District of South Dakota
Press releases recorded for this federal judicial district.
Randel Probst Receives Award for Exemplary Service in Support of Project Safe NeighborhoodsRead the Press Release
Rapid City, SD – United States Attorney Ron Parsons announced that Randel Probst, retired special agent with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), has received the U.S. Attorney’s Award for Exemplary Service to Project Safe Neighborhoods, one of the cornerstones of the Department of Justice’s ongoing fight against violent crime.
Probst was presented with the award during a ceremony at the U.S. Attorney’s office in Rapid City on May 18, 2018, as part of National Police Week.
Probst distinguished himself with exemplary service to our Nation during approximately 30 years of investigations and prosecutions of violent offenders and others who committed crimes involving guns. His career spanned from 1987 to December 2017. Probst worked for ATF in Hawaii, Oregon, Nevada, and South Dakota. During his career, he examined more than 1,000 firearms and ammunition to determine the manufacturer, model, caliber/gauge, serial number, place of manufacture, function and design, and status related to the National Firearms Act.
“As a special agent with the ATF, Randy Probst had critical knowledge and expertise regarding illegally possessed firearms that are too often used to commit crimes, safeguard illegal drugs, and harm South Dakotans,” said U.S. Attorney Parsons. “Probst was always a consummate professional and team player, lending his expertise to our prosecutors and helping to develop strategies for the successful interdiction of guns that have fallen into the hands of criminals. For all of this, he has our enduring gratitude and respect.”
In presenting the award, Parsons stressed that Probst has provided valuable support of the Department’s Project Safe Neighborhoods mission. Probst regularly helped agents in central and western South Dakota, and lawyers in the U.S. Attorney’s Office, determine interstate nexus, determine the functionality of seized firearms, and analyzed silencers, sawed-off shotguns, or machine guns. Additionally, he would drive to rural communities, including Indian country, to retrieve firearms for analysis. He provided both formal and informal training to law enforcement officers on a variety of topics related to firearms and ammunition. He had a “can do” attitude and regularly lent his expertise to DOJ work, which moved numerous firearms cases forward over the past years. Though he is missed, Probst has come back since retirement to complete his work on some existing cases.
Project Safe Neighborhoods is an area of enhanced focus for the Department of Justice and this administration. PSN is a nationwide commitment to reduce gun crime in America by networking with existing local programs that target gun crime, and providing those programs with additional tools to fit the specific gun crime problems in each area. The goal is to create safer neighborhoods by reducing gun violence and sustaining that reduction. Since its inception in 2001, funds have been used to hire new federal and state prosecutors, support investigators, provide training, distribute gun lock safety kits, deter juvenile gun crime, and develop and promote community outreach efforts as well as to support other gun and gang reduction strategies.
For more information on PSN efforts, please visit: https://www.atf.gov/firearms/project-safe-neighborhoods-psn
Lower Brule Man Sentenced on Firearms ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on May 14, 2018, by U.S. District Judge Roberto A. Lange.
Lyle Wade Whitney, age 45, was sentenced to 15 months in custody, followed by 2 years of supervised release, forfeiture of firearms and ammunition, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Whitney was indicted by a federal grand jury on April 16, 2017. He pleaded guilty on February 5, 2018.
On May 16 and May 17, 2017, law enforcement executed search warrants on Whitney’s residence and property in Lower Brule, and seized 17 firearms, two of which had been stolen, a large amount of ammunition, and drug paraphernalia testing positive for methamphetamine, a Schedule II controlled substance. A urine sample taken from Whitney tested positive for marijuana and methamphetamine, and Whitney admitted to using methamphetamine on more than one occasion. Defendant agreed to forfeit his interest in all of the firearms and ammunition seized by law enforcement.
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 Indian Affairs Crow Creek Agency, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Whitney was immediately turned over to the custody of the U.S. Marshals Service.
Interstate Methamphetamine Dealer Sentenced to 30 Years in Federal PrisonRead the Press Release
Sioux Falls, SD – United States Attorney Ron Parsons announces that Justin Morales, a/k/a “Speedy,” age 36, of Wichita, Kansas, who was convicted of conspiracy to distribute 500 grams or more of methamphetamine, was sentenced to 30 years in federal prison on May 18, 2018, by U.S. District Court Judge Karen E. Schreier.
Morales’s three decades in prison will be followed by 10 years of supervised release. He was also ordered to pay $100 to the Federal Crime Victim’s Fund.
“This is an appropriate sentence for this repeat offender and committed drug dealer,” said U.S. Attorney Parsons. “Those who conspire to sell illegal drugs like methamphetamine and lethal opioids are inflicting tremendous suffering and death on our communities. They will be held accountable by the Department of Justice.”
Federal law enforcement officials learned that Morales was selling methamphetamine in early 2016. During a controlled purchase for five ounces of methamphetamine between Morales and a cooperating witness, Morales was recorded telling the cooperator that he and others sold methamphetamine in several South Dakota cities, and at least one Indian reservation within the state. Morales said that his plan was to get a house in Sioux Falls that could be used exclusively to store methamphetamine for distribution. In September 2016, the cooperator met with Morales again, and Morales was recorded telling the cooperator he was preparing to ship 20 pounds of methamphetamine to Sioux Falls, and that he had rented a small house on the west side of Sioux Falls to store the methamphetamine. That same day, law enforcement was able to recover three pounds of marijuana, two pounds of methamphetamine, and a semi-automatic pistol that was connected to Morales and his co-conspirators, Chase Guzman and Daniel Guzman. All three men were arrested in Sioux Falls.
Morales and both Guzmans were indicted by a federal grand jury in November 2016. Both Chase Guzman and Daniel Guzman pleaded guilty. Chase Guzman was sentenced to 15 years in federal prison and Daniel Guzman was sentenced to 10 years in federal prison. Morales was found guilty by a federal jury in Sioux Falls on February 7, 2018.
This is Morales’s second felony drug conviction. He has many other arrests and convictions in a criminal career spanning nearly 24 years, including a domestic battery charge that is still pending in Wichita.
Drug trafficking is an inherently violent activity. It is common to find drug traffickers armed to the teeth with guns in order to protect their illegal drug product and cash, and enforce their illegal operations.
Methamphetamine is a stimulant drug. Meth users typically smoke, snort, or inject it with a needle, often directly into their bloodstream. It causes users to become euphoric and highly energized and agitated, sometimes staying awake for several days at a time. This high is followed by a tremendous crash that can lead to days of sleeping. Methamphetamine is extremely addictive, and many users report feeling hooked after one use. Much of the violence, as well as burglaries and other property crimes, occurring in South Dakota has a direct connection to methamphetamine dealers and users.
The methamphetamine that is present in South Dakota is extremely potent and high in purity — almost 100% pure in most cases. Drug Enforcement Agency (DEA) experts say that this indicates that the methamphetamine was manufactured in criminal laboratories in Mexico and transported across the southern border of the United States. This methamphetamine is produced and controlled by drug cartels. Because this methamphetamine is so plentiful, it is incredibly cheap for drug dealers to buy it in bulk and break it up for distribution.
The majority of drug prosecutions in federal court in South Dakota are for methamphetamine. In the past month, in addition to the sentences announced today, three more federal criminal defendants in Sioux Falls received prison sentences of 10 years, 10 years, and 25 years, respectively, for their participation in large-scale methamphetamine conspiracies. These individuals were part of three separate drug distribution operations and each defendant was involved in distributing over one pound of methamphetamine in the Sioux Falls area. Each pound of methamphetamine provides over 1,000 doses (illegal uses) for typical methamphetamine users.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Sioux Falls Police Department; Sioux Falls Area Drug Task Force; and the South Dakota Highway Patrol. Deputy Criminal Chief John E. Haak of the U.S. Attorney’s Office prosecuted the case.
Morales has been in custody since his arrest, and was returned to the custody of the U.S. Marshals Service following the sentencing.
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.
Scam Targeting Local ResidentsRead the Press Release
United States Attorney Ron Parsons reported today that local law enforcement authorities have been receiving reports of residents being targeted in a telephonic and email scam in the Rapid City area.
Unsuspecting citizens have been receiving telephone calls and emails from persons claiming to be a police officer, clerk of courts personnel, and even a fictitious judge. The calls and emails claim the citizen was supposed to report for jury duty in federal or state court, and failed to report as directed. The citizen is being told by the bogus caller that they must send money to a specified account or person in order to avoid being arrested.
U.S. Attorney Parsons wants citizens to know the claims being made in these calls and emails are totally false and, if contacted, citizens should not send money to anyone as instructed in the fraudulent call.
If you feel you have been a target of this scam you should immediately contact the Rapid City Police Department at 605.394.4131 or the United States Marshal’s Service in Rapid City at 605.342-6331.
Lawrence County Man Sentenced for Prohibited Person in Possession of a FirearmRead the Press Release
United States Attorney Ronald A. Parsons, Jr. announced that a Lead, South Dakota, man convicted of Prohibited Person in Possession of a Firearm was sentenced on May 15, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.
AJ Bradshaw, age 31, was sentenced to 96 months in custody, followed by 3 years of supervised release and $100 special assessment to the Federal Crime Victims Fund.
Bradshaw was indicted for Possession of Unregistered Firearms, Prohibited Person in Possession of Firearm, Prohibited Possession of Explosives, and Possession with Intent to Distribute a Controlled Substance by a federal grand jury on September 12, 2017. He pled guilty to Count II on January 5, 2018.
On August 26, 2017, the Lawrence County Sheriff’s Office conducted a traffic stop on a vehicle operated by Bradshaw. Inside the vehicle, law enforcement found numerous firearms, methamphetamine, marijuana, $12,400 cash, and other drug paraphernalia. Law enforcement further searched the defendant’s residence and seized additional firearms, drugs and drug paraphernalia. A total of 41 firearms were seized.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives Taskforce, South Dakota Division of Criminal Investigations, Rapid City Police Department, Lawrence County Sheriff’s Office, and Butte County Sheriff’s Office. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Bradshaw was immediately turned over to the custody of the U.S. Marshals Service.
