District of South Dakota
Press releases recorded for this federal judicial district.
Harrold Man Charged with AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Harrold, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Raynard Lee Howe, Jr., age 20, was indicted on July 11, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 17, 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 April 28, 2017, Howe forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with a correctional officer from the Bureau of Indian Affairs, while said correctional officer was engaged in the performance of his official duties. Said conduct involved physical contact with the correctional officer.
The charge is merely an accusation and Howe 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, Lower Brule Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Howe was released on bond pending trial. A trial date has not been set.
Eagle Butte Man Sentenced for RobberyRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Robbery was sentenced on July 17, 2017, by U.S. District Judge Roberto A. Lange.
Kobe Houston, age 19, was sentenced to 12 months and a day in custody, followed by 2 years of supervised release, restitution in the amount of $1,743 to be paid on a joint and several basis with three other defendants, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Houston was indicted by a federal grand jury on February 15, 2017. He pled guilty on April 24, 2017.
The conviction stems from an incident on July 2, 2016, when Kobe Houston, Ryker Talbot, Dominic Houston, and a juvenile discussed committing a robbery. Ultimately, the decision was made to rob the Eagle Stop. Shortly before 1:00 a.m. on Saturday, July 2, 2016, they all traveled to the vicinity of the Eagle Stop. Dominic Houston and the juvenile remained outside of the store and served as lookouts. Kobe Houston was the driver. Talbot entered the Eagle Stop carrying a Maverick 12-gauge shotgun, pointed the shotgun at the clerk and demanded money. Talbot then racked the shotgun and repeated his demand to be given money. The clerk gave Talbot money from the cash registers in the store. Talbot then demanded the clerk to give him two cartons of cigarettes. The clerk complied. Talbot then exited the store with the cash and cartons of cigarettes. All three of them then returned to the car and they left the scene. They later split up the proceeds acquired in the robbery.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services, and the Division of Criminal Investigation. Assistant U.S. Attorney Jay Miller prosecuted the case.
Kobe Houston was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on July 17, 2017, by U.S. District Judge Roberto A. Lange.
Kirk Johnson, age 48, was sentenced to 90 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.
Johnson was indicted by a federal grand jury on February 15, 2017. He pled guilty on April 25, 2017.
The conviction stems from an incident on January 9, 2017, when the victim was leaving his home in Dupree, South Dakota, to go to work. When he exited his house, he saw a gray car parked out front. Kirk Johnson and another individual were arguing. Johnson approached the victim and accused him of sleeping with his wife. The victim told Johnson that was not true. Johnson threatened to kill the victim, his fiancée, and his children. Johnson pointed the gun at the victim’s face, pointed it downward and shot at the ground 6 or 8 times around the victim’s feet, pistol-whipped the victim behind his left ear and then left on foot.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Johnson was immediately turned over to the custody of the U.S. Marshals Service.
Brookings Man Sentenced in Heroin and Methamphetamine Distribution ConspiracyRead the Press Release
United States Attorney Randolph J. Seiler announced that a Brookings, South Dakota, man convicted of conspiracy to distribute 500 grams or more of methamphetamine and 100 grams or more of heroin was sentenced on July 17, 2017, by U.S. District Judge Karen E. Schreier.
Luis Rolando Cabrera, age 20, was sentenced to 188 months in prison to be followed by five years of supervised release. He was also ordered to pay $200 to the Federal Crime Victims Fund.
Cabrera was indicted for the offenses by a federal grand jury on September 7, 2016. He pled guilty on April 12, 2017.
The investigation of Cabrera began when a package containing over two pounds of heroin was intercepted by law enforcement. The package was subsequently linked to Cabrera. A day later, law enforcement intercepted another package connected to Cabrera that contained approximately five pounds of methamphetamine.
This case was investigated by the Watertown Police Department, the Brookings Police Department, the Brookings County Sheriff’s Office, the South Dakota Division of Criminal Investigation, and the Drug Enforcement Administration. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
Cabrera was remanded to state custody to finish serving a prison sentence, and will immediately be turned over to the custody of the U.S. Marshals Service to begin serving his federal sentence once he has finished his state sentence.
Pierre Woman Indicted on Methamphetamine ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pierre, South Dakota, woman has been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance.
Adele Tahsequah, age 34, was charged by criminal complaint on June 28, 2017 and indicted on July 6, 2017. She appeared before U.S. Magistrate Judge Mark A. Moreno on July 10, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 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 June 21, 2017, Tahsequah knowingly and intentionally possessed with the intent to distribute methamphetamine, a Schedule II controlled substance, in South Dakota.
The charge is merely an accusation and Tahsequah is presumed innocent until and unless proven guilty.
This case is being investigated by the Federal Bureau of Investigation and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Tahsequah was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Wakpala Woman Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Wakpala, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance, was sentenced on July 6, 2017, by U.S. District Judge Roberto A. Lange.
Brooke Malenia Ducheneaux, age 31, was sentenced to 48 months in custody, followed by 3 years of supervised release, a fine of $500, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $100.
Ducheneaux was indicted by a federal grand jury on January 19, 2017. She pled guilty on April 17, 2017.
