District of South Dakota
Press releases recorded for this federal judicial district.
Eagle Butte Man Charged with Assault with a Dangerous WeaponRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon.
Colton White Feather, age 22, was indicted on September 12, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on September 26, 2017, 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 June 4, 2017, White Feather unlawfully assaulted an adult male with a knife, with intent to do bodily harm to said victim.
The charge is merely an accusation and White Feather 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.
White Feather was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Project Dakota Flyer Nets an Additional 16 DefendantsRead the Press Release
United States Attorney Randolph J. Seiler announced that an additional sixteen individuals have been indicted for the illegal trafficking of eagles and other migratory birds. These individuals are in addition to the 15 individuals that were indicted earlier this year. The Indictments are a result of a two-year undercover operation, dubbed Project Dakota Flyer.
Indicted Individuals Include:
Manuel Lieras: 39, Pocatello, ID, charged with violations of the Migratory Bird Treaty Act: CR 17-10032
Jason Brodersen: 46, Omaha, NE, charged with violations of the Bald and Golden Eagle Protection Act, Migratory Bird Treaty Act, and Lacey Act: CR 17-50141
Sheldon Tree Top: 43, Mandan, ND, charged with violations of the Bald and Golden Eagle Protection Act and Lacey Act: CR 17-30116
Christopher Pomani: 37, Chamberlain, SD, charged with violations of the Bald and Golden Eagle Protection Act and Lacey Act: CR 17-30118
Michael Pomani: 20, Ft. Thompson, SD, charged with violations of the Bald and Golden Eagle Protection Act and Lacey Act: CR 17-30118
Arvella Pomani: 35, Pierre, SD, charged with violations of the Bald and Golden Eagle Protection Act, and Lacey Act: CR 17-30118
Wanda Dupris: 44, Eagle Butte, SD, charged with violations of the Bald and Golden Eagle Protection Act and Migratory Bird Treaty Act: CR-17-30119
Melinda Sue Relf, a/k/a Melinda Red Feather: 37, Pine Ridge, SD, charged with violations of the Migratory Bird Treaty Act: CR-17-50140
Fair Deal Pawn: Rapid City, SD, charged with violations of the Migratory Bird Treaty Act: CR-17-50138
Kenneth Foster, d/b/a Rapid Pawn: 28, Rapid City, SD, charged with violations of the Migratory Bird Treaty Act: CR-17-50136
Pawn With Us: Rapid City, SD, charged with violations of the Migratory Bird Treaty Act: CR-17-50139
Elray Rosaaen, d/b/a Buffalo Gap Trading Post: 72, Buffalo Gap, SD, charged with violations of the Migratory Bird Treaty Act: CR-17-50137
Jeffrey Alan Jensen, d/b/a Jerry’s Pawn Shop: 53, Mobridge, SD, charged with violations of the Migratory Bird Treaty Act: CR-17-30123
Amanda Silbernagel, d/b/a Jerry’s Pawn Shop: 30, Mobridge, SD, charged with violations of the Migratory Bird Treaty Act: CR-17-30123
Steven Ray Marin, d/b/a Mobridge Pawn: 46, Mobridge, SD, charged with violations of the Migratory Bird Treaty Act: CR-17-30124
Larry Belitz: 74, Hot Springs, SD, charged with violations of the Bald and Golden Eagle Protection Act, Migratory Bird Treaty Act, and Lacey Act: CR-17-50157
Initial appearances have been set for Friday October 6, 2017, in Pierre, Wednesday October 11, 2017, in Rapid City, and Thursday October 12, 2017, in Aberdeen. This case is being investigated by the U.S. Fish and Wildlife Service. Assistant U.S. Attorneys Meghan N. Dilges and Eric Kelderman are prosecuting the cases.
Sisseton-Wahpeton Tribal Prosecutor Sworn in as Special Assistant United States AttorneyRead the Press Release
United States Attorney Randolph J. Seiler announced that a Sisseton-Wahpeton Sioux Tribal prosecutor was sworn in as a Special Assistant U.S. Attorney on September 22, 2017.
Debra C. Flute was sworn in by U.S. District Judge Roberto A. Lange during a ceremony at the Federal Courthouse in Sioux Falls, South Dakota.
Ms. Flute is an enrolled member of the Sisseton-Wahpeton Sioux Tribe and is the Tribe’s Senior in-house Attorney and tribal prosecutor. Debra has primarily practiced Federal Indian Law, Criminal Law, and served on the SD Board of Pardons and Parole from 2008 to 2014. Debra received her BS from Pennsylvania State University and her JD from the University of North Dakota School of Law.
The Sisseton-Wahpeton Sioux Tribe is located in the northeastern part of South Dakota, with land in both South and North Dakota. As a tribal prosecutor, Flute handles matters that arise on tribal land. While the majority of her prosecutions revolve around matters for crimes committed by tribal members, Flute also has the ability to charge non-tribal members for crimes involving domestic violence occurring on tribal land. This ability stems from the tribe’s decision to adopt provisions contained in the Violence Against Women Act, which increased the Tribe’s jurisdiction. In addition, the Sisseton-Wahpeton Sioux Tribe has adopted the provisions of the Tribal Law and Order Act, which enabled the Tribe to impose a sentence of up to three years for felonies committed within its jurisdiction.
Recently the Tribe has been looking for ways to combat the growing methamphetamine problem plaguing its members. By entering into an agreement with the U.S. Attorney’s Office, having Flute designated as a Special Assistant U.S. Attorney, the Tribe is hopeful this will stem the tide of drugs and drug related crimes that are plaguing its communities. Sisseton-Wahpeton Sioux Tribal Chairman Dave Flute stated, “This is a tremendous opportunity for our Tribe to partner with the U.S. Attorney’s Office and other federal agencies to take the lead in the fight against methamphetamine and other drugs that are decimating communities in northeastern South Dakota.”
