District of South Dakota
Press releases recorded for this federal judicial district.
Box Elder Man Sentenced for Enticement of a MinorRead the Press Release
United States Attorney Randolph J. Seiler announced that a Box ElderRapid City, South Dakota, man convicted of Enticement of a Minor Using the Internet was sentenced on June 13, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Christopher Michael Fox, age 43, was sentenced to 20 years of imprisonment, followed by 10 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Fox was charged on June 14, 2016, and pleaded guilty on March 10, 2017. The conviction stems from Fox enticing two minor females, ages 11 and 16, 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.
Fox was immediately turned over to the custody of the U.S. Marshals Service.
Memorandum of Understanding Signed Regarding Youthful Offender Guidance on the Lower Brule ReservationRead the Press Release
United States Attorney Randolph J. Seiler announced the signing of a Memorandum of Understanding (MOU) between the Lower Brule Sioux Tribe (LBST) and the South Dakota U.S. Attorney’s Office at a ceremony in Lower Brule, South Dakota, on Wednesday, June 14, 2017. The signing ceremony took place in the Lower Brule Sioux Tribal Courtroom.
This MOU is a collaborative effort between the South Dakota U.S. Attorney’s Office and LBST to develop and effect a creative sentencing action plan, whereby eligible tribal members between the ages of eighteen (18) and twenty-four (24), who have committed crimes that do not fall into one of the prohibited categories of the MOU, may be afforded the opportunity to avoid federal prosecution and/or imprisonment. With the implementation of the MOU, youthful offenders will be given a chance to avoid federal convictions which may impact their future. It also allows families to remain intact and the tribe an opportunity to rehabilitate youth in an individualized manner.
The MOU will foster an increased cooperation between the LBST and the South Dakota U.S. Attorney’s Office to promote and increase peace and public safety for tribal communities. LBST Tribal Court has already established a Wellness Court that works to help low-level or misdemeanor offenders who want to overcome serious problems with, or addiction to, alcohol and other substances achieve lifetime sobriety or diversion away from the criminal justice system. Entry into the Wellness Court is not automatic and each request to participate is reviewed on a case by case basis and only a limited number of slots are available at any time.
The MOU was lauded by U.S. Attorney Seiler. “This truly is a great opportunity for youthful offenders on the Lower Brule reservation to have a second chance. Our goal is to make this program a viable alternative to incarceration, while at the same time, holding the offender accountable with less severe punishment. I commend Boyd Gourneau, Chairman of the Lower Brule Sioux Tribe, and Lorrie Miner, Chief Judge of the Lower Brule Sioux Tribe, for their commitment to this effort and their foresight in trying to make their reservation a safer place to live.”
The South Dakota U.S. Attorney’s Office will evaluate any referral of a federal youthful offender to the LBST Wellness Court and will then decide whether or not federal criminal charges should be pursued in federal court. The decision to pursue federal charges rests within the sole discretion of the South Dakota U.S. Attorney’s Office.
Minnesota Man Charged with Conspiracy to Commit Bank Fraud, Identity Theft, and Methamphetamine DistributionRead the Press Release
United States Attorney Randolph J. Seiler announced that a Minneapolis, Minnesota, man has been indicted 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. He is currently being held in Minnesota and will make his initial appearance in South Dakota in the near future.
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.
Lake Andes Man Charged with Assault and Felony Abuse and Neglect of a Child Under Seven YearsRead the Press Release
United States Attorney Randolph J. Seiler announced that a Lake Andes, South Dakota, man has been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury and Felony Abuse and Neglect of a Child Under Seven Years.
Jerrad Dean Clairmont, age 19, was indicted on May 9, 2017. He appeared before U.S. Magistrate Judge Veronica Duffy on June 12, 2017, and pled not guilty to the Indictment.
The maximum penalties upon conviction for each count are as follows: Assault Resulting in Serious Bodily Injury has a penalty of mandatory minimum of 10 years up to life imprisonment and/or a $250,000 fine; Felony Abuse and Neglect of a Child Under Seven Years has a penalty of 15 years of imprisonment and/or a $250,000 fine. Each count of conviction requires a term of years of supervised release and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
According to the indictment, in April 2017, Clairmont unlawfully assaulted a child who had not attained the age of 18 years, and said assault resulted in serious bodily injury. Clairmont also intentionally and knowingly abused and exposed the child by subjecting the child to an environment which constituted mistreatment and abuse, and whom lacked proper parental care through the acts and omissions of the child’s parent, guardian, or custodian.
