District of South Dakota
Press releases recorded for this federal judicial district.
Mission Man Charged with AssaultRead the Press Release
United States Attorney Ron Parsons announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury and Assault Resulting in Substantial Bodily Injury.
Brandon Jones, age 24, was indicted on November 14, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 6, 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 May 6, 2017, Jones did unlawfully assault two individuals which resulted in serious bodily injury, and assaulted a third individual which resulted in substantial bodily injury.
The charges are merely accusations and Jones is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Service. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Jones remanded to the custody of the U.S. Marshals Service pending trial.
Minnesota Man Sentenced to 110 Months for CarjackingRead the Press Release
United States Attorney Ron Parsons announced that U.S. District Judge Karen E. Schreier sentenced a Dilworth, Minnesota man convicted of Carjacking on April 2, 2018.
Michael Jaime, age 28, was sentenced to 110 months custody, followed by 3 years of supervised release, and was ordered to pay $100 to the Federal Crime Victims Fund. A restitution hearing will be held at a later date.
Jaime was indicted for Carjacking by a federal grand jury on December 6, 2016. He pled guilty on December 27, 2017.
On July 23, 2016, Michael Chase Jaime pointed a handgun at the driver of a Mercedes car in the parking lot of Denny’s Restaurant at the Flying J Truck Stop in Sioux Falls, South Dakota. While inserting a magazine into the handgun, Jaime told the 18 year-old driver and the four teenage passengers that he was taking the car. Jaime and an adult female got into the vehicle and sped away from the scene. Later the same day, officers in Moorhead, Minnesota saw Jaime in the stolen vehicle and attempted to stop him. Jaime, however, failed to stop and the officers discontinued their pursuit after speeds reached 140 miles per hour. The car was found abandoned the next day in Dilworth, Minnesota.
This case was investigated by the Sioux Falls Police Department, the Moorhead, Minnesota, Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Jeff Clapper prosecuted the case.
Jaime was immediately turned over to the custody of the U.S. Marshals Service.
Lower Brule Woman Charged with AssaultRead the Press Release
United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, woman has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Candace Byington, age 36, was indicted on August 16, 2017. She appeared before U.S. Magistrate Judge Mark A. Moreno on April 3, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 8 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on April 27, 2017, Byington forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with a correctional officer of the Bureau of Indian Affairs, while said officer was engaged in the performance of his official duties, and said conduct involved physical contact with the correctional officer.
The charge is merely an accusation and Byington is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Byington was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Three Mission Men Sentenced for Various ChargesRead the Press Release
United States Attorney Ron Parsons announced that three Mission, South Dakota, men were sentenced on March 19th, and March 21, 2018, by U.S. District Judge Roberto A. Lange.
Jeremiah R. Waln, age 36, pled guilty on December 28, 2017, to Larceny, First Degree Burglary, and Possession of a Stolen Firearm. Jeremiah Waln was sentenced to 84 months of custody, followed by 4 years supervised release, a special assessment to the Federal Crime Victims Fund in the amount of $400, and $36,645.83 in restitution.
Jesse J. Waln, age 32, pled guilty to First Degree Burglary and Larceny. He was also found guilty of two counts of Possession of Stolen Firearms as a result of a federal jury trial in Pierre, South Dakota in January 2018. Jesse Waln was sentenced to 70 months of custody, followed by 4 years supervised release, a special assessment to the Federal Crime Victims Fund in the amount of $400, and $14,254.32 in restitution.
Dominic Joseph Stoneman, age 39, pled guilty on December 29, 2017, to Misprision of a Felony. Stoneman was sentenced to 4 months of custody, followed by 1 year supervised release, a special assessment to the Federal Crime Victims Fund in the amount of $100, and $19,771.01 in restitution.
All defendants were indicted by a federal grand jury on January 19, 2017.
The convictions stem from incidents during the weekend of May 22, 2016, and November 11-13, 2016, when the defendants broke into two separate residences located in Mission, ransacked the homes and took many household items, clothes, tools, power tools, an ATV, ammunition, golf clubs, a Michael Jordan poster and 14 firearms. Also during the November 2016 weekend, the defendants cut a fence surrounding Cherry Todd Electric in two areas and took approximately $135 worth of copper wire from the Cherry Todd Electric yard.
The defendants then sold most of the stolen goods and disposed of some of the firearms by trafficking several of the firearms to other individuals. One of the stolen firearms was traded for methamphetamine on the Rosebud Indian Reservation and another was traded for methamphetamine in Rapid City.
Co-defendant Ronald Moran was sentenced to 2 years of probation, with 2 months of home confinement, a special assessment to the Federal Crime Victims Fund in the amount of $100, and $934.41 in restitution.
Co-defendant Danielle White Eyes was sentenced to 13 months of custody, followed by 3 years of supervised release, a special assessment to the Federal Crime Victims Fund in the amount of $200, and $21,690.76 in restitution.
Co-defendant Dakota Marshall was sentenced to 70 months of custody, followed by 3 years of supervised release, a special assessment to the Federal Crime Victims Fund in the amount of $200, and $21,855.46 in restitution.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
All defendants, except for Ronald Moran, were turned over to the custody of the U.S. Marshals Service.
St. Francis Man Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a St. Francis, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on April 2, 2018, by U.S. District Judge Roberto A. Lange.
Anthony Zotti, age 21, was sentenced to 13 months in prison, followed by 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Zotti was indicted by a federal grand jury on June 14, 2017. He pled guilty on October 17, 2017.
The conviction stemmed from an incident that occurred on May 24, 2017. On that date a Rosebud Sioux Tribe Law Enforcement Services officer responded to a request for assistance, in St. Francis, where Zotti was engaged in a fight with another man. The officer separated the men and placed Zotti in his patrol vehicle. Zotti began banging his head against the window while sitting in the patrol vehicle. The officer then transported Zotti to the Rosebud Indian Health Services Hospital for treatment for a wound on his head. While he was being treated, Zotti became combative and attempted to kick the officer. Zotti then grabbed the officer’s hand and bit him. Zotti furthermore verbally threatened the officer and his family.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Zotti was immediately turned over to the custody of the U.S. Marshals Service.