U.S. Attorney Seiler added, “The use of illegal drugs is becoming an epidemic in our state and on our reservations. To have a seasoned tribal prosecutor the caliber of Debra Flute will be a tremendous asset to enhance our proactive measures to combat drugs infiltrating the Native American culture.”
Discussions are on-going regarding the formation of a regional Tribal, State, and Federal drug task force covering the counties that make up the Sisseton-Wahpeton Sioux Tribe.
Rapid City Man Indicted for Theft of Federal FundsRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man was charged in federal district court with two counts of Theft From a Program Receiving Federal Funds.
Kevin S. Lewis, age 55, was charged on September 19, 2017. He appeared before U.S. Magistrate Judge Daneta Wollmann on September 22, 2017, 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 on each count. Restitution may also be ordered.
The charges relate to Lewis, while employed as the managing attorney for Dakota Plains Legal Services, taking money rightfully belonging to Dakota Plains Legal Services. The charges are merely an accusation and Lewis is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Legal Services Corporation, Office of Inspector General. Assistant U.S. Attorney Ben Patterson is prosecuting the case.
Lewis was released pending trial. A trial date has not been set.
White River Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a White River, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on September 19, 2017, by U.S. District Judge Roberto A. Lange.
Louis Anthony Good Shield, age 28, was sentenced to 18 months in custody, followed by 4 years of supervised release, a fine of $1,000, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $100.
Good Shield was indicted by a federal grand jury on August 16, 2016. He pled guilty on June 27, 2017.
Good Shield admitted that between January 1, 2013, and September 17, 2015, he knowingly and intentionally conspired with others to distribute methamphetamine, a Schedule II controlled substance, in South Dakota. Good Shield assisted other individuals in obtaining methamphetamine and delivering that methamphetamine to others for further distribution in South Dakota. Good Shield’s role in the distribution scheme was to accompany others during the transport of the methamphetamine, and to be “the muscle.”
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services, the Federal Bureau of Investigation, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Good Shield was immediately turned over to the custody of the U.S. Marshals Service.
Rosebud Man Charged with Domestic Assault by an Habitual OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Domestic Assault by an Habitual Offender.
Calvin Gillette, age 26, was indicted on September 12, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on September 19, 2017, 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.
Gillette is accused of assaulting his domestic partner on January 31, 2017, when at the time of the assault, Gillette had a final conviction on at least two separate prior occasions in Rosebud Sioux Tribal Court proceedings for offenses that would have been, if subject to federal jurisdiction, an assault against a domestic partner.
The charge is merely an accusation and Gillette 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 Daniel Nelson is prosecuting the case.
Gillette was released on bond pending trial. A trial date has not been set.
Mission Man Charged with Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Assaulting a Federal Officer.
Peter White Feather, age 38, was indicted on September 12, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on September 19, 2017, 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 February 26, 2017, White Feather assaulted a federal law enforcement officer.
The charge is merely an accusation and White Feather 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 Daniel Nelson is prosecuting the case.
White Feather was released on bond pending trial. A trial date has not been set.
Eagle Butte Man Sentenced on Methamphetamine ChargeRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Distribution of a Controlled Substance was sentenced on September 18, 2017, by U.S. District Judge Roberto A. Lange.
Jeremiah Little Wounded, age 37, was sentenced to 6 months in custody, followed by 3 years of supervised release, a fine of $1,000, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $100.
Little Wounded was indicted by a federal grand jury on November 9, 2016. He pled guilty on June 27, 2017.
Little Wounded admitted that on July 7, 2016, he knowingly and intentionally distributed a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, to another individual for $100.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Little Wounded was immediately turned over to the custody of the U.S. Marshals Service.
Dupree Woman Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on September 19, 2017, by U.S. District Judge Roberto A. Lange.
Alyce Marie Morrison, age 34, was sentenced to 95 months in custody, followed by 3 years of supervised release, forfeiture of $80 in U.S. currency, a firearm and ammunition, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $200.
Morrison was indicted by a federal grand jury on March 15, 2017. She pled guilty on June 27, 2017.
Morrison admitted that between July 1, 2016, and March 15, 2017, she knowingly and intentionally conspired with others to distribute methamphetamine in the District of South Dakota.
Morrison received distributable quantities of methamphetamine and distributed some of the methamphetamine in South Dakota. The individuals who provided Morrison with the methamphetamine knew that she intended to engage in further distribution. Morrison admitted that it was reasonably foreseeable to her that more than 500 grams of methamphetamine would be distributed during the course of the conspiracy.
On November 16, 2016, in Dupree, Morrison sold 1.5 grams of methamphetamine to a confidential informant for $175 and fronted that informant another gram of methamphetamine.
On January 14, 2017, Morrison was stopped by tribal law enforcement in Eagle Butte. In her possession, she had $80 in U.S. currency, 6.68 grams of methamphetamine, and a loaded firearm. Those items were seized by law enforcement and forfeited.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services and Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Morrison was immediately turned over to the custody of the U.S. Marshals Service.
Cherry Creek Woman Found Guilty of Concealing Person from ArrestRead the Press Release
United States Attorney Randolph J. Seiler announced that a Cherry Creek, South Dakota, woman was found guilty of Concealing a Person from Arrest by a federal jury in Pierre, South Dakota, on September 14, 2017. A Cherry Creek, South Dakota, man was acquitted of the same charge.
September Waloke, age 51, and Everett Condon, age 55, were indicted by a federal grand jury on November 9, 2016. 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 charges stemmed from a series of events that occurred between October 19, 2016, and October 20, 2016, at which time Tyson LeCompte, a/k/a Tyson Garreaux, had an active warrant out for his arrest. The jury found that Waloke harbored and concealed LaCompte during the time period so as to prevent his discovery and arrest. The jury acquitted Condon of the charges.
