjustment will continue to reduce the amount of drugs available for illicit diversion and abuse while ensuring that patients will continue to have access to proper medicine.”
“I commend the efforts of the Department of Justice and the Drug Enforcement Administration to reduce Opioid production,” said U.S. Attorney for the District of South Dakota Ron Parsons. “This year, at least twelve drug overdose deaths have occurred in Minnehaha County alone. That is twelve deaths too many. I am hopeful the continued and enhanced efforts to curb the availability of these drugs will result in less overdoses.”
Once the aggregate quota is set, DEA allocates individual manufacturing and procurement quotas to those manufacturers that apply for them. DEA may revise a company’s quota at any time during the year if change is warranted due to increased or decreased sales or exports, new manufacturers entering the market, new product development, or product recalls.
When Congress passed the Controlled Substances Act, the quota system was intended to reduce or eliminate diversion from “legitimate channels of trade” by controlling the quantities of the basic ingredients needed for the manufacture of controlled substances.
The Proposed Aggregate Production Quotas for schedule I and II controlled substances published in the Federal Register reflects the total amount of controlled substances necessary to meet the country’s medical, scientific, research, industrial, and export needs for the year and for the establishment and maintenance of reserve stocks. DEA establishes an APQ for more than 250 schedule I and II controlled substances annually.
In 2016, the Centers for Disease Control and Prevention issued guidelines to practitioners recommending a reduction in the prescribing of opioid medications for chronic pain. DEA and its federal partners have increased efforts in the last several years to educate practitioners, pharmacists, manufacturers, distributors, and the public about the dangers associated with the misuse of opioid medications and the importance of proper prescribing.
Department of Justice Acting Associate Attorney General Jesse Panuccio and Ovw Acting Director Katharine Sullivan to Deliver Keynote Remarks at Two-Day Conference on Violence Against Women Tribal ConsultationRead the Press Release
****** MEDIA ADVISORY ******
WASHINGTON - U.S. Department of Justice's Acting Associate Attorney General Jesse Panuccio and Office on Violence Against Women’s (OVW) Acting Director Katharine Sullivan will join federal and tribal officials, including U.S. Attorney Ron Parsons for the District of South Dakota, at the 13th annual Government-to-Government conference to solicit recommendations from tribal leaders on enhancing safety and strengthening federal law enforcement efforts to the crimes of domestic violence, dating violence, sexual assault, stalking and sex trafficking of American Indian and Alaskan Native women, and administering funds and programs for tribal governments established by the Violence Against Women Act (VAWA) and subsequent legislation.
The conference will take place Tuesday and Wednesday, AUGUST 21 and 22, 2018 in Sioux Falls, South Dakota. The U.S. Departments of Justice, Health and Human Services and the Interior, and tribal leaders of federally-recognized Indian Tribes will participate in the two-day event focused on federal administration of tribal funds and programs established under VAWA.Opening remarks, keynote address and traditional ceremony on Tuesday are OPEN PRESS.
WHO:Acting Associate Attorney General Jesse Panuccio, U.S. Department of Justice
Katharine Sullivan, Acting Director, OVW
Ron Parsons, U.S. Attorney, District of South Dakota
Kenya Fairley, Acting Director, Division of Family Violence Prevention and Services, U.S. Department of Health and Human Services
Cmdr. Angela Fallon, Deputy Director, Office of Clinical and Preventive Services, Indian Health Service, U.S. Department of Health and Human Services
Cmdr. Nancy Mautone-Smith, Deputy Director, Health Resources and Services Administration, Office of Women’s Health, U.S. Department of Health and Human Services
WHAT:
Opening Prayer and Traditional Ceremony:
Sherriann Moore, Deputy Director, Tribal Affairs, OVW
Roxanne Sazue, Former Chairwoman, Crow Creek Sioux TribeShawl Ceremony:
Carmen O’Leary, Director, Native Women’s Society of the Great PlainsOpening Remarks and Federal Agency Introductions and Keynote address:
Darla Black, Vice-President, Oglala Sioux Tribe
Katharine Sullivan, Acting Director, OVW
Acting Associate Attorney General Jesse Panuccio, U.S. Department of JusticeWHEN:
Tuesday, August 21, 2018, 8:30 a.m. – 10:00 a.m. CDTWHERE:
Sioux Falls Convention Center
Exhibit Hall 1
1201 Northwest Avenue
Sioux Falls, SD 57104OPEN PRESS
(Camera Preset: 7:30 a.m. CDT // Final access time for print media without gear: 8:15 a.m. CDT // The program begins at 8:30 a.m. CDT)
NOTE: All media must RSVP and present government-issued photo I.D. (i.e., driver’s license) as well as valid media credentials. Media representatives may begin to arrive at 7:00 a.m. RSVPs, and request for one-on-one interviews with speakers should be directed to DOJ spokesperson Nicole Navas Oxman at [email protected] and Jeremy Edwards at [email protected]. Inquiries regarding logistics should be directed to Aleah Parker, Tribal Event Coordinator, Chenega Logistics LLC at (703) 888-6063 or [email protected] and Nikia Johnson, Sr. Communication Specialist, OVW, at [email protected].