The charge is merely an accusation and Clairmont is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.
Clairmont was released on bond. A trial date has not been set.
Eagle Butte Man Charged with PerjuryRead 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 Perjury and False Declaration Before a Court.
Charlie Warren Marshall, age 26, was indicted on May 16, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 8, 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, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about the 13th day of March, 2017, Marshall, after having taken an oath before a U.S. District Judge for the District of South Dakota that he would testify, declare, depose and certify truthfully, knowingly and willfully stated that he was not under the influence of alcohol at his change of plea hearing, when he knew that statement to be false.
The charges are merely accusations and Marshall 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.
Marshall was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Nevada Man Sentenced for Attempted Sex TraffickingRead the Press Release
United States Attorney Randolph J. Seiler announced that a Henderson, Nevada, man convicted of Attempted Trafficking in Involuntary Servitude and Forced Labor was sentenced on June 2, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Michael Z. Preston, age 29, was sentenced to 24 months of imprisonment, followed by 2 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Preston was one of four men who were arrested and federally indicted as a result of an undercover sex trafficking operation conducted during the 2015 Sturgis Motorcycle Rally, targeting persons willing to pay to have sex with underage girls obtained through the Internet.
The conviction stemmed from Preston responding to an online advertisement posted by Division of Criminal Investigation undercover agents, which purported to offer young girls for sex. Following several messages with a person Preston believed to be associated with a 15 year-old girl, but who was in fact an undercover agent, he proceeded to negotiate the time and place they would meet, along with the price he would pay, which was $55.
The undercover operation and arrests were a joint effort between the South Dakota Division of Criminal Investigation, the Department of Homeland Security, the Federal Bureau of Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s office. Assistant U.S. Attorney Sarah Collins prosecuted the case.
Preston was immediately turned over to the custody of the U.S. Marshals Service.
McLaughlin Man Sentenced for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man convicted of Assault by Striking, Beating, and Wounding was sentenced on June 6, 2017, by U.S. District Judge Charles B. Kornmann.
George Little Eagle, Jr., age 33, was sentenced to 8 months and 1 week in custody, followed by 1 year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $25.
Little Eagle was indicted by a federal grand jury on March 15, 2017. He pled guilty on May 18, 2017.
The conviction stems from an incident on February 13, 2017, when Little Eagle and his significant other, the victim, were at a residence in Little Eagle visiting friends. A protracted argument began between the two when the defendant began to accuse the victim of “being with” his friends. This upset the victim and she attempted to leave, but Little Eagle grabbed her purse and continued arguing with her. The victim left to go sit in her car, which caused Little Eagle to become more upset as he thought she was going to leave him in Little Eagle. The argument continued, with Little Eagle eventually striking the victim, causing a bruise to form under her left eye.
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Little Eagle was immediately turned over to the custody of the U.S. Marshals Service.
Lower Brule Man Acquitted of AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, man was acquitted of Assaulting, Resisting, and Impeding a Federal Officer as a result of a federal jury trial in Pierre, South Dakota, on June 7, 2017.
Jade LaRoche, age 37, was indicted by a federal grand jury on July 19, 2016, for allegedly confronting two law enforcement officers with a knife.
The investigation was conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Lower Brule agency. The U.S. Attorney's Office prosecuted the case.
Sisseton Woman Pleads Guilty to Stealing from Tribal OrganizationRead the Press Release
United States Attorney Randolph J. Seiler announced today that Ann German, age 58, of Peever, South Dakota, pled guilty to one count of an Indictment charging her with Conspiracy to Commit Theft from an Indian Tribal Organization.
Indictment was filed October 6, 2015, charging German, along with Carrie Godfrey, a/k/a Carrie His Gun, a/k/a Carrie Kampeska, age 50, of Sisseton; Gerald German, Jr., age 46, of Peever; Calvin Max, Sr., age 50, of Sisseton; Gerald Heminger, Jr., age 58, of Sisseton; and Colette White, age 57, of Peever, with a conspiracy that began in June 2010, and continued through March 2013, to embezzle funds from the Big Coulee District of the Sisseton-Wahpeton Oyate Tribe. German was also charged with one count of Embezzlement and Theft from an Indian Tribal Organization, and the other defendants were charged with two counts of that offense.
