District of South Dakota
Press releases recorded for this federal judicial district.
Kyle Man Found Guilty of Assault on a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that Ramone McBride, age 20, was found guilty of Assault on a Federal Officer following a federal trial in Rapid City, South Dakota.
The charge carries a maximum sentence of 8 years in federal prison, and/or a $250,000 fine, followed by 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Evidence at trial established McBride assaulted a law enforcement officer employed by the Oglala Sioux Tribe Department of Public Safety on September 4, 2017, by punching and tasing him with a taser.
This case was investigated by the Oglala Sioux Tribe Department of Public Safety and the Federal Bureau of Investigation. Assistant U.S. Attorney Megan Poppen prosecuted and tried the case.
A sentencing date was set for October 3, 2018. McBride was remanded to the custody of the U.S. Marshals Service pending sentencing.
Eagle Butte Man Charged with Failure to AppearRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Failure to Appear and Contempt.
Brady One Feather, age 30, was indicted on June 12, 2018. He appeared before U.S. Magistrate Judge Veronica L. Duffy on June 28, 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 or about May 17, 2018, One Feather knowingly failed to appear for a scheduled hearing in district court which he was summoned and required to appear.
The charges are merely accusations and One Feather is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Jay Miller is prosecuting the case.
One Feather was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
St. Francis Woman Sentenced for Escape from CustodyRead the Press Release
United States Attorney Ron Parsons announced that a St. Francis, South Dakota, woman convicted of Escape from Custody was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Aprielle Poitra, age 22, was sentenced on June 25, 2018, to 2 months in federal prison and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
The charge related to Poitra escaping from the custody of the Bureau of Prisons at the Community Education Centers, previously known as Community Alternatives of the Black Hills, where she was in custody on December 19, 2017.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Poitra was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced for Failure to RegisterRead the Press Release
United States Attorney Ron Parsons announced that a Sioux Falls, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on June 27, 2018, by U.S. District Judge Roberto A. Lange.
Michael Lovejoy, Jr., age 35, was sentenced to 16 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.
Lovejoy was indicted by a federal grand jury on February 14, 2018. He pled guilty on April 30, 2018.
Between May 23, 2017, and September 17, 2017, Lovejoy, a person required to register under the Sex Offender Registration and Notification Act, and sex offender by reason of a conviction under state law, did not register as a sex offender or update his sex offender registration to reflect his new address.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Jay Miller prosecuted the case.
Lovejoy was immediately turned over to the custody of the U.S. Marshals Service.
Pierre Man Charged with Being a Felon in Possession of a FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Pierre, South Dakota, man has been indicted by a federal grand jury for being a Felon in Possession of a Firearm.
Michael Schmidt, age 43, was indicted on June 12, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 26, 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 January 31, 2018, Schmidt, having been convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly possessed and received a .22 long rifle and a 12 gauge shotgun, which both had been shipped and transported in interstate and foreign commerce.
The charge is merely an accusation and Schmidt 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 Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Lyman County Sheriff’s Office, and the U.S. Forest Service. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Schmidt was released on bond pending trial, which has been set for August 21, 2018.
Minnesota Man Sentenced for Criminal ContemptRead the Press Release
United States Attorney Ron Parsons announced that a Moorehead, Minnesota, man convicted of Criminal Contempt pled guilty and was sentenced on June 26, 2018, by U.S. Magistrate Judge William D. Gerdes.
Jack Moore, age 30, was sentenced to time served equal to 2 days in custody and a special assessment to the Federal Crime Victims Fund in the amount of $10.
Moore was indicted by a federal grand jury on January 17, 2018. The conviction stemmed from an incident that occurred in December 2017, wherein Moore, who had been subpoenaed to testify as a witness in a federal criminal trial, failed to appear at the U.S. Courthouse in Aberdeen, South Dakota.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Lower Brule Man Charged with Drug Charges and Possession of a FirearmRead 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 Conspiracy to Distribute a Controlled Substance, Possession with Intent to Distribute a Controlled Substance, and Possession of a Firearm by a Prohibited Person.
Thomas James Eagle Thunder, age 21, was indicted on June 12, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 26, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in federal prison and/or a $750,000 fine, up to 9 years of supervised release, and up to $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that commencing on or about August 1, 2017, Eagle Thunder knowingly and intentionally combined, conspired, confederated, and agreed with others to distribute and to possess with intent to distribute marijuana, which is a Schedule I controlled substance. Eagle Thunder, on or about February 15, 2018, knowingly and intentionally possessed with intent to distribute marijuana. Lastly, the Indictment also alleges that Eagle Thunder, being an unlawful user of, and addicted to a controlled substance, knowingly received and possessed several firearms, which had been shipped and transported in interstate and foreign commerce.
The charges are merely accusations and Eagle Thunder 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.
Eagle Thunder was released on bond pending trial which has been set for August 21, 2018.
Fort Thompson Man Sentenced for AssaultRead the Press Release
United States Attorney Ron Parsons announced that a Fort Thompson, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on June 25, 2018, by U.S. District Judge Roberto A. Lange.
Casey World Turner, age 30, was sentenced to 6 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.
World Turner was indicted by a federal grand jury on February 14, 2018. He pled guilty on April 10, 2018.
The conviction stems from an incident on January 19, 2018, when an officer with the BIA Law Enforcement was dispatched to a residence in Fort Thompson. The officer observed World Turner walking up the porch of his mother’s residence, and he called out to World Turner to come speak with him.
After refusing the officer’s request, World Turner removed his jacket, assumed a bladed stance with both fists raised, and stared at the officer. The officer grabbed World Turner by the wrist and attempted to secure him in wrist restraints. World Turner began pulling away from the officer, while simultaneously pushing him with his other arm. The defendant continued to wrestle and resist until another officer arrived and helped subdue World Turner.
This case was investigated by the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
World Turner was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Woman Sentenced for Methamphetamine ChargesRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, woman convicted of Conspiracy to Distribute Methamphetamine, was sentenced on June 27, 2018, by U.S. District Judge Roberto A. Lange.
Cherae Runs After, age 23, was sentenced to 120 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.
Runs After was indicted by a federal grand jury on November 9, 2016. She pled guilty on April 19, 2018.
On or about August 1, 2015, and continuing through November 9, 2016, Runs After knowingly and intentionally combined, conspired, confederated and agreed with others to distribute and possess with the intent to distribute 500 grams or more of methamphetamine on the Cheyenne River Indian Reservation.