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.
Eagle Butte Man Sentenced for AssaultRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man charged with Simple Assault pled guilty and was sentenced on May 17, 2018, by U.S. Magistrate Judge Mark A. Moreno.
Sven Dyda, age 38, was sentenced to time served (30 days) in custody, and ordered to pay $10 to the Federal Crime Victims Fund.
The conviction stems from an incident that took place on September 2, 2017, when an officer with the Cheyenne River Sioux Tribe Law Enforcement Services was dispatched to a possible domestic violence situation in Eagle Butte. The officer responded and observed three individuals standing outside the residence. One was a white male, later identified as Dyda. The other two were Native American females, including the victim, standing away from Dyda.
The officer approached the residence and spoke with the victim, who advised she had been hit and shoved to the ground by Dyda when attempting to intervene between Dyda and the other female as they were arguing, and Dyda committed simple assault in the process.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Meghan N. Dilges.
Dupree Man Charged with Drug ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Dupree, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance and Possession with Intent to Distribute a Controlled Substance.
Waylon Young Bird, age 49, was indicted on May 15, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 17, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $11,000,000 fine, 8 years of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that beginning on or about January 1, 2016, Young Bird 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, which is a Schedule II controlled substance. The Indictment also alleged that on or about March 9, 2018, Young Bird knowingly and intentionally possessed with the intent to distribute a detectable amount of methamphetamine.
The charges are merely accusations and Young Bird 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 Meghan N. Dilges is prosecuting the case.
Young Bird was released on bond pending trial which has not been set.
Wisconsin Man Sentenced for Sexual Abuse of MinorsRead the Press Release
United States Attorney Ron Parsons announced that a Milwaukee, Wisconsin, man convicted of Aggravated Sexual Abuse of a Child and Abusive Sexual Contact of a Child, was sentenced on May 14, 2018, by U.S. District Judge Charles B. Kornmann.
Dashown Raymond Keys, age 26, was sentenced to 540 months (45 years) in custody, lifetime of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $600, resulting from a jury trial conviction on December 7, 2017.
Keys was indicted by a federal grand jury on April 13, 2016.
Following a 3-day federal jury trial held December 5, 2017, through December 7, 2017, in Aberdeen, South Dakota, Keys was found guilty of four counts of Aggravated Sexual Abuse of a Child, and two counts of Abusive Sexual Contact of a Child.
The convictions stem from incidents between November 1, 2013, and January 1, 2016. Keys repeatedly sexually abused two young girls, both under the age of 12 at the time of the assaults, while Keys was staying at the home of one of the victims. Keys moved to South Dakota from Wisconsin to stay with extended family. While Keys was primarily and repeatedly sexually abusing the daughter of the family he was staying with, he also sexually abused another child. The two victims were friends who would have sleep overs from time to time. During these sleep overs, Keys would sexually abuse his primary victim’s friend. The sexual abuse ended when Keys moved back to Wisconsin. Three days after his departure, the primary victim of his abuse came forward and reported the abuse to her mother. The primary victim indicated that Keys had threatened to harm members of the family if the sexual abuse was disclosed.
“The United States Attorney’s Office remains committed to protecting these most vulnerable victims of society,” said U.S. Attorney Ron Parsons. “I applaud the bravery displayed by these two young victims in coming forward and facing their abuser in a court of law. This was not an easy process for them, and I hope this significant sentence imposed against this vicious criminal helps them in their healing process going forward.”
This case was investigated by the Federal Bureau of Investigation and the Sisseton-Wahpeton Tribal Police Department. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Keys was immediately turned over to the custody of the U.S. Marshals Service.
Thank You to Our Heroes in BlueRead the Press Release
When I was sworn in as U.S. Attorney, the first order I was given by U.S. Attorney General Jeff Sessions was to back our women and men in blue. The Department of Justice is committed to supporting law enforcement officers and celebrating the noble, essential, and challenging work they do.
One of the Attorney General’s favorite topics is a recent survey about what kids want to be when they grow up. According to the survey, “police officer” used to be the number 10 dream job for kids under the age of 12. Now, it is number three overall – and for boys it is number one.
That’s probably the best possible news we could have: more and more of our young people want to wear the badge.
The most important thing that any government does is protect the safety and rights of its citizens. Everything else depends on that.
That is the daily calling of police officers. Whenever something goes wrong or anyone is in distress, they are the ones who answer the call. They are the thin blue line standing in the breach between safety and lawlessness. They keep the peace, protect us from danger, and uphold the rule of law. We must never forget how fortunate we are that there are men and women who willingly dedicate their lives to this mission.
In 1962, President Kennedy proclaimed May 15 as National Peace Officers Memorial Day and the surrounding week as National Police Week. Each year at this time, we pay special recognition to those officers who have lost their lives in the line of duty for the safety and protection of others.
Since 1791, more than 22,000 law enforcement officers have made the ultimate sacrifice. At least 69 line of duty deaths have happened here in South Dakota since Territorial days. In terms of loss of life, no law enforcement entity in the State has sacrificed more than the Rapid City Police Department. Eight Rapid City officers have been killed in the line of duty.
The first occurred in 1885, when Rapid City Town Marshal Billy Wilson was shot and killed by three cowboys who had come to town. Rapid City had an ordinance prohibiting the carrying of weapons inside city limits. When Marshal Wilson attempted to disarm the men inside the Horse Market Saloon, they opened fire, leaving him dead for simply upholding his duty to enforce the law.
Our most recent tragedy, one that still resonates throughout the community, occurred on the afternoon of August 2, 2011. Officers Nick Armstrong and Ryan McCandless were responding to a call about four suspects on the corner of East Anamosa and Greenbriar Streets. One of the suspects pulled out a concealed handgun and opened fire. Tragically, Officers Armstrong and McCandless received fatal wounds. A third, Officer Tim Doyle, also was shot but thankfully survived and is still on the beat today.
It is fitting and right that we join together to honor our fallen heroes and pay our respect to their loved ones. Any loss of life is one too many. But it is encouraging that the number of officers killed in the line of duty nationally declined last year to its second lowest level in more than half a century.
We celebrate the contributions of police officers, recognizing their hard work and dedication in keeping our communities safe. The women and men of law enforcement – whether federal, state, local, or tribal – should never doubt that they have our deepest admiration and gratitude.
This week, and every week, let us remember to thank the Blue.
Red Scaffold Man Sentenced for AssaultRead the Press Release
United States Attorney Ron Parsons announced that a Red Scaffold, South Dakota, man convicted of Assault Resulting in Substantial Bodily Injury to an Intimate Partner was sentenced on May 14, 2018, by U.S. District Judge Roberto A. Lange.
Tyrell Chasing Hawk, age 32, was sentenced to 7 months in custody, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Chasing Hawk was indicted by a federal grand jury on August 16, 2017. He pled guilty on February 5, 2018.
The conviction stemmed from an incident on May 9, 2017, when Chasing Hawk assaulted his intimate partner by pulling on her hair and repeatedly punching her in the face.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Chasing Hawk was immediately turned over to the custody of the U.S. Marshals Service.
McLaughlin Man Sentenced for Sexual Contact and AssaultRead the Press Release
United States Attorney Ron Parsons announced that a McLaughlin, South Dakota, man convicted of Abusive Sexual Contact by Force and Assault Resulting in Serious Bodily Injury was sentenced on May 14, 2018, by U.S. District Judge Charles B. Kornmann.
Jeremy Agard, age 36, was sentenced to 235 months in custody, followed by 10 years of supervised release, restitution in the amount of $13,697, and a special assessment to the Federal Crime Victims Fund in the amount of $200.
Agard was indicted by a federal grand jury on March 15, 2017. He pled guilty on December 4, 2017.
The conviction stems from an incident on the evening of October 15, 2016, when the victim and Agard were in Agard’s trailer socializing. At some point in the evening, Agard asked the victim to have sex with him, but the victim told him no. Agard got mad and repeatedly struck the victim about the face and body, causing the victim to lose consciousness. When the victim regained consciousness, she was naked on the floor of Agard’s home. Agard, noticing she was awake, begin to assault the victim again, throwing her out of his residence completely unclothed. The victim ran to a neighbor’s house and law enforcement and an ambulance were summonsed. The victim was taken to the Mobridge hospital, where staff noted she was suffering from head injuries, including facial fractures and internal hemorrhaging. Injuries consistent with a sexual assault were also noted.
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Agard was immediately turned over to the custody of the U.S. Marshals Service.
Lower Brule Woman Sentenced for AssaultRead the Press Release
United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, woman charged with Assaulting, Resisting, and Impeding a Federal Officer pled guilty and was sentenced on May 16, 2018, by U.S. Magistrate Judge Mark A. Moreno.
Candace Byington, age 37, was sentenced to 4 months in custody and $25 to the Federal Crime Victims Fund.
The conviction stems from an incident that took place on April 27, 2017, when Byington was brought into the Lower Brule Tribal jail following her tribal arrest for a probation violation, disorderly conduct, disturbing the peace, and resisting arrest. Upon arrival at the facility, Byington was searched, per department policy. A correctional officer conducted the search. At several points during the search, Byington would turn her body away, and physically resisted the officer’s search.
The investigation was conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Lower Brule Agency. The case was prosecuted by Assistant U.S. Attorney Troy R. Morley.
Byington was remanded to the custody of the U.S. Marshals Service.
Fort Thompson Man Sentenced for Involuntary ManslaughterRead the Press Release
United States Attorney Ron Parsons announced that a Fort Thompson, South Dakota, man convicted of Involuntary Manslaughter was sentenced on May 14, 2018, by U.S. District Judge Roberto A. Lange.
Zachery Lee Ziegler, age 32, was sentenced to 20 months in custody, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Ziegler was indicted by a federal grand jury on June 14, 2017. He pled guilty on February 21, 2018.