The investigation was conducted by the U.S. Marshals Service and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case. Waloke was released on conditions pending sentencing, the date of which has not been set.
Rosebud Man Indicted on Assault ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer and Assault with a Dangerous Weapon.
Robert Lee Burnette, age 24, was indicted on August 16, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on September 18, 2017, 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 or about July 14, 2017, Burnette threatened two individuals with a knife, and assaulted, resisted, opposed, impeded, intimidated, and interfered with a law enforcement officer employed by the Rosebud Sioux Tribe while the officer was engaged in the performance of his official duties.
The charges are merely an accusation and Burnette 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.
Burnette was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rosebud Man Charged with Domestic Assault by an Habitual OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Domestic Assault by an Habitual Offender.
Calvin Gillette, age 26, was indicted on September 12, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on September 19, 2017, 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.
Gillette is accused of assaulting his domestic partner on January 31, 2017, when at the time of the assault, Gillette had a final conviction on at least two separate prior occasions in Rosebud Sioux Tribal Court proceedings for offenses that would have been, if subject to federal jurisdiction, an assault against a domestic partner.
The charge is merely an accusation and Gillette 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 Daniel Nelson is prosecuting the case.
Gillette was released on bond pending trial. A trial date has not been set.
Fort Thompson Man Charged with AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, man has been indicted by a federal grand jury for Assault with Intent to Commit Murder, Assault with a Dangerous Weapon, and Assault Resulting in Substantial Bodily Injury to an Intimate Partner.
Austin Paul Abernathy, age 26, was indicted on September 12, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on September 18, 2017, 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 up to $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on August 27, 2017, Abernathy unlawfully assaulted his intimate partner with a knife, with the intent to commit murder. Said assault resulted in substantial bodily injury to the victim.
The charges are merely accusations and Abernathy 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.
Abernathy was released on bond pending trial. A trial date has not been set.
Eagle Butte Man Sentenced on Methamphetamine ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Distribution of a Controlled Substance was sentenced on September 18, 2017, by U.S. District Judge Roberto A. Lange.
Corey Ryan DeHorse, age 24, was sentenced to 8 months in custody, followed by 3 years of supervised release, a fine of $1,000, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $100.
DeHorse was indicted by a federal grand jury on November 9, 2016. He pled guilty on June 27, 2017.
DeHorse admitted that on August 5, 2016, he knowingly and intentionally distributed a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, to another individual for $100.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
DeHorse was immediately turned over to the custody of the U.S. Marshals Service.
“Protecting Our Tribal Communities: Responding to Drugs, Violent Crime, and Public Corruption” Meeting to be held in Porcupine on September 28Read the Press Release
United States Attorney Randolph J. Seiler announced that a half-day meeting addressing drugs, violent crime, and public corruption in Indian country will be held in Porcupine, South Dakota, on Thursday September 28, 2017. The event is hosted by the U.S. Attorney’s Office, Oglala Sioux Tribe, Bureau of Indian Affairs, and the Federal Bureau of Investigation.
The event will feature presentations by the U.S. Attorney’s Office and the Department of Interior on addressing public corruption in Indian country, FBI and BIA officials speaking about methamphetamine and the pervasiveness of the problem, and a segment on re-entry programs and services.
The event will be held at the Elderly Building in Porcupine, located at 123 Porcupine. The conference will run from 3:30 pm – 5:30 pm. The public is welcome and a free evening meal will be served.
Please see the attached flyer for a complete list of speakers and topics.
Kyle Man Found Guilty of ArsonRead the Press Release
United States Attorney Randolph J. Seiler announced that Danny Ferguson, age 42, of Kyle, South Dakota, was found guilty of Arson following a federal trial in Rapid City, South Dakota.
The charge carries 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 that Ferguson used a gasoline and diesel soaked blanket to set fire to an occupied trailer house near Kyle in April 2015.
This case was investigated by the Federal Bureau of Investigation, the Oglala Sioux Tribe Department of Public Safety, and the Bureau of Alcohol, Tobacco, Firearms & Explosives. Assistant U.S. Attorney Megan Poppen prosecuted the case.
A sentencing date was set for February 23, 2018. Ferguson was remanded to the custody of the U.S. Marshals Service pending sentencing.
Rosebud Man Charged for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Phillip Little Hoop, age 35, was indicted on September 12, 2007. He appeared before U.S. Magistrate Judge Mark A. Moreno on September 18, 2017, 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.
Little Hoop was convicted of Sexual Abuse of a Minor in December 2008. As a result of this conviction, he is required to register as a sex offender. It is alleged that between April 7, 2017, and May 11, 2017, Little Hoop, 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 Little Hoop 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.
Little Hoop was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Pine Ridge Woman Indicted for Assault with Intent to Commit MurderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, woman has been indicted by a federal grand jury for Assault with Intent to Commit Murder, Assault of a Federal Officer, Assault with a Dangerous Weapon, and Discharge of a Firearm during the Commission of a Crime of Violence.
Connie Wilson, age 54, was indicted on September 12, 2017. Wilson appeared before U.S. Magistrate Judge Daneta Wollmann on September 13, 2017, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is life imprisonment 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 charges relate to Wilson assaulting two federal officers with a firearm in Oglala Lakota County on August 29, 2017.
The charges are merely accusations and Wilson is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Wilson was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for November 14, 2017.
Parmelee Man Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Parmelee, South Dakota, man convicted of Assaulting a Federal Officer was sentenced on September 11, 2017, by U.S. District Judge Roberto A. Lange.
Richard Wolf Guts, age 32, was sentenced to 27 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.
Wolf Guts was indicted by a federal grand jury on April 12, 2017. He pled guilty on July 17, 2017.