Runs After met Alfredo Chavez-Mendoza in Utah through her family. Chavez-Mendoza told Runs After that he wanted to come to South Dakota in order to make money selling methamphetamine. However, he did not know anybody in South Dakota, and more specifically, on the Cheyenne River Indian Reservation who either used, or distributed, methamphetamine. He asked Runs After to introduce him to drug dealers in the Eagle Butte area.
Runs After introduced Chavez-Mendoza to Kristina Lofton, Stephanie Lofton, and Robert "Blue" Lofton for the purpose of linking him with locals who could sell methamphetamine supplied by Chavez-Mendoza. Chavez-Mendoza worked together with the Lofton family to distribute methamphetamine on Cheyenne River.
In addition to being the party that introduced Chavez-Mendoza to the Cheyenne River area, Runs After also distributed methamphetamine for him. Runs After owed Chavez-Mendoza several thousand dollars for previous fronts of methamphetamine he made to her.
Alfredo Chavez-Mendoza, Christina Lofton, Stephanie Lofton, Robert Lofton, Tyler and Ashley Peterson, Roy Antrim, Braxtyn Garreau, and Charlie Marshall have all previously been convicted for their involvement in this narcotics trafficking conspiracy.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, the Federal Bureau of Investigation, and Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Runs After was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Sentenced for Sexual Abuse of a MinorRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man convicted of Sexual Abuse of a Minor was sentenced on June 25, 2018, by U.S. District Judge Roberto A. Lange.
Matthew Peneaux, a/k/a Matthew Swalley, age 34, was sentenced to 37 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. Restitution may also be ordered.
Peneaux was indicted by a federal grand jury on October 24, 2017. He pled guilty on April 11, 2018.
The conviction stemmed from events that occurred in 2015 and 2016. Between March 28, 2015, and April 30, 2016, Peneaux repeatedly engaged in sexual intercourse with a girl who was between 12 and 13 years old. Peneaux was aware that the victim was under the age of 16 and therefore unable to consent to any sexual activity with him.
This case was investigated by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Peneaux was ordered to report to the custody of the U.S. Marshals Service on June 26, 2018.
Rapid City Man Sentenced to Sixty Years in Prison for Attempted Sexual Exploitation of MinorsRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted on two counts of Attempted Sexual Exploitation of a Minor was sentenced on June 18, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Chance Garrett Williams, age 38, was sentenced to 30 years in prison on each count, to run consecutively, for a total sentence of 60 years in prison, followed by lifetime supervised release, and ordered to pay a $200 special assessment to the Federal Crime Victims Fund.
Williams was charged on June 20, 2017. The conviction stems from Williams’ molestation and production of child pornography of multiple children, one starting when she was approximately 4-5 years old.
“This defendant committed unimaginably horrendous crimes against these brave young children,” said U.S. Attorney Parsons. “As they grow up and try to build lives for themselves, they will at least be secure with the knowledge that the person who did this to them is locked up in a federal prison where he surely belongs.”
The case was investigated by the Internet Crimes Against Children Taskforce. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Midland Woman Charged with Conspiracy and Possession of AmmunitionRead the Press Release
United States Attorney Ron Parsons announced that a Midland, South Dakota, woman has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance and Possession of Ammunition by a Prohibited Person.
Angelica Dolloff, age 30, was indicted on June 12, 2018. She appeared before U.S. Magistrate Judge Mark A. Moreno on June 19, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in federal prison and/or a $10,250,000 fine, up to life of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about June 1, 2013, and continuing through June 12, 2018, Dolloff knowingly and intentionally combined, conspired, confederated, and agreed with others to distribute 500 grams or more of methamphetamine. The Indictment also alleges that Dolloff, who is an unlawful user of, and addicted to a controlled substance, knowingly received and possessed ammunition, which had been shipped and transported in interstate commerce and foreign commerce.
The charges are merely accusations and Dolloff 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. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Dolloff was released on bond pending trial. A trial date has not been set.
Martin Man Sentenced for Assault by Striking, Beating, and WoundingRead the Press Release
United States Attorney Ron Parsons announced that a Martin, South Dakota, man convicted of Assault by Striking, Beating, and Wounding was sentenced by Daneta Wollmann, U.S. Magistrate Judge.
Jeremy Takes War Bonnett, age 31, was sentenced on June 18, 2018, to 12 months in federal prison, and ordered to pay a $25 special assessment to the Federal Crime Victims Fund.
Takes War Bonnett was indicted for the charge by a federal grand jury in November 2015. The conviction stems from Takes War Bonnett stabbing another individual.
This case was investigated by the Martin Police Department, the Bureau of Indian Affairs, Office of Justice Services, and the Federal Bureau of Investigation. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Takes War Bonnett was immediately turned over to the custody of the U.S. Marshals Service.
Lower Brule Man Charged with Burglary and 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 Second Degree Burglary, and Assaulting, Resisting, and Impeding a Federal Officer.
Jade LaRoche, age 38, was indicted on June 12, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 15, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 35 years in federal prison and/or a $500,000 fine, up to 6 years of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on April 24, 2018, LaRoche broke into an occupied residence. The Indictment also alleges that on May 17, 2018, while in tribal custody, LaRoche assaulted, resisted, opposed, impeded, intimidated, and interfered with a correctional officer. The correctional officer was engaged in the performance of his official duties, and said conduct involved bodily injury to the officer.
The charges are merely accusations and LaRoche 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.
LaRoche was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Deputy Attorney General Recognizes South Dakota Prosecutor for Superior Performance in Indian CountryRead the Press Release
WASHINGTON – Timothy M. Maher, Supervisory Assistant United States Attorney for the District of South Dakota, was one of 58 individuals or group prosecution teams or administrative teams recognized at the Department of Justice by Deputy Attorney General Rod Rosenstein, and Executive Office for U.S. Attorneys (EOUSA) Director James Crowell, IV at the 34th Director’s Awards Ceremony in Washington D.C. on June 15, 2018.
The District of South Dakota was one of 35 districts represented at the ceremony, which was held in the Great Hall at the Robert F. Kennedy Department of Justice Building.
In addressing the award recipients and guests, Deputy Attorney General Rod Rosenstein said, “Today’s honorees earned the esteem of their colleagues. But most importantly, they earned the gratitude of our fellow citizens — the people whose communities you made safer, whose lives you improved, and whose trust you rewarded. Today, we pause to honor and recognize a small portion of your work.”