Allen Man Pleads Not Guilty to Being an Accessory to Second Degree Murder and Making False StatementsRead the Press Release
United States Attorney Ron Parsons announced that an Allen, South Dakota, man has been indicted by a federal grand jury for Accessory after the Fact and False Statement or Representation.
Nathaniel "Thomas" Waters, age 45, appeared before U.S. Magistrate Judge Daneta Wollmann and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is 15 years in custody and/or a $125,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Waters being an accessory to second degree murder of his nephew, Ray Waters, Jr., on October 16, 2017, at Allen. Waters provided false statements to law enforcement about his location at the time of a fire and the homicide.
The charges are merely accusations and Waters is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, Federal Bureau of Investigation, and Bureau of Alcohol, Tobacco, Firearms & Explosives. Assistant U.S. Attorney Megan Poppen is prosecuting the case.
Waters was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for June 26, 2018.
If you have information concerning this crime, please contact FBI Special Agent Robert Bennett at 605-343-9632.
Trio Pled Not Guilty to Conspiracy to Manufacture and Pass Counterfeit United States CurrencyRead the Press Release
United States Attorney Ron Parsons announced that a trio with ties to Oklahoma and North Carolina have been indicted by a federal grand jury for Conspiracy to Manufacture Counterfeit United States Currency and Passing of Counterfeit United States Currency.
Michael Glenn Ogden, age 37, Mary Ellen Autry, age 40, and Marcus Paul Franklin, age 41, were indicted on March 20, 2018. They appeared before U.S. Magistrate Judge Daneta Wollmann on March 20, 2018, and pleaded 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 charges relate to the trio using printers, paper, and chemicals to convert legitimate $10 U.S. currency bills into counterfeit $100 U.S. currency bills. Using this equipment, they manufactured and passed thousands of dollars of counterfeit U.S. $100 bills in South Dakota and other states.
The charges are merely accusations and Ogden, Autry, and Franklin are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rapid City Police Department and the United States Secret Service. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Ogden, Autry, and Franklin were remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for May 29, 2018.
Rapid City Man Indicted on Child Pornography ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man was charged in federal district court with Receipt of Child Pornography and Possession of Child Pornography.
Caleb Oien, age 22, was charged on March 20, 2018. Oien appeared before U.S. Magistrate Judge Daneta Wollmann on March 26, 2018, and pleaded not guilty to the charges. The penalty upon conviction is a mandatory minimum of 5 years up to 20 years in prison and/or a $250,000 fine, a minimum of 5 years up to lifetime supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Oien knowingly receiving and possessing images of child pornography between July 2017 and January 2018 at Rapid City. The charges are merely an accusation and Oien is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Internet Crimes Against Children Taskforce. Assistant U.S. Attorney Sarah Collins is prosecuting the case.
Oien was released pending trial. A trial date has not been set.
Pierre Man Charged for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Pierre, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
William Rivers, age 61, was indicted on February 14, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 29, 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.
Rivers was convicted of Sexual Abuse in June 1992. As a result of this conviction, he is required to register as a sex offender. It is alleged that between December 11, 2017, and December 30, 2017, Rivers, 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 Rivers 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.
Rivers was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for June 12, 2018.
Parmelee Man Charged with Aggravated Sexual AbuseRead the Press Release
United States Attorney Ron Parsons announced that a Parmelee, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Minor.
Mason Neck, age 28, was indicted on February 14, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 29, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, any term years, not less than 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between June 30, 2016, and August 9, 2016, Neck knowingly attempted to engage in a sexual act with a minor victim.
The charge is merely an accusation and Neck is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Neck was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for June 26, 2018.
Chamberlain Man Charged with Sexual AbuseRead the Press Release
United States Attorney Ron Parsons announced that a Chamberlain, South Dakota, man has been indicted by a federal grand jury for two counts of Aggravated Sexual Abuse of a Child.
James Blue, Jr., a/k/a “BJ”, age 37, was indicted on March 13, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 29, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $500,000 fine, up to life of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on multiple occasions between 2011 and 2015, Blue knowingly engaged in, and attempted to engage in, sexual acts with two separate victims who has not attained the age of 12.
The charges are merely accusations and Blue is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Blue was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Wounded Knee Man Pleads Guilty to Second Degree MurderRead the Press Release
United States Attorney Ron Parsons announced Darwin Wade Red Cloud, a/k/a Darwin Raisch, 25, of Wounded Knee, South Dakota, appeared before U.S. Magistrate Judge Daneta Wollmann on March 22, 2018, and pleaded guilty to Second Degree Murder.
The Magistrate Judge recommended Red Cloud’s plea be accepted by the District Court. The maximum penalty upon conviction is life imprisonment and/or a $250,000 fine.
Between August 2014 and October 2014, at Wounded Knee, Red Cloud knowingly failed to provide sufficient sustenance to an infant, which resulted in the baby’s death.
The investigation was conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs Office of Justice Services. The case is being prosecuted by Assistant U.S. Attorney Sarah Collins.
A presentence investigation was ordered and a sentencing date will be set. Red Cloud was remanded to the custody of the U.S. Marshals pending acceptance of his plea and sentencing
Rapid City Man Charged with Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Troy Sampson, age 40, was indicted on March 20, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 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, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or between December 1, 2017, and January 20, 2018, Sampson, a person required to register under the Sex Offender Registration and Notification Act, did fail to register and update his registration.
The charge is merely an accusation and Sampson is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Office. 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.