Between the March 1, 2014, and January 19, 2017, Ducheneaux knowingly and intentionally conspired with others to distribute methamphetamine in the District of South Dakota. Ducheneaux received distributable quantities of methamphetamine and distributed some of the methamphetamine in South Dakota. The individuals who provided Ducheneaux with methamphetamine knew that she intended to engage in further distribution. Ducheneaux admitted that more than 350 grams of methamphetamine was distributed during the course of the conspiracy.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division, the Federal Bureau of Investigation, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Ducheneaux was immediately turned over to the custody of the U.S. Marshals Service.
Tribal District Vice-Chair Appears in Federal Court for Embezzlement ChargeRead the Press Release
United States Attorney Randolph J. Seiler announced that a Lacreek District Vice-Chair has been indicted by a federal grand jury for Embezzlement and Theft from an Indian Tribal Organization.
Charles Leo Cummings, 57, of Martin, South Dakota, was indicted on June 20, 2017. He made his initial appearance before U.S. Magistrate Judge Daneta Wollman on July 7, 2017, and pled not guilty to the indictment.
The maximum term of imprisonment upon conviction is up to 5 years, and/or a $250,000 fine, a period of 3 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment charges that between December 28, 2015, and January 18, 2016, Cummings did willfully and knowingly embezzle, steal, misapply, and convert to his own use more than $1,000 of monies, funds, credits, goods, assets, and other property belonging to the Oglala Sioux Tribe.
The investigation is being conducted by the Federal Bureau of Investigation and the Department of Interior, Office of Inspector General. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting 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.
Eagle Butte Man Sentenced for Third Degree BurglaryRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Third Degree Burglary was sentenced on July 6, 2017, by U.S. District Judge Roberto A. Lange.
Daniel LeBeau, age 31, was sentenced to 14 months in custody, followed by 3 years of supervised release, $3,745.00 in restitution, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
LeBeau was indicted by a federal grand jury on November 9, 2016. He pled guilty on April 17, 2017.
The conviction stems from an incident that happened between June 2, 2016, and June 13, 2016. LeBeau, who had been drinking alcohol with a friend, entered the victim’s home after parting company with his friend. The structure was in the process of being remodeled and was unoccupied. Once inside, he saw boxes of flooring and a toolbox. LeBeau removed several items from the structure. The total value of the listed property stolen was $2,360.00. There was also $50.00 in damage to the home. Some of the stolen property was recovered by law enforcement.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
LeBeau was immediately turned over to the custody of the U.S. Marshals Service.
Two Eagle Butte Men Charged with Firearm ViolationsRead the Press Release
United States Attorney Randolph J. Seiler announced that two Eagle Butte, South Dakota, men have been indicted by a federal grand jury for Unlawful Possession of Firearms and Ammunition.
Colten Walker Dolphus, age 30, and Elliot Tiger, age 27, were indicted on June 14, 2017. Dolphus appeared before U.S. Magistrate Judge Mark A. Moreno on June 15, 2017, and Tiger appeared on June 22, 2017. Both men pled not guilty to the Indictment.
The maximum penalty upon conviction for each individual is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, forfeiture of the firearms and ammunition, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on December 9, 2016, Dolphus and Tiger unlawfully received and possessed firearms, which had been shipped and transported in interstate and foreign commerce, because Dolphus had previously been convicted of a misdemeanor crime of domestic violence and, both Dolphus and Tiger were users of, and addicted to, a controlled substance.
The charges are merely accusations and Dolphus and Tiger are presumed innocent until and unless proven guilty.
This case is being investigated by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Dolphus and Tiger were released on bond pending trial. Trial is scheduled for August 22, 2017.
Rapid City Man Sentenced for Possessing Child PornographyRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid CityRapid City, South Dakota, man convicted of Possession of Child Pornography was sentenced on July 5, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Michael Vinton, age 41, was sentenced to 135 months of imprisonment, followed by 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Vinton was charged on October 18, 2016, and pleaded guilty on March 17, 2017. The charge relates to Vinton receiving and possessing child pornography from July 21 to July 23, 2016.
This case was investigated by the Internet Crimes Against Children Taskforce. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Vinton was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Possessing Child PornographyRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Possession of Child Pornography was sentenced on July 5, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Eric Dill, age 42, was sentenced to 6½ years of imprisonment, followed by 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Dill was charged on November 3, 2015, and pleaded guilty on March 17, 2017. The conviction stems from Dill receiving and possessing child pornography from March 21 to April 8, 2015.
This case was investigated by the Internet Crimes Against Children Taskforce. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Dill was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on July 6, 2017, by U.S. District Judge Roberto A. Lange.
Trevor Red Bird, age 28, was sentenced to 14 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.
Red Bird was indicted by a federal grand jury on March 15, 2017. He pled guilty on April 17, 2017.
Red Bird was convicted of Abusive Sexual Contact With a Minor in U.S. District Court in May 2008. As a result of this conviction, Red Bird is required to register as a sex offender. Between September 15, 2016, and November 8, 2016, Red Bird failed to reside at his registered address and did not properly update his sex offender registration, as required by law.
This case was investigated by the U.S. Marshals Service and the Rapid City Police Department. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Red Bird was immediately turned over to the custody of the U.S. Marshals Service.
Mobridge Man Sentenced for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mobridge, South Dakota, man convicted of Assault Resulting in Substantial Bodily Injury to an Intimate Partner was sentenced on July 6, 2017, by U.S. District Judge Roberto A. Lange.
Tracy Peters, age 51, was sentenced to 6 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.