Maher has been the Supervisor in the Pierre branch of the U.S. Attorney’s office since March 2015. He has been an AUSA since the Fall of 2008. Throughout, he has provided exceptional contributions to the Department of Justice’s efforts in Indian country, in his case handling, his leadership, training conducted, and in his outreach to our tribal partners.
As branch supervisor, Maher currently leads a team of six prosecutors and four support staff covering the Central third of the State. The majority of the case load consists of the prosecution of offenses involving murder, manslaughter, aggravated sexual abuse, felony assault, burglary, robbery and other offenses occurring on the Rosebud Sioux Indian Reservation, the Cheyenne River Indian Reservation, the Crow Creek Indian Reservation, the Lower Brule Indian Reservation, and the Standing Rock Indian Reservation. The remainder of the caseload consists of cases involving illegal narcotics, firearms, wildlife offenses, fraud, and sex offender noncompliance. In 2016, there were 566 Indian country defendants charged (including juveniles) in the District of South Dakota, and Maher oversaw about 64 percent of the District’s Indian country work.
From 2008 to 2015, as a line AUSA, Maher prosecuted a wide variety of murders, manslaughters, child pornography, child sexual abuse, assaults upon law enforcement officers, and firearm offenses. Where needed, he defended those convictions on appeal. During his time as a line prosecutor, he conducted numerous meetings involving child abuse multi-disciplinary teams, proper sexual abuse response team procedures, domestic violence protocols, and supported the Department's efforts to pursue predators who use the internet to sexually offend. A former state prosecutor and Hughes County State’s Attorney from 2004 to 2008, Maher helped conduct evaluations of tribal court systems and other prosecutor offices. Over the years, Maher has routinely instructed law enforcement officers on search and seizure, report writing, photography, criminal law, criminal procedure, and has helped secure hundreds of search warrants involving tribal communities.
“The Department of Justice has chosen wisely in honoring our friend and colleague Tim Maher with this prestigious national award,” said U.S. Attorney Parsons. “Tim has spent his career building relationships and working together with our Tribal government partners every day to help keep their communities safe. We could not be more proud of him.”
EOUSA provides oversight, general executive assistance, and direction to the 94 United States Attorneys’ offices around the country. For more information on EOUSA and its mission, visit http://www.justice.gov/usao.
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Opioid Crisis Update:Read the Press Release
SIOUX FALLS, SD – In the ongoing coordinated law enforcement effort to combat the opioid crisis in South Dakota, United States Attorney Ron Parsons announces that two more individuals have been indicted by a federal grand jury and made their initial appearances before federal magistrate judge Veronica L. Duffy on heroin- and fentanyl-related charges.
Andy Ontiveros, age 38, of South Gate, California, was indicted by a federal grand jury for possession with intent to distribute heroin and fentanyl. Ontiveros was found to be in possession of several pounds of heroin and fentanyl by the Minnehaha County Sheriff’s Office and South Dakota Highway Patrol. This is believed to be the largest seizure of both heroin and powdered fentanyl in South Dakota history.
In addition, Corrod Phillips, age 26, of Chicago, Illinois, was indicted by a federal grand jury for possession with intent to distribute heroin. Phillips was arrested by Sioux Falls Area Drug Task Force members in possession of several grams of heroin.
Both men appeared before Judge Duffy in federal district court in Sioux Falls on June 15, 2018. Phillips was returned to the custody of the Minnehaha County Sheriff, and Ontiveros was placed into the custody of the U.S. Marshals. If convicted, Phillips faces a maximum of twenty years in federal prison; Ontiveros faces a mandatory period of 10 years in federal prison and a maximum of life.
The U.S. Attorney’s Office is working closely with the Sioux Falls Area Drug Task Force, Minnehaha County Sheriff’s Office, Sioux Falls Police Department, South Dakota Highway Patrol, South Dakota Division of Criminal Investigation, the Drug Enforcement Administration, and our other federal, state and local law enforcement partners to investigate and prosecute these cases.
“Our local law enforcement partners deserve all of the credit for these investigations and arrests,” said U.S. Attorney Parsons. “They have taken a tremendous amount of these deadly drugs off of the street – enough to kill thousands of people. We owe a debt of gratitude to these dedicated teams of law enforcement professionals who are working hard every day to save lives by keeping this poison out of our communities.”
The charges are merely accusations and these defendants are presumed innocent until and unless proven guilty.
U.S. Attorney’s Office Participates in Sioux Falls PRIDE FestivalRead the Press Release
SIOUX FALLS, SD – The U.S. Attorney’s Office for the District of South Dakota participated in this year’s Sioux Falls PRIDE Festival on Saturday, June 16, 2018, as part of its ongoing effort to increase awareness of the various civil rights protections available to South Dakotans under federal statute.
The U.S. Department of Justice enforces a number of laws that prohibit various forms of discrimination in areas covering employment, education, housing, police practices, and other Department-funded programs. Although these laws do not explicitly refer to sexual orientation or gender identity, they prohibit sex discrimination, which protects all people from gender-based discrimination.
If you believe you have been discriminated against, or that your civil rights have been violated, please contact the Civil Rights Section of the U.S. Attorney’s Office by calling (605) 330-4400, or by sending an email to [email protected].
The U.S. Department of Justice also enforces the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009, which makes it a federal crime to willfully cause bodily injury, or attempt to do so using a dangerous weapon, because of the victim’s actual or perceived sexual orientation, gender identity, or disability. To report evidence of a hate crime, please contact your local Federal Bureau of Investigation field office, which can be found at http://www.fbi.gov/contact-us/field/field-offices.
St. Francis Woman Indicted for Assault with a Dangerous Weapon and Child AbuseRead the Press Release
United States Attorney Ron Parsons announced that a St. Francis, South Dakota, woman has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Child Abuse.
Tara Red Kettle, a/k/a Tera Red Kettle, age 20, was indicted on June 12, 2018. She appeared before U.S. Magistrate Judge Mark A. Moreno on June 18, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in 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 Indictment alleges that on April 6, 2018, Red Kettle abused, exposed, tortured, tormented, and cruelly punished a child who had not attained the age of seven years old.