All of the defendants except Calvin Max, Sr. have pled guilty to at least one count of the Indictment.
German was the District Coordinator of the Big Coulee District, and the other defendants were executive board members of the District.
The District has several types of assistance that District members can apply for and receive, including home repair and emergency repair. The Indictment alleges that German, and the others, stole money from the District by writing themselves checks and/or receiving checks for false home repair and emergency repair assistance payments. In this manner, German and her co-defendants stole over $80,000 from the District. German received at least $3,000 of the stolen funds.
Each count of the Indictment carries a maximum possible sentence of 5 years in custody and/or a $250,000 fine, 3 years of supervised release, a $100 payment to the Federal Crime Victims Fund, and restitution.
The investigation is being conducted by the Federal Bureau of Investigation and the U.S. Attorney’s Office. Assistant U.S. Attorney Ann M. Hoffman is prosecuting the case.
German is scheduled to be sentenced on September 1, 2017.
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 ongoing 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.
Sioux Falls Man Charged with Firearm OffenseRead the Press Release
United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Possession of Firearms by a Prohibited Person.
Ehab Abdulmutta Jaber, age 46, was indicted on May 9, 2017. He appeared before U.S. Magistrate Judge Veronica L. Duffy on May 19, 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.
The Indictment charges Jaber with unlawfully possessing five firearms between April 9, 2017, and April 21, 2017. It is alleged that Jaber cannot legally possess firearms because he is an unlawful user of, and addicted to, a controlled substance.
The charge is merely an accusation and Jaber is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Sioux Falls Police Department, Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Criminal Chief Dennis R. Holmes is prosecuting the case.
Jaber was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for July 25, 2017.
Ridgeview Man Charged with AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Ridgeview, South Dakota, man has been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury.
Sterlyn Bartlett, age 19, was indicted on May 16, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 2, 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 January 10, 2017, Bartlett assaulted his dating partner, causing serious bodily injury.
The charge is merely an accusation and Bartlett 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.
Bartlett was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Pennsylvania Man Sentenced for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Greensburg, Pennsylvania, man charged with Assault by Striking, Beating, and Wounding pled guilty and was sentenced on June 1, 2017, by U.S. Magistrate Judge Mark A. Moreno.
Marwan Sadekni, age 67, was sentenced to a $5,000 fine and $25 to the Federal Crime Victims Fund. Sadekni also needs to report this judgment to his current employer and the medical board.
The conviction stems from an incident that took place on February 25, 2015, when Sadekni, who worked as a doctor for several weeks at the Rosebud Indian Health Service Hospital in Rosebud, South Dakota, became upset with the victim, a nurse at the facility. He began swearing at the victim, pounded on the desk and then slammed his hand down, over the victim’s hand. The victim pushed Sadekni away with her elbow and ran out of the office.
The investigation was conducted by the Federal Bureau of Investigation. The case was prosecuted by Assistant U.S. Attorney Troy R. Morley.
Oglala Man Convicted of AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that Samuel Kills Crow Indian, a/k/a Samuel High Hawk, 29, of Oglala, South Dakota, was found guilty of Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury at the conclusion of a two-day federal jury trial in Rapid City. The jury returned their verdict on June 1, 2017.
The maximum penalty is ten years of imprisonment and/or a $250,000 fine, three years of supervised release, a $200 special assessment to the Federal Crime Victims Fund, and restitution.
The conviction stems from Kills Crow Indian stabbing and cutting a man multiple times with a knife, causing serious injuries.
This case was investigated by the Bureau of Indian Affairs Office of Justice Services and the Oglala Sioux Tribe Police Department. Assistant U.S. Attorney Ben Patterson prosecuted the case.
A presentence investigation was ordered and a sentencing date will be scheduled. The defendant was remanded to the custody of the U.S. Marshals Service.
North Dakota Man Sentenced for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Bismarck, North Dakota, man convicted of Assault Resulting in Substantial Bodily Injury to a Spouse or Intimate Partner was sentenced on May 31, 2017, by U.S. District Judge Charles B. Kornmann.
Christopher Plenty Chief, age 31, was sentenced to 24 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.
Plenty Chief was indicted by a federal grand jury on October 12, 2016. He pled guilty on January 6, 2017.
The conviction stems from an incident on January 10, 2014, when Bureau of Indian Affairs Law Enforcement was summoned to a residence in Wakpala, South Dakota, upon receiving a report of a domestic violence situation involving Christopher Plenty Chief and his intimate partner. Upon arrival, officers determined that the victim was in need of medical care and summoned an ambulance.