The conviction stemmed from an incident that occurred at the Rosebud Adult Correctional Facility, in Rosebud, South Dakota, on April 2, 2017, where Wolf Guts was serving a sentence for a tribal conviction. Wolf Guts began yelling and pouring water all over the floor of his cell, and he ignored verbal commands to stop. Corrections officers subsequently removed him from his cell and placed him in a restraint chair. As he was being secured in the restraint chair, Wolf Guts continued to be combative, spitting in the face of one corrections officer, kicking a second corrections officer in the leg, and biting the hand of a third corrections officer.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Wolf Guts was immediately turned over to the custody of the U.S. Marshals Service.
Parmelee Man Sentenced for Abusive Sexual ContactRead the Press Release
United States Attorney Randolph J. Seiler announced that a Parmelee, South Dakota, man convicted of Abusive Sexual Contact was sentenced on September 12, 2017, by U.S. District Judge Roberto A. Lange.
Mark Felix Clairmont, age 42, was sentenced to 36 months in prison, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Clairmont was indicted by a federal grand jury on November 9, 2016. He pled guilty on June 26, 2017.
The conviction stemmed from an incident that occurred on June 20, 2015, at a house near Mission, South Dakota. On that date, Clairmont was drinking and socializing with a group of individuals that included the victim. The victim became intoxicated and fell asleep on a couch that evening. She subsequently awoke to discover Clairmont was sexually assaulting her.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Clairmont was immediately turned over to the custody of the U.S. Marshals Service.
St. Francis Man Indicted on False Statements and Attempt to Obtain Controlled Substance by FraudRead the Press Release
United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man has been indicted by a federal grand jury for False Statements Relating to Health Care Matters and Attempt to Obtain Controlled Substance by Fraud.
Daniel Farmer, age 21, was indicted on August 16, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on September 5, 2017, 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, up to 3 years supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on June 8, 2017, Farmer knowingly and intentionally falsified a prescription for Tramadol, a Schedule IV controlled substance, and presented that prescription to the Indian Health Services Pharmacy in Rosebud, South Dakota, knowing it to be false.
The charge is merely an accusation and Farmer is presumed innocent until and unless proven guilty.
This case is being investigated by the Office of the Inspector General of the U.S. Health and Human Services. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Farmer was released pending trial. A trial date has not been set.
Eden Man Sentenced to 13 Years in Federal Prison for Sexual Offenses Involving ChildRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eden, South Dakota, man convicted of two counts of Abuse Sexual Contact was sentenced on August 17, 2017, by U.S. District Judge Charles B. Kornmann.
Tyrell Redstar Eastman, age 21, was sentenced to 13 years in custody, followed by ten years of supervised release. He was also ordered to pay $200 to the Federal Crime Victims Fund.
According to the court documents, between August 15, 2014, and April 2, 2015, Eastman engaged in sexual contacts with a child. To perpetrate the sexual assault, Eastman threatened and placed the victim in fear. Such sexual contact involved the defendant’s intentional touching, either directly or through the clothing, of the victim’s genitalia, anus, groin, breast, inner thigh, and buttocks. Defendant had the intent to abuse, humiliate, harass, degrade, arouse, and gratify his sexual desires. At the time of this sexual assault, the defendant was 18 years old.
The investigation was conducted by the Federal Bureau of Investigation and the Sisseton-Wahpeton Sioux Tribe’s Law Enforcement. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.
Eastman was immediately turned over to the custody of the U.S. Marshal’s Service.
White River Man Charged with Sexual Abuse of a Minor and Abusive Sexual ContactRead the Press Release
United States Attorney Randolph J. Seiler announced that a White River, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse of a Minor and Abusive Sexual Contact.
Duane Mednansky, age 47, was indicted on August 16, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on September 6, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 15 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 between on or about May 1, 2013, and September 1, 2013, Mednansky knowingly engaged in, and attempted to engage in, a sexual act with a minor female. The Indictment further alleges that between May 1, 2013, and September 1, 2014, Mednansky engaged in sexual contact with a second female without her permission.
The charges are merely accusations and Mednansky is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, the South Dakota Attorney General’s Office Division of Criminal Investigation, the Mellette County Sheriff’s Office, and the Watertown Police Department. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Mednansky was released pending trial, which is set for October 31, 2017.
Wanblee Man Sentenced for Second Degree Murder and Assault with a Dangerous WeaponRead the Press Release
United States Attorney Randolph J. Seiler announced that a Wanblee, South Dakota, man convicted of Second Degree Murder and Assault with a Dangerous Weapon was sentenced on September 7, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Leon “Gogg” Between Lodges, a/k/a Leon Milk, age 34, was sentenced to 15 years in custody, followed by 5 years of supervised release, and ordered to pay $2,023.37 in restitution and a $100 special assessment to the Federal Crime Victims Fund on the Second Degree Murder charge. Between Lodges was sentenced 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 on the Assault with a Dangerous Weapon charge. The sentences were ordered to be served concurrently.
The conviction stems from Between Lodges using a stiletto automatic knife to stab two male individuals on May 27, 2016, at Wanblee. One of these individuals was stabbed in the chest, striking his carotid artery and fatally injuring him. The second victim was stabbed in the back two times and was life-flighted to Scottsbluff, Nebraska, for treatment.
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 Megan Poppen prosecuted the case.
Between Lodges was immediately turned over to the custody of the U.S. Marshals Service.
Wanblee Man Indicted for Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Wanblee, South Dakota, man was charged in federal district court with Assault on a Federal Officer.
Shawn Ashley, age 47, was charged on August 22, 2017. He appeared before U.S. Magistrate Judge Daneta Wollmann on August 25, 2017, and pleaded not guilty to the charge. The maximum penalty upon conviction is 8 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.
The charge relates to Ashley, while on bond in a separate criminal case, assaulting an on-duty Oglala Sioux Tribe police officer in June 2017 at Wanblee. The charge is merely an accusation and Ashley is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Ben Patterson is prosecuting the case.