St. Francis Man and Woman Charged with Drug ChargesRead the Press Release
United States Attorney Ron Parsons announced that a St. Francis, South Dakota, couple has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance and Possession with Intent to Distribute a Controlled Substance.
Vinessa Farmer, a/k/a Vinessa Kills In Water, age 42, and Robert Kills In Water, age 40, were indicted on February 14, 2018. They appeared before U.S. Magistrate Judge Mark A. Moreno on March 19, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $500,000 fine, 4 years of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between August 1, 2012, and August 22, 2017, Farmer and Kills In Water, along with a third accomplice, knowingly and intentionally combined, conspired, confederated, and agreed with others to distribute marijuana, a Schedule I controlled substance.
The Indictment also alleges that on August 22, 2017, Farmer and Kills In Water knowingly and intentionally possessed marijuana with intent to distribute it in Todd County.
The charges are merely accusations and Farmer and Kills In Water are 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 and Kills In Water were released on bond pending trial, which has not been set.
St. Francis Man Indicted for Assault ChargesRead 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 Assault With a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and Assaulting, Resisting, and Impeding a Federal Officer.
Sylvan White Hat, Jr., a/k/a Bud White Hat, age 37, was indicted on March 13, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 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, 2 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on October 16, 2017, White Hat assaulted an individual with shod feet with the intent to do bodily harm, and that the assault resulted in serious bodily injury. The Indictment further alleges that White Hat assaulted two Rosebud Sioux Tribe Law Enforcement Services officers on the same date.
The charges are merely accusations and White Hat is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
White Hat was released on bond pending trial. A trial date has not been set.
Rosebud Man Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer with a Dangerous Weapon was sentenced on March 19, 2018, by U.S. District Judge Roberto A. Lange.
Robert Lee Burnette, a/k/a Robert Small Bear, Jr., a/k/a Robert Small Bear, a/k/a B.J. Small Bear, age 24, was sentenced to 7 months in prison, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Burnette was indicted by a federal grand jury on August 16, 2017. He pled guilty on December 29, 2017.
The conviction stemmed from an incident that occurred on July 14, 2017, in the North Antelope Community, near Mission, South Dakota. On that evening, Rosebud Sioux Tribe Law Enforcement Services received a call that Burnette was drunk and causing a disturbance at a residence in North Antelope. An officer arrived to find Burnette standing in the street brandishing a knife, and yelling at another man, who was holding a bar. The officer drew his duty weapon, aimed it at Burnette, ordered him to drop the knife, and ordered the other man to back up. The other man complied and put down the bar. Burnette ignored the officer’s repeated commands and began to approach the other man, brandishing the knife and yelling. As Burnette walked past the officer and neared the other man, the officer fired at Burnette, wounding him in the buttocks. Burnette then went to the ground and complied with a command to drop the knife. Burnette was subsequently hospitalized for his injuries.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Burnette was immediately turned over to the custody of the U.S. Marshals Service.
Rosebud Man Indicted for Assault ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Assault With a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Cassius Farmer, age 24, was indicted on February 14, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 21, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in prison and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on December 9, 2017, Farmer assaulted an individual with a club with the intent to do bodily harm and that the assault resulted in serious bodily injury.
The charges are merely accusations 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 Kirk Albertson is prosecuting the case.
Farmer was released on bond pending trial. A trial date has not been set.
Rapid City Man Charged with Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Jasyn Curley, age 23, was indicted on March 20, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 22, 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, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or between January 4, 2018, and January 17, 2018, Curley, a person required to register under the Sex Offender Registration and Notification Act, did fail to register and update his registration.
The charge is merely an accusation and Curley is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Office. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Curley was remanded to the custody of the U.S. Marshals Service pending trial.
Porcupine Man Found Guilty of Assault and Firearm ChargesRead the Press Release
United States Attorney Ron Parsons announced that Kison Robertson, age 45, was found guilty of Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and Discharge of a Firearm During the Commission of a Crime of Violence following a federal trial in Rapid City, South Dakota. The jury returned the verdict on March 21, 2018.
The charges carry a mandatory minimum sentence of 10 years’ custody, up to a maximum penalty of up to life in custody and/or a $250,000 fine, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Evidence at trial established Robertson shot a man in his stomach following a fight at Porcupine on March 30, 2017. This assault resulted in the victim suffering serious bodily injury.
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 and tried the case.
A sentencing date was set for June 22, 2018. Robertson was remanded to the custody of the U.S. Marshals Service pending sentencing.
Manderson Man Charged in ShootingRead the Press Release
United States Attorney Ron Parsons announced that a Manderson, South Dakota, man was charged in federal district court with Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and Discharging, Brandishing, or Possessing a Firearm During and in Relation to a Crime of Violence.
Elijah West, age 20, was charged on February 20, 2018. He appeared before U.S. Magistrate Judge Daneta Wollmann on March 16, 2018, and pleaded not guilty to the charges. The maximum penalty upon conviction is life imprisonment and/or a $250,000 fine, 5 years of supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to West shooting two women near Porcupine in February 2018. The charges are merely an accusation and West is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs Office of Justice Services and the Oglala Sioux Tribe Police Department. Assistant U.S. Attorney Ben Patterson is prosecuting the case.
West was detained pending trial.
Lower Brule Woman Charged with AssaultRead the Press Release
United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, woman has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Megan Crazy Bull, age 22, was indicted on February 14, 2018. She appeared before U.S. Magistrate Judge Mark A. Moreno on March 21, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 44 years in custody and/or a $1,000,000 fine, 13 years of supervised release, and up to $400 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on November 10, 2017, January 4, 2018, and also on January 18, 2018, Crazy Bull forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with five correctional officers and one law enforcement officer, while all the officers were engaged in the performance of their official duties, and said conducts involved physical contact with the officers.
The charges are merely accusations and Crazy Bull is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Crazy Bull was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for May 1, 2018.