The victim told law enforcement that she and Plenty Chief got into an argument. Plenty Chief began to strike the victim with a closed fist to her face. Someone attempted to stop the assault, but was unsuccessful. Plenty Chief then drug the victim back to his family’s residence and continued to assault her by kicking her several times to the head and body. Plenty Chief’s brother attempted to intervene, which gave an opportunity for the victim to escape the residence and go to her aunt’s house, where law enforcement was summoned. As a result of the assault, the victim suffered multiple facial fractures.
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.
Plenty Chief was immediately turned over to the custody of the U.S. Marshals Service.
McLaughlin Man Sentenced for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man convicted of Domestic Assault by an Habitual Offender was sentenced on May 31, 2017, by U.S. District Judge Charles B. Kornmann.
Kyle White Bull, age 30, was sentenced to 27 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.
White Bull was indicted by a federal grand jury on January 19, 2017. He pled guilty on March 9, 2017.
The conviction stems from an incident on December 21, 2016, when White Bull and his wife were involved in an argument at their home in McLaughlin. The victim awoke that day to White Bull asking her questions, calling her names, and accusing her of sleeping with other men to which the victim denied the allegations. The victim told White Bull that she was going to leave the marital home, but White Bull told her that if she left, he was going to kill her. The couple then continued arguing and proceeded to shove each other, causing the victim to end up on the ground. White Bull grabbed the victim by the neck and held her down, while she continued struggling, attempting to get away. When she would attempt to get up, White Bull would push her back down, causing her to repeatedly hit her head on the floor.
Eventually the victim was able to escape the residence and reported the matter to the Bureau of Indian Affairs law enforcement. Law enforcement documented various injuries to the victim, including a large lump on the left front of her forehead, a scratch on her toe, a bruised ankle, and bruises to both knees.
At the time of this incident, White Bull had at least two final convictions in Standing Rock Sioux Tribal Court for offenses that would have been, if subject to federal jurisdiction, an offense against a spouse or intimate partner.
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.
White Bull was immediately turned over to the custody of the U.S. Marshals Service.
McLaughlin Man Charged with AssaultRead 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 with a Dangerous Weapon and Assault Resulting in Substantial Bodily Injury to an Intimate Partner.
Johnathan Guggolz, age 41, was indicted on May 16, 2017. He appeared before U.S. Magistrate Judge William D. Gerdes on May 30, 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 March 22, 2017, Guggolz knowingly assaulted his significant other with shod feet, with the assault resulting in substantial injury.
The charges are merely accusations and Guggolz is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Guggolz was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Lower Brule Man Acquitted of Several ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, man was acquitted of Assaulting, Resisting, and Impeding a Federal Officer, Assault with a Dangerous Weapon, and Brandishing of a Firearm During a Crime of violence as a result of a federal jury trial in Pierre, South Dakota, on June 1, 2017.
Philip Anthony Battese, age 36, was indicted by a federal grand jury on January 19, 2017, for resisting a law enforcement officer with a pistol.
The investigation was conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Lower Brule agency. The U.S. Attorney's Office prosecuted the case.
Fort Thompson Woman Sentenced for Child AbuseRead the Press Release
United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, woman convicted of Child Abuse was sentenced on May 15, 2017, by U.S. District Judge Roberto A. Lange.
Bonita Keeble, a/k/a Bonita Hare, age 35, was sentenced to 14 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.
Keeble was indicted by a federal grand jury on April 13, 2016. She pled guilty on February 21, 2017.
The conviction stems from an incident on July 27, 2015, when an officer with the Bureau of Indian Affairs was flagged down by Keeble standing in front of a residence. Keeble stated she was drunk and needed a ride home. The officer agreed to give her a ride, but Keeble then wanted to stop by her babysitter's house who was keeping her 24-day old son. The officer agreed to stop by the residence. The babysitter agreed to let Keeble in as long as she would go to sleep. When Keeble went into the home, her son was asleep in his car seat in a back bedroom with the babysitter. Keeble, who when interviewed, indicated she was very intoxicated, took her son, woke him up and tried to unsuccessfully nurse him. Keeble then got into the top twin bunk bed with him in her right arm. They eventually went to sleep. Keeble woke up the next morning, and her son was not breathing, and had her hair clenched in his fist. He was pronounced dead at the clinic. Keeble consented to a blood draw which indicated a BAC of .098% several hours after assuming care for her child.