Ashley was released pending trial. A trial date has not been set.
St. Francis Man Sentenced for Felon in Possession of a FirearmRead the Press Release
United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man convicted of Felon in Possession of a Firearm was sentenced on September 5, 2017, by U.S. District Judge Roberto A. Lange.
Craig Edward Valandra, age 35, was sentenced to 24 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.
Valandra was indicted by a federal grand jury on July 19, 2016. He pled guilty on March 7, 2017.
The conviction stemmed from an incident that occurred on June 20, 2016. On that date, Rosebud Sioux Tribe Police Officers responded to a report that Valandra was causing a disturbance and firing a gun outside a house in St. Francis. The officers subsequently located Valandra at a nearby house, arrested him, and seized a .357 caliber revolver and a .40 caliber pistol from his person.
Valandra was convicted of Arson in U.S. District Court in 2004, making it illegal for him to possess firearms. Valandra will forfeit ownership of the firearms seized in the case to the United States.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Valandra was immediately turned over to the custody of the U.S. Marshals Service.
Mobridge Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mobridge, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on September 1, 2017, by U.S. District Judge Charles B. Kornmann.
Justin Jerome Howard, age 34, was sentenced to 10 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.
Howard was indicted by a federal grand jury on January 19, 2017. He pled guilty on June 6, 2017.
The conviction stems from Howard failing to register as a sex offender as required by federal law between December 5, 2016, and December 14, 2016. Howard had previously been convicted of a sex offense in federal court, which requires him to register as a sex offender.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Howard was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Sentenced for BurglaryRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Third Degree Burglary was sentenced on September 5, 2017, by U.S. District Judge Roberto A. Lange.
Preston White Feather, age 21, was sentenced to 8 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. White Feather was also ordered to pay restitution in the amount of $3,815.
White Feather was indicted by a federal grand jury on May 16, 2017. He pled guilty on June 27, 2017.
The conviction stemmed from an incident that occurred in the early morning hours of September 17, 2016. At approximately 5:00 a.m., White Feather broke into the Todd County Achievement School in Mission and stole property belonging to the Exceptional Education Department.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
White Feather was immediately turned over to the custody of the U.S. Marshals Service.
McLaughlin Man Sentenced for Abusive Sexual ContactRead the Press Release
United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man convicted of Abusive Sexual Contact by Use of Force, Abusive Sexual Contact by Fear, and Abusive Sexual Contact, was sentenced on September 1, 2017, by U.S. District Judge Charles B. Kornmann.
Frankie Marshall, age 27, was sentenced to 180 months in custody, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $300.
Marshall was indicted by a federal grand jury on April 12, 2017. He pled guilty on June 6, 2017.
The conviction stems from an incident on March 29, 2017, when Marshall was at the home of a friend, the victim, in Bullhead, South Dakota. The two were playing dice and cards. Marshall left at about 5:30 am to meet up with another person.
Marshall returned a short time later and asked if he could wait for his sister to come get him, which the victim allowed. Marshall began to shut all of the lights off and sat down next to her on the couch. Marshall asked her if she wanted to have a one-night-stand, and the victim declined. Marshall shoved her back on the couch, got on top of her, and attempted to shove his hands down her pants. Marshall grabbed her pants and started to pull them down while the victim was struggling to keep them up. Marshall pulled the victim’s pants and panties off, pulled his sweats down, and proceeded to rape her.
As the assault was happening, one of the victim’s relatives entered the home and turned on a light upon entering. When the light was turned on, Marshall pulled up his pants and fled the residence. The police were immediately summoned and members of the victim’s family attempted to locate Marshall, who fled Bullhead and went to Fort Yates, North Dakota, where he was located and arrested by Bureau of Indian Affairs Law Enforcement.
This case was investigated by the Bureau of Indian Affairs Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Marshall was immediately turned over to the custody of the U.S. Marshals Service.
McLaughlin Man Indicted on Assault and Firearm ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury for Assault of an Intimate Partner by Strangulation, Child Abuse, and Felon In Possession of a Firearm.
River Grey Bull, age 22, was indicted on May 16, 2017. He appeared before U.S. Magistrate Judge William D. Gerdes on August 29, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 15 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 April 11, 2016, Grey Bull assaulted his intimate partner by strangulation and suffocation. The Indictment further alleges that Grey Bull hit his intimate partner while she was holding her child and the blow carried through and hit the child. Grey Bull, having previously been convicted of a felony, is alleged to have knowingly possessed a firearm.
The charges are merely accusations and Grey Bull is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs. Assistant U.S. Attorney Daniel C. Nelson is prosecuting the case.
Grey Bull was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Little Eagle Man Sentenced for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Little Eagle, South Dakota, man convicted of Domestic Assault by an Habitual Offender was sentenced on September 1, 2017, by U.S. District Judge Charles B. Kornmann.
Charles Eagle Pipe, age 44, was sentenced to 45 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.
Eagle Pipe was indicted by a federal grand jury on March 15, 2017. He pled guilty on June 12, 2017.
The conviction stems from an incident on March 29, 2015, when a Bureau of Indian Affairs officer who was patrolling in Little Eagle, was informed of an incident occurring at the home of the victim. The officer responded and was informed that Eagle Pipe had taken her car, without permission, and returned highly intoxicated. Eagle Pipe refused to return the keys to the victim, assaulted her, then grabbed a knife and began to cut himself with it. Eagle Pipe then went across the street to his mother’s residence. The officer went across the street and placed Eagle Pipe under arrest, following a brief scuffle.
Upon securing Eagle Pipe in the vehicle, the officer went back across the street to where the victim was standing. She showed the officer where Eagle Pipe had thrown the knife, and she also showed the officer marks on her legs where she stated Eagle Pipe had kicked her. At the time of this incident, Eagle Pipe had seven prior convictions for Domestic Abuse in Standing Rock Tribal Court that would have been, if subject to federal jurisdiction, assaults against a spouse or intimate partner.