The conviction stemmed from an incident on May 23, 2017, when the victim was a guest at a residence in Fort Thompson, where an acquaintance of Ziegler’s lived. Ziegler had purchased $20 of meth from an individual at the home, but it was “bad” so Ziegler returned to the home to get his $20 back. The owner of the residence asked Ziegler to leave. As Ziegler was leaving, Ziegler and the victim entered into a physical confrontation where Ziegler struck the victim in the head with his fist, incapacitating him on the ground. Ziegler then fled the scene. The victim was transported via ambulance to the Sanford Chamberlain Hospital where he was later pronounced dead.
An autopsy revealed that the cause of death was subdural hemorrhage due to blunt force injury of the head due to assault.
This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Ziegler was immediately turned over to the custody of the U.S. Marshals Service.
Former Tribal Executive Sentenced to Federal Prison for EmbezzlementRead the Press Release
United States Attorney Ron Parsons announced that a former executive board member of the Old Agency District of the Sisseton-Wahpeton Oyate Tribe, was sentenced in federal court to 16 months of imprisonment. Barbara Kirk, 66, of Sisseton, South Dakota, was also ordered to pay restitution in the amount of $100,620, and to serve three years of supervised release following her prison sentence.
According to court documents, beginning on or about January 20, 2011, and continuing through March 9, 2013, in the District of South Dakota and elsewhere, Barbara Kirk and others embezzled, stole, and knowingly converted to their own use, funds from the Old Agency District of the Sisseton Wahpeton Oyate Tribe (“Tribe”), an Indian tribal organization, and aided and abetted each other in doing so. The Old Agency District (“District”) is a subdivision of the Tribe.
Kirk, among others, were elected executive board members of the District. During the relevant time period, the District's executive board members were entitled to receive a monthly stipend for their service. From approximately January 2011 through March 2013, Kirk and others stole money from the District by writing checks to themselves for payroll, stipends, assistance, travel, and other miscellaneous reasons. Kirk and her co-defendants stole a total of $360,499 from the District and used the funds for their own purposes.
The investigation was conducted by the Federal Bureau of Investigation and the U.S. Attorney’s Office. Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.
The case was brought pursuant to The Guardians Project, a federal law enforcement initiative to coordinate efforts between participating agencies, to promote citizen disclosure of public corruption, fraud, and embezzlement involving federal program funds, contracts, and grants, and to hold accountable those who are responsible for adversely affecting those living in South Dakota’s Indian country communities. The Guardians Project is another step of federal law enforcement’s on-going efforts to increase engagement, coordination, and positive action on behalf of tribal communities. Led by the U.S. Attorney’s Office, the participating agencies include: Federal Bureau of Investigation; the Offices of Inspector General for the Departments of Interior, Health and Human Services, Social Security Administration, Agriculture, Transportation, Education, Justice, and Housing and Urban Development; Internal Revenue Service, Criminal Investigation Division; U.S. Postal Inspector Service; U.S. Postal Service, Office of Inspector General.
For additional information about The Guardians Project, please contact the U.S. Attorney’s Office at (605)330-4400. To report a suspected crime, please contact law enforcement at the federal agency’s locally listed telephone number.
Eagle Butte Man Charged with Stalking and Mailing Threatening CommunicationsRead 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 Stalking and Mailing Threatening Communications.
Gaylen Sampson, age 43, was indicted on October 17, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 14, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between November 2016 and September 2017, Sampson used the mail to send threatening and harassing communications.
The charges are merely accusations and Sampson is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Sampson was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
California Man Charged with Conspiracy to Distribute a Controlled SubstanceRead the Press Release
United States Attorney Ron Parsons announced that a Eureka, California, man has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance.
Melvin Farmer, Jr., age 43, was indicted on February 14, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 16, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 5 years in custody and/or a $250,000 fine, at least 2 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between August 1, 2012, and August 22, 2017, Farmer, along with his sister and her husband, knowingly and intentionally combined, conspired, confederated, and agreed with others to distribute marijuana, a Schedule I controlled substance.
The charge is merely an accusation and Farmer 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 Meghan N. Dilges is prosecuting the case.
Farmer was released on bond pending trial. A trial date has not been set.
U.S. Attorney Attends South Dakota Law Enforcement Memorial ServicesRead the Press Release
Pierre, SD – United States Attorney Ron Parsons attended the South Dakota Law Enforcement Memorial held as part of National Police Week in Pierre on May 16, 2018. Services, memorials, and tributes honoring law enforcement officers are held throughout the United States during this week.
In October 1962, President John F. Kennedy proclaimed May 15 as National Peace Officers Memorial Day and the surrounding week as National Police Week. Each year at this time, our nation pays special recognition to those officers who have lost their lives in the line of duty for the safety and protection of others. In addition, we celebrate the contributions of all police officers, recognizing their hard work and dedication in keeping our communities safe.
The U.S. Department of Justice is committed to supporting law enforcement officers through the “Back the Blue” initiative created by President Donald J. Trump in his first executive order after taking office, and implemented by Attorney General Jeff Sessions.
“The most important thing that any government does is protect the safety and rights of its citizens,” said U.S. Attorney Parsons. “Everything else depends on it. And that is the daily calling of police officers. The women and men of law enforcement – whether federal, state, local, or tribal – should never doubt that they have our deepest admiration and gratitude.”
“Whenever something goes wrong or anyone is in distress, they are the ones who answer the call,” he added. “They are the thin blue line standing in the breach between safety and lawlessness. They keep the peace, protect us from danger, and uphold the rule of law. We must never forget how blessed we are by those who willingly dedicate their lives to this mission.”
This year’s memorial began with a Wreath Laying Ceremony at the Capitol Lake Monument, followed by a motorcade from the George S. Mickelson Building to the Madison Avenue Church of Christ. The memorial service at the church commenced with a welcome by Pierre Police Chief Jason Jones and Call to Order by Sioux Falls Police Captain Loren McManus.
After the Presentation of Colors by the Memorial Honor Guard, the Pledge of Allegiance was led by Mrs. Karla Blemaster’s Fourth Grade Class from Kennedy Elementary in Pierre. South Dakota Highway Patrol Trooper Tori Gordan sang the National Anthem and Father David Hussey, Chaplain of the Pierre Police Department, presented the Invocation.
A Proclamation issued by South Dakota Governor Dennis Daugaard honoring our fallen law enforcement officers was then read by Colonel Craig Price of the South Dakota Highway Patrol.
Chief Justice David Gilbertson of the South Dakota Supreme Court gave the Keynote Address, honoring the commitment, dedication, and sacrifice of law enforcement officers.
Following the keynote, Mrs. Blemaster’s class presented a poignant musical tribute to our fallen officers.
Sully County Sheriff Bill Stahl, President of the South Dakota Sheriffs’ Association, then read the Roll Call of South Dakota law enforcement officers who have given their lives in the line of duty. Since 1791, more than 22,000 law enforcement officers across the United States have made the ultimate sacrifice. At least 69 line of duty deaths have occurred in South Dakota since Territorial days. These fallen heroes are:
Aberdeen Police Department (1)
Joseph Daly (August 16, 1919)
Alcester Police Department (1)
Alf Amundsen (September 10, 1940)
Andover Police Department (1)
Daniel Passage (July 29, 1916)
Brown County Sheriff's Office (2)
Ike Fuller (July 1, 1923)
Ole Solberg (February 25, 1939)
Brule County Sheriff's Office (2)
James Boney (September 6, 1926)
Clarendon Miller (September 6, 1931)
Bureau of Indian Affairs (7)
Paul Afraid of Soldiers (December 15, 1890)
John Armstrong (December 15, 1890)
Henry Bullhead (December 19, 1890)
David Hawkman (December 15, 1890)
James Little Eagle (December 15, 1890)
Charles Shavehead (December 16, 1890)
Frank Horn Cloud (March 10, 1910)
Butte County Sheriff's Office (1)
Dave Malcolm (January 24, 1946)
Campbell County Sheriff’s Office (2)
Walter Salzsiedler (April 25, 1949)
John Bechtold (August 4, 2004)
Cheyenne River Sioux Tribal Police (1)
Merrill Bruguier (October 9, 2010)
Custer Police Department (1)
James Sawyer (June 13, 1972)
Dallas Marshals Office (1)
Walter Wood (February 25, 1921)
DeSmet Police Department (1)
Arthur Back (September 13, 1932)
Emery Marshals Office (1)
George Shocker (September 24, 1935)
Grant County Sheriff's Office (1)
Melbourne Lewis (July 30, 1941)
Gregory Police Department (1)
William Bearshield (July 26, 1976)
Haakon County Sheriff's Office (1)
Matthew Schofield (March 21, 1985)
Huron Police Department (3)
Clifford Hawley (September 7, 1909)
Virgil Deyo (November 29, 1966)
Thomas Callies (March 30, 1982)
Hyde County Sheriff's Office (1)
Hugh McNamara (April 30, 1926)
Lead Police Department (1)
Milan Miller (November 22, 1938)
Leola Police Department (1)
Clarence Berry (December 12, 1921)
Miller Police Department (1)
William Stender (May 15, 1963)
Mitchell Department of Public Safety (1)
John Pierce (April 9, 1884)
Moody County Sheriff’s Office (1)
William Davis (November 3, 2003)
Oglala Sioux Tribal Police (3)
John Red Horse (November 16, 1894)
Glenn Hollow Horn (April 5, 1980)
Kelmer One Feather (July 1, 2000)
Pierre Police Department (1)
Alva Burnett (June 12, 1944)
Rapid City Police Department (8)
Billy Wilson (November 6, 1885)
James Hawkes (December 28, 1916)
Jack O’Leary (November 6, 1926)
Elmer Simons (April 2, 1955)
Daniel Wickard (June 9, 1972)
Leslie Hollers (September 16, 1985)
Ryan McCandless (August 2, 2011)
Nick Armstrong (August 6, 2011)
Sioux Falls Police Department (2)
Edward Pike (September 23, 1922)
George Saville (October 6, 1935)
South Dakota Department of Corrections (4)
Eugene Reily (March 6, 1936)
Edward Jaworski (September 6, 1951)
Russell Anderson (March 3, 1998)
Ronald Johnson (April 12, 2011)
South Dakota Department of Game, Fish and Parks (2)
George Driscoll (April 26, 1964)
Ronald Brandt (December 20, 1979)
South Dakota Division of Criminal Investigation (1)
Thomas Matthews (January 24, 1946)
South Dakota Highway Patrol (5)
Bernard Benson (September 17, 1941)
Henry Russell (November 19, 1958)
Verlyn Mettler (March 9, 1976)
Steven Hoffman (March 12, 1980)
Oren Hindman (May 2, 1985)
South Dakota State Deputy Sheriff (1)
Charles Halpin (May 13, 1927)
Turner County Sheriff’s Office (1)
Chad Mechels (March 15, 2009)
United States Department of Justice Alcohol, Tobacco, & Firearms (2)
Charles Bintliff (May 13, 1927)
Oscar Hanson (March 28, 1928)
United States Federal Bureau of Investigation (2)
Jack Coler (June 26, 1975)
Ronald Williams (June 26, 1975)
United States Marshals Service (1)
Edward Flanery (March 28, 1928)
Webster Police Department (1)
Albert Hubsch (December 5, 1954)
White Lake Police Department (1)
Clyde Rogers (February 3, 1948)
On behalf of us all, the U.S. Attorney’s Office of the District of South Dakota and the U.S. Department of Justice honor and mourn our fallen law enforcement heroes, and express our deepest thanks to all law enforcement officers for their bravery and dedication to the safety of our communities and the rule of law.