This case was investigated by the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Keeble was immediately turned over to the custody of the U.S. Marshals Service.
Belle Fourche Woman Charged with Bank RobberyRead the Press Release
United States Attorney Randolph J. Seiler announced that a Belle Fourche, South Dakota, woman was charged in federal district court with Bank Robbery.
Kaycee Teppo, age 22, was charged on May 23, 2017. Teppo appeared before U.S. Magistrate Judge Daneta Wollmann on June 2, 2017, and pleaded not guilty to the charge.
The maximum penalty upon conviction is 20 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 Teppo robbing a bank in Spearfish on May 18, 2017. The charge is merely an accusation and Teppo is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Spearfish Police Department. Assistant U.S. Attorney Sarah Collins is prosecuting the case.
Teppo was detained until further review. A trial date has not been set.
Utah Man Sentenced to 110 Months for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a West Valley, Utah, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on May 16, 2017, by U.S. District Judge Roberto A. Lange.
Alfredo Chavez Mendoza, a/k/a Alfredo Chavez-Mendoza, a/k/a Maniac, a/k/a Julian, age 27, was sentenced to 110 months in custody, followed by 4 years of supervised release, a fine of $500, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $100.
Mendoza was indicted by a federal grand jury on April 13, 2016. He pled guilty on February 6, 2017.
Beginning in August of 2015, and continuing through April of 2016, Mendoza knowingly and intentionally conspired with others to distribute between 350 and 500 grams of methamphetamine, a Schedule II Controlled Substance, in South Dakota. Mendoza came to South Dakota with friends to “scope things out” and sell drugs. Mendoza admitted to selling methamphetamine to Kristina Lofton, who was convicted of conspiracy to distribute methamphetamine in and around Eagle Butte, South Dakota, and sentenced in January of 2017. Mendoza admitted he received distributable quantities of methamphetamine to distribute in South Dakota, and that he provided others with methamphetamine to further distribute.
This case was investigated by the Federal Bureau of Investigation, Northern Plains Safe Trails Drug Enforcement Task Force, and the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Mendoza was immediately turned over to the custody of the U.S. Marshals Service.
Rosebud Man Sentenced to 121 Months for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man convicted of Conspiracy to Distribute a controlled Substance was sentenced on May 16, 2017, by U.S. District Judge Roberto A. Lange.
Shaun Adam Espino, age 44, was sentenced to 121 months in custody, followed by 4 years of supervised release, a fine of $1,000, forfeiture of $7,682 in U.S. currency and two firearms, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $100.
Espino was indicted by a federal grand jury on March 15, 2016. He pled guilty on February 7, 2017.
Beginning in January of 2015, and continuing through March of 2016, Espino knowingly and intentionally conspired with others to distribute between 500 and 1,500 grams of methamphetamine, a Schedule II Controlled Substance, in South Dakota. Espino admitted that he received distributable quantities of methamphetamine from others who knew that he intended to engage in further distribution, and that he provided methamphetamine to others knowing that they intended to further distribute it. Found in Espino’s residence during the execution of a search warrant were 73 grams of methamphetamine, $7,682 in U.S. currency, a pistol, and a shotgun.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Espino was immediately turned over to the custody of the U.S. Marshals Service.
Little Eagle Woman Sentenced for Theft of a Postal Money OrderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Little Eagle, South Dakota, woman convicted of Theft of a Postal Money Order was sentenced on May 18, 2017, by U.S. District Judge Charles B. Kornmann.
Lucenda Bobtail Bear, age 35, was sentenced to 8 months in custody, followed by 3 years of supervised release, $275 in restitution, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Bobtail Bear was indicted by a federal grand jury on September 13, 2016. She pled guilty on January 6, 2017.
The conviction stems from an incident sometime between May 1, 2016, and June 20, 2016, when Bobtail Bear entered the Little Eagle Post Office and stole two postal money orders. The postal money orders were for the amounts of $165 and $110. The payee portion was left blank. At no time did Bobtail Bear tender payment to the U.S. Postal Service for these money orders.
Subsequently, Bobtail Bear went to a local pawn shop and purchased two small items from the pawn shop owner. She filled the name of the payee and received the two items she purchased and $245 dollars in change. Bobtail Bear then left the store with her items and cash.