Rapid City Man Sentenced for Theft of Federal FundsRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Theft from Program Receiving Federal Funds was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Kevin S. Lewis, age 56, was sentenced on August 14, 2018, to 1 year in federal prison, ordered to pay a $100 special assessment to the Federal Crime Victims Fund, and restitution to Dakota Plains Legal Services.
Dakota Plains Legal Services (DPLS) is a non-profit organization providing legal representation to qualifying individuals in numerous counties in South Dakota. DPLS is a federally funded organization and annually receives over one million dollars of funds in grants from the Legal Services Corporation (LSC), an agency of the United States.
Lewis was charged on September 19, 2017. The charge related to Lewis, while employed as the managing attorney for the Pine Ridge DPLS office, embezzling $24,857.75 rightfully belonging to DPLS and using the money for his own benefit.
U.S. Attorney Ron Parsons stated, “This defendant was placed in a position of public trust. He broke that trust by stealing money from a program intended to serve those in need. This sentence sends a message to others who might think stealing from a federal program is an easy way for some fast cash. Instead, it is a sure-fire way to spend some time in federal prison.”
This case was investigated by the LSC Office of Inspector General. Jeffrey E. Schanz, Inspector General of the LSC, stated, “We hope the prosecution of Kevin Lewis offers a strong deterrent to others contemplating stealing LSC funds that are intended to provide much needed legal services to an underprivileged population. We appreciate the leadership offered by the U.S. Attorney’s Office for the District of South Dakota in prosecuting individuals who steal funds meant to serve the civil legal needs of the poor in our country.”
Assistant U.S. Attorney Benjamin Patterson prosecuted the case. Lewis was immediately turned over to the custody of the U.S. Marshals Service.
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.
Bishop Cottier, age 29, was sentenced on August 14, 2018, to 41 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.
Cottier was indicted by a federal grand jury in November 2017. The charge related to Cottier finding the victim roadside and then sexually abusing her at his home. Prior to Cottier finding the victim, she had been in a car accident and had injured her leg.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Cottier was immediately turned over to the custody of the U.S. Marshals Service.
Two Mission Men Charged in ShootingRead the Press Release
United States Attorney Ron Parsons announced that two Mission, South Dakota, men have been indicted by a federal grand jury for Assault With a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and Using and Carrying a Firearm During and in Relation to a Crime of Violence.
William J. Waukechon, age 19, and Jesse J. Waukechon, age 21, were indicted on June 12, 2018. Jesse Waukechon appeared before U.S. Magistrate Judge Mark A. Moreno on June 19, 2018, and William Waukechon appeared on August 13, 2018. Both pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in federal prison and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on June 3, 2018, William and Jesse Waukechon assaulted an individual with a pistol with intent to do bodily harm and the assault resulted in serious bodily injury.
The charges are merely accusations and William and Jesse are 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. Attorney General Jeff Sessions 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 Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
William Waukechon was remanded to the custody of the U.S. Marshals Service pending trial. Jesse Waukechon was released on bond pending trial. A trial date has been set for October 16, 2018.
Sex Trafficking Operation Results in ArrestsRead the Press Release
PIERRE, S.D. - Attorney General Marty Jackley, United States Attorney Ron Parsons, Pennington County States Attorney Mark Vargo, Rapid City Police Chief Karl Jegeris, and Pennington County Sheriff Kevin Thom announce that the Division of Criminal Investigation, the South Dakota Internet Crimes Against Children (ICAC) Task Force, and Homeland Security Investigations have conducted investigations into sex trafficking in Rapid City.
“Law enforcement has joined together in a cooperative operation that focuses on removing sexual predators from our streets. Our operations continue to protect children and send a message that South Dakota is off-limits to anyone seeking to harm our children,” said Jackley.