Peters was indicted by a federal grand jury on November 9, 2016. He pled guilty on April 17, 2017.
The conviction stems from an incident on November 3, 2016. Tracy Peters went with his girlfriend to the Legion Club and the Golden Rule Bar in Eagle Butte to drink and socialize. Both of them became extremely intoxicated. After leaving the bar, they returned to the Cheyenne River Motel where Peters was living. The two of them began arguing before they got back to the motel. While she was still in the car, Peters struck the victim in the face. The victim sustained substantial cuts to her face that required stitches.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Peters was immediately turned over to the custody of the U.S. Marshals Service.
Mobridge Man Sentenced for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mobridge, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on July 5, 2017, by U.S. District Judge Charles B. Kornmann.
Richard Cadotte, age 55, was sentenced to 34 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. Restitution is being left open for 90 days.
Cadotte was indicted by a federal grand jury on October 14, 2015. He filed a Petition to Plead Guilty on October 26, 2016.
The conviction stems from an incident on September 19, 2015, when the victim was driving a tan vehicle down the water tower road near Wakpala, South Dakota, and struck a cow. As the victim was exiting his vehicle, Cadotte approached the scene, driving an older model blue car. The victim began to approach the vehicle and Cadotte stepped out, but then got right back into his vehicle. The victim then approached Cadotte’s car, jumped on the hood, and began to strike the windshield. Cadotte drove away, trying to shake the victim off the vehicle.
The victim fell from the vehicle, got back on his feet and began to return to his own vehicle. Cadotte turned around in his vehicle and accelerated towards the victim, striking him with the front of the vehicle. The victim flipped through the air, landing on the road way. Cadotte then proceeded to a near-by residence, dropped someone off, and left the area. A witness drug the victim off the road, fearing Cadotte intended to run him over again.
A sergeant and a patrol officer inspected the outside of the blue car, which had been stopped previously. A red substance was observed on the front grill, drivers head lights, windshield, and roof of the car.
As a result of this incident, the victim suffered two broken legs.
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Cadotte has been allowed to self-report to the custody of the U.S. Marshals Service by July 25, 2017.
Mission Man Sentenced for Drug PossessionRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Possession of a Controlled Substance was sentenced on June 27, 2017, by U.S. District Judge Roberto A. Lange.
Jeremy Joseph Douville, age 21, was sentenced to 6 months in custody with credit for time served, 1 year of supervised release, forfeiture of $2,281.91, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $25.
Douville was indicted by a federal grand jury on December 20, 2016. He pled guilty on May 3, 2017.
On December 6, 2016, Douville, knowingly and intentionally possessed marijuana, a Schedule I controlled Substance, in South Dakota.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Douville was released following sentencing.
Lake Andes Man Charged in Two Indictments with Sexual Abuse of Two Children Appears in Federal CourtRead the Press Release
United States Attorney Randolph J. Seiler announced that a Lake Andes, South Dakota, man has been charged in two separate indictments by a federal grand jury for Aggravated Sexual Abuse of a Child, Abusive Sexual Contact of a Child, and Felony Child Abuse and Neglect.
Wendell Clark Archambeau, Jr., age 36, was indicted on July 6, 2017. He appeared before U.S. Magistrate Judge Veronica L. Duffy and pled not guilty to the Indictments.
For each of the sexual abuse charges, the maximum penalty upon conviction is up to life imprisonment, and/or a $250,000 fine, 5 years and up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered. Because the felony child abuse and neglect charges involve victims who were different ages, the maximum penalty is 10 years in one case and 15 years in the other.
According to the first Indictment, between the winter and spring months of 2016, Archambeau engaged in a sexual act with a child under twelve years old. He also engaged in abusing the same child.
According to the second indictment, Archambeau engaged in two instances of sexual contact with a child under twelve years old. This conduct took place in 2013. He also engaged in abusing the same child.
The charges are merely accusations and Archambeau is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Yankton Sioux Tribe’s Law Enforcement. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.
Archambeau was ordered detained pending trial. A trial date relating to the first indictment has been set for August 1, 2017. A trial date regarding the second indictment has been set for September 12, 2017.
Mission Female Sentenced for Possession with Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, female convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on June 26, 2017, by U.S. District Judge Roberto A. Lange.
Yolanda Prue, age 32, was sentenced to a 12 month split sentence, with 3 months in custody and 6 months of home confinement and treatment, 3 years of supervised release, $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Prue was indicted by a federal grand jury on December 14, 2016. She pled guilty on April 11, 2017.
The conviction stemmed from an incident on May 3, 2016, when a Rosebud Sioux Tribe officer initiated a traffic stop of the vehicle, but the vehicle did not come to a stop. It pulled over two different times but began driving again.
Once the vehicle finally stopped, a search of the vehicle was performed and a digital scale and several syringes were found. Prue admitted the scale was hers, and admitted to using the scale for meth. She also admitted she had meth in several baggies on her person. Prue admitted she packaged the baggies as ¼ gram each and was selling them.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Prue was immediately turned over to the custody of the U.S. Marshals Service.
Sisseton Man Found Guilty of FraudRead the Press Release
United States Attorney Randolph J. Seiler announced today that Keith Hagen, age 49, of Sisseton, South Dakota, was found guilty of several counts of fraud by a federal jury on June 28, 2017.