This case was investigated by the U.S. Postal Inspection Service. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Bobtail Bear was immediately turned over to the custody of the U.S. Marshals Service.
Fort Thompson Man Charged with Kidnapping and 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 Kidnapping and Assault of a Dating Partner by Strangulation and Suffocation.
Chadwick Alex Harrison, age 21, was indicted on March 15, 2017. He appeared before U.S. Magistrate Judge William D. Gerdes on May 25, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, 5 years of supervised release, and up to $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on February 13, 2017, Harrison willfully and knowingly seized, confined, inveigled, decoyed, kidnapped, abducted and carried away his dating partner against her will. The Indictment also alleges that on February 12, 2017, and February 13, 2017, Harrison unlawfully assaulted the same victim by strangling and suffocating her, and attempted to do so.
The charges are merely accusations and Harrison is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Harrison was remanded to the custody of the U.S. Marshals Service pending trial which has been set for August 2, 2017.
Faith Man Sentenced to 121 Months for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Faith, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on May 15, 2017, by U.S. District Judge Roberto A. Lange.
Roy Antrim, age 40, was sentenced to 121 months in custody, followed by 5 years of supervised release, a fine of $7,500, forfeiture of $9,301 in U.S. currency and fourteen firearms, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $100.
Antrim was indicted by a federal grand jury on June 14, 2016. He pled guilty on February 21, 2017.
Beginning in September of 2015, and continuing through June of 2016, Antrim knowingly and intentionally conspired with others to distribute between 1.5 and 5 kilograms of methamphetamine, a Schedule II Controlled Substance, in South Dakota.
Antrim admitted to receiving distributable quantities of methamphetamine and distributing it to others within South Dakota. Antrim also admitted to possessing fourteen firearms, and having firearms in his possession while distributing methamphetamine. Antrim further admitted to being involved in the distribution of methamphetamine with Kristina Lofton of Eagle Butte, South Dakota, who was convicted of conspiracy to distribute methamphetamine and sentenced in January of 2017.
This case was investigated by the Federal Bureau of Investigation and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Antrim was immediately turned over to the custody of the U.S. Marshals Service.
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 Assault with a Dangerous Weapon and Assault Resulting in Substantial Bodily Injury to an Intimate Partner.
Julian Navarro, age 30, was indicted on May 23, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 24, 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 18, 2017, Navarro assaulted his intimate partner with a dangerous weapon, a bar, causing her substantial bodily injury.
The charges are merely accusations and Navarro is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Navarro was released on bond pending trial. A trial date has not been set.
Eagle Butte Man Acquitted of AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man was acquitted of Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury, as a result of a federal jury trial in Pierre, South Dakota, on May 24, 2017.
Andrew Frost, age 20, was indicted by a federal grand jury on October 12, 2016, and April 12, 2017.
The charges relate to an incident which occurred on June 25, 2016, when Frost allegedly assaulted two male victims, one of which sustained serious bodily injury and the other was assaulted with a dangerous weapon.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Services and the U.S. Attorney's Office prosecuted the case.
Rapid City Man Sentenced for Assaulting Federal Officers and Discharging a Firearm During a Crime of ViolenceRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Assaulting Federal Officers and Discharging a Firearm During and in Relation to a Crime of Violence was sentenced on May 22, 2017, by U.S. District Judge Roberto A. Lange.
Linn Jacob Cross Dog, III, age 23, was sentenced to 240 months in prison, followed by 5 years of supervised release, restitution in the amount of $840.60, and a special assessment to the Federal Crime Victims Fund in the amount of $300.
Cross Dog was indicted by a federal grand jury on May 17, 2016. He pled guilty on March 7, 2017.
The conviction stems from a series of events that occurred in May 2016 on the Rosebud Sioux Indian Reservation. At approximately 1:00 a.m., on the morning of May 11, 2016, a Rosebud Sioux Tribe Police Officer initiated a traffic stop of a vehicle with a headlight out near Parmelee, South Dakota. While the officer was speaking to the driver outside of the vehicle, a second officer arrived and walked a drug detector canine around the vehicle. canine alerted to a rear passenger door of the vehicle. Cross Dog, who had been seated in a passenger seat, climbed into the driver’s seat and told the remaining passengers, two women and two small children, that they were coming with him. He then drove away. While he was driving, Cross Dog produced a handgun, brandished it at the passengers, and put the gun in his mouth.