The investigation resulted in the following felony arrests for sex crimes:
Robert Bungert, 55, Sturgis, Attempted Enticement of a Minor Using the Internet (18 USC 2422(b))
Zam Mung, 29, Rapid City, Attempted Enticement of a Minor Using the Internet (18 USC 2422(b))
Jeremiah Stertz, 30, Yankton, Attempted Enticement of a Minor Using the Internet (18 USC 2422(b))
Paul Heib, 50, Rapid City, Attempted Enticement of a Minor Using the Internet (18 USC 2422(b))
Connor Harmon, 20, Sturgis, Attempted Enticement of a Minor Using the Internet (18 USC 2422(b))
Adam Myosky, 38, Port Clinton, Ohio, Attempted Enticement of a Minor Using the Internet (18 USC 2422(b))
All these individuals are presumed innocent until such time as proven guilty.
Rapid City Man Sentenced for Receipt of Child PornographyRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Receipt of Child Pornography was sentenced on August 13, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Gordon Bagneschi, age 22, was sentenced to 5 years in federal prison, followed by 5 years of supervised release, ordered to pay a $100 special assessment to the Federal Crime Victims Fund, and restitution in an amount to be determined within 90 days.
Bagneschi was charged on September 19, 2017. The charge relates to Bagneschi receiving over a thousand images containing child pornography via the Internet between December 2016 and September 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 Assault with a Dangerous WeaponRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Rayford Featherman, age 69, was sentenced on August 9, 2018, to time served, 1 year of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Featherman was indicted for the charge by a federal grand jury in February 2014. The charge related to Featherman assaulting two females with a metal bat on September 5, 2013, in Oglala.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Porcupine Man Sentenced for Possession of a Firearm and Ammunition by a Prohibited PersonRead the Press Release
United States Attorney Ron Parsons announced that a Porcupine, South Dakota, man convicted of Possession of a Firearm and Ammunition by a Prohibited Person was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Dre Red Feather, age 26, was sentenced on August 10, 2018, to 60 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.
Red Feather was indicted for the charge by a federal grand jury on August 8, 2017. The charge related to Red Feather discharging a firearm at another male at Pine Ridge on July 30, 2017. Red Feather is prohibited from possessing firearms and ammunition, based on a previous felony conviction for Assault on a Federal Officer in 2012.
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. Attorney General Jeff Sessions 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 Oglala Sioux Tribe Public Safety, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms & Explosives. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Red Feather was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Receipt of Child PornographyRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Receipt of Child Pornography was sentenced on August 10, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Waylen Block, age 45, was sentenced to 20 years in federal prison, followed by 10 years of supervised release, ordered to pay a $100 special assessment to the Federal Crime Victims Fund, and restitution in an amount to be determined within 90 days.
Block was charged on April 18, 2017. The charge related to Block receiving thousands of images containing child pornography via the Internet between April 2016 and September 2016 at Rapid City. Block also produced several images of child pornography and distributed them via the Internet.
The case was investigated by the Internet Crimes Against Children Taskforce. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
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 Resulting in Serious Bodily Injury.
Thaddeus James Grant, age 26, was indicted on July 17, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 10, 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 or about March 4, 2018, Grant assaulted a female victim and said assault resulted in serious bodily injury.
The charge is merely an accusation and Grant 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.
Grant was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
U.S. Attorney Attends OCDETF Conference in Kansas CityRead the Press Release
KANSAS CITY, MO – United States Attorney Ron Parsons attended the Organized Crime Drug Enforcement Task Forces (OCDETF) West Central Regional Conference in Kansas City, Missouri, on August 7-8, 2018. Also in attendance was Assistant U.S. Attorney and Deputy Criminal Chief John E. Haak, who is the OCDETF Coordinator for the District of South Dakota.
The OCDETF Program was established in 1982 to mount a comprehensive attack against organized drug traffickers. Today, the OCDETF Program is the centerpiece of the U.S. Attorney General's drug strategy to reduce the availability of drugs by disrupting and dismantling major drug trafficking organizations and money laundering organizations and related criminal enterprises.
The Program operates nationwide and combines the resources and unique expertise of numerous federal agencies in a coordinated attack against major drug trafficking and money laundering organizations. The OCDETF strategy, under the direction of the Deputy Attorney General, aims to focus federal drug resources on reducing the flow of illicit drugs and drug proceeds by identifying and targeting the major trafficking organizations, eliminating the financial infrastructure of drug organizations by emphasizing financial investigations and asset forfeiture, redirecting federal drug enforcement resources to align them with existing and emerging drug threats, and conducting expanded, nationwide investigations against all the related parts of the targeted organizations.