U.S. Attorney Attends Investiture of U.S. Magistrate JudgeRead the Press Release
Rapid City, SD – On May 11, 2018, United States Attorney Ron Parsons attended the Investiture of United States Magistrate Judge Daneta Wollmann. Judge Wollmann is the first person to serve in the newly created full-time federal magistrate position in the Western Division of the District of South Dakota.
The ceremony, held at the Andrew W. Bogue Federal Building and United States Courthouse in Rapid City, opened with celebratory music before the Hon. Jeffrey L. Viken, Chief Judge, welcomed the attendees with some opening remarks. Additional remarks were presented by the Hon. Karen E. Schreier, United States District Judge. Chief Judge Viken then administered the oath of office. The ceremony concluded with comments from Judge Wollmann.
Judge Wollmann was appointed by the United States District Court to serve an eight-year term of office effective April 1, 2018. She had been serving as a part-time magistrate judge since March 2015. She is a graduate of Purdue University and the University of South Dakota School of Law.
Pine Ridge Man Sentenced for Involuntary ManslaughterRead the Press Release
United States Attorney Ron Parsons announced that a Pine Ridge, South Dakota, man convicted of Involuntary Manslaughter was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Brent Janis, age 22, was sentenced on May 8, 2018, to 37 months’ custody, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Janis was indicted for the charge by a federal grand jury in June 2016. The charge related to Janis driving a vehicle, while under the influence of alcohol, on April 8, 2016, at Pine Ridge. Janis lost control of the vehicle, which went into the ditch and rolled. Two individuals were ejected and killed in the crash.
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. Attorney Eric Kelderman prosecuted the case.
Janis was ordered to self-report to a Bureau of Prisons facility upon designation of the facility where Janis will serve his sentence.
Parmelee Man Sentenced for Sexual ContactRead the Press Release
United States Attorney Ron Parsons announced that a Parmelee, South Dakota, man convicted of Abusive Sexual Contact was sentenced on May 14, 2018, by U.S. District Judge Roberto A. Lange.
Harlan James Two Eagle, age 34, was sentenced to 12 months and 1 day in custody, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Two Eagle was indicted by a federal grand jury on October 12, 2016. He pled guilty on February 8, 2018.
The conviction stems from an incident on December 22, 2015, when Two Eagle and the victim were drinking alcohol with several people in the White Horse Community, in Todd County, South Dakota. At one point, Two Eagle tried to touch the victim in a sexual manner. The victim told Two Eagle to stop, but he touched her in the groin and inner thigh area with his hand without the victim’s permission, and then stopped.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Two Eagle was immediately turned over to the custody of the U.S. Marshals Service.
Wagner Man Sentenced to 24 Months for Sexual Abuse of a MinorRead the Press Release
United States Attorney Ron Parsons announced that U.S. District Judge Karen E. Schreier sentenced a Wagner, South Dakota, man convicted of Sexual Abuse of a Minor, on May 9, 2018.
Dorian Lester, age 22, was sentenced to 24 months in custody, followed by 5 years of supervised release, and ordered to pay $100 to the Federal Crime Victims Fund. Lester was also required to register as a sex offender upon release from incarceration.
Lester was indicted for sexual abuse of a minor by a federal grand jury on August 9, 2016. He pled guilty on February 15, 2018.
On or about November 23, 2014, Dorian Lester engaged in a sexual act with a 12-year old girl. Both had been drinking alcohol at a home in the South Housing area of Wagner.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Jeff Clapper prosecuted the case. Lester was immediately turned over to the custody of the U.S. Marshals Service.
White River Man Indicted for Counterfeit Obligation ChargesRead 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 Passing Counterfeit Obligations of the United States and Possession of Counterfeit Obligations of the United States.
Gabriel Angelo May, age 38, was indicted on April 17, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 7, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on March 15, 2018, May on two separate occasions knowingly passed forged and counterfeit obligations. The Indictment further alleges that on March 16, 2018, May knowingly had in his possession falsely made, forged, and counterfeit obligations.
The charges are merely accusations and May is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Secret Service, the South Dakota Division of Criminal Investigation, the Sully County Sheriff’s Office, and the Hughes County Sheriff’s Office. Supervisory Assistant U.S. Attorney Tim Maher is prosecuting the case.
May was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for July 10, 2018.
Fruitdale Woman Sentenced for Bank RobberyRead the Press Release
United States Attorney Ron Parsons announced that a Fruitdale, South Dakota, woman convicted of Bank Robbery was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Kaycee Teppo, age 23, was sentenced on April 30, 2018, to 41 months in custody, 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.
Teppo was charged on May 23, 2017. The conviction stems from Teppo robbing a bank in Spearfish, South Dakota, on May 18, 2017.
The investigation was conducted by the Federal Bureau of Investigation and the Spearfish Police Department. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Eagle Butte Man Sentenced for Sexual Abuse of a MinorRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man convicted of Sexual Abuse of a Minor was sentenced on May 3, 2018, by U.S. District Judge Roberto A. Lange.
Charles Edwards, age 37, was sentenced to 36 months in custody, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Edwards was indicted by a federal grand jury on March 21, 2017. He pled guilty on January 16, 2018.
Between December 13, 2013, and December 12, 2016, Edwards engaged in a sexual act with a minor who had attained the age of 12 years old, but had not attained the age of 16 years old and was at least 4 years younger than Edwards.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Jay Miller prosecuted the case.
Edwards was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man charged with Conspiracy to Distribute a Controlled Substance was sentenced on April 30, 2018, by U.S. District Court Judge Roberto A. Lange.
David Brody Gunville, age 31, was sentenced to 48 months in custody, followed by 3 years of supervised release, a fine of $1,000, and a special assessment to the Federal Crime Victims fund in the amount of $100.
Gunville was indicted by a federal grand jury on January 19, 2017, for Conspiracy to Distribute a Controlled Substance and Distribution of a Controlled Substance. Gunville pleaded guilty on January 24, 2018.
Between July, 2015, and January 19, 2017, Gunville conspired with others to distribute methamphetamine. Gunville admitted that he received distributable quantities of methamphetamine from others who knew he intended to further distribute the methamphetamine in South Dakota. He agreed it was forseeable that between 200 to 350 grams of methamphetamine would be distributed during the course of the conspiracy.
The investigation was conducted by the Federal Bureau of Investigation, 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.
Gunville was immediately turned over to the custody of the U.S. Marshals Service.
Arizona Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Ron Parsons announced that a Tucson, Arizona, man charged with Conspiracy to Distribute a Controlled Substance (methamphetamine) was sentenced on April 30, 2018, by U.S. District Court Judge Roberto A. Lange.
Antonio Valentino Foster, age 26, was sentenced to 60 months in custody, followed by 4 years of supervised release, forfeiture of $5,382 in U.S. currency, and a special assessment to the Federal Crime Victims fund in the amount of $100.
Foster was indicted by a federal grand jury on August 16, 2017, for Conspiracy to Distribute a Controlled Substance, Possession with Intent to Distribute a Controlled Substance, and Distribution of a Controlled Substance. Foster pleaded guilty on February 20, 2018.
Between March 1, 2017, and August 16, 2017, Foster conspired with other individuals to distribute methamphetamine. Foster admitted that he received distributable quantities of methamphetamine from individuals who knew that he intended to engage in further distribution. Foster distributed some of that methamphetamine in South Dakota, and also provided methamphetamine to others knowing that they intended to engage in further distribution within South Dakota. It was reasonably foreseeable to Foster that at least 50 grams of methamphetamine would be distributed during the course of the conspiracy.
On April 25, 2017, near Rosebud, South Dakota, Foster distributed methamphetamine to a confidential informant. On April 27, 2017, near Rosebud, Foster was apprehended by law enforcement with 89.15 grams of methamphetamine and $5,285 in U.S. currency in his possession. Foster admitted that the cash was proceeds from the sale of the methamphetamine and agreed to forfeit his interest in the currency.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Foster was immediately turned over to the custody of the U.S. Marshals Service.