Georgia Man Sentenced for Receipt of Child PornographyRead the Press Release
United States Attorney Ron Parsons announced that a Gordon, Georgia, man convicted of Receipt of Child Pornography was sentenced on March 9, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Marshall Brown, age 27, formerly of Ellsworth Air Force Base, was sentenced to 8 years of imprisonment, followed by 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Brown 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 Brown communicating with someone he believed to be a minor for the purpose of engaging in sexual acts and sending pornographic images of himself to the minor. After the execution of a search warrant on Brown’s phone, law enforcement discovered pornographic images of a separate15 year-old minor.
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.
Brown was immediately remanded to the custody of the U.S. Marshals Service.
Fort Thompson Woman Sentenced for Methamphetamine ChargesRead the Press Release
United States Attorney Ron Parsons announced that a Fort Thompson, South Dakota, woman charged with Conspiracy to Distribute a Controlled Substance was sentenced on March 19, 2018, by U.S. District Judge Roberto A. Lange.
Ashley Ross, age 30, was sentenced to 168 months in custody, followed by 5 years of supervised release, a fine of $1,000, and a special assessment of $100 to the Federal Crime Victims Fund.
Ross was indicted by a federal grand jury on June 14, 2017, for Conspiracy to Distribute a Controlled Substance and Possession with Intent to Distribute a Controlled Substance. Ross plead guilty on December 29, 2017.
The conviction is a result of Ross receiving distributable quantities of methamphetamine and distributing it in South Dakota beginning in January of 2015. It was reasonably foreseeable to Ross that over 1.5 kilograms of methamphetamine would be distributed during the course of the conspiracy. This methamphetamine was distributed by Ross on the Crow Creek and Lower Brule Indian reservations.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force, Rosebud Sioux Tribe Law Enforcement Services, Bureau of Indian Affairs Crow Creek Agency, and the Sioux Falls Police Department. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Ross was immediately turned over to the custody of the U.S. Marshals Service.
Fort Thompson Man Charged with Embezzlement and TheftRead the Press Release
United States Attorney Ron Parsons announced that a Fort Thompson, South Dakota, man has been indicted by a federal grand jury for Embezzlement and Theft from an Indian Tribal Organization.
Christopher Rabbit, age 42, was indicted on March 13, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 20, 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 December 1, 2016, and July 31, 2017, Rabbit embezzled, stole, willfully misapplied and permitted to be misapplied, and converted to his own use more than $1,000 of monies, funds, credits, goods, assets, and other property belonging to the Crow Creek Sioux Tribe Solid Waste Management Program, an Indian Tribal organization.
The charge is merely an accusation and Rabbit is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Rabbit was released on bond pending trial, which has not been set.
Eagle Butte Man Sentenced for Possession of a Firearm by a Prohibited Person and Failure to AppearRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man convicted of Possession of Firearm by a Prohibited Person and Failure to Appear was sentenced on March 22, 2018, by U.S. District Judge Roberto A. Lange.
Colten Walker Dolphus, age 31, was sentenced to 15 months in custody for Possession of a Firearm by a Prohibited Person and 3 months in custody for Failure to appear, to be run consecutively, followed by 3 years of supervised release, forfeiture of two firearms and ammunition, and a special assessment of $200 to the Federal Crime Victims Fund.
Dolphus was indicted by a federal grand jury on June 14, 2017, for Possession of a Firearm by a Prohibited Person and a Superseding Indictment was filed on December 5, 2017, for Failure to Appear. Dolphus pled guilty to both charges on December 29, 2017.
The firearms charges against Dolphus stem from a traffic stop conducted by the Cheyenne River Sioux Tribal Police on December 9, 2016, on a vehicle in which he was a passenger. At the time of the stop, law enforcement seized a rifle from the front seat of the vehicle, and a 12 gauge sawed off shotgun located in the back seat next to where Dolphus was sitting. He admitted to smoking marijuana on the date of the traffic stop and regularly prior to that time. A blood sample taken from Dolphus tested positive for methamphetamine and marijuana. He admitted that he owned both firearms and agreed to forfeit both of them and the ammunition seized by law enforcement. Besides his drug use, Dolphus also had a prior misdemeanor domestic violence conviction that prohibited him from possessing a firearm.
The failure to appear charges stem from Dolphus’ failure to attend his initial change of plea hearing scheduled for November 14, 2017.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotic Division. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Dolphus was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for Distribution of a Controlled SubstanceRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man charged with Distribution of a Controlled Substance was sentenced on March 19, 2018, by U.S. District Judge Roberto A. Lange.
Eunice Jamiel Smart, age 28, was sentenced to 6 months in custody, followed by 3 years of supervised release, a $1,000 fine, and a special assessment of $100 to the Federal Victims Fund.
Smart was indicted by a federal grand jury on April 12, 2017, for Distribution of a Controlled Substance. Smart pled guilty on December 19, 2017.
On three occasions, September 10, 22, and 23, 2016, in Eagle Butte, Smart knowingly and intentionally distributed methamphetamine, a Schedule II controlled substance.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Smart was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for ArsonRead the Press Release
United States Attorney Ron Parsons announced that an Eagle Butte, South Dakota, man convicted of Arson was sentenced on March 20, 2018, by U.S. District Judge Roberto A. Lange.
Stuart Turning Heart, age 44, was sentenced to 42 months in custody, followed by 3 years of supervised release, $790 in restitution to the victim, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Turning Heart was indicted by a federal grand jury on November 14, 2017. He pled guilty on December 29, 2017.
The conviction stems from an incident on August 14, 2017, when Turning Heart and his girlfriend had been drinking at a friend’s residence in Eagle Butte, and were asked to leave by the owner as they were being disrespectful and disorderly. The owner then went to the Dollar Store in Eagle Butte, and when he arrived back to his residence a short time later, it was on fire. Law enforcement was called immediately.