Maryland Man Sentenced for Aiding and Abetting Aggravated Identity TheftRead the Press Release
United States Attorney Ron Parsons announced that an Upper Marlboro, Maryland, man convicted of Aiding and Abetting Aggravated Identity Theft was sentenced on August 6, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Victor Sasay, a/k/a Victor Sesay, age 38, was sentenced to 24 months in federal prison, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund, and $60,399.47 in restitution along with his 2 other codefendants.
Sasay pleaded guilty to the charge on March 21, 2018. The charge related to Sasay and his codefendants using counterfeit access devices that had been manipulated to include credit card account numbers belonging to hundreds of victims across the Midwest. Sasay and his codefendants used the cards to acquire high dollar credit and gift cards from multiple stores in South Dakota and other locations across the Midwest. As a result of the theft scheme, local credit unions, as well as other FDIC insured banks across the Midwest, incurred approximately $60,000 in financial losses.
This case was investigated by the South Dakota Highway Patrol, the Secret Service, the Department of Homeland Security, Bureau of Immigration and Customs Enforcement, the police departments in Rapid City, Spearfish, and Sturgis, South Dakota, and Wheatland, Douglas, Laramie, Gillette, and Casper, Wyoming. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Sasay was immediately turned over to the custody of the U.S. Marshals Service. Codefendant, Roy Conteh, pleaded guilty on March 21, 2018, and was sentenced to the same terms and conditions on March 22, 2018.
Rapid City Man Sentenced for Fourth Failure to Register as a Sex Offender ConvictionRead 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 August 7, 2018, by U.S. District Judge Roberto A. Lange.
Patrick Black Spotted Horse, age 29, was sentenced to 24 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.
Black Spotted Horse was indicted by a federal grand jury on May 15, 2018. He pled guilty on June 12, 2018.
Black Spotted Horse was convicted of Sexual Abuse of a Minor in March 2010. As a result of this conviction, he is required to register as a sex offender. Between 2013 and 2017, Black Spotted Horse was convicted of Failure to Register as a Sex Offender on three separate occasions. In January 2018, Black Spotted Horse was released from custody and began a period of supervised release. He initially registered and resided at a residence in Rapid City. In March 2018, he moved from his registered address, but did not update his registration. An arrest warrant was subsequently issued and on May 4, 2018, Black Spotted Horse was located at a residence in Norris, South Dakota, and was arrested.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Black Spotted Horse was immediately turned over to the custody of the U.S. Marshals Service.
2018 Indian Country Conference: Offering Hope to Victims in the Spirit of JusticeRead the Press Release
United States Attorney Ron Parsons announced that the 2018 Indian Country Conference: Offering Hope to Victims in the Spirit of Justice, was recently held in Bismarck, ND, on July 19-20, 2018, at the North Dakota Heritage Center.
U.S. Attorney Parsons provided opening remarks, along with officials from the District of North Dakota. The conference offered several speakers on a variety of topics. The range included presentations on Native Sexual Violence Victimology; Communication & Intervention - Knowing What to Say and How to Say It Matters; Building Effective Partnerships in Assisting Victims of Mass Casualty Incidents; and a session on how to avoid burn-out “I’ve Run Out of Fuel…Now What?” There were also several break-out sessions for the participants to choose from and attend.
The case presented for the mass casualty incident was that of Dylan Roof, the mass shooter in the Charleston, SC, church shooting of June 2015. Presenting were an FBI agent and Victim Witness Specialist from Charleston, and Victim Witness Coordinator Marlys Big Eagle from the District of South Dakota, who assisted with the victims during the Roof trial.
The conference was geared towards law enforcement officers, victim service providers, prosecutors, social workers, judges, physicians and other medical professionals, mental health therapists, counselors, educators, court service officers, corrections officers, child care providers, parents, community leaders, and other concerned individuals from the two-state region of North Dakota and South Dakota—especially those dealing with family violence issues in American Indian Communities.
One of the most important goals anyone in criminal justice can strive for is to ensure the victims are heard and respected, and the most important thing that any government does is protect the rights of its citizens.