Lower Brule Man Acquitted of Sexual AbuseRead the Press Release
United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, man was acquitted of Sexual Abuse of a Person Incapable of Consent as a result of a federal jury trial in Pierre, South Dakota, on May 3, 2018.
Gregory Laroche, Sr., age 53, was indicted by a federal grand jury on February 14, 2018.
The charge relates to an incident which occurred on November 14, 2017, when Laroche allegedly sexually abused a female acquaintance.
The investigation was conducted by the Bureau of Indian Affairs, Lower Brule Agency and the U.S. Attorney's Office prosecuted the case.
Eagle Butte Man Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man charged with Assaulting, Resisting, Opposing, and Impeding a Federal Officer was sentenced on April 30, 2018, by U.S. District Court Judge Roberto A. Lange.
Pete Knight, age 55, was sentenced to 6 months in custody, an additional 6 months of home confinement, 18 months of supervised release, and $100 to the Federal Crime Victims Fund.
Knight was indicted by a federal grand jury on June 14, 2017, for Assaulting, Resisting, Opposing, and Impeding a Federal Officer. Knight was found guilty of that charge by a jury on February 7, 2018.
The conviction stems from an incident that took place on May 8, 2017, in Ziebach County, South Dakota. On that day, Ziebach County Sheriff, Gary Cudmore made a traffic stop on a vehicle. During the course of the traffic stop, Knight and another individual stopped at the location of the traffic stop, as the vehicle stopped by Sheriff Cudmore belonged to Knight. Knight requested to talk to the driver and the sheriff allowed it. As soon as the door to the patrol vehicle was opened, Knight began to physically assault the driver, who was handcuffed behind his back and defenseless. Sheriff Cudmore was able to pull Knight back. Knight continued to attempt to get through Sheriff Cudmore to get at the driver. In the process, Knight shoved Sheriff Cudmore. Knight eventually left the scene.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Jay Miller.
Knight was remanded to the custody of the U.S. Marshals Service.
White River Woman Indicted for Assault ChargesRead the Press Release
United States Attorney Ron Parsons announced that a White River, South Dakota, woman has been indicted by a federal grand jury for Assault With a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Crystal Earth, age 26, was indicted on April 17, 2018. She appeared before U.S. Magistrate Judge Mark A. Moreno on April 30, 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on February 26, 2018, Earth assaulted an individual with a knife with intent to do bodily harm and that assault resulted in serious bodily injury.
The charges are merely accusations and Earth 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.
Earth was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
U.S. Attorney Meets with South Dakota Police Chiefs’ Association and Sheriffs’ AssociationRead the Press Release
Deadwood, SD – United States Attorney Ron Parsons attended the Spring Conference of the South Dakota Police Chiefs’ Association and South Dakota Sheriffs’ Association held in Deadwood, South Dakota, on April 17-19, 2018. Dennis Holmes, Criminal Chief for the District, also represented the U.S. Attorney’s Office at the conference.
U.S. Attorney Parsons briefed the gathering of top local law enforcement officers on Department of Justice efforts to combat violent crime and drug trafficking, including the reinvigoration of Project Safe Neighborhoods and increased focus on prosecuting drug dealers responsible for overdose deaths. He also attended panel discussions on the opioid epidemic’s impact on South Dakota and Operation Safe Streets, a neighborhood policing initiative by the Sioux Falls Police Department and South Dakota Highway Patrol.
During the conference, several South Dakota law enforcement officers were honored for their bravery in the line of duty and other extraordinary efforts on behalf of the people they serve.
“The men and women who wear the badge risk their own lives to protect our families and communities from the horrors of violence and illegal drugs,” said U.S. Attorney Parsons. “They are heroes walking among us. All of us owe an immense debt of gratitude to these dedicated officers.”
The 2018 honorees and their accomplishments are detailed below.
Medal of Honor
The Medal of Honor is given jointly by the South Dakota Police Chiefs’ and South Dakota Sheriffs’ Associations to law enforcement officers who willingly distinguish themselves through an act of courage, involving a risk of imminent serious injury or death, for the purpose of saving or protecting a human life or while taking an armed and immediately dangerous suspect into custody. Two Medal of Honor Awards were given at this year’s conference:
Trooper Devrin Clark. The first recipient of this year’s Medal of Honor was Trooper Devrin Clark of the South Dakota Highway Patrol. On November 26, 2017, Trooper Clark was working along Interstate 229 in Sioux Falls. He observed a Silver Mitsubishi Endeavor that was traveling 81 miles per hour in a 65 mile per hour zone.
Trooper Clark caught up with the vehicle and initiated a traffic stop. The Mitsubishi slowed and began to move to the right side of the roadway. Just as it appeared to be pulling over, the vehicle suddenly accelerated. It drove up on the right shoulder, passing two cars and nearly striking one of them.
Trooper Clark notified dispatch of the pursuit. The driver of the Mitsubishi was traveling more than 100 miles per hour, passing vehicles on the shoulder and sometimes driving on the grass along the side of the road and in the median.
About three minutes into the pursuit, the vehicle lost control near the top of an exit ramp. It struck a sign pole, then hit a concrete bridge barrier on the overpass. The vehicle caught fire almost immediately with the driver trapped inside. Risking his own life, Trooper Clark pulled the young female suspect out of the burning vehicle. She was unable to move due to a severe leg fracture. After pulling her to safety, Trooper Clark went back to check for other occupants. Fortunately, no one else was in the vehicle.
Trooper Clark put his own life in danger to save the life of a fleeing suspect. There is no higher calling for a law enforcement officer than to protect life and limb. The juvenile’s mother thanked Trooper Clark for saving her daughter’s life.
Deputy Micah Hofman. The second recipient of this year’s Medal of Honor was Deputy Sheriff Micah Hofman, Lake County Sheriff’s Office, for the life-saving actions he took in the early morning of May 3, 2017, in rural Lake County.
At approximately 2:00 a.m., Deputy Hofman responded to the scene of an active shooting where a McCook County Deputy had been shot following a vehicle pursuit and was pinned down by gunfire. The deputy had received a gunshot wound to his left arm.
Deputy Hofman drove his patrol vehicle directly into the active gunfire, picked up the injured deputy who was seeking cover behind his patrol vehicle, and evacuated him to safety. Deputy Hofman then drove the deputy to the Madison Hospital. The suspect was later taken into custody after a several-hour standoff in a field.
Deputy Hofman risked his own life driving into an active gun fight with a heavily-armed suspect. Had he not taken this action, the injured deputy might well have been killed.
Officer of the Year Award
The Officer of the Year Award is given jointly by the South Dakota Police Chiefs’ and South Dakota Sheriffs’ Associations for exceptional achievement in any police endeavor, including extraordinary valor, crime prevention, investigative work, community policing, traffic safety, drug control and prevention, juvenile programs and training programs.
The recipient of this year’s Officer of the Year Award was Detective Joe Leveque, Sturgis Police Department, for his efforts on behalf of children in the Sturgis community. In 2017, Detective Leveque was asked to help find a way financially to keep the local youth boxing club’s doors from closing. Eager to help, Detective Leveque sought out a national program called Police Athletic League (PAL). He started the program in Sturgis, the first and only such program in the state. His goal was to help build up the boxing program, as well as give the Police Department a way to positively interact with local youth in hopes of deterring juvenile crime. He has been successful in securing local and national grants and donations to purchase everything the boxing club needs to function. He is also working to develop several other youth programs in the community.
Chief John Wainman Sr. Service Award
The Chief John Wainman Sr. Service Award is given for contributions by a member of the South Dakota Police Chiefs’ Association who exceeds the high standard and contributions normally made by members. This year’s award was presented to Lieutenant Todd Brandt, Yankton Police Department.
On Tuesday, June 13, 2017, Lieutenant Brandt was advised that Lyle Jeffs, a fugitive on the FBI’s Most Wanted List, was reported to be in the Yankton area. According to reports, Jeffs had entered a local pawn shop and attempted to pawn some items. The following day, Lieutenant Brandt noticed the license plates identified in the report on a parked pick-up truck belonging to Jeffs. He called for back-up, but by then Jeffs was already exiting the outdoor bathroom at the local marina. Not wanting Jeffs to elude capture, Lieutenant Brandt put out a “Help an Officer” call, then exited his personal vehicle and apprehended the suspect on his own. Multiple units arrived at the scene and safely took Jeffs into custody without incident.
Citizen’s Award of Merit
The Citizen’s Award of Merit is given jointly by the South Dakota Police Chiefs’ and South Dakota Sheriffs’ Associations. The award is presented to a citizen, company or group who performed an exceptional act or demonstrated a continued pattern of actions that furthered the missions and goals of the SDPCA and SDSA, or who have made a significant contribution to the law enforcement profession in the State of South Dakota.
The recipient of this year’s Citizen’s Award of Merit was Chris Schafer, Hamlin County Director of Equalization. On August 17, 2017, Schafer and a colleague were traveling home to Castlewood and came upon an accident. A semi-truck pulling double trailers had hit a train and was on fire. Schafer immediately jumped out to help. The driver was pinned inside the cab. Two train engineers were trying to put the fire out, to no avail. Schafer realized they would not be able to get the fire out, so he worked to open the door and get the driver out of the semi-truck. Schafer was able to pull the driver out just seconds before it was engulfed in flames. The 16-year old driver had multiple injuries, but Schafer’s quick thinking and experience saved the young man’s life.
On behalf of us all, the U.S. Attorney’s Office congratulates and thanks these South Dakota law enforcement officers and citizens for their bravery and dedication, and commends the South Dakota Police Chiefs’ Association and Sheriffs’ Association for honoring these heroes.
U.S. Attorney Attends Crow Creek Sioux Tribe InaugurationRead the Press Release
Stephan, SD – On May 1, 2018, United States Attorney Ron Parsons was a guest at the Crow Creek Sioux Tribe Inauguration for the Tribe’s newly elected Chairman, Lester Thompson, Jr., and Tribal Council.