Hagen and his former wife, Amanda Holy Bull, were indicted on February 9, 2016, for Conspiracy to Commit Mail Fraud and Wire Fraud, three counts of Wire Fraud, and four counts of Mail Fraud.
Hagen and Holy Bull leased pasture land from the Bureau of Indian Affairs. They used the land to provide custom cattle grazing services to cattle producers. They entered into contracts with several cattle producers, knowing that they did not lease enough pasture land to graze all of the cattle for which they had contracted. They took up-front payments from several producers, failed to provide the grazing services, and used the money for personal purposes. In all they defrauded producers out of over $200,000.
Each count has a maximum sentence of 20 years in prison and/or a $250,000 fine, 3 years of supervised release, restitution, and $100 to the Federal Crime Victims Fund.
The investigation was conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Ann M. Hoffman is prosecuting the case.
Holy Bull, age 33, also of Sisseton, South Dakota, pled guilty to the conspiracy charge and will be sentenced on October 30, 2017. Hagen will be sentenced October 16, 2017.
Rapid City Man Sentenced for Role in Child’s DeathRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Misprison of a Felony was sentenced on June 20, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Mitchell Lee Wisecarver, age 44, was sentenced to time served of 17.5 months, 1 year of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Wiscarver was charged on September 15, 2015, and pleaded guilty on March 3, 2017. The conviction stems from Wiscarver covering up for his wife, Lori Wisecarver, and allowing the continued physical abuse of a young boy from October 2014 to February 2015. The abuse ultimately caused the death of the child.
This case was investigated by the Federal Bureau of Investigation, the Bureau of Indian Affairs Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorneys Sarah B. Collins and Eric Kelderman prosecuted the case.
Mission Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on June 28, 2017, by U.S. District Judge Roberto A. Lange.
Benjamen T. Flute, a/k/a Benjamin T. Flute, age 38, was sentenced to 18 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.
Flute was indicted by a federal grand jury on January 19, 2017. He pled guilty on April 11, 2017.
Flute was convicted of Second-Degree Rape in Caddo County, Oklahoma, in December 2007. As a result of this conviction, he is required to register as a sex offender and to update his registration within three business days of relocation or changing employment. In November 2016, Flute moved to Mission, South Dakota, but did not update his registration. He was arrested by Rosebud Sioux Tribe Law Enforcement Services on December 15, 2016, and charged with failure to register as a sex offender in Rosebud Sioux Tribal Court. He subsequently bonded out of jail, but did not update his registration.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the U.S. Marshals Service. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Flute was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance, Methamphetamine, was sentenced on June 27, 2017, by U.S. District Judge Roberto A. Lange.
Adam Dean Stoneman, age 28, was sentenced to 70 months in custody, followed by 3 years of supervised release, a fine of $1,000, forfeiture of $60, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $100.
Stoneman was indicted by a federal grand jury on December 14, 2016. He pled guilty on April 11, 2017.
Between July 1, 2014, and December 14, 2016, Stoneman knowingly and intentionally conspired with others to distribute methamphetamine in the District of South Dakota.
Stoneman received distributable quantities of methamphetamine and distributed some of the methamphetamine in South Dakota. The individuals who provided Stoneman with the methamphetamine knew that he intended to engage in further distribution. Stoneman admitted that it was reasonably foreseeable to him that more than 200 grams of methamphetamine would be distributed during the course of the conspiracy.
When Stoneman was arrested on August 17, 2016, he had $60 in his possession that was proceeds of drug distribution activity. That money was seized by law enforcement and forfeited.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Stoneman was immediately turned over to the custody of the United States Marshals Service.
Minnesota Man Appeared in Federal Court to Face Fraud Conspiracy, Aggravated Identity Theft and Meth ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Minneapolis, Minnesota, man made his initial appearance in federal court, following an indictment being filed against him by a federal grand jury for Conspiracy to Commit Bank Fraud, Aggravated Identity Theft, and Possession with Intent to Distribute Methamphetamine.
Jason Maurice Fagin, age 38, was indicted on May 9, 2017. Fagin made his initial appearance in federal court on June 26, 2017, in Sioux Falls, South Dakota.
The maximum penalties upon conviction for each count are as follows: Conspiracy to Commit Bank Fraud has a penalty of up to 20 years of imprisonment and/or a $1,000,000 fine; Aggravated Identity Theft requires a mandatory 2 years of imprisonment to be served consecutively to any term of imprisonment for the Conspiracy to Commit Bank Fraud offense; and Possession with Intent to Distribute Methamphetamine has a penalty of up to 20 years of imprisonment and/or a $1,000,000 fine. Each count of conviction requires a term of years of supervised release and $100 to the Federal Crime Victims Fund. Restitution and forfeiture may also be ordered.
According to the indictment, between September 2016 and November 16, 2016, Fagin engaged in a scheme to defraud financial institutions while using the personal identifying information of other individuals. Fagin would use the proceeds of the fraud scheme to purchase methamphetamine for his use and to distribute to others for money.
The charges are merely accusations and Fagin is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, the Flandreau Police Department, and the Flandreau Sioux Tribe’s Police Department. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.
Fort Thompson Man Sentenced for Assault Resulting in Serious Bodily InjuryRead 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 June 26, 2017, by U.S. District Judge Roberto A. Lange.