During the investigation, law enforcement learned that Turning Heart’s girlfriend saw Turning Heart come running from the victim’s home and say “I finally lit it, I lit the house on fire.” She looked up and saw smoke coming from the house. Law enforcement also interviewed two witnesses who stated that Turning Heart admitted to each of them separately that he had lit the home on fire and was laughing and joking about it.
ATF was called and completed an investigation. They concluded that the fire started at the back of the home where a mattress was lit on fire.
This case was investigated by the Cheyenne River Sioux Tribe and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Turning Heart was immediately turned over to the custody of the U.S. Marshals Service.
Chamberlain Woman Charged with Embezzlement and TheftRead the Press Release
United States Attorney Ron Parsons announced that a Chamberlain, South Dakota, woman has been indicted by a federal grand jury for Embezzlement and Theft from an Indian Tribal Organization.
Lana Steele, age 53, was indicted on March 13, 2018. She appeared before U.S. Magistrate Judge Mark A. Moreno on March 19, 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 2013 and November 2015, Steele embezzled, stole, willfully misapplied and permitted to be misapplied, and converted to her own use more than $1,000 of monies, funds, credits, goods, assets, and other property belonging to the Crow Creek District Business Committee, an Indian Tribal organization.
The charge is merely an accusation and Steele is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Steele was released on bond pending trial, which has not been set.
Wounded Knee Man Sentenced for Child AbuseRead the Press Release
United States Attorney Ron Parsons announced that a Wounded Knee, South Dakota, man convicted of Felony Child Abuse and Neglect was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Antuwon Hawk Wing, age 19, was sentenced on March 7, 2018, to time served, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Hawk Wing was charged on March 21, 2017. The charge relates to Hawk Wing assaulting a two-year old at Kyle in March 2017, causing extensive bruising, a fractured clavicle, and a lung injury.
This case was investigated by the FBI and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Winner Man Sentenced for Attempted Receipt of Child PornographyRead the Press Release
United States Attorney Ron Parsons announced that a Winner, South Dakota, man convicted of Attempted Receipt of Child Pornography was sentenced on March 9, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Duane Hosek, age 62, was sentenced to 5 years of imprisonment, followed by 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Hosek 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 willing to pay to have sex with underage girls or boys obtained through the Internet. The conviction stemmed from Hosek communicating with someone he believed to be a minor for the purpose of engaging in sexual acts, and requesting that the minor send pornographic images to Hosek.
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.
Hosek was immediately remanded to the custody of the U.S. Marshals Service.
St. Francis Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Ron Parsons announced that a St. Francis, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on March 8, 2018, by U.S. District Judge Roberto A. Lange.
Israel Left Hand Bull, age 34, was sentenced to 12 months and 1 day in prison, followed by 5 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.
Left Hand Bull was indicted on October 17, 2017. He pled guilty on December 29, 2017.
Left Hand Bull was convicted of Abusive Sexual Contact in January 2012. As a result of this conviction, he is required to register as a sex offender. In April 2017, Left Hand Bull was released from custody and began a term of supervised release. He initially registered and resided at a residence in St. Francis. In September 2017, it was discovered that he had been living at a different residence in West St. Francis for approximately a month and had not updated his registration.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Left Hand Bull was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced to 97 Months for Distribution and Receipt of Child PornographyRead the Press Release
United States Attorney Ron Parsons announced that U.S. District Judge Karen E. Schreier sentenced a Sioux Falls, South Dakota, man convicted of distribution and receipt of child pornography on March 15, 2018.
Eric VanEmmerik, age 46, was sentenced to 97 months custody, followed by 5 years of supervised release, ordered to pay $100 to the Federal Crime Victims Fund, and forfeit his computer.
VanEmmerik was indicted for distribution and receipt of child pornography by a federal grand jury on December 6, 2016. He pled guilty on December 11, 2017.
On September 11, 2016, a detective with the Minnehaha County Sheriff's Office discovered that VanEmmerik distributed child pornography on the internet. When members of the Internet Crimes Against Children Task Force searched his home, they found his computer with thousands of photos of child pornography. VanEmmerick immediately confessed that he had been viewing and downloading child pornography for years.
This case was investigated by the Minnehaha County Sheriff's Office and Homeland Security Investigations. The case was prosecuted by Assistant U.S. Attorney Jeff Clapper.
VanEmmerik was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Woman Sentenced for Felony Child Abuse and NeglectRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, woman convicted of Felony Child Abuse and Neglect was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Darcel Featherman, age 34, was sentenced on March 8, 2018, to 3 years of probation, ordered to pay a $100 special assessment to the Federal Crime Victims Fund, and $4,293 in restitution to the Social Security Administration.
Featherman was indicted for the charge by a federal grand jury on May 23, 2017. The charge related to Featherman giving temporary custody of her children to her mother and sister, knowing that they were unable to care for the children.
On November 11, 2016, law enforcement found the two young children starving, and they were transported to Rapid City Regional and hospitalized for starvation. The attending physician stated the children were extremely emaciated. The physician advised law enforcement that this was the worst case of child abuse he had ever seen in his experience as a physician, and if the children had not been found, they would have passed from chronic starvation.
This case was investigated by the Oglala Sioux Tribe Department of Public Safety and the FBI. Assistant U.S. Attorneys Megan Poppen and Sarah Collins prosecuted the case.
Rapid City Man Sentenced for Money Laundering and Bank FraudRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Money Laundering and Bank Fraud was sentenced on March 9, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Steven Knigge, age 71, was sentenced to 24 months of imprisonment, followed by 3 years of supervised release, and was ordered to pay a $200 special assessment to the Federal Crime Victims Fund and $31,793.60 in restitution.