To that end, the District of South Dakota is breathing new life into initiatives designed to help all communities, including those in Indian country, prosper:
- Emphasis on combatting violent crime harming Indian country;
- Reinvigoration of Project Safe Neighborhood to target the illegal use of firearms;
- Project Safe Childhood, to target sexual predators that would target or harm our children, including those who try to use the Internet to commit their crimes;
- Targeting the drug traffickers who plague our communities, whether in Indian country or elsewhere;
- New efforts to curb the spread of Opioids and related overdoses and deaths;
- Addition of two brand new prosecutor positions, one in Rapid City and one in Pierre, to focus on violent crime and drug trafficking in Indian country;
- Hosting an Indian Country Fellow from the DOJ Honors program, who will devote three years to prosecuting crime both in federal court and in Tribal Court on the Pine Ridge Indian Reservation;
- Suicide prevention – the U.S. Attorney’s office is partnering with Avera Health to hold a conference in Sioux Falls on September 6, 2018, on Addiction and Suicide: Communities in Crisis. The keynote speaker will be former NFL quarterback Ryan Leaf and it will include a panel on the alarming problem of suicide in Tribal communities, with Yvonne “Tiny” DeCory, Patricia Iron Shell-Hill, MD, and J.R. LaPlante.
Conference attendees were provided new tools and resources to continue the commitment and dedication to work for justice for victims of crime.
Sioux Falls Woman Sentenced for Methamphetamine ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on August 6, 2018, by U.S. District Judge Roberto A. Lange.
Buffy Marie Clairmont, a/k/a Buffy Marie Clifford age 44, was sentenced to 28 months in federal prison, followed by 3 years of supervised release, a $500 fine, forfeiture of $227 in U.S. currency, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $100.
Clairmont was indicted by a federal grand jury on October 17, 2017. She pled guilty on May 23, 2018.
Beginning in at least January of 2012 and continuing through May of 2017, Clairmont received distributable quantities of methamphetamine from individuals that knew she intended to engage in further distribution of the methamphetamine. Some of the methamphetamine Clairmont received was distributed in and around the Rosebud Sioux Tribe Reservation and elsewhere in South Dakota. Clairmont admitted that it was reasonably foreseeable that over 50 grams of methamphetamine would be distributed during the course of the conspiracy.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Clairmont was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Illegally Possessing a FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Matthew Dubray, age 36, was sentenced on August 6, 2018, to 14 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.
Dubray was charged on January 24, 2017. The charge related to Dubray, who is prohibited from possessing firearms as he is a previously convicted felon, illegally possessing a Hi-Point, model C9, 9 mm pistol in July 2016 at Rapid City.
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. Attorney General Jeff Sessions 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 South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Dubray was immediately turned over to the custody of the U.S. Marshals Service.
Pierre Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Pierre, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on August 6, 2018, by U.S. District Judge Roberto A. Lange.
William Rivers, age 61, was sentenced to 14 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.
Rivers was indicted by a federal grand jury on February 14, 2018. He pled guilty on May 23, 2018.
Rivers was convicted of Sexual Abuse in June 1992. As a result of this conviction, he is required to register as a sex offender. On December 30, 2017, the Pierre Police Department responded to a report of an assault at the Econo Lodge Motel in Pierre. The responding officers made contact with Rivers, determined he was out of compliance with the Sex Offender Registration and Notification Act, and subsequently arrested him for failure to register as a sex offender.
On January 13, 2018, Rivers was released on bond from the Hughes County Jail in Pierre. On January 22, 2018, Rivers registered as a sex offender with Cheyenne River Sioux Tribe Law Enforcement Services in Eagle Butte, South Dakota. Between January 13, 2018, and January 22, 2018, Rivers was aware that he was required to update his sex offender registration within three business days after each change of residence, employment or student status and, he failed to do so during that time period.
This case was investigated by the U.S. Marshals Service and the Pierre Police Department. Assistant U.S. Attorney Kirk W. Albertson prosecuted the case.
Rivers was immediately turned over to the custody of the U.S. Marshals Service.
North Dakota Man Charged with Possession of a Firearm by a Prohibited PersonRead the Press Release
United States Attorney Ron Parsons announced that a Gwinner, North Dakota, man has been indicted by a federal grand jury for Possession of a Firearm by a Prohibited Person.
Bruce G. Maxwell, age 61, was indicted on June 13, 2018. He appeared before U.S. Magistrate Judge William D. Gerdes on August 2, 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 or about May 23, 2018, Maxwell, who is an unlawful user of, and addicted to a controlled substance, knowingly received and possessed several firearms.