Conrad James Medicine Crow, age 45, was sentenced to 21 months in custody, followed by 24 months of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Medicine Crow was indicted by a federal grand jury on October 12, 2016. He pled guilty on April 11, 2017.
The conviction stemmed from an incident on August 16, 2016, when Medicine Crow had been drinking alcohol. The victim had been walking on the side of the southbound lane of the highway when she saw a silver minivan approach her in the southbound lane and hit her. The van, driven by Medicine Crow, did not stop and fled the scene. As a result of the crash, the victim suffered serious bodily injury.
This case was investigated by the Bureau of Indian Affairs. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Medicine Crow was immediately turned over to the custody of the U.S. Marshals Service.
Former Tribal Executive Sentenced to Federal Prison for EmbezzlementRead the Press Release
United States Attorney Randolph J. Seiler announced today that a former executive board member of the Sisseton-Wahpeton Sioux Tribe was sentenced in federal court to 20 months of imprisonment.
Thomas Adams, 46, and of the Old Agency District, was also ordered to pay restitution in the amount of $151,477, and to serve three years of supervised release after serving his prison sentence.
According to court documents, beginning on or about January 20, 2011, and continuing through March 9, 2013, in the District of South Dakota and elsewhere, Thomas Adams formed an agreement with others to embezzle, steal, and knowingly convert to their own use, funds from the Old Agency District of the Sisseton Wahpeton Oyate Sioux Tribe ("Tribe"), an Indian tribal organization. Adams joined the agreement knowing its illegal purpose. The Old Agency District ("District") is a subdivision of the Tribe.
Adams, among others, were elected executive board members of the District. During the relevant time period, the District's executive board members were entitled to receive a monthly stipend for their service. From approximately January 2011 through March 2013, Adams and others stole money from the District by writing checks to themselves for payroll, stipends, assistance, travel, and other miscellaneous reasons. As part of his plea agreement, Adams stated that his co-defendants stole a total of $415,499 from the District. The Defendant received $164,477 of the stolen funds and used the funds for his own purposes.
The investigation is being conducted by the Federal Bureau of Investigation and the United States Attorney’s Office. Assistant U.S. Attorney Ann M. Hoffman is prosecuting 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.
Executive Director of Tribal Investment Firm Pleads Guilty to Fraud in Federal CourtRead the Press Release
United States Attorney Randolph J. Seiler announced today that a Fort Thompson, South Dakota, woman pleaded guilty to wire fraud and federal program fraud in federal court in Pierre, South Dakota.
Tally Colombe, 42, pleaded guilty before U.S. District Judge Roberto A. Lange.
Wire Fraud carries a maximum sentence of 20 years in prison, Program Fraud carries a maximum sentence of 10 years in prison. Each count of conviction also carries a possible maximum fine of $250,000, a period of supervised release of 3 years, an assessment of $100, and restitution.
According to plea documents filed with the Court, beginning on or about June 1, 2015, through and including October 1, 2016, in the District of South Dakota and elsewhere, Tally Colombe, having devised a scheme and artifice to defraud by means of false and fraudulent pretenses, representations and promises, caused to be transmitted by means of electronic wire communications in interstate commerce, writings, signs, signals, pictures and sounds for the purpose of executing such scheme and artifice to defraud.
It was part of the scheme and artifice to defraud that the defendant, while serving as the Executive Director of Hunkpati Investments, used a debit card belonging to Hunkpati Investments to make personal purchases from several businesses, all without knowledge and authorization from Hunkpati Investments.
Beginning on or about June 1, 2015, through and including October 1, 2016, Colombe, as an agent of Hunkpati Investments, which was an organization and agency that received in each of the calendar years of 2015 and 2016 benefits in excess of $10,000 under a federal program involving a grant, contract, subsidy, loan, guarantee, insurance, and other form of federal assistance, did knowingly and intentionally embezzle, steal, obtain by fraud, and otherwise without authority knowingly convert to the use of persons other than the rightful owner, and intentionally misapply property worth at least $5,000 which was owned by and was under the care, custody and control of Hunkpati Investments.
Hunkpati Investments (Hunkpati), located in Fort Thompson, South Dakota, is a Native Community Development Financial Institution established to provide financial opportunities to stimulate economic development on the Crow Creek Sioux Reservation. Hunkpati services include a savings incentive program and lending for credit builder and small business loans. Hunkpati is funded by grants from the U.S. Department of Treasury, the U.S. Department of Agriculture, the U.S. Department of Health and Human Services, the Northwest Area Foundation, and several other small foundations. In 2015, Hunkpati received in excess of $30,000 in grants from federal agencies.
Hunkpati is governed by a Board of Directors (Board). Defendant served as an agent, that is, Executive Director, of Hunkpati from May of 2015, to approximately November of 2016, and reported to the Board. Prior to becoming the Executive Director, Defendant also served on the Board as a Board Member. As Executive Director, Defendant was responsible for advising the Board on the financial status of Hunkpati as well as maintaining compliance for Hunkpati’s spending pursuant to the federal grant requirements.
The unlawful purchases, and therefore the wire transfers, were made without authorization from the Board. Defendant did not disclose the purchases to the Board. The amount of identified suspicious expenditures and embezzled funds totals at least $15,001. The amount of embezzled funds could be as high as approximately $90,912.04.
The investigation is being conducted by the Federal Bureau of Investigation and the United States Attorney’s Office. Assistant U.S. Attorney Ann M. Hoffman is prosecuting 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.