The charges are merely accusations and Red Kettle is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Red Kettle was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Nebraska Man Sentenced for Felon in Possession of a FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Columbus, Nebraska, man convicted of Felon in Possession of a Firearm was sentenced on June 14, 2018, by U.S. District Judge Roberto A. Lange.
Tyson Quigley, a/k/a Tyson Stands, age 29, was sentenced to 35 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.
Quigley was indicted by a federal grand jury on October 17, 2017. He pled guilty on March 7, 2018.
The conviction stemmed from an incident that occurred on August 31, 2017, in St. Francis, South Dakota, when law enforcement responded to a call that Quigley was in possession of a sawed-off shot gun and was threatening to shoot people. When law enforcement located the vehicle that Quigley was reportedly in, Quigley exited the passenger side of the vehicle and ran away. Law enforcement caught up to Quigley and placed him under arrest. Quigley subsequently admitted that the sawed-off shotgun was his.
Due to the fact that the firearm’s barrel is less than 18 inches long, it is required to be registered in the National Firearm Registration and Transfer Record. Records indicate that the firearm is not registered.
Quigley was convicted of Domestic Assault Involving a Pregnant Woman (felony) in Platte County, Nebraska, in 2013, making it illegal for him to possess firearms. Quigley will forfeit ownership of the firearm seized in this case to the United States.
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 Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Quigley was immediately turned over to the custody of the U.S. Marshals Service.
Message from U.S. Attorney Ron Parsons for World Elder Abuse Awareness DayRead the Press Release
June 15, 2018, is World Elder Abuse Awareness Day. Communities around the world are focusing on the abuse, fraud, neglect, and schemes perpetrated against older individuals. As South Dakota’s United States Attorney, I take very seriously the role of our office in protecting older South Dakotans.
In 2017, Congress passed the Elder Abuse Prevention and Prosecution Act. Among other things, this law enabled the Attorney General of the United States to allocate resources to federal investigations and prosecutions of crimes against older Americans.
In the District of South Dakota, I have designated Kevin Koliner, an experienced prosecutor, to serve as my office’s Elder Justice Coordinator. Kevin is responsible for prosecuting elder abuse cases, coordinating with state and tribal partners, and conducting public outreach and awareness activities relating to elder abuse. On a national level, the Department of Justice has convened a large working group to ensure that federal law enforcement stays ahead of the criminals, with access to current trends and information necessary to fulfill our duty of protecting older Americans.
Our focused efforts have already seen results. Here in South Dakota, our office has prosecuted a large-scale wire fraud case in which an older South Dakotan was targeted in a scam that involved gaining access to his investment account, then forging check requests to deplete the funds. In a separate case involving thousands of elderly victims, three co-defendants were recently sentenced to considerable time in federal prison after a decades-long scheme in which they peddled a supposed cure-all medical device, enticing vulnerable customers with false claims of scientific studies.
My office is also proud to partner with state and tribal law enforcement on these issues, working together to determine the best forum for ensuring justice for victims of these crimes. For instance, some matters are best pursued federally because they involve fraud on federal programs or they require interstate or international investigations. Other elder abuse cases might be best pursued by state authorities, perhaps if they are more local in nature, such as crimes perpetrated by direct caregivers or family members.
This partnership model has been a great success. Nationwide, the Department of Justice in partnerships between U.S. Attorneys, federal, state, and tribal law enforcement agencies, state attorney generals, and state prosecutors have over the past year brought elder abuse cases involving over 250 defendants, $600 million in victim losses, and involving over one million victims from every state.
As we mark World Elder Abuse Awareness Day, I want to share with you some practical advice regarding warning signs of potential elder abuse.
Examples of financial exploitation include:
- Use of ATM or credit cards without permission
- Forging signatures on checks or important documents
- Requests to older adults for money to cover “emergency” expenses
- Pressure to grant power of attorney rights
- Unauthorized sales, such as family heirlooms
Signs that your loved one might be a victim of financial exploitation:
- Sudden changes in banking practices
- Being accompanied to important appointments by unknown person
- Adding new names on bank signature cards
- Sudden changes in wills or other important documents
- Unexplained disappearance of funds or possessions
- Substandard personal care
- Unpaid bills when financials resources should be adequate
- Sudden appearance of previously uninvolved relatives
Steps to protect yourself:
- Check financial statements regularly (at least monthly)
- Store important documents in a locked drawer
- Talk to your bank about age-friendly banking options
- Contact an attorney with any legal questions, and be assured you understand their advice before proceeding
- Visit ftc.gov every year to get free credit reports, then review those reports thoroughly
For more information about the Department of Justice’s efforts to prevent and combat elder abuse, please visit the Elder Justice Website at elderjustice.gov. There is also a victim connect hotline, 1-855-4VICTIM (1-855-484-2846), where you can receive service referrals by senior services specialists. Finally, if you believe you or your loved one is a victim of physical or sexual abuse, do not hesitate to contact local police immediately.
South Dakota Man Sentenced for Threats to InjureRead the Press Release
United States Attorney Ron Parsons announced that a South Dakota man convicted of Interstate Communications with Threat to Injure was sentenced on June 11, 2018, by U.S. District Judge Roberto A. Lange.
Graham Garnos, age 41, was sentenced to time served (37 months), 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Garnos was indicted by a federal grand jury on March 4, 2015. He pled guilty on March 19, 2018.
In 2007, Garnos was arrested on felony drug charges. Over the last few years, Garnos has called, left voicemail messages, sent e-mails, and posted things on Facebook and YouTube, all discussing his hostility towards the arresting officer.
On February 22, 2015, Garnos called the cell phone of the wife of the arresting officer, who did not answer. Garnos left a long voicemail to the victim, where he was threatening to kill the victim and her husband.
This case was investigated by the Federal Bureau of Investigation and the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Eagle Butte Woman Sentenced for AssaultRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, woman convicted of Assault Resulting in Serious Bodily Injury was sentenced on June 11, 2018, by U.S. District Judge Roberto A. Lange.
Lynsi Bad Warrior, age 34, was sentenced to 34 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.
Bad Warrior was indicted by a federal grand jury on July 18, 2017. She pled guilty on March 19, 2018.