The police officers pursued Cross Dog’s vehicle at speeds up to 90 mph. After several minutes, Cross Dog turned onto a gravel road and stopped. He exited the vehicle and fled on foot with the handgun. The officers pulled up and continued their pursuit on foot. One of the officers eventually caught up to Cross Dog, who was ignoring commands to stop, and struck Cross Dog with his baton. Cross Dog turned and fired his handgun at the officer, wounding the officer in the forearm. The officers returned fire, but could not locate Cross Dog in the thick brush where he was hiding. Unable to see Cross Dog, the officers withdrew and sought medical attention for the wounded officer. Cross Dog escaped on foot. The wounded officer was taken by ambulance to Cherry County Hospital in Valentine, Nebraska, and then by air ambulance to Rapid City Regional Hospital in Rapid City. As a result of the shooting, he suffered life-threatening blood loss and a shattered ulna.
On May 12, 2016, Cross Dog was charged by criminal complaint in U.S. District Court with Assault with a Dangerous Weapon, and a warrant was issued for his arrest.
On May 13, 2016, law enforcement received information that Cross Dog was at a house in Parmelee, and went there to arrest him. Agents from the Federal Bureau of Investigation and the U.S. Marshals Service entered the house behind a ballistic shield and located Cross Dog sleeping in a bedroom, with his hand on a handgun. Cross Dog ignored commands to show his hands and not move, and instead turned over in the bed and put his hand between the bed and the wall. Believing Cross Dog was reaching for a gun, the agents rushed forward and pinned Cross Dog to the bed. Cross Dog was subsequently arrested. A loaded handgun, which was later determined to be the same gun he shot the police officer with, was found in his possession. Cross Dog, who had been awake and injecting methamphetamine for six days straight prior to shooting the police officer, will also forfeit ownership of the handgun as part of his sentence.
The case was investigated by the Federal Bureau of Investigation, the Rosebud Sioux Tribe Law Enforcement Services, the U.S. Marshals Service, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Numerous additional agencies were involved in the search for Cross Dog between May 11 and 13, 2016, including the Bureau of Indian Affairs, Rosebud Sioux Tribe Game, Fish and Parks Department, South Dakota Highway Patrol, South Dakota National Guard, South Dakota Division of Criminal Investigation, Mellette County Sheriff’s Office, Stanley County Sheriff’s Office, and the Pierre Police Department. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Cross Dog was immediately remanded to the custody of the U.S. Marshals Service.
Pine Ridge Man Sentenced for Child Abuse and NeglectRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man convicted of Felony Child Abuse and Neglect was sentenced on May 18, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.
James Lawrence Shangreaux, Sr., age 34, was sentenced to 10 years of imprisonment, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Shangreaux was charged on November 3, 2015, and pleaded guilty on January 3, 2017. The conviction stems from Shangreaux’s neglect of his minor son at Pine Ridge.
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 Megan J. Poppen prosecuted the case.
Shangreaux was immediately turned over to the custody of the U.S. Marshals Service.
Mission Woman Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, woman convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on May 22, 2017, by U.S. District Judge Roberto A. Lange.
Heather DuBray, age 46, was sentenced to time served in custody since the date of the offense through June 2, 2017, followed by 4 months home confinement, 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
DuBray was indicted by a federal grand jury on December 14, 2016. She pled guilty on March 7, 2017.
The conviction stems from an incident that occurred on November 7, 2016. On that date, DuBray was in custody in the Rosebud Adult Correctional Facility, Rosebud, South Dakota, and had been placed in an observation cell. She became combative and began throwing things. Corrections officers removed her from the observation cell and placed her in a restraint chair, at which point she struck two of the officers and spit on one of them.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
DuBray was immediately remanded to the custody of the U.S. Marshals Service.
Mission Man Sentenced for Involuntary ManslaughterRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Involuntary Manslaughter was sentenced on May 23, 2017, by U.S. District Judge Roberto A. Lange.
Jacob McCloskey, age 19, 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. As a condition of supervised release, McCloskey was also ordered to perform 80 hours of community service. Restitution may also be ordered.
McCloskey was indicted by a federal grand jury on August 16, 2016. He pled guilty on March 7, 2017.