This case was investigated by the Bureau of Indian Affairs Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Eagle Pipe was immediately turned over to the custody of the U.S. Marshals Service.
Kyle Man Sentenced for Abusive Sexual ContactRead the Press Release
United States Attorney Randolph J. Seiler announced that a Kyle, South Dakota, man convicted of two counts of Abusive Sexual Contact was sentenced on September 5, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Darrell Janis, age 58, was sentenced to 8 years in custody, followed by 5 years of supervised release, and ordered to pay a $200 special assessment to the Federal Crime Victims Fund.
Janis was indicted by a federal grand jury in October 2016. He was subsequently found guilty following a trial in Federal District Court in Rapid City on May 11, 2017.
The conviction stems from Janis using force to have sexual contact with a child, who was between the ages of 12 and 16, on December 11, 2015, at Kyle.
This case was investigated by the Federal Bureau of Investigation and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Janis was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man and Woman Charged with Distribution of a Controlled SubstanceRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man and woman have been indicted by a federal grand jury for Distribution of a Controlled Substance.
Perry Crow, Jr., a/k/a Perry Fiddler, age 22, and Estrella Fernandez, a/k/a Star Fernandez, age 20, were indicted on July 11, 2017. Crow appeared before U.S. Magistrate Judge Mark A. Moreno on August 30, 2017, and Fernandez appeared before U.S. Magistrate Judge Mark A. Moreno on September 1, 2017. They 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, at least 3 years and 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 on August 23, 2016, Crow knowingly and intentionally twice distributed methamphetamine, a Schedule II controlled substance. The Indictment also alleges that on August 31, 2016, both Crow and Fernandez knowingly and intentionally distributed methamphetamine.
The charges are merely accusations and Crow and Fernandez are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Crow and Fernandez were released on bond pending trial, which has been set for October 31, 2017.
Eagle Butte Man Indicted for Distribution of a Controlled SubstanceRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota man has been indicted by a federal grand jury for Distribution of a Controlled Substance.
Eunice Jamiel Smart, age 27, was indicted on April 12, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 30, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $1,000,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on three occasions, September 10, 22, and 23, 2016, in Eagle Butte, Smart knowingly and intentionally distributed methamphetamine, a Schedule II controlled substance.
The charges are merely accusations and Smart is presumed innocent until and unless proven guilty.
This case is being investigated by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Smart was released on bond pending trial. A trial date has not been set.
Court Orders Hermosa Man to Pay $222,362.11 for Defrauding the National Science FoundationRead the Press Release
National Science Foundation (“NSF”) is a United States agency created to support basic scientific research by providing grants, to individuals, businesses, academic and nonprofit institutions. Scott Thompson, d/b/a as Isosceles, LLC., submitted a grant proposal to study solar cells and develop technology to harvest light and produce renewable energy. Thompson specifically represented that a Post-Doctoral foreign national student of electrical engineering at the South Dakota State University (SDSU) was the principal scientific investigator on the project. Relying on Thompson’s statements, the NSF awarded grant funding. Thompson then represented that the student had worked more than 160 hours on the project, and drew down grant funds. Thompson knew his representations were untrue because he never met or hired the student. He used the grant funds to pay his personal bills. Thompson was found guilty, after a jury trial, of two counts of making false claims and two counts of submitting false documents to the NSF in violation of 18 U.S.C. § 287 and § 1001, and was ordered to pay restitution totaling $87,637.89 to the NSF and SDSU (United States v. Scott Thompson, CR 11-50054).
United States Attorney’s Office then brought a civil action pursuant to the False Claims Act (FCA), 31 U.S.C. § 3729(a)(1), which imposes liability on persons and companies who knowingly submit false claims to the government. Persons who submit a false claim must pay to the United States a civil penalty for each false claim, plus three times the amount of damages the government sustained. Pursuant to the FCA, the Court ordered Thompson to pay a civil judgment of $222,362.11 to the United States. In doing so, the Court stated that Thompson’s “convictions preclude him from denying the essential elements of the government’s FCA claim” and the jury found that Thompson “knowingly presented false claims to the government in order to receive funds from the NSF.” (United States v. Scott Thompson, CIV 15-5060-JLV, Doc. 44).
Criminal restitution, penalties, and debts obtained by fraud are not dischargeable in bankruptcy, 11 U.S.C. § 523. The United States Attorney’s Office places a high priority on criminal and civil enforcement in cases involving all types of fraud committed against the government, including grant fraud, and works with various law enforcement agencies to identify and investigate these matters.
The investigation was conducted by the National Science Foundation Office of Inspector General. Assistant United States Attorneys Sarah Collins, Eric Kelderman, and Cheryl Schrempp DuPris prosecuted the criminal and civil cases respectively.
Rapid City Man Sentenced for Failing to Pay TaxesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Willful Failure to Collect and Pay Over Tax was sentenced on August 30, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court. The Defendant was charged on January 30, 2017, and pleaded guilty on February 12, 2017.
Kenneth E. Orrock, age 48, was sentenced to 12 months of imprisonment, ordered to be served on weekends, followed by 3 years of supervised release. He was further ordered to pay a $100 special assessment to the Federal Crime Victims Fund, and $280,257.72 in restitution to the Internal Revenue Service.
During the years 2011 through 2015, Orrock was the sole member of Black Hills Asset Protection Group, LLC, a limited liability company located in Rapid City that offers security-related services in western South Dakota under the trade name “Black Hills Patrol.”
During the same period, Orrock withheld taxes from his employees’ wages, including federal income tax, social security, and Medicare taxes for employees of Black Hills Patrol, and willfully failed to pay over those taxes to the United States. Orrock also willfully failed to pay the employer’s portion of taxes on wages paid to employees during the same period. Rather than paying over the taxes, Orrock used a portion of the withholdings for his own personal use.