The conviction stemmed from an incident on April 7, 2017, when Bad Warrior was drinking. Bad Warrior heard that a certain individual was at the tree line behind the Lakota Thrifty Mart in Eagle Butte. Bad Warrior caught a ride to the tree line to look for that individual. When Bad Warrior found the individual, she assaulted them. Bad Warrior punched the victim approximately 16 times, and also kicked and stomped on their head and throughout their body approximately 14 times, while the victim laid on the ground defenseless. Bad Warrior was wearing shoes at the time. A video was made of the assault and posted on You Tube. Law enforcement was called and two officers from the Cheyenne River Sioux Tribe Law Enforcement Services responded. When they arrived on scene, they found the victim laying on the ground unconscious, and an ambulance was requested. The victim began having seizures prior to the ambulance arriving. The victim was transported by ambulance to the Indian Health Services Emergency Room.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Bad Warrior was immediately turned over to the custody of the U.S. Marshals Service.
Court Orders Former Postmaster to Pay $353,441.42 for Defrauding the United States Postal ServiceRead the Press Release
A man from Arlington, South Dakota, has been ordered to pay $353,441.42 to the United States for defrauding the United States Postal Service. As postmaster from 2010 until 2015, Craig Christeson devised a scheme whereby he falsely certified receipt of spoiled postage meter strips, printed and cashed money orders, then kept the money. On June 27, 2016, Christeson pleaded guilty to Theft of Government Funds, 8 U.S.C. § 641, and was ordered to pay restitution in the amount of $8,970.71 (United States v. Craig John Christeson, CR 15-40117-1).
The U.S. Attorney’s Office then brought a civil action pursuant to the False Claims Act (FCA), 31 U.S.C. § 3729(a)(1), the Government's primary litigation tool in combating fraud. The FCA imposes significant civil penalties on persons and companies who knowingly submit false claims to obtain federal funds. Persons who submit a false claim must pay to the United States a civil penalty between $5,500 and $11,000 for each false claim, plus three times the amount of damages the government sustained. Pursuant to the FCA, the Court has ordered Christeson to pay a civil judgment of $353,441.42 to the United States. As a basis for that holding, District Judge Karen E. Schreier noted that the fraud was intentional, and that it continued over multiple years. Criminal restitution, penalties, and debts obtained by fraud are not dischargeable in bankruptcy. 11 U.S.C. § 523.
The U.S. Attorney’s Office places a high priority on criminal and civil enforcement in cases involving all types of fraud committed against the government, and works with various law enforcement agencies to identify and investigate these matters. “Crime does not pay,” said U.S. Attorney Ron Parsons. “This case should serve notice that we are going to come after anyone who steals from the United States government with every tool we have.”
The investigation was conducted by the U.S. Postal Service, Office of Inspector General. Assistant U.S. Attorneys Ann M. Hoffman and Cheryl Schrempp DuPris prosecuted the criminal and civil cases respectively.
Swiftbird Man Charged with AssaultRead the Press Release
United States Attorney Ron Parsons announced that a Swiftbird, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse, Assault with a Dangerous Weapon, Assault by Strangulation and Suffocation, Assault Resulting in Serious Bodily Injury, and Assault Resulting in Substantial Bodily Injury to an Intimate Partner.
Raven Different Horse, age 27, was indicted on May 22, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 7, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in federal prison and/or a $250,000 fine, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on January 23, 2018, Different Horse assaulted his intimate partner sexually, with a dangerous weapon, and by suffocation, which caused serious bodily injury.
The charges are merely accusations and Different Horse is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Service. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Different Horse was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
McLaughlin Man Charged with Murder-First Degree and Felony Child Abuse and NeglectRead the Press Release
United States Attorney Ron Parsons announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury for Murder-First Degree, Felony Child Abuse-Aggravated Battery of an Infant, and Felony Child Abuse and Neglect.
Kenneth William Chase, age 31, was indicted on May 22, 2018. He appeared before U.S. Magistrate Judge William D. Gerdes on June 4, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is life in federal prison, a $250,000 fine, 3 years of supervised release, an additional mandatory special assessment of $5,000, and $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
According to the Indictment, Chase committed first degree murder upon a minor victim, in the perpetration and attempted perpetration of child abuse, by inflicting traumatic head injuries to the minor victim.
The charges are merely accusations and Chase is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.
Chase was ordered detained pending trial. A trial date has been set for August.
McLaughlin Man Charged with Assault of a Federal OfficerRead 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.
Austin Rain Folson, age 19, was indicted on May 22, 2018. He appeared before U.S. Magistrate Judge William D. Gerdes on June 4, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 20 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
According to the Indictment, Folson committed assault when, on or about the 14th day of March, 2018, Folson forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with a federal officer while the officer was engaged in the performance of his official duties. The Indictment alleges that Folson’s assault resulted in the officer sustaining an injury.
The charges are merely an accusation and Folson 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.
Folson was ordered detained pending trial. A trial date has been set for August.
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 June 11, 2018, by U.S. District Judge Roberto A. Lange.
Tristan Patterson, a/k/a Tristan Johnson, age 20, was sentenced to 20 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.
Patterson was indicted by a federal grand jury on September 12, 2017. He pled guilty on March 21, 2018.
The conviction stemmed from an incident on July 29, 2017, when Patterson was being booked into the Lower Brule Correctional Facility following a tribal arrest. Patterson was non-compliant with the booking process. As he was escorted to a holding cell and his wrist restraints were removed, Patterson stood up and began to wrestle with correctional staff. A restraint chair was brought in and he was ordered to sit in the chair.
Patterson resisted and began to tense up his arms in an attempt to avoid being restrained. He also attempted having his legs restrained by kicking his legs out and up. In the course of resisting, Patterson struck one of the correctional officers on the side of the face with his foot, knocking his glasses up. Then Patterson began to spit towards the correctional officers and was placed in a spit mask. No injuries were noted, though one of the correctional officer’s watch was broken in the struggle.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Patterson was immediately turned over to the custody of the U.S. Marshals Service.
Attorney General Sessions Announces 311 New Assistant United States Attorney PositionsRead the Press Release
SIOUX FALLS, SD – Attorney General Jeff Sessions and U.S. Attorney for the District of South Dakota Ron Parsons announced that the Department of Justice is taking a dramatic step to increase resources to combat violent crime, enforce our immigration laws, and help roll back the devastating opioid crisis. The official announcement was made on June 4, 2018, the 500th day of the Trump Administration.
In the largest increase in decades, the Department of Justice is allocating 311 new Assistant United States Attorneys to assist in priority areas. Those allocations are as follows: 190 violent crime prosecutors, 86 civil enforcement prosecutors, and 35 additional immigration prosecutors. Many of the civil enforcement AUSA’s will support the newly created Prescription Interdiction & Litigation Task Force which targets the opioid crisis at every level of the distribution system.