The ceremony, held at the Crow Creek Tribal School, began with a processional honor song and presentation of the Color Guard by the Hunkpati Oyate Veterans. Chairman Thompson and Council Members Roland Hawk Sr., Evan Hawk, Kyle Kirkie, Barry Thompson, Carla Pickner and Fabian Howe Sr. took the oath of office administered by Crow Creek Tribal Judge Matthew Olson.
Also in attendance at the ceremony were Boyd Gorneau, Chairman of the Lower Brule Sioux Tribe, Robert Flying Hawk, Chairman of the Yankton Sioux Tribe, Steve Emery, South Dakota Secretary of Tribal Relations, and Tim Maher, Supervisory Assistant U.S. Attorney for the Pierre office.
Chairman Thompson and the members of the Tribal Council were elected on April 19, 2018, to serve two-year terms.
Rapid City Man Sentenced for Distribution of a Controlled Substance and Transportation for Illegal Sexual ActivityRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Distribution of a Controlled Substance to an Individual under 21 Years of Age and Transportation for Illegal Sexual Activity was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Darryl Graham, a/k/a Darryl Gram, age 49, was sentenced on April 17, 2018, to 5 years’ custody, followed by 6 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund as to the charge of Distribution of a Controlled Substance to an Individual under 21 Years of Age. Graham was also sentenced to 5 years’ custody, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund as to the charge of Illegal Sexual Activity. The time in custody and period of supervised release are to run concurrent.
Graham was indicted by a federal grand jury on November 16, 2016. The charges related to Graham distributing methamphetamine to an individual under the age of 21 between August 2015 and May 2016. Graham also transported individuals from Rapid City to Chicago, Illinois, between April and May 2016, with the intent of hiring them to engage in prostitution.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Graham was immediately turned over to the custody of the U.S. Marshals Service.
Blunt Man Sentenced for Felon in Possession of a FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Blunt, South Dakota, man convicted of Felon in Possession of a Firearm was sentenced on April 30, 2018, by U.S. District Judge Roberto A. Lange.
Robert Dwayne Spaid, age 61, was sentenced to time served equal to 2 days in custody, 2 years of supervised release, a fine of $2,500, forfeiture of a Rossi .22 caliber rifle and 37 rounds of 12-gauge shotgun ammunition, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Spaid was indicted by a federal grand jury on December 13, 2016. He pled guilty on February 8, 2018.
The conviction stemmed from an incident that occurred on October 27, 2016, in Pierre. On that day, Spaid was driving a vehicle in Pierre and was stopped for a traffic violation by deputies from the Hughes County Sheriff’s Office. Spaid’s vehicle was subsequently searched and a .22 caliber rifle was seized from the vehicle. On November 23, 2016, law enforcement executed a search of Spaid’s residence and seized multiple rounds of 12-gauge shotgun ammunition.
Spaid was convicted of Unauthorized Possession of a Controlled Substance (Class 4 Felony) in 2004, making it illegal for him to possess firearms. Spaid will forfeit ownership of the rifle and ammunition to the United States.
This case was investigated by the Hughes County Sheriff’s Office and the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Spaid was released to begin serving supervised release.
Sioux Falls Methamphetamine Scheme Ringleader Sentenced to 25 Years in Federal PrisonRead the Press Release
United States Attorney Ron Parsons announced that Jaunte Lamar Berry, age 31, of Sioux Falls, South Dakota, convicted of Possession with Intent to Distribute 50 grams or more of Methamphetamine, was sentenced to 25 years in prison on April 23, 2018, by U.S. District Court Judge Karen E. Schreier.
Berry’s time in prison will be followed by four years of supervised release. He was also ordered to pay $100 to the Federal Crime Victim’s Fund. Berry was indicted by a federal grand jury on July 6, 2017. He pled guilty on October 16, 2017.
The investigation of Berry revealed his leadership of a drug ring that was responsible for utilizing the U.S. Postal Service to mail several pounds of methamphetamine and marijuana from Sacramento, California, to Sioux Falls. A search warrant was executed at Berry’s residence in Sioux Falls, where law enforcement located approximately 68 grams of methamphetamine, over one and a half pounds of marijuana, and a firearm. The District Court found that Berry took advantage of multiple women he was romantically involved with to act as assistants to his drug dealing scheme, and that the drug ring was Berry’s primary source of income while he was involved.
This case was investigated by the Sioux Falls Area Drug Task Force, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the U.S. Postal Inspection Service. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
U.S. Attorney’s Office Hosts Roundtable Discussion on Combatting Sexual Harassment in HousingRead the Press Release
SIOUX FALLS, SD – United States Attorney Ron Parsons announced that the U.S. Attorney’s Office for the District of South Dakota hosted a roundtable discussion regarding Sexual Harassment in Housing. Today’s event, held in conjunction with National Sexual Assault Awareness and Prevention Month, was the first of its kind in South Dakota.
The event brought together local law enforcement, legal services providers, public housing authorities, and other non-profit organizations who work with South Dakota’s vulnerable populations, specifically in the areas of housing, homelessness, and domestic violence. Participants discussed how they see such problems manifesting within the Sioux Falls area, and brainstormed ways in which local entities might collaborate to combat them.
Although always illegal and unacceptable, sexual harassment tends to be particularly underreported in the housing context.
“For landlords or property managers to try to use the power they have over tenants to extort sexual favors, or even commit assaults, is beyond reprehensible,” said U.S. Attorney Parsons. “No person should have to tolerate unwanted sexual advances in order to keep a roof over his or her head. Our office is dedicated to uncovering such violations wherever they exist and vigorously enforcing the law.”
The Department of Justice, through U.S. Attorney’s Offices and the Civil Rights Division, is charged with enforcing the Fair Housing Act. In October 2017, the Civil Rights Division announced a new initiative to combat sexual harassment in housing, and launched pilot programs in D.C. and the Western District of Virginia. On April 12, 2018, the Division rolled out a national initiative. The initiative seeks to increase efforts to protect women from harassment by landlords, property managers, maintenance workers, security guards, and other employees and representatives of rental property owners. As part of the initiative, the Department of Justice is working to identify barriers to reporting sexual harassment and collaborate with local law enforcement, legal services providers, public housing authorities, and other non-profit organizations to leverage their expertise in this area.
To aid in this effort, the Department of Justice is hosting a series of roundtable discussions around the country. Along with U.S. Attorney Parsons, the Sioux Falls discussion was facilitated by Lauren Miller Marks from the U.S. Department of Justice’s Civil Rights Division in Washington, D.C., James C. Whiteside from the U.S. Department of Housing and Urban Development in Denver, CO, and Diana Ryan, Chief of the Civil Division, and AUSA Alison Ramsdell, Civil Rights Coordinator, both from the District of South Dakota.
April 2018 is also National Fair Housing Month and marks the 50th Anniversary of the Fair Housing Act, which prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin, and disability. Sexual harassment is a form of sex discrimination barred by the Fair Housing Act. Sexual harassment by landlords, property managers, maintenance workers, and others who exercise power over access to housing affects the most vulnerable populations within our communities—single parents, individuals with financial difficulties, and people who have suffered sexual violence in their past. Often, these individuals do not know where to turn for help.
Local law enforcement and community organizations can assist in this effort by identifying misconduct and recommending that individuals report sexual harassment to the Department of Justice. “Our goal is greater than just prosecution,” emphasized U.S. Attorney Parsons. “We want to put an end to this kind of abuse.”
We encourage anyone who has experienced sexual harassment in housing, or knows someone who has, to contact the Civil Rights Division by calling (844) 380-6178, or by emailing [email protected]. Individuals in South Dakota who believe they may have been victims of discrimination may also file a complaint with the U.S. Attorney’s Office’s Civil Rights Section.
Howard Man Ordered to Pay $13,662.57 for Killing and Trapping Migratory BirdsRead the Press Release
United States Attorney Ron Parsons announced that U.S. Magistrate Judge Veronica L. Duffy sentenced a Howard, South Dakota, man convicted of taking, killing, and possessing migratory birds on April 23, 2018.
Armand Joseph Dornbusch, age 63, was sentenced to pay $13,662.57 restitution and $10 to the Federal Crime Victims Fund.
Dornbusch was indicted for taking, killing, and possessing migratory birds by a federal grand jury on January 9, 2018. He pled guilty on March 21, 2018.
On August 12, 2017, the Miner County Sheriff’s Office received a report about metal traps on wooden fence posts. Officers found 21 steel-jawed leg-hold traps containing 4 birds still alive and 8 dead birds, including four hawks and one great-horned owl. Three of the live birds were raptors and underwent surgery at the Great Plains Zoo in Sioux Falls to amputate severely damaged digits on their feet. The treatment was successful and they were eventually released back into the wild. As part of his sentence, Dornbusch lost his hunting privileges for 3 years and forfeited all of the traps.
This case was investigated by the Miner County Sheriff’s Department, South Dakota Department of Game, Fish & Parks, and the U.S. Fish & Wildlife Service. Assistant U.S. Attorney Jeff Clapper prosecuted the case.
Eagle Butte Man Charged with AssaultRead 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 Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Nathaniel Potter, age 23, was indicted on November 14, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 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, 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 September 8, 2017, Potter did unlawfully assault an individual with a dangerous weapon, that is, a knife, and said assault resulted in serious bodily injury.
The charges are merely accusations and Potter 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.
Potter was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
St. Francis Man Indicted for Failure to Register as a Sex OffenderRead 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 Failure to Register as a Sex Offender.
Gregory Paul Quigley, a/k/a Greg Paul Quigley, age 53, was indicted on April 17, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 19, 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.
Quigley was convicted of Abusive Sexual Contact in July 2016. As a result of this conviction, he is required to register as a sex offender. It is alleged that between November 16, 2017, and March 15, 2018, Quigley, 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 Quigley 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.
Quigley was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Sioux Falls Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Ron Parson announced that a Sioux Falls, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on April 19, 2018, by U.S. District Judge Roberto A. Lange.