Eagle Butte Man Indicted on Several Assault ChargesRead 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, Assault Resulting in Serious Bodily Injury, and Assault Resulting in Substantial Bodily Injury to an Intimate Partner.
Phillip Mound, age 25, was indicted on December 14, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 27, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 25 years in custody and/or a $250,000 fine, 9 years of supervised release, and up to $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on October 18, 2016, Mound unlawfully assaulted his dating partner causing her serious injuries.
The charges are merely accusations and Mound 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.
Mound was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rosebud Man Sentenced for Distribution of a Controlled Substance and Possession with Intent to Distribute a Controlled SubstanceRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man has been convicted of Distribution of a Controlled Substance and Possession with Intent to Distribute a Controlled Substance and was sentenced on June 26, 2017, by U.S. District Judge Roberto A. Lange.
Lloyd One Star, age 27, was sentenced to 5 months in custody followed by 5 months home confinement, 3 years of supervised release, a fine of $1,000, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
One Star was indicted by a federal grand jury on November 9, 2016. He pled guilty on February 7, 2017.
The conviction stems from a traffic stop on March 7, 2016. A K9 alerted on the vehicle and the officers found several baggies containing methamphetamine, a Schedule II Controlled Substance. One Star admitted that he received distributable quantities of methamphetamine and that he engaged in distribution
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
One Star was immediately turned over to the custody of the U.S. Marshals Service.
Rosebud Man Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man convicted of Assaulting a Federal Officer was sentenced on June 26, 2017, by U.S. District Judge Roberto A. Lange.
Laverne White Hose, age 28, was sentenced to 6 months in custody, followed by 6 months of home confinement, 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
White Horse was indicted by a federal grand jury on October 12, 2016. He pled guilty on April 11, 2017.
The conviction stemmed from an incident that occurred during a traffic stop near Mission, on August 13, 2016. White Horse, who was initially stopped for an equipment violation, was subsequently arrested for Driving Under the Influence. As he was being arrested, White Horse became uncooperative and belligerent with the arresting officer, a Rosebud Sioux Tribe Police Officer. After the officer placed White Horse in wrist restraints, White Horse spitvbdirectly in the officer’s face.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
White Horse was immediately turned over to the custody of the U.S. Marshals Service.
Porcupine Man Found Guilty of Second Degree MurderRead the Press Release
United States Attorney Randolph J. Seiler announced that Marlin Iron Crow, age 44, of Porcupine, South Dakota, was found guilty of Second Degree Murder as a result of a federal trial in Rapid City, South Dakota. The jury returned the verdict on June 30, 2017.
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.
The conviction stems from Iron Crow killing the male victim on November 11, 2016, at Porcupine by beating him with his hands and shod feet
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. Iron Crow was remanded to the custody of the U.S. Marshals Service pending sentencing.
Eighth Circuit Court of Appeals Affirms Conviction and 30 Year Sentence for Assault and Domestic Assault by a Habitual OffenderRead the Press Release
United States Attorney Randolph J. Seiler announces that the Eighth Circuit Court of Appeals has affirmed the district court in appeal no. 16-3483, United States of America, appellee, v. Denny Johnson, Sr., appellant.
Johnson lived in Kenel, South Dakota, on the Standing Rock Indian Reservation. He sexually assaulted and restrained his victim over the course of several weeks in December 2013 and January 2014.
Following a trial, a jury found Johnson guilty of two counts of aggravated sexual abuse, one count of assault with a dangerous weapon, one count of simple assault, and one count of domestic assault by a habitual offender. He was sentenced to 30 years of imprisonment, followed by five years of supervised release.
On appeal, Johnson argued that the district court should have excluded various pieces of evidence and should have allowed evidence about the victim’s past actions. He also argued about the sentencing court’s inclusion of certain sentencing enhancement based on his victim’s vulnerability and his obstruction of justice. The Eighth Circuit affirmed the district court in all respects. In particular, the Court discussed at length the value and credibility of the expert testimony provided by the executive director of the South Dakota Network Against Family Violence and Sexual Assault.
U.S. Attorney Seiler reflected on the decision, “It’s another great example of the fine work being done by our office and our partners to bring justice to domestic abusers.”
Assistant U.S. Attorney Troy Morley prosecuted the case at trial and handled the appeal for the government. The case was investigated by the Federal Bureau of Investigation.
Three Men Charged with Larceny and Misprision of a FelonyRead the Press Release
United States Attorney Randolph J. Seiler announced that two Eagle Butte, South Dakota, men, and a Howes, South Dakota, man have been indicted by a federal grand jury for Larceny and Misprision of a Felony.
Kolby Longbrake, age 24, Kelan Gesinger, age 28, and Matthew Houston, age 21, were indicted on June 14, 2017. They appeared before U.S. Magistrate Judge Mark A. Moreno on June 16, 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 up to $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between January 15, 2016, and April 3, 2016, Longbrake unlawfully took and carried away items valued at more than $1,000.
The Indictment also alleges that between March 11, 2016, and April 23, 2016, Longbrake, Gesinger, and Houston, stole a 2002 Delta 24’ goose neck trailer, valued at more than $1,000. All three defendants concealed stealing the neck trailer and did not, as soon as possible, make known the same to a judge or other person in civil authority under the United States.