“Under President Trump's strong leadership, the Department of Justice is going on offense against violent crime, illegal immigration, and the opioid crisis—and today we are sending in reinforcements,” said Attorney General Jeff Sessions. “We have a saying in my office that a new federal prosecutor is 'the coin of the realm.' When we can eliminate wasteful spending, one of my first questions to my staff is if we can deploy more prosecutors to where they are needed. I have personally worked to re-purpose existing funds to support this critical mission, and as a former federal prosecutor myself, my expectations could not be higher. These exceptional and talented prosecutors are key leaders in our crime fighting partnership. This addition of new Assistant U.S. Attorney positions represents the largest increase in decades.”
In the District of South Dakota, one of these additional AUSAs will focus on violent crime and one on civil enforcement of laws regulating the use and distribution of prescription opioids. In addition to these newly created positions, the District of South Dakota has already added two AUSAs to its Pierre office this year who will focus on prosecuting crimes committed in Indian Country, and is in the process of hiring an AUSA for its Rapid City office to prosecute drug crime.
“We are grateful to the Administration for this demonstrated commitment to reducing violence, drug trafficking, and overdose deaths,” said U.S. Attorney Parsons. “Under the leadership of Attorney General Sessions, we are working as hard as we can every day to help make every community in South Dakota a safer place to live.”
White River Man Indicted for Aggravated Sexual Abuse of a ChildRead the Press Release
United States Attorney Ron Parsons announced that a White River, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child.
Roy Brushbreaker, III, age 24, was indicted on May 15, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 6, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in federal prison and/or a $250,000 fine, 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 January 28, 2017, Brushbreaker knowingly engaged in, and attempted to engage in, a sexual act with a minor female.
The charge is merely an accusation and Brushbreaker is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Brushbreaker was released on bond pending trial. A trial date has not been set.
Pine Ridge Man Sentenced for Assault on a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a Pine Ridge, South Dakota, man convicted of Assault on a Federal Officer was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Franklin Long Black Cat, age 24, was sentenced on June 1, 2018, to 2 years in federal prison, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Long Black Cat was indicted for the charge by a federal grand jury in December 2017. The charge related to Long Black Cat punching a tribal corrections officer in the cheek with his fist on October 23, 2017.
This case was investigated by the Oglala Sioux Tribe Department of Public Safety and the Federal Bureau of Investigation. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Long Black Cat was immediately turned over to the custody of the U.S. Marshals Service.
Manderson Man Sentenced for Abusive Sexual ContactRead the Press Release
United States Attorney Ron Parsons announced that a Manderson, South Dakota, man convicted of Abusive Sexual Contact was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Edward Red Feather, age 32, was sentenced on June 5, 2018, to 2 years and 7 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.
The conviction stems from Red Feather engaging in sexual contact with a female while she was passed out in November 2017, at Manderson.
This case was investigated by the Oglala Sioux Tribe Department of Public Safety and the Bureau of Indian Affairs. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Red Feather was immediately turned over to the custody of the U.S. Marshals Service.
California Man Sentenced to 30 Months for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that U.S. District Judge Karen E. Schreier sentenced a Ventura, California, man convicted of Failure to Register as a Sex Offender on June 4, 2018.
Tom Steven Blanco, age 34, was sentenced to 30 months in federal prison, followed by supervised release for the remainder of life, and ordered to pay $100 to the Federal Crime Victims Fund.
Blanco was indicted for failure to register as a sex offender by a federal grand jury on November 7, 2017. He pled guilty on March 7, 2018.
Blanco was convicted of felony sexual battery in California in 2000. The conviction required him to register as a sex offender for at least 25 years and up to life (excluding any time he is in custody). Blanco last registered as a sex offender in California in May 2017. Someone notified the Ventura County California sex offender registration office that Blanco was living at a residence in Sioux Falls, South Dakota. On September 12, 2017, the Sioux Falls Police Department located Blanco at the Sioux Falls Library, downtown branch location. The Sioux Falls Police Department learned that Blanco began residing in Sioux Falls on July 22, 2017. He was forced to leave that residence on September 1st, after a disagreement.
This case was investigated by the Sioux Falls Police Department, and the U.S. Marshals Service. Assistant U.S. Attorney Jeff Clapper prosecuted the case.
Blanco was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Charged 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.
Joseph Blue Bird, age 31, was indicted on February 14, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 4, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Blue Bird was convicted of Abusive Sexual Contact in February 2014. As a result of this conviction, he is required to register as a sex offender. It is alleged that between December 10, 2017, and February 13, 2018, Blue Bird, 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 Blue Bird is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Blue Bird was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Martin Man Sentenced for Accessory After the Fact and Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Ron Parsons announced that a Martin, South Dakota, man convicted of Accessory After the Fact (Murder) and Conspiracy to Distribute a Controlled Substance, was sentenced on May 24, 2018, by Chief Judge, Jeffrey L. Viken, U.S. District Court.
Scott Edison Benson, age 31, was sentenced to 10 years in federal custody, to run consecutive with a second federal sentence of 8 1/3 years, followed by 4 years of supervised release, and ordered to pay a $200 special assessment to the Federal Crime Victims Fund.
Benson previously pleaded guilty to Accessory After the Fact, on January 19, 2018. On the same day, in an unrelated matter, Benson also pleaded guilty to Conspiracy to Distribute a Controlled Substance.
On May 27, 2017, Benson and two other males drove to meet Christopher E. Janis near Sharps Corner. While Benson was arranging a purchase of prescription pills with Janis, one of the other males with Benson appeared at the driver-door window by Janis. Benson witnessed the male shoot Janis, and saw the second male take the handgun and shoot him several additional times. Christopher E. Janis died from the multiple gunshot wounds. Benson ran back to his vehicle and drove away with the two males. The firearm used by the men in the shooting belonged to Benson. At no time after Benson witnessed the men shoot Janis did he make any attempt to render aid or contact law enforcement. The two men with Benson have been indicted and their cases are currently pending.
Benson was also part of a conspiracy to distribute methamphetamine from January 2016 through approximately May 30, 2017, around the Pine Ridge Reservation, particularly in the Martin, Allen, and Kyle areas. He distributed to others for consumption at least 350, but less than 500 grams, of methamphetamine.