Knigge was charged on March 22, 2016. The charges related to Knigge, an auditor and former fraud investigator for the South Dakota Department of Revenue, participating in a scheme in which e-mails were sent to various banks across the United States containing false and fraudulent information. The writer claimed to be an account holder, and instructed bank employees to wire large amounts of money to a separate bank account in South Dakota belonging to Knigge. In each case, the account holder’s e-mail address had either been hacked or mimicked using an e-mail address that closely resembled the bank customer’s actual e-mail address. A total of five banks were targeted, two of which transferred the money to Knigge’s account. When the money arrived, Knigge took a large portion of the money and sent it overseas using MoneyGram and Western Union.
This case was investigated by Internal Revenue Service – Criminal Investigation and the FBI. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Rapid City Man Sentenced for Illegally Possessing a FirearmRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Nathanial Geiger, age 33, was sentenced on March 8, 2018, to 7 years of imprisonment, followed by 3 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Geiger was charged on March 21, 2017. The charge related to Geiger, a previously convicted felon, illegally being in possession of a Remington, model Sportsman 58, 12-gauge shotgun in Rapid City on February 22, 2017.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Rapid City Man Sentenced for Escape from CustodyRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Escape from Custody was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Daryl Plumman, age 25, was sentenced on March 7, 2018, to 4 months in custody and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Plumman was indicted for the charge by a federal grand jury on August 22, 2017. The charge related to escaping from the custody of the Bureau of Prisons at the Community Education Centers, previously known as Community Alternatives of the Black Hills, where he was in custody on August 17, 2017.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Plumman was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Charged with Illegally Possessing FirearmsRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man was charged in federal district court with two counts of Possession of a Firearm by a Prohibited Person.
Joseph Marr, age 24, was charged on February 21, 2018. He appeared before U.S. Magistrate Judge Daneta Wollmann on March 7, 2018, and pleaded not guilty to the charges. The maximum penalty upon conviction is 15 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 Marr illegally possessing two pistols between April and June 2017 at Rapid City. The charges are merely an accusation and Marr is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Ben Patterson is prosecuting the case.
Marr was detained pending trial. A trial date has not been set.
Pine Ridge Woman Sentenced for Felony Child Abuse and NeglectRead the Press Release
United States Attorney Ron Parsons announced that a Pine Ridge, South Dakota, woman convicted of Felony Child Abuse and Neglect was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Darshan Featherman, age 31, was sentenced on March 7, 2018, to 10 years in custody, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund
Featherman was indicted for the charge by a federal grand jury on December 6, 2016. The charge related to Featherman and others intentionally starving two young children, one of whom had been placed in Featherman’s custody.
On November 11, 2016, the two young children were transported to Rapid City Regional and hospitalized. The attending physician stated the children were extremely emaciated. The physician advised law enforcement that this was the worst case of child abuse he had ever seen in his experience as a physician, and if the children had not been found, they would have died from chronic starvation.
This case was investigated by the Oglala Sioux Tribe Department of Public Safety and the FBI. Assistant U.S. Attorneys Megan Poppen and Sarah Collins prosecuted the case.
Featherman was immediately turned over to the custody of the U.S. Marshals Service.
Lower Brule Woman Sentenced for Methamphetamine Charges and Assault on a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, woman charged with Conspiracy to Distribute and Possession with the Intent to Distribute Methamphetamine and Assaulting, Resisting, and Impeding a Federal Officer was sentenced on March 8, 2018, by U.S. District Judge Roberto A. Lange.
Samantha Dolezal, age 25, was sentenced to 54 months in custody, followed by 3 years of supervised release, and a fine of $1,000 on the Conspiracy to Distribute Methamphetamine felony, and 18 months custody on the Assaulting a Federal Officer felony, to run concurrent with the 54 month sentence. Dolezal was also ordered to pay a special assessment to the Federal Crime Victims fund in the amount of $200.
The methamphetamine conviction is a result of Dolezal receiving distributable quantitates of methamphetamine and distributing it in South Dakota beginning in January of 2015. It was reasonably foreseeable to Dolzeal that between 200-350 grams of methamphetamine was distributed during the course of the conspiracy. This methamphetamine was distributed by Dolzeal on the Crow Creek and Lower Brule Indian reservations.
Dolezal’s resisting and assaulting a federal officer conviction comes from an incident on August 21, 2016, when a BIA officer attempted to pull over a stolen vehicle that was being driven by Dolezal. She did not stop and a high speed chase ensued with speeds in excess of 100 mph. Dolezal stopped the vehicle where a foot pursuit began. Dolezal ran into a stranger's home and refused to answer the door, but the officer was able to open the door slightly by putting his arm through the door to deploy his OC spray. While the officer’s arm was in the door opening, Dolezal slammed the door on the officer’s arm causing pain. After another foot pursuit began, the officer caught up with Dolezal and was able to arrest her.
The investigation was conducted by the Federal Bureau of Investigation, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorneys SaraBeth Donovan and Meghan Dilges prosecuted the cases.
Dolezal was immediately turned over to the custody of the U.S. Marshals Service.
Lower Brule Man Sentenced for Sexual AbuseRead the Press Release
United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, man convicted of Sexual Abuse was sentenced on March 7, 2018, by U.S. District Judge Roberto A. Lange.
James St. Cloud, age 37, was sentenced to 156 months in custody, followed by 8 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100. St Cloud was further sentenced to an additional 24 months in custody, consecutive to the 156-month sentence, for violating the terms of his supervised release. This results in a 15-year sentence for St. Cloud.
St. Cloud was indicted by a federal grand jury on December 14, 2016. He pled guilty on December 6, 2017.
The conviction stems from an incident on September 16, 2016, when the 16-year-old victim and her friend were walking along a road in Lower Brule. They were approached by a Jeep being driven by St. Cloud, who is related to the victim. St. Cloud, along with his girlfriend, offered the girls a ride and they accepted.