The charges are merely accusations and Longbrake, Gesinger, and Houston are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Longbrake and Houston were released on conditions pending trial, and Gesinger was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
St. Francis Man Charged with Assaulting a Federal OfficerRead 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 Assaulting, Resisting, and Impeding a Federal Officer.
Anthony Zotti, age 21, was indicted on June 14, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 20, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 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 or about May 25, 2017, Zotti assaulted a federal law enforcement officer, and that the assault involved bodily injury.
The charge is merely an accusation and Zotti 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.
Zotti was released on bond pending trial. A trial date has not been set.
St. Francis Man Charged with Assaulting a Federal OfficerRead 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 Assaulting, Resisting, and Impeding a Federal Officer.
Christopher Little Elk, age 34, was indicted on June 14, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 20, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 8 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 or about May 12, 2017, Little Elk assaulted a federal law enforcement officer.
The charge is merely an accusation and Little Elk 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.
Little Elk was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rapid City Man Sentenced for Attempted Enticement of a MinorRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid CityRapid City, South Dakota, man convicted of Attempted Enticement of a Minor Using the Internet was sentenced on June 21, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Nathaniel Johnross Weibel, age 32, was sentenced to 25 years of imprisonment, followed by a lifetime supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Weibel was charged on February 23, 2016, and pleaded guilty on March 3, 2017. The conviction stems from Weibel enticing several minor females to engage in illegal sexual activity using the internet.
This case was investigated by the Internet Crimes Against Children Taskforce. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Weibel was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Indicted for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Don Williams, age 45, was indicted on June 14, 2017. Williams appeared before U.S. Magistrate Judge Daneta Wollmann on June 16, 2017, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Williams failing to register and update his registration as a convicted sex offender between October 13, 2016, and April 24, 2017.
The charge is merely an accusation and Williams is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Williams was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been not been set.
Rapid City Man Indicted for Commercial Sex TraffickingRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Commercial Sex Trafficking.
Kevin D. Jenkins, age 41, was indicted on June 14, 2017. Jenkins appeared before U.S. Magistrate Judge Daneta Wollmann on June 16, 2017, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is up to life imprisonment and/or a $250,000 fine, a mandatory minimum term of 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Jenkins obtaining a child between the ages of 14 and 18, to engage in a commercial sex act between January and August of 2016.
The charge is merely an accusation and Jenkins is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. U.S. Attorney Megan Poppen is prosecuting the case.
Jenkins was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Eagle Butte Woman Charged with AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, woman has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Brianna High Elk, age 23, was indicted on June 14, 2017. She appeared before U.S. Magistrate Judge Mark A. Moreno on June 16, 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 April 16, 2017, High Elk unlawfully assaulted a female victim with shod feed, causing serious bodily injury.
The charges are merely accusations and High Elk 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.
High Elk was released on bond pending trial. A trial date has not been set.
Eagle Butte Men Charged with Multiple CountsRead the Press Release
United States Attorney Randolph J. Seiler announced that two Eagle Butte, South Dakota, men have been indicted by a federal grand jury for First Degree Burglary, Assault with Intent to Commit Murder, Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and Robbery.
Bevan Bordeaux, age 30, was indicted on June 14, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 19, 2017, and pled not guilty to the Indictment.
Payton Bartlett, age 18, was indicted on June 14, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 20, 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 $400 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on April 18, 2017, Bordeaux and Bartlett broke into someone’s home and stole money, as well as assaulted the owner of the home with shod feet and a knife. The assault resulted in serious bodily injury.
The charges are merely accusations and Bordeaux and Bartlett are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Bordeaux and Bartlett were remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Eagle Butte Man Indicted on Methamphetamine ChargesRead 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 Conspiracy to Distribute a Controlled Substance and Possession with Intent to Distribute a Controlled Substance.
Elliot Robert Blue Coat, age 40, was indicted on June 14, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 15, 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 $400 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between April 1, 2014, and June 14, 2017, Blue Coat knowingly and intentionally conspired with others to distribute and possess with the intent to distribute methamphetamine, a Schedule II controlled substance, in South Dakota.
The charges are merely accusations and Blue Coat 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.
Blue Coat was released on bond pending trial. A trial date has not been set.
Eagle Butte Man Charged with AssaultRead 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 Assaulting, Resisting, Opposing, and Impeding a Federal Officer.
Pete Knight, age 54, was indicted on June 14, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 16, 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 $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on May 8, 2017, Knight forcibly assaulted, resisted, opposed, impeded, and interfered with the Ziebach County Sheriff, as well as officers from the Cheyenne River Sioux Tribe, while they were engaged in the performance of their official duties and said conduct involved physical contact with the Sheriff.
The charges are merely accusations and Knight 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.
Knight was released on bond pending trial. A trial date has not been set.
Eagle Butte Man Charged with AssaultRead 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 Assaulting, Resisting, Opposing, and Impeding a Federal Officer.
Matthew Dupris, age 29, was indicted on June 14, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 16, 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 up to $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on May 25, 2017, Dupris forcibly assaulted, resisted, opposed, impeded, and interfered with an officer with the Cheyenne River Sioux Tribe, while the officer was engaged in the performance of his official duties.
The charge is merely an accusation and Dupris 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.
Dupris was released on bond pending trial. A trial date has not been set.