Drug trafficking is an inherently violent activity. Firearms are tools of the trade for drug dealers. It is common to find drug traffickers armed with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. 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 two cases were investigated by the Federal Bureau of Investigation, Northern Plains Safe Trails Task Force, Bureau of Indian Affairs Office of Justice Services, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Oglala Sioux Tribe Department of Public Safety, South Dakota Division of Criminal Investigations, and the Rapid City Police Department. Assistant U.S. Attorney Kathryn N. Rich prosecuted both cases.
Benson was immediately turned over to the custody of the U.S. Marshals Service.
Wounded Knee Man Found Guilty of Assaulting Another Man with a Golf ClubRead the Press Release
United States Attorney Ron Parsons announced that Virgil Left Hand, Sr., age 51, was found guilty of Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury following a federal trial in Rapid City, South Dakota.
The charges each carry a maximum penalty of 10 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.
Evidence at trial established Left Hand assaulted another man with a golf club at Wounded Knee on September 23, 2017. This assault resulted in the victim suffering a depressed skull fracture that required emergency surgery to repair.
This case was investigated by the Oglala Sioux Tribe Department of Public Safety and the Federal Bureau of Investigation. Assistant U.S. Attorney Megan Poppen prosecuted and tried the case.
A sentencing date was set for September 18, 2018. Left Hand was remanded to the custody of the U.S. Marshals Service pending sentencing.
Rosebud Man Sentenced for Simple AssaultRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man charged with Simple Assault was sentenced on May 25, 2018, by U.S. Magistrate Judge Mark A. Moreno.
Daniel Knoll, age 35, was sentenced to 15 days in custody, $160 in restitution, and a special assessment to the Federal Crime Victims Fund in the amount of $10.
Knoll was charged by criminal complaint on May 23, 2018. He pled guilty on May 25, 2018.
The conviction stemmed from an incident that occurred on May 22, 2018, wherein Knoll assaulted his girlfriend at her residence in Rosebud by pushing her down. He then went outside the residence and broke a window on her vehicle, causing approximately $160 in damage to the vehicle. Knoll was subsequently arrested by the Rosebud Sioux Tribe Law Enforcement Services.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Knoll was immediately turned over to the custody of the U.S. Marshals Service.
Hot Springs Man Sentenced to Twenty Years for Attempted Enticement of Minor Using InternetRead the Press Release
United States Attorney Ron Parsons announced that a Hot Springs, South Dakota, man convicted of Attempted Enticement of a Minor Using the Internet was sentenced on May 25, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.
James Sides, age 32, was sentenced to 20 years of imprisonment and 20 years of supervised release and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Sides was charged on March 21, 2017. The charge relates to Sides communicating with someone he believed to be the father of a 14 year-old girl, who was in fact an undercover agent, and attempting to arrange a meeting in order to engage in sexual contact with the minor.
The case was investigated by the Internet Crimes Against Children Taskforce. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Four Years in Federal Prison for Corson County Man Convicted of Domestic Assault by an Habitual Offender and Tampering with VictimRead the Press Release
United States Attorney Ron Parsons announced today that a Corson County, SD, man was sentenced to 47 months of imprisonment and 3 years of supervised release by U.S. District Judge Roberto A. Lange. Alexander James Oka was sentenced to federal prison following his convictions by a federal jury in Aberdeen, SD, for Domestic Assault by an Habitual Offender and for Tampering with a Victim. Oka also served four additional months in tribal custody.
According to court documents and evidence produced at trial, on July 5, 2017, Oka unlawfully committed a domestic assault upon the victim, when at the time of the domestic assault, Oka had a final conviction of 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. During this assault, Oka smacked the victim’s head and then kicked the victim in the back while she was not looking and while she was feeding the baby she shares with Oka. The kick caused the victim significant pain and bodily injury. After being arrested for the assault, Oka sent a letter from jail to the victim instructing her not to cooperate and not to show-up for court proceedings. Oka had been previously convicted in multiple cases of domestic abuse. These prior convictions took place in tribal and federal court.
The investigation was conducted by the Bureau of Indian Affairs-Office of Justice Services. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.
Oka was immediately remanded to custody to continue serving his sentence.
Eagle Butte Woman Sentenced on Methamphetamine ChargesRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, woman convicted of Distribution of a Controlled Substance (methamphetamine) was sentenced on May 22, 2018, by U.S. District Judge Roberto A. Lange.
Misti Traversie, age 37, was sentenced to 3 months in custody, 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Traversie was indicted by a federal grand jury on November 14, 2017. She pled guilty on March 8, 2018.
Traversie admitted to distributing methamphetamine to another individual for money on August 24, 2016, in Eagle Butte, South Dakota. Traversie further admitted she 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.
Traversie 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 an Unregistered Firearm was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Danial Sporrer, age 42, was sentenced on May 22, 2018, to 30 months of imprisonment, followed by 3 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Sporrer was charged on February 23, 2017. The charge related to Sporrer illegally possessing a slam-fire weapon, described as a metal cylindrical device comprised of two sections which accepted conventional .410 caliber ammunition, in Rapid City on February 13, 2017.
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 Bureau of Alcohol, Tobacco, Firearms & Explosives, and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
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.
Daniel Pacheco, age 35, was sentenced on May 22, 2018, to 4 years of imprisonment, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Pacheco was charged on April 21, 2017. The charge related to Pacheco, a previously convicted felon, illegally being in possession of a Jennings, Model J-22, .22 caliber pistol in Rapid City on April 19, 2017.
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 Bureau of Alcohol, Tobacco, Firearms & Explosives, and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Pine Ridge Man Sentenced for Accessory to Second Degree MurderRead the Press Release
United States Attorney Ron Parsons announced that a Pine Ridge, South Dakota, man convicted of Accessory to Second Degree Murder was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Fred Quiver, a/k/a Fred Brings Plenty, age 32, was sentenced on May 21, 2018, to 15 years in federal prison, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Quiver was indicted for the charge by a federal grand jury in January 2016. The charge related to Quiver covering up the homicide of Emily Bluebird and hiding her body to prevent his and his co-defendant’s apprehension, trial, and punishment.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, and the Federal Bureau of Investigation. Assistant U.S. Attorneys Megan Poppen and Kathryn Rich prosecuted the case.
Quiver was immediately turned over to the custody of the U.S. Marshals Service.