Once inside the Jeep, the girls were offered alcohol to drink. They began to drink and drive around Lower Brule. While in Lower Brule, they stopped at a house and picked up St. Cloud’s 19-month-old son. They drove to another house so that St. Cloud’s girlfriend could use the bathroom, and while she was inside, St. Cloud left with the victim, her friend, and his 19-month-old son in the Jeep.
St. Cloud drove down near the river. The victim’s friend was passed out in the back seat. The victim passed out in the driver’s seat and when she awoke, St. Cloud was having sex with her. She tried to kick and honk the horn, but she was too drunk to move. St. Cloud admitted to having sexual intercourse with the victim while she was incapable of consenting to the sexual intercourse.
St. Cloud was convicted in 1999 of Aggravated Sexual abuse in violation of 18 USC 2241(a). At the time he committed the instant offense, St. Cloud was on supervised release.
This case was investigated by the FBI. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
St. Cloud was immediately turned over to the custody of the U.S. Marshals Service.
Lower Brule Man Charged with Sexual Abuse and AssaultsRead the Press Release
United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse, Assault of a Spouse by Strangulation, and Domestic Assault by an Habitual Offender.
Cody Crazy Bull, age 27, was indicted on February 14, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 7, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $750,000 fine, up to life of supervised release, and up to $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between October 14, 2017, and October 17, 2017, Crazy Bull knowingly caused and attempted to cause his dating partner to engage in a sexual act, by the use of force. He is also alleged to have unlawfully assaulted the same victim by strangling and suffocating her.
Crazy Bull is alleged to have unlawfully committed the above domestic assaults upon his partner when he had a final conviction, on at least two separate occasions, for offenses that would have been, if subject to federal jurisdiction, an assault against a spouse and intimate partner.
The charges are merely accusations and Crazy Bull is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Crazy Bull was remanded to the custody of the U.S. Marshals Service pending trial. A jury trial has been scheduled for May 1, 2018.
Kyle Man Sentenced for Assaulting a WomanRead the Press Release
United States Attorney Ron Parsons announced that a Kyle, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Jeremy Lee Old Horse, age 32, was sentenced on March 6, 2018, to 27 months of imprisonment, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Old Horse was charged on January 24, 2017. The conviction stems from Old Horse stabbing a woman in the arm during an argument at Wounded Knee in July 2016. The assault caused a laceration, which required several stiches,
This case was investigated by the Bureau of Indian Affairs Office of Justice Services and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
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, Assault Resulting in Serious Bodily Injury, and Assault Resulting in Substantial Bodily Injury to an Intimate Partner.
Benjamin Morrison, age 37, was indicted on March 13, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 15, 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 February 25, 2018, Morrison did unlawfully assault an individual with a dangerous weapon, that is, shod feet with the intent to do bodily harm, and said assault did result in serious bodily injury to an intimate partner.
The charges are merely an accusation and Morrison 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.
Morrison was released on bond, subject to conditions, pending trial. A trial date has not been set.
Mission Man Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Ron Parsons announced that Roger Watts, age 34, of Mission, South Dakota, convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on March 7, 2018, by United States District Judge Roberto A. Lange.
Roger Watts was sentenced to 126 months in prison, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Watts was indicted by a federal grand jury on February 15, 2017. He was convicted following a two-day jury trial in Pierre, South Dakota.
The charge stems from an incident that occurred on January 20, 2017, in the North Antelope Community near Mission. On that date, Rosebud Sioux Tribe Law Enforcement Services officers were investigating an allegation that Watts had stolen property and questioned him at a home in North Antelope. After being questioned, Watts was informed he was being arrested. Watts became combative and charged at one of the officers, physically engaging him. A struggle ensued and the officer sustained a knee injury during the struggle.
“Tribal law enforcement officers, like all law enforcement officers, have a tough and often dangerous job,” said U.S. Attorney Parsons. “An attack on one of them is an attack on all of us and can never be tolerated. Unfortunately, this is not the first time this Defendant has been convicted of assaulting a Rosebud Sioux Tribe Law Enforcement Services officer. The sentence in this case reflects the severe penalties that a defendant faces when he chooses to assault an officer, particularly when he has a history of such criminal behavior.”
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Watts was immediately remanded to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Attempted Transfer of Obscene Material to a MinorRead the Press Release
United States Attorney Ron Parsons announced that a Rapid City, South Dakota, man convicted of Attempted Transfer of Obscene Material to a Minor was sentenced on March 2, 2018, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Cody Two Lance, age 35, was sentenced to 21 months of imprisonment, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Two Lance 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 willing to pay to have sex with underage girls or boys obtained through the Internet. The conviction stemmed from Two Lance communicating with someone he believed to be a minor for the purpose of engaging in sexual acts and sending pornographic images of himself to the minor.
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.
Two Lance was immediately remanded to the custody of the U.S. Marshals Service.
Kadoka Woman Sentenced for Wire FraudRead the Press Release
United States Attorney Ron Parsons announced that a Kadoka, South Dakota, woman convicted of Wire Fraud was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Tammy Twiss, a/k/a Tammy Eisenbraun, age 39, was sentenced on March 1, 2018, to 2 months in custody, followed by 3 years of supervised release to include 4 months of home confinement, $12,061.33 in restitution, and a $100 special assessment to the Federal Crime Victims Fund
Twiss was indicted for the charge by a federal grand jury on November 16, 2016. The charge related to Twiss using her ex-husband’s name, along with his parents’ banking information, to conduct fraudulent wire transfers. Twiss electronically withdrew in excess of $20,000 from her ex-in-laws’ bank account in 2016.
This case was investigated by the U.S Postal Service. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Twiss must self-surrender to the custody of the U.S. Marshals Service on March 15, 2018.
Winner Man Charged with Failure to RegisterRead the Press Release
United States Attorney Ron Parsons announced that a Winner, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Michael Lovejoy, Jr., age 35, was indicted on February 14, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 22, 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, a mandatory minimum of at least 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between May 28, 2017, and September 17, 2017, Lovejoy, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under state law, knowingly failed to register and update his registration.