Colorado Man Charged with Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Littleton, Colorado, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Anthony One Star, Jr., a/k/a Tony One Star, age 29, was indicted on May 16, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 22, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 8 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 or about March 22, 2017, One Star assaulted a federal law enforcement officer.
The charge is merely an accusation and One Star is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
One Star was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rapid City Man Charged with Illegally Possessing FirearmsRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man was charged in federal district court with Possession of an Unregistered Firearm and Possession of a Stolen Firearm.
Vance Layne Woodford, age 46, was charged on February 22, 2017. Woodford appeared before U.S. Magistrate Judge Daneta Wollmann on June 14, 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 $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Woodford illegally being in possession of a firearm suppressor and a .223 caliber rifle. The charges are merely an accusation and Woodford is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Ben Patterson is prosecuting the case.
Woodford was released pending trial. A trial date has not been set.
Porcupine Man Charged with AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Porcupine, South Dakota, man was charged in federal district court with Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Olin Janis, age 40, was charged on April 18, 2017. He appeared before U.S. Magistrate Judge Daneta Wollmann on June 14, 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 $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Janis assaulting another man at Rockyford, breaking his nose and arm. The charges are merely an accusation and Janis is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Ben Patterson is prosecuting the case.
Janis was released pending trial. A trial date has not been set.
Pine Ridge Man Charged in Death of ChildRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man was charged in federal district court with First Degree Murder – Felony Murder, Assault Resulting in Serious Bodily Injury of a Minor, Felony Child Abuse-Aggravated Battery of an Infant, and Felony Child Abuse and Neglect.
Zachariah Michael Poor Bear, age 23, was charged on May 23, 2017. Poor Bear appeared before U.S. Magistrate Judge Daneta Wollmann on June 14, 2017, and pleaded not guilty to the charges. The maximum penalty upon conviction is life 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 charges relate to Poor Bear abusing a young child, causing her death. The charges are merely an accusation and Poor Bear is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Sarah Collins is prosecuting the case.
Poor Bear was detained pending further hearing. A trial date has not been set.
Mission Man Faces Cocaine ChargesRead 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 Possession with Intent to Distribute a Controlled Substance.
Charles Griffen Spotted Elk, age 20, was indicted on May 16, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 13, 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 November 6, 2016, Spotted Elk possessed cocaine, a Schedule II controlled substance, with the intent to distribute it within the District of South Dakota.
The charge is merely an accusation and Spotted Elk is presumed innocent until and unless proven guilty.
This case is being investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Spotted Elk was released on bond pending trial. A trial date has not been set.
Fort Thompson Man Charged with Voluntary ManslaughterRead 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 Voluntary Manslaughter.
Zachery Lee Ziegler, age 31, was indicted on June 14, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 14, 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 May 23, 2017, Ziegler, upon a sudden quarrel and heat of passion, unlawfully killed another human being.
The charge is merely an accusation and Ziegler 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. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Ziegler was released on bond. A trial date has not been set.
Webster Men Sentenced for Taking, Killing, and Possessing Migratory BirdsRead the Press Release
United States Attorney Randolph J. Seiler announced that two Webster, South Dakota, men charged with Taking, Killing, and Possessing Migratory Birds pled guilty to and were sentenced on May 31, 2017, by William D. Gerdes, U.S. Magistrate Judge.
Brant Nelson, age 66 and Kirk Nelson, age 63, were sentenced to 36 months of probation, $10,850.00 joint and several restitution, $500 fine, and the loss of hunting privileges for 3 years.
The conviction stems from an incident that took place in the spring of 2016, when the Nelsons shot and killed over 200 pelicans and double-crested cormorants. Both species are migratory birds that are protected by the Migratory Bird Treaty Act and cannot be lawfully hunted or killed under any circumstances. The Nelsons shot the birds from their property that borders a small lake in Day County.
The investigation was conducted by the South Dakota Game, Fish & Parks Department and the U.S. Fish and Wildlife Service. The case was prosecuted by Assistant U.S. Attorney Jeffrey Clapper.
Nebraska Man Sentenced for Involuntary ManslaughterRead the Press Release
United States Attorney Randolph J. Seiler announced that an Alliance, Nebraska, man convicted of Involuntary Manslaughter was sentenced on June 13, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Michael L. Ghost, age 24, was sentenced to 72 months of imprisonment, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund and restitution in an amount to be determined at a later date.
Ghost was charged on February 23, 2016, and pleaded guilty on March 10, 2017. The conviction stems from Ghost driving a vehicle while intoxicated and speeding, causing it to crash, killing a passenger.
This case was investigated by the Bureau of Indian Affairs Office of Justice Services, the Federal Bureau of Investigation, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Ghost was immediately turned over to the custody of the U.S. Marshals Service.
Hot Springs Man Sentenced for Attempted Enticement of MinorsRead the Press Release
United States Attorney Randolph J. Seiler announced that a Hot SpringsRapid City, South Dakota, man convicted of Attempted Enticement of Minors Using the Internet was sentenced on June 13, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Dustin Christopher Scott, age 33, was sentenced to 12 years of imprisonment, followed by 15 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Scott was charged on August 23, 2016, and pleaded guilty on March 10, 2017. The conviction stems from Scott attempting to entice minor females to engage in illegal sexual activity using the internet.
This case was investigated by the Internet Crimes Against Children Taskforce. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Scott was immediately turned over to the custody of the U.S. Marshals Service.