Caputa Man Sentenced for Illegally Possessing a SilencerRead the Press Release
United States Attorney Ron Parsons announced that a Caputa, South Dakota, man convicted of Possession of an Unregistered Firearm was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Mason Hamm, age 21, was sentenced on May 22, 2018, to 8 months of imprisonment, followed by 3 years of supervised release, ordered to pay a $100 special assessment to the Federal Crime Victims Fund, and to perform 100 hours of community service.
Hamm was charged on December 21, 2016. The charge related to Hamm illegally being in possession of a Lane, LLC, model Scorpion Magnum, .30 caliber silencer. The silencer was attached to a .308 rifle. Hamm illegally baited and killed a mountain lion at night using the silenced .308 rifle while trespassing on private property.
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 Department of Game, Fish, and Parks, and the Bureau of Alcohol, Tobacco, Firearms & Explosives. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
St. Francis Man Indicted for Burglary and LarcenyRead the Press Release
United States Attorney Ron Parsons announced that a St. Francis, South Dakota, man has been indicted by a federal grand jury for First Degree Burglary and Larceny.
Joseph Abraham Mack, a/k/a Joseph Mack, Jr., age 25, was indicted on March 13, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 23, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 25 years in prison and/or a $250,000 fine, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on January 14, 2018, Mack unlawfully entered the victim’s residence. The Indictment further alleges that Mack stole a pickup truck and belt buckle from the same victim.
The charges are merely accusations and Mack 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.
Mack was released on bond pending trial. A trial date has not been set.
Rosebud Man Charged with Failure to Appear and EscapeRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Failure to Appear and Escape from Custody.
Anthony One Star, Jr., a/k/a Tony One Star, age 30, was indicted on May 15, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 23, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction for each count is up to 5 years in prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
One Star was previously indicted for Assaulting, Resisting and Impeding a Federal Officer. On November 1, 2017, he pled guilty to that charge and was ordered detained in the custody of the U.S. Marshals Service pending sentencing. The Indictment alleges that on March 23, 2018, One Star, who had been released from custody to attend a treatment program, failed to return to custody as ordered. The Indictment further alleges that on April 2, 2018, One Star failed to appear for his scheduled sentencing hearing.
The charges are merely accusations and One Star is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
One Star was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rapid City Man Charged with 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.
Bradley Makes Room For Them, age 33, was indicted on May 15, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 23, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody 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 Aggravated Sexual Abuse in September 2003. As a result of this conviction, he is required to register as a sex offender. It is alleged that between April 6, 2018, and April 28, 2018, 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 Kirk Albertson 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.
Rapid City Man Charged with 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.
Patrick Black Spotted Horse, age 28, was indicted on May 15, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 23, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in 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.
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. It is alleged that between March 11, 2018, and May 3, 2018, Black Spotted Horse, 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 Black Spotted Horse is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Black Spotted Horse was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Two Eagle Butte Men Charged with Possession of a Controlled Substance and FirearmRead 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 Possession with Intent to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person.
Terry Dillabaugh, age 68, and Frederick Dillabaugh, age 56, were indicted on May 15, 2018. Terry appeared before U.S. Magistrate Judge Mark A. Moreno on May 17, 2018, and Frederick appeared before U.S. Magistrate Judge Mark A. Moreno on May 18, 2018. They both pled not guilty to the Indictment.
For Terry, the maximum penalty upon conviction is up to 50 years in custody and/or a $5,250,000 fine, 7 years of supervised release, and $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
For Frederick, the maximum penalty upon conviction is up to 40 years in custody and/or a $5,000,000 fine, at least 4 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on February 13, 2018, Terry and Frederick knowingly and intentionally possessed with intent to distribute 50 grams or more of methamphetamine, which is a Schedule II controlled substance.
The Indictment also alleges that on the same date, Terry, being an unlawful user of, and addicted to a controlled substance, knowingly received and possessed a firearm, which had been shipped and transported in interstate commerce and foreign commerce.
The charges are merely accusations and Terry and Frederick 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 Cheyenne River Sioux Tribe Law Enforcement Services, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Both defendants were released on bond pending trial. A trial date has not been set.
Soldier Creek Man Sentenced for Sexual Abuse of a MinorRead the Press Release
United States Attorney Ron Parsons announced that a Soldier Creek, South Dakota, man convicted of Sexual Abuse of a Minor was sentenced on May 22, 2018, by U.S. District Judge Roberto A. Lange.
Rylan Alton Joel Black Lance, age 23, was sentenced to 34 months in prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100
Black Lance was indicted by a federal grand jury on November 14, 2017. He pled guilty on March 7, 2018.
The conviction stemmed from an incident that occurred on August 5, 2017. On that date, Black Lance invited a 15-year-old girl to his residence in Soldier Creek, provided her alcohol and marijuana, and engaged in sexual intercourse with her. Black Lance was aware that the victim was under the age of 16, and therefore unable to consent to any sexual activity with him.
This case was investigated by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Black Lance was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced to 55 Months on Firearms ChargesRead 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 Possession of Firearms by a Prohibited Person and Possession of a Stolen Firearm, on May 9, 2018.
Dennis Eugene Cockerham, age 46, was sentenced to 55 months in custody, followed by 3 years of supervised release, and ordered to pay $200 to the Federal Crime Victims Fund, and to forfeit property.
Cockerham was indicted for possession of firearms by prohibited person, conspiracy to distribute a controlled substance, and possession of a stolen firearm by a federal grand jury on July 6, 2017. He pled guilty on February 21, 2018.
Cockerham has previously been convicted of a crime punishable by imprisonment for a term exceeding one year. In 2005, he was convicted in federal court of being a felon in possession of a firearm.
On August 25, 2016, members of the Sioux Falls Area Drug Task Force, pulled Cockerham over in his vehicle. They found a loaded pistol under the driver's seat and glass pipes in Cockerham’s pocket and another in his vehicle; both field-tested positive for meth. A subsequent search of Cockerham’s residence led police to find another handgun, along with drug paraphernalia.
Cockerham later admitted being in possession of a stolen gun on October 16, 2016. The gun was one of many that had been stolen during the burglary of a Larchwood residence in June 2016.
This case was investigated by the Sioux Falls Police Department, the Osceola County, Iowa, Sheriff's Office, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Jeff Clapper prosecuted the case.
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.
Cockerham was ordered to report to the U.S. Bureau of Prisons in June.