Orrock, who was a licensed attorney until recently, served as the Bennett County State’s Attorney until January 2017.
This case was investigated by the Internal Revenue Service Criminal Investigation Division. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Red Scaffold Man Charged with AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Red Scaffold, South Dakota, man has been indicted by a federal grand jury for Assault by Strangulation and Suffocation, and Assault Resulting in Substantial Bodily Injury to an Intimate Partner.
Tyrell Chasing Hawk, age 31, was indicted on August 16, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 25, 2017, 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 up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on May 9, 2017, Chasing Hawk unlawfully assaulted his intimate partner by strangling and suffocating her, or attempting to do so, with the said injury resulting in substantial bodily injury to the victim.
The charges are merely accusations and Chasing Hawk 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.
Chasing Hawk was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rapid City Man Charged with Attempted Enticement of a Minor Using the InternetRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man was charged in federal district court with Attempted Enticement of a Minor Using the Internet.
Timothy George Bender, age 54, was charged on July 27, 2017. Bender appeared before U.S. Magistrate Judge Daneta Wollmann on July 28, 2017, and pleaded not guilty to the charge. The penalty upon conviction is 10 years up to life 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 charge relates to Bender attempting to entice a minor girl to meet with him, who he believed to be 15 years old. The charge is merely an accusation and Bender 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.
Bender was released pending trial, which is scheduled for November 28, 2017.
Eagle Butte Man Sentenced for Firearm ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on August 21, 2017, by U.S. District Judge Roberto A. Lange.
Wacey James Long, age 29, was sentenced to 25 months in custody, followed by 3 years of supervised release, forfeiture of the firearm, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $100.
Long was indicted by a federal grand jury on February 15, 2017. He pled guilty on June 6, 2017.
On September 16, 2016, during the execution of a search warrant, law enforcement found and seized a short-barreled shotgun and drug paraphernalia from the apartment Long resided in with another person. Long admitted to using methamphetamine, a Schedule II controlled substance. Because he is an unlawful user of or addicted to a controlled substance, he is unable to lawfully possess firearms.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Long was immediately turned over to the custody of the U.S. Marshals Service.
Pine Ridge Man Found Guilty of Assault and BurglaryRead the Press Release
United States Attorney Randolph J. Seiler announced that Jalen Walking Eagle, age 22, of Pine Ridge, South Dakota, was found guilty of Assault Resulting in Serious Bodily Injury and First Degree Burglary following a federal trial in Rapid City, South Dakota. The jury returned their verdict on August 24, 2017.
The charges carry a maximum penalty of 25 years 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 Walking Eagle unlawfully entered the home of the victim during the nighttime on February 12, 2017, and assaulted him resulting in serious bodily injury.
This case was investigated by the Federal Bureau of Investigation and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Megan Poppen prosecuted the case.
A sentencing date will be set. Walking Eagle was remanded to the custody of the U.S. Marshals Service pending sentencing.
Parmelee Woman Sentenced for Assaulting ChildRead the Press Release
United States Attorney Randolph J. Seiler announced that a Parmelee, South Dakota, woman convicted of Assault by Striking, Beating, and Wounding was sentenced on August 25, 2017, by U.S. Magistrate Judge Mark A. Moreno.
Charlee Spotted Tail, age 22, was sentenced to 4 months in custody, followed by 1 year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $25.
Spotted Tail was indicted by a federal grand jury on October 12, 2016. She pled guilty on June 19, 2017.
The conviction stemmed from an incident that occurred on March 11, 2016, in Mission, South Dakota. Spotted Tail started an altercation in a store parking lot with a woman who was holding her six-month-old baby. Spotted Tail attempted to strike the woman, and instead struck the baby in the head. She then struck the baby a second time before fleeing the scene in a nearby vehicle.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Spotted Tail was immediately turned over to the custody of the U.S. Marshals Service.
Bullhead Man Sentenced for Abusive Sexual Contact of a Person Incapable of ConsentRead the Press Release
United States Attorney Randolph J. Seiler announced that a Bullhead, South Dakota, man convicted of Abusive Sexual Contact of a Person Incapable of Consent was sentenced on August 17, 2017, by U.S. District Judge Charles B. Kornmann.
Jimmie High Cat, age 29, was sentenced to 26 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.
High Cat was indicted by a federal grand jury on May 12, 2015. He pled guilty on May 18, 2017.
The conviction stems from an incident on December 7, 2013, when the victim was out for a walk in Bullhead, and a car pulled up to her and asked her if she wanted to come hang out. She accepted the invitation and went back to a private social gathering. Present at the residence were approximately six people, including High Cat.
As the evening wore on, the victim drank to the point of passing out. She awoke to find that her pants and underwear had been removed and she was lying on her back with a person touching her genitalia. The victim was able to get away and fled to her home in Bullhead, disclosed she was raped, and immediately notified law enforcement to report the sexual assault. The victim was transported to Mobridge Regional Hospital and a sexual assault examination was performed.
The victim identified her attacker as a brother of a person she knew. Law enforcement located High Cat as a possible suspect in the incident. High Cat initially denied the incident, but later admitted to having abusive sexual contact with the victim, stopping after about five minutes because he knew it was wrong.
This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
High Cat was immediately turned over to the custody of the U.S. Marshals Service.
St. Francis Man Charged for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
George Scott, age 32, was indicted on August 16, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 22, 2017, 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.
In November 2012, Scott was convicted of Abusive Sexual Contact. As a result of his conviction, he is required to register as a sex offender. It is alleged that between March 30, 2017, and June 8, 2017, Scott, 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, failed to properly register as a sex offender.