The charge is merely an accusation and Maxwell 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. Attorney General Jeff Sessions 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 Mobridge Police Department, the Campbell County Sheriff’s Office, the Walworth County Sheriff’s Office, the Northern Plains Safe Trails Drug Enforcement Task Force, and the Bureau of Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Maxwell was released on bond pending trial. A trial date has not been set.
Eagle Butte Woman Charged with Larceny and Failure to AppearRead 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 Larceny and Failure to Appear.
Angel Taylor, age 32, was indicted on August 16, 2017, for the Larceny charge, and June 12, 2018, for the Failure to appear charge. She appeared before U.S. Magistrate Judge Veronica Duffy on August 2, 2018, and pled not guilty to the Indictments.
The maximum penalty upon conviction for each offense 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 for the larceny charge alleges that Taylor unlawfully took, with the intent to steal and purloin, the personal property of an individual that is valued at more than $1,000.
The Indictment for the Failure to Appear charge alleges that Taylor, who was required to appear before U.S. Magistrate Judge Mark Moreno for the larceny charge, did knowingly fail to do so.
The charges are merely accusations and Taylor is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services and the U.S. Marshals Service. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Taylor 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 Possession and Distribution of a Controlled Substance and Possession of a FirearmRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, 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 August 6, 2018, by U.S. District Judge Roberto A. Lange.
Shaun Chayne Condon, age 33, was sentenced to 24 months in federal prison, followed by 3 years of supervised release, forfeiture of a 9mm Smith and Wesson pistol, $2,306 in United States currency, and a special assessment to the Federal Crime Victims Fund in the amount of $200.
Condon was indicted by a federal grand jury on February 14, 2018. He pled guilty on May 22, 2018.
The conviction stemmed from an incident that occurred on May 25, 2017, when Condon knowingly and intentionally possessed with intent to distribute marijuana, a Schedule I controlled substance, in South Dakota. Found in Condon’s possession during the execution of a search warrant, was $2,306 in U.S. currency and a pistol. Condon being an unlawful user of, and addicted to a controlled substance, makes 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. Attorney General Jeff Sessions 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 Cheyenne River Sioux Tribe and the Bureau of Alcohol, Tobacco, Firearms & Explosives. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Condon was immediately turned over to the custody of the U.S. Marshals Service.
California Man Indicted for Bank Fraud ChargesRead the Press Release
United States Attorney Ron Parsons announced that a North Hollywood, California, man has been indicted by a federal grand jury for Bank Fraud.
Jude Cooper, age 30, was indicted on January 17, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 6, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 30 years in federal prison and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on August 24, 2015, August 25, 2015, and August 27, 2015, Cooper submitted forged wired transfer requests to BankWest Inc., and requested that the funds be wired from a BankWest Inc. account to a Wells Fargo account.
The charges are merely accusations and Cooper is presumed innocent until and unless proven guilty.
The investigation is being conducted by the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Cooper was released on bond pending trial. A trial date has not been set.
Sioux Falls Man Sentenced to 30 Years for Distribution and Receipt of Child PornographyRead the Press Release
United States Attorney Ron Parsons announced that U.S. District Judge Karen E. Schreier sentenced a Sioux Falls, South Dakota, man convicted of distribution and receipt of child pornography on August 2, 2018.
Jason Jorgenson, age 33, was sentenced to 30 years in federal prison, followed by 10 years of supervised release, ordered to pay $100 to the Federal Crime Victims Fund, and forfeit his cell phone.
Jorgenson was indicted for possession, distribution, and receipt of child pornography by a federal grand jury on May 9, 2017. He pled guilty on April 2, 2018.
Jorgenson is a repeat felon. Before the commission of these particular crimes, he had been released from prison in September 2016 after serving a four-year prison sentence for a previous child exploitation felony conviction. In December of 2016 and January 2017, the National Center for Missing and Exploited Children (NCMEC) generated two cyber-tips about child pornography being distributed from Jorgenson's residence in Sioux Falls. An investigation of Jorgenson by Homeland Security Investigations led to the discovery of multiple internet accounts he was using to receive and distribute digital files of child pornography, often using false names to try to hide his identity.
This case was investigated by the Homeland Security Investigations of the Department of Homeland Security and the South Dakota Internet Crimes Against Children Task Force. Assistant U.S. Attorney Jeff Clapper prosecuted the case.
Jorgenson was immediately turned over to the custody of the U.S. Marshals Service.