David Marrowbone, age 55, was sentenced to 17 months in custody, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Marrowbone was indicted by a federal grand jury on January 17, 2018. He pled guilty on February 20, 2018.
Between October 23, 2017, and November 25, 2017, Marrowbone, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under Federal Law, did knowingly fail to register and update his registration.
This case was investigated by the U.S. Marshals Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Marrowbone was immediately turned over to the custody of the U.S. Marshals Service.
Indiana Man Sentenced on Child Pornography ChargeRead the Press Release
United States Attorney Ron Parsons announced that an Elkhart, Indiana, man was sentenced on April 17, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Brendan Leiter, age 26, was sentenced to 3 years of imprisonment, followed by 10 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Leiter was one of ten men who were arrested and federally indicted as a result of an undercover sex trafficking operation conducted during the 2016 Sturgis Motorcycle Rally, targeting persons seeking to pay to have sex with underage girls or boys obtained through the Internet. The conviction stemmed from Leiter communicating with someone he believed to be a minor for the purpose of engaging in sexual acts, and requesting the minor send him a nude image of herself.
The undercover operation and arrests were a joint effort between the South Dakota Division of Criminal Investigation, the Department of Homeland Security, the Federal Bureau of Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s office. Assistant U.S. Attorney Sarah Collins prosecuted the case.
Leiter was immediately remanded to the custody of the U.S. Marshals Service.
Federal Jury Convicts Texas Man of Aggravated Sexual Abuse of a ChildRead the Press Release
United States Attorney Ron Parsons announced that Ira Alan Arias, age 42, of Fort Worth, Texas, and Sisseton, South Dakota, was found guilty of three counts of Aggravated Sexual Abuse of a Child, as a result of a federal jury trial in Aberdeen, South Dakota. The verdict was returned on April 18, 2018.
The charge carries a penalty of a mandatory minimum of 30 years up to life in custody and/or a $250,000 fine, a mandatory minimum term of five years up to life of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
Arias was indicted by a federal grand jury on April 4, 2018.
On or about May 3, 2015, Arias forcefully engaged in three sexual acts with the victim, who was 14 years old at the time of the sexual abuse. The sexual abuse occurred in a hotel room in Codington County.
This case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant U.S. Attorney Jeremy R. Jehangiri.
A presentence investigation was ordered and Arias will be sentenced on July 9, 2018. Arias was detained pending and during trial, and he remains in federal custody.
Three Conspirators Sentenced in $16.6m Fraudulent Medical Device SchemeRead the Press Release
Three defendants who marketed and sold light-emitting medical devices as a cure-all to consumers, primarily targeting the elderly, were sentenced on April 20, 2018 by a federal judge in Rapid City, South Dakota, the Department of Justice announced.
Robert “Larry” Lytle, 83, of Rapid City, who was the leader and organizer of the scheme, was sentenced to 12 years in prison, followed by 2 years of supervised release. Ronald D. Weir Jr., 39, of Sioux Falls was sentenced to 24 months in prison, followed by 3 years of supervised release. Irina Kossovskaia, 63, a Canadian resident, was sentenced to 15 months in prison, followed by 2 years of supervised release. U.S. District Judge Roberto A. Lange will issue a final restitution order within 90 days.
Lytle pleaded guilty on January 26, 2018, in the District of South Dakota to one count of conspiracy to introduce misbranded medical devices into interstate commerce with the intent to defraud and mislead, and one count of criminal contempt. As part of his plea agreement, Lytle admitted that beginning in 2005 he entered into an agreement with others to sell medical devices with false and misleading labeling in order to defraud consumers, and that he continued to do so in violation of a federal court order. He also acknowledged that he obtained at least $16,669,015 over the course of the scheme. Lytle made an initial restitution payment of $637,000 and has turned over several thousand dollars’ worth of gold and silver coins to be applied to restitution. Irina Kossovskaia and Ronald D. Weir Jr. previously pleaded guilty for their roles in the fraud. The government agreed to dismiss criminal contempt charges against a fourth individual, Fredretta Eason.
Lytle and his co-conspirators including Kossovskaia and Weir (who operated QLaser distributorships) marketed and distributed QLaser devices to (mostly elderly) consumers across the United States by falsely claiming that the devices could safely and effectively treat a panoply of medical conditions at home, including cancer, emphysema, diabetes, autism, HIV, and heart disease. Lytle created false and misleading product labeling that was designed to create the false impression that these claims had been scientifically proven. In truth, no published clinical or scientific studies supported the use of QLaser devices to treat those and other serious conditions, and the U.S. Food and Drug Administration (FDA) never approved the devices for such uses. To lend credibility and authority to his claims, the potential QLaser purchasers were told “Dr. Lytle” was a “retired” dentist and medical laser expert while omitting the fact that his license to practice dentistry had been permanently revoked for engaging in fraud and material deception.
Lytle and his co-conspirators forged ahead with the fraud even after a federal court ordered them to stop selling and refund all QLaser purchasers in a series of injunctions issued in 2015. In violation of the injunctions, Lytle made false statements to the court and FDA investigators, sent collection letters to QLaser purchasers rather than pay them court-ordered restitution, smuggled hundreds devices out of South Dakota to upstate New York to prevent their seizure, and received a steady stream of income from continued QLaser sales made by Kossovskaia, Weir, and others.
“These defendants exploited elderly victims suffering from chronic, serious medical conditions,” said Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “Protecting Americans from this abhorrent behavior will remain one of the Justice Department’s highest priorities.”
“These defendants were motivated by greed, and they targeted vulnerable people by giving them false hope while fleecing them,” said U.S. Attorney Ron Parsons of the District of South Dakota. “The sentences today should serve as a deterrent to anyone contemplating similar schemes.”
"Unconscionable schemes involving ineffective and worthless medical devices take advantage of the despair and desperation of people who are impaired by chronic debilitating pain and disease. We place the highest priority in ensuring that these types of schemes are investigated and prosecuted aggressively", said U.S. Postal Inspector in Charge Craig Goldberg of the Denver Division, which covers multiple states including South Dakota. "The sentencing of these three perpetrators sends a clear message to those that profit from the misfortunes of others that we will not allow the US Mail to be used to harm our citizens."
The U.S. Postal Inspection Service investigated this case. The case was prosecuted by Trial Attorney Ross S. Goldstein of the Justice Department’s Consumer Protection Branch and Assistant U.S. Attorney Kevin Koliner and retired former Assistant U.S. Attorney Ted McBride of the U.S. Attorney’s Office for the District of South Dakota.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the District of South Dakota, visit its website at https://www.justice.gov/usao-sd.
Three Conspirators Sentenced in $16.6m Fraudulent Medical Device SchemeRead the Press Release
WASHINGTON - Three defendants who marketed and sold light-emitting medical devices as a cure-all to consumers, primarily targeting the elderly, were sentenced on April 20, 2018 by a federal judge in Rapid City, South Dakota, the Department of Justice announced.
Robert “Larry” Lytle, 83, of Rapid City, who was the leader and organizer of the scheme, was sentenced to 12 years in prison, followed by 2 years of supervised release. Ronald D. Weir Jr., 39, of Sioux Falls was sentenced to 24 months in prison, followed by 3 years of supervised release. Irina Kossovskaia, 63, a Canadian resident, was sentenced to 15 months in prison, followed by 2 years of supervised release. U.S. District Judge Roberto A. Lange will issue a final restitution order within 90 days.
Lytle pleaded guilty on January 26, 2018, in the District of South Dakota to one count of conspiracy to introduce misbranded medical devices into interstate commerce with the intent to defraud and mislead, and one count of criminal contempt. As part of his plea agreement, Lytle admitted that beginning in 2005 he entered into an agreement with others to sell medical devices with false and misleading labeling in order to defraud consumers, and that he continued to do so in violation of a federal court order. He also acknowledged that he obtained at least $16,669,015 over the course of the scheme. Lytle made an initial restitution payment of $637,000 and has turned over several thousand dollars’ worth of gold and silver coins to be applied to restitution. Irina Kossovskaia and Ronald D. Weir Jr. previously pleaded guilty for their roles in the fraud. The government agreed to dismiss criminal contempt charges against a fourth individual, Fredretta Eason.
Lytle and his co-conspirators including Kossovskaia and Weir (who operated QLaser distributorships) marketed and distributed QLaser devices to (mostly elderly) consumers across the United States by falsely claiming that the devices could safely and effectively treat a panoply of medical conditions at home, including cancer, emphysema, diabetes, autism, HIV, and heart disease. Lytle created false and misleading product labeling that was designed to create the false impression that these claims had been scientifically proven. In truth, no published clinical or scientific studies supported the use of QLaser devices to treat those and other serious conditions, and the U.S. Food and Drug Administration (FDA) never approved the devices for such uses. To lend credibility and authority to his claims, the potential QLaser purchasers were told “Dr. Lytle” was a “retired” dentist and medical laser expert while omitting the fact that his license to practice dentistry had been permanently revoked for engaging in fraud and material deception.
Lytle and his co-conspirators forged ahead with the fraud even after a federal court ordered them to stop selling and refund all QLaser purchasers in a series of injunctions issued in 2015. In violation of the injunctions, Lytle made false statements to the court and FDA investigators, sent collection letters to QLaser purchasers rather than pay them court-ordered restitution, smuggled hundreds devices out of South Dakota to upstate New York to prevent their seizure, and received a steady stream of income from continued QLaser sales made by Kossovskaia, Weir, and others.
“These defendants exploited elderly victims suffering from chronic, serious medical conditions,” said Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “Protecting Americans from this abhorrent behavior will remain one of the Justice Department’s highest priorities.”
“These defendants were motivated by greed, and they targeted vulnerable people by giving them false hope while fleecing them,” said U.S. Attorney Ron Parsons of the District of South Dakota. “The sentences today should serve as a deterrent to anyone contemplating similar schemes.”