The charge is merely an accusation and Scott is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the United States Marshals Service. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Scott was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rosebud Man Found Not Guilty of Assault and Child Abuse ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man was acquitted of Assault With a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and Child Abuse as a result of a federal jury trial in Pierre, South Dakota, beginning on August 22, 2017, and concluding on August 23, 2017.
Dustin Witt, age 26, was indicted by a federal grand jury on March 15, 2017.
The charges stemmed from an alleged incident that occurred in June 2016, in Rosebud.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The U.S. Attorney’s Office prosecuted the case.
Okreek Woman Sentenced on Cocaine and Marijuana ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that an Okreek, South Dakota, woman convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on August 21, 2017, by U.S. District Judge Roberto A. Lange.
Maria Joy Dog Soldier, age 40, was sentenced to 36 months of probation and 6 months home confinement, a fine of $1,000, and forfeiture of $1,101. A mandatory special assessment to the Federal Crime Victims Fund in the amount of $100 was also imposed.
Dog Soldier was indicted by a federal grand jury on March 15, 2017. She pled guilty on June 5, 2017.
The conviction stemmed from an incident on April 29, 2016, during a routine patrol of the Rosebud Casino parking lot by a law enforcement officer and his K9 dog, when the K9 alerted to the presence of the odor of narcotics. Dog Soldier was present in the vehicle. A search of the vehicle revealed 15 plastic baggies containing cocaine and 3 plastic baggies containing marijuana and drug paraphernalia. Also found during the search was $1,101 in cash.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Ft. Thompson Man Sentenced for Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Randolph J. Seiler announced that a Ft. Thompson, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on August 21, 2017, by U.S. District Judge Roberto A. Lange.
Matthew Long Crow, age 39, was sentenced to 120 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.
Long Crow was indicted by a federal grand jury on October 12, 2016. He pled guilty on May 24, 2017.
The conviction stems from an incident occurring between March 10, 2016, and March 19, 2016, when Long Crow assaulted his girlfriend, and the assault resulted in serious bodily injury.
This case was investigated by the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Long Crow was immediately turned over to the custody of the U.S. Marshals Service.
Fort Thompson Man Sentenced for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on August 21, 2017, by U.S. District Judge Roberto A. Lange.
Gordon Bagola, age 62, was sentenced to 24 months in custody, followed by 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Bagola was indicted by a federal grand jury on February 15, 2017. He pled guilty on June 1, 2017.
The conviction stemmed from an incident on July 31, 2016, when Bagola stabbed his son in the back with a knife, and the assault resulted in serious bodily injury.
This case was investigated by the Bureau of Indian Affairs. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Bagola was immediately turned over to the custody of the U.S. Marshals Service.
Aberdeen Woman Sentenced for False StatementsRead the Press Release
United States Attorney Randolph J. Seiler announced that an Aberdeen, South Dakota, woman convicted of False Statements was sentenced on August 17, 2017, by U.S. District Judge Charles B. Kornmann.
Sherrae Two Hearts, a/k/a Sherrae Twohearts, age 38, was sentenced to time served, 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Two Hearts was indicted by a federal grand jury on February 14, 2017. She pled guilty on May 18, 2017.
The conviction stems from an incident on June 28, 2016, when Two Hearts called the Bureau of Indian Affairs to report that her children were being abused by their guardian and locked in the basement. An investigation was done and the children were observed to be safe, clean, and well fed. Two Hearts admitted to lying to the Special Agent.
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Former Tribal Executives Sentenced for EmbezzlementRead the Press Release
United States Attorney Randolph J. Seiler announced that former executive board members of the Big Coulee District of the Sisseton-Wahpeton Oyate Tribe were sentenced in federal court on August 21, 2017.
Gerald German Jr., 46, of Peever, South Dakota, was sentenced to 3 months of imprisonment, ordered to pay restitution in the total amount of $79,960, and ordered to pay a fine in the amount of $5,000. German’s restitution amount includes $63,000 to the Sisseton-Wahpeton Oyate, which is from a separate case in which he was indicted. That case was dismissed pursuant to the plea agreement.
Gerald Heminger Jr., 58, of Sisseton, South Dakota, was sentenced to 3 months of imprisonment, ordered to pay restitution in the amount of $5,337.50, ordered to pay a fine in the amount of $2,000, and to serve 3 years of supervised release after serving his prison sentence.
Colette White, 57, of Peever, was sentenced to 3 years of probation, ordered to pay restitution in the amount of $5,160, and ordered to pay a fine in the amount of $3,000.
According to court documents, from approximately June 2010, through March 2013, each of the defendants conspired to embezzle, steal, and knowingly convert to their own use funds from the Big Coulee District of the Sisseton-Wahpeton Oyate Tribe, an Indian tribal organization. The Big Coulee District is a political subdivision of the Tribe. The defendants were all elected executive board members or employees of the District at the time.
During the conspiracy, they stole a total of $81,542.50 from the District. German Jr. received $16,960 of the stolen funds, Heminger Jr. received $5337.50 of the stolen funds, and White received $5,160 of the stolen funds. Each defendant used the funds for his or her 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 United States Attorney’s Office, the participating agencies include: Federal Bureau of Investigation; the Offices of Inspector General for the Departments of Interior, Health and Human Services, Social Security Administration, Agriculture, Transportation, Education, Justice, and Housing and Urban Development; Internal Revenue Service, Criminal Investigation Division; U.S. Postal Inspector Service; U.S. Postal Service, Office of Inspector General.
For additional information about The Guardians Project, please contact the United States 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.
Wanblee Man Charged with Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Wanblee, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Rydell Iron Rope, age 44, was indicted on August 16, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 17, 2017, 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 April 28, 2017, and August 16, 2017, Iron Rope, 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, knowingly failed to register and update his registration.
The charge is merely an accusation and Iron Rope 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.
Iron Rope was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.