The charge is merely an accusation and Lovejoy is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Lovejoy was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Lower Brule Man Charged with Sexual AbuseRead the Press Release
United States Attorney Ron Parsons announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse of a Person Incapable of Consent.
Gregory Laroche, Sr., age 52, was indicted on February 14, 2018. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 23, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, mandatory minimum of 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on November 14, 2017, Laroche knowingly engaged in, and attempted to engage in, a sexual act with a female victim, who at the time was incapable of appraising the nature of the conduct and was physically incapable of declining participation in and communicating her unwillingness to engage in the sexual act, and Laroche knew she was incapacitated.
The charge is merely an accusation and Laroche is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Laroche was released on bond pending trial. A trial date has not been set.
Little Eagle Man Charged with Domestic Assault Appears in Federal CourtRead the Press Release
United States Attorney Ron Parsons announced that a Little Eagle, South Dakota, man has been indicted by a federal grand jury for Domestic Assault by an Habitual Offender.
Milo Reuben Red Tomahawk, age 38, was indicted on February 6, 2018. He appeared before U.S. Magistrate Judge William D. Gerdes on February 27, 2018, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to five years of imprisonment and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
According to the Indictment, Red Tomahawk unlawfully committed a domestic assault upon the victim, when at the time of the domestic assault, he had a final conviction on at least two separate prior occasions for offenses that would have been, if subject to federal jurisdiction, an assault against a spouse and intimate partner. This assault took place in May of 2017.
The charges are merely accusations and Red Tomahawk is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs-Office of Justice Services and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.
Red Tomahawk was ordered detained pending trial. A trial date has not been set.
Guardians Project Results in Multiple Defendants Facing New Federal Indictments and SentencingRead the Press Release
United States Attorney Ron Parsons announced the indictments and sentencing in cases, all of which are separately noted below, that were brought pursuant to the U.S. Attorney’s Office’s Guardians Project. The Guardians Project is 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.
Six Individuals Facing Federal Charge for Retaliating Against Witness of a Previous Fraud Case
Tally Colombe, age 43, Fort Worth, Texas; Elnita Rank, age 81, Fort Thompson, South Dakota; Kristal Hawk, age 57, Fort Thompson; Ronda Hawk, age 60, Fort Thompson; Tiffany Monteau age 43, Chamberlain; and Stefan Monteau, age 26, Fort Thompson, were indicted on February 6, 2018, for Conspiracy to Retaliate Against a Witness. All of these defendants, except Tally Colombe, appeared before U.S. Magistrate Judge Mark A. Moreno in February 2018, and all pled not guilty to the Indictment.
Tally Colombe is currently serving a federal sentence of imprisonment in Texas, and she will make her appearance at a later date. Colombe was convicted for federal offenses giving rise to and preceding this new Indictment alleging retaliation. 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 from on or about September 8, 2017, and continuing through on or about September 12, 2017, at Fort Thompson and elsewhere, Tally Colombe, Elnita Rank, Kristal Hawk, Ronda Hawk, Tiffany Monteau, and Stefen Monteau conspired and agreed among themselves and each other to commit a certain offense, as follows: to knowingly take action harmful against a certain individual, which interfered with the lawful employment and livelihood of this individual, such conduct being taken with the intent to retaliate against this individual for providing to a law enforcement officer truthful information relating to the commission and possible commission of a federal offense, namely program fraud and wire fraud. The alleged retaliatory conduct took place on the Crow Creek Sioux Tribe’s reservation.
The charge is merely an accusation and the defendants are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the U.S. Attorney’s Office. Assistant U.S. Attorney Ann Hoffman is prosecuting the case.
Former Crow Creek Tribal Court Administrator Charged with Embezzlement
LeeAnn Piskule, age 53, was indicted on February 14, 2018, for Embezzlement and Theft from an Indian Tribal Organization. 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 alleged that from May through August 2017, Piskule embezzled and converted to her own use more than $1,000 of monies, funds, credits, goods, assets, and other property belonging to the Crow Creek Tribal Court, Crow Creek Sioux Tribe, an Indian Tribal Organization. During the time of the embezzlement, Piskule was serving as the Crow Creek Tribal Court Administrator.
The charge is merely an accusation and Piskule is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the U.S. Attorney’s Office. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.
Mission Man and Woman Charged with Wire Fraud
Mark Edward O’Leary, age 35, and Sharli Colombe, age 35, were indicted on February 14, 2018, for Conspiracy to Commit Wire Fraud and Wire Fraud. They appeared before U.S. Magistrate Judge Mark A. Moreno on February 15, 2018, and both 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 between February 4, 2011, through June 6, 2017, O’Leary and Colombe passed at least 544 checks drawn on a bank account not belonging to either of them. The checks were used for personal items for O’Leary and Colombe and the purchases or deposits were not authorized by the owner of the bank account. Much of the alleged conspiracy and fraud took place on the Rosebud Sioux Tribe’s reservation.
The charges are merely accusations and O’Leary and Colombe are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the U.S. Attorney’s Office. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Former Director of Rosebud Tribal Ranch Sentenced for Embezzlement
Stormy Halligan, age 43, Winner, was sentenced on February 13, 2018, by U.S. Magistrate Judge Mark A. Moreno. Halligan was sentenced to 18 months of federal probation. He was ordered to pay approximately $10,000 in restitution.
According to court documents filed in Halligan’s case, between April 1, 2015, and March 31, 2016, he willfully and knowingly embezzled, misapplied, and converted to his own use monies, funds, credits, goods, assets, and other property belonging to the Rosebud Sioux Tribe Tribal Ranch, an Indian Tribal Organization.
The investigation was conducted by the Federal Bureau of Investigation and the U.S. Attorney’s Office. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.