"Unconscionable schemes involving ineffective and worthless medical devices take advantage of the despair and desperation of people who are impaired by chronic debilitating pain and disease. We place the highest priority in ensuring that these types of schemes are investigated and prosecuted aggressively", said U.S. Postal Inspector in Charge Craig Goldberg of the Denver Division, which covers multiple states including South Dakota. "The sentencing of these three perpetrators sends a clear message to those that profit from the misfortunes of others that we will not allow the US Mail to be used to harm our citizens."
The U.S. Postal Inspection Service investigated this case. The case was prosecuted by Trial Attorney Ross S. Goldstein of the Justice Department’s Consumer Protection Branch and Assistant U.S. Attorney Kevin Koliner and retired former Assistant U.S. Attorney Ted McBride of the U.S. Attorney’s Office for the District of South Dakota.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the District of South Dakota, visit its website at https://www.justice.gov/usao-sd.
Fort Thompson Man Sentenced for Failure to RegisterRead the Press Release
United States Attorney Ron Parsons announced that a Fort Thompson, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on April 19, 2018, by U.S. District Judge Roberto A. Lange.
Jordan Traversie, age 27, was sentenced to 15 months in custody, followed by 5 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 January 17, 2018. He pled guilty on February 8, 2018.
The conviction stems from Traversie failing to register as a sex offender as required by federal law between October 23, 2017, and November 1, 2017. Traversie had previously been convicted of a sex offense in federal court which requires him to register until 2039.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Troy R. Morley prosecuted the case. Traversie was immediately turned over to the custody of the U.S. Marshals Service.
U.S. Attorney Announces Indictment of Illinois Woman for Selling Heroin Resulting in Overdose DeathRead the Press Release
United States Attorney Ron Parsons announced that a Rockford, Illinois, woman has been indicted with Distribution of Heroin Resulting in Death in the District of South Dakota as part of a concerted national effort by the U.S. Department of Justice, working closely with state and local law enforcement, to combat opioids by prosecuting drug dealers to hold them accountable for the deaths and serious injuries of overdose victims. Under federal law, anyone who illegally provides a controlled substance to another person who then overdoses from using that substance is subject to a mandatory minimum sentence of at least twenty years in federal prison.
Earlier this month, Stephanie Broecker, age 26, was indicted by a federal grand jury in Sioux Falls for selling the heroin that led to the death of a 30-year-old man in Miner County, South Dakota. The man, identified as K.P. in court documents, was found dead from an apparent heroin overdose at a residence in rural Miner County on November 19, 2017. Broecker was located and arrested in Illinois. She appeared before a federal magistrate judge in the Northern District of Illinois on April 10, 2018, and is currently in the custody of the U.S. Marshals awaiting transfer to South Dakota to face the federal charges. If convicted, Broecker faces a minimum of twenty years and a maximum of life in prison.
“It is a senseless tragedy that we have lost another life because of illegal drugs,” said U.S. Attorney Parsons. “The opioid epidemic has inflicted an unprecedented toll of addiction, suffering and death on communities throughout our nation, and South Dakota has not been untouched. By holding drug dealers directly accountable for the devastation they cause, we help bring some measure of justice to their victims' loved ones and send a powerful message that these crimes will not be tolerated.”
The United States currently faces the deadliest drug crisis in history. In 2016, approximately 64,000 Americans – the equivalent of almost one-third of the population of Sioux Falls – lost their lives to drug overdoses, the fastest increase and highest drug death toll in American history. For Americans under the age of 50, drug overdose is now the leading cause of death. This plague is being driven primarily by opioids – prescription painkillers, heroin, and synthetic drugs like fentanyl, which is 50 times more potent than heroin. Ingesting even a small amount of fentanyl can result in death.
In 2016, 67 South Dakotans died of drug overdoses, more than half of which were classified as opioid poisoning. In 2017, 10 people died from opiate-related overdoses in Minnehaha County alone and it is on track to exceed that number this year. There have been at least three heroin or fentanyl overdose deaths in Sioux Falls in the past month.
Attorney General Jeff Sessions has directed all United States Attorneys to use every available tool to combat this deadly epidemic. The United States Attorney’s Office is committed to this mission and actively working with state, local, and tribal law enforcement to prevent and combat all drug-related deaths in South Dakota. As part of that effort, our District has designated an Assistant United States Attorney to serve as the Opioid Coordinator to implement our strategy in combatting opioids, with a strong focus on prosecuting cases involving prescription opioids, heroin and fentanyl.
Over the past several months, federal prosecutors have been meeting and working with law enforcement agencies across the state to help investigate incidents of overdose, trace the source of the drugs up the chain of distribution, and bring either federal or state charges against those responsible for selling or providing the drugs.
Broecker is the most recent individual to be indicted on federal charges in South Dakota since this initiative began. The United States Attorney’s Office is working closely with the South Dakota Division of Criminal Investigation, the Miner County Sheriff’s Office, the Minnehaha County Coroner’s Office, and the United States Postal Inspection Service in prosecuting this case. Many more such investigations are in progress across the state.
“Every overdose should be considered a crime scene,” said U.S. Attorney Parsons. “Dealers or anyone else who illegally diverts or provides drugs to another should know that any time there is an overdose, we are going to come looking for you. You will be arrested, you will be charged, and you will be held accountable.”
On Wednesday of this week, U.S. Attorney Parsons will be appearing at the joint conference of the South Dakota Police Chiefs’ Association and South Dakota Sheriffs’ Association in Deadwood to discuss coordinated strategies to combat this drug epidemic. “Our state, local, and tribal law enforcement partners do a tremendous job in investigating these crimes,” he said. “My orders are to do everything we can to support them at the federal level and provide additional tools for ensuring that these criminals who are poisoning our communities are stopped.”
The charges and allegations contained in an indictment are merely accusations and defendants are considered innocent unless and until proven guilty.
South Dakota Man Indicted for Assault ChargesRead the Press Release
United States Attorney Ron Parsons announced that a South Dakota man has been indicted by a federal grand jury for two counts of Assaulting, Resisting, and Impeding a Federal Officer.
Dayvon Sanchez, age 19, was indicted on February 14, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 12, 2018, and pled not guilty to the Indictment.
The maximum penalty for each count upon conviction is up to 8 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on November 19, 2017, Sanchez, physically resisted and forcibly kicked multiple Rosebud Sioux Tribe law enforcement officers.
The charges are merely accusations and Sanchez 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.
Sanchez was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Pierre Woman Indicted for Assault ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Pierre, South Dakota, woman has been indicted by a federal grand jury for two counts of Assaulting, Resisting, and Impeding a Federal Officer.
Toni Ladeaux, age 21, was indicted on March 13, 2018. She appeared before U.S. Magistrate Judge Mark A. Moreno on April 12, 2018, and pled not guilty to the Indictment.
The maximum penalty for each count upon conviction is up to 8 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on February 8, 2018, Ladeaux, forcibly kicked multiple Rosebud Sioux Tribe law enforcement officers.
The charges are merely accusations and Ladeaux 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.
Ladeaux was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Mission Man Indicted for Second Degree MurderRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Second Degree Murder.
Narvin James Bordeaux, Jr., a/k/a Narvin Bordeaux, age 55, was indicted on March 13, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 10, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is any term of years up to life 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.
The Indictment alleges that on or about October 3, 2017, Bordeaux killed a man by stabbing him with a knife. The charge is merely an accusation and Bordeaux is presumed innocent until and unless proven guilty.
The investigation is being conducted by the FBI and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case. Bordeaux was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Hermosa Man Charged with Postal CrimesRead the Press Release
United States Attorney Ron Parsons announced that a Hermosa, South Dakota, man was charged in federal district court with Theft of Mail, Access Device Fraud, and Aggravated Identity Theft.
Tobin Nettifee, age 39, was charged on March 20, 2018. He appeared before U.S. Magistrate Judge Daneta Wollmann on April 9, 2018, and pleaded not guilty to the charges.
The maximum penalty upon conviction is 10 years of imprisonment and/or a $250,000 fine, 3 years of supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Nettifee stealing mail from a mailbox and using another person’s identity to obtain credit cards. The charges are merely an accusation and Nettifee is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Postal Inspector. Assistant U.S. Attorney Ben Patterson is prosecuting the case.
Nettifee was detained pending trial. A trial date has not been set.
Volga Man Ordered to Restore Protected Wetlands of the United StatesRead the Press Release
United States Attorney Ron Parsons announced that U.S. District Judge Karen E. Schreier sentenced a Volga, South Dakota man convicted of Disturbing Protected Wetlands of the United States. The sentencing took place on April 9, 2018.
Kevin Jay Mast, age 61, was sentenced to 1 year of probation, ordered to pay a $100 fine, and $10 to the Federal Crime Victims Fund. Mast was also ordered to comply with the restoration of the protected wetlands on his property.
Mast was indicted for Disturbing Protected Wetlands of the United States by a federal grand jury on September 6, 2017. He was found guilty by a jury of his peers on January 18, 2018.
In 1973, the U.S. Fish & Wildlife Service purchased an easement for waterfowl management rights. The easement prohibited the drainage of any wetland areas on the property. In 2010, the U.S. Fish & Wildlife notified Mast that his plan to install drain tile conflicted with the protected wetlands and was not authorized. Despite the warning, Mast installed the drain tile in the fall of 2013. The sentence imposed by the Court requires Mast to restore all six protected wetland areas on his property by August 1, 2018.
“The wetland areas of South Dakota provide crucial habitat for the reproduction of waterfowl, and the U.S. Attorney’s Office strictly enforces protection of these areas. Requiring the defendant to restore the affected wetlands sends an important message, that this type of blatant disregard for the law will not be tolerated,” said U.S. Attorney Parsons.
This case was investigated by the U.S. Fish and Wildlife Service. Assistant U.S. Attorney Jeff Clapper prosecuted the case.