The conviction stems from an incident that occurred on April 7, 2016, near Lakeview, in Todd County, South Dakota. McCloskey, then age 18, invited a group of friends, including the 17-year-old victim, to his home after school that day. At one point, the victim picked up a loaded .22 caliber long rifle that was sitting in the corner in a bedroom and asked if it was a BB gun. The victim was unfamiliar with firearms and loaded a round into the chamber. McCloskey then walked into the room, took the rifle from the victim, and removed the ammunition from the rifle. Believing the rifle was now unloaded, McCloskey pointed it at the victim and playfully asked if the victim wanted to be shot. The victim jokingly agreed. McCloskey then pointed the rifle at the victim’s forehead and pulled the trigger. The rifle discharged, fatally wounding the victim. McCloskey immediately called 911 and requested an ambulance. He told the other juveniles who were present to lie and say the rifle had discharged accidentally.
When law enforcement arrived, McCloskey falsely stated that the rifle had discharged accidentally after the victim had set it down. McCloskey subsequently admitted that he had pointed the rifle at the victim and pulled the trigger. He also admitted to telling the other juveniles who were present to lie about what happened.
This case was investigated by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
McCloskey was immediately remanded to the custody of the U.S. Marshals Service.
Eagle Butte Man Charged with Assault with a Dangerous Weapon and Child AbuseRead 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 and Child Abuse.
Carlin Jimi Jewett, Jr., a/k/a Jimmy Jewett, Jr., age 36, was indicted on May 16, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 23, 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 $400 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on March 31, 2017, Jewett unlawfully assaulted two juvenile females with a knife. Because they victims are under 18 years of age, two counts of Child Abuse were filed in addition.
The charges are merely accusations and Jewett 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.
Jewett was remanded to the custody of the U.S. Marshals Service 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 Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Colton White Feather, age 22, was indicted on May 16, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 19, 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 July 29, 2016, White Feather unlawfully assaulted an adult female with a mop handle, causing serious injuries to her.
The charges are merely accusations 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 released on bond pending trial. A trial date has not been set.
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.
Acey Brown, age 41, was indicted on May 16, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on March 4, 2017, Brown assaulted an adult male with shod feet, with the intent to do bodily harm to the victim.
The charge is merely an accusation and Brown 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.
Brown was released on bond pending trial. A trial date has not been set.
Gang Leader Sentenced to Nearly 20 Years in Prison for Gang-Related Violence and Shootings in Northwest DetroitRead the Press Release
DETROIT – A leader of the Band Crew street gang was recently sentenced to nearly 20 years in prison for his role in gang-related attempted murders, robberies, and shootings. An associate of the Band Crew street gang was also sentenced to nearly seven years in prison for his role in the gang’s criminal activities. Corey Deandre Mapp, a/k/a Lil Corey, 23, and Mario Perkins, a/k/a Rio, both of Detroit, were sentenced following their guilty pleas to RICO conspiracy, assault with a dangerous weapon in aid of racketeering, and use and carry of a firearm during and in relation to a crime of violence. Mapp and Perkins both pleaded guilty in late 2016, before Chief U.S. District Judge Denise Page Hood of the Eastern District of Michigan.
Acting U.S. Attorney Daniel L. Lemisch of the Eastern District of Michigan, Special Agent in Charge Robin Shoemaker of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Detroit Field Division, and Chief James Craig of the Detroit Police Department made the announcement.
“These convictions and sentences are particularly important since Mr. Mapp was a leader of the gang, participated in shootings, and encouraged this violence to occur, which included Mr. Perkins participation in gang-related shootings and violence” said Acting U.S. Attorney Lemisch. “We believe these sentences send a strong message of deterrence to those who may want to pursue the gang lifestyle.”
“These sentences are the culmination of countless hours of dedicated work by ATF agents and our law enforcement partners,” said Special Agent in Charge Shoemaker. “ATF will continue to aggressively target and dismantle criminal enterprises threatening the safety of Detroit’s citizens.”
According to court documents, Band Crew was an association comprised of smaller gangs, including Constantly Making Hundreds (CMH), Young N Crispy (YNC), Pushit (or Pusha) Boy Family (PBF), and Family Over Everything Love is Forever (FOE Life). Band Crew operated in northwest Detroit, and the gang’s members claimed this area as their territory by “tagging” buildings with gang-related graffiti, including markings such as “#22 BandCrew,” “BAND CREW,” “22 BAND CREW,” “YNCMH” and “PBF.” Band Crew members and associates worked to defend their territory, to promote and maintain the status and reputation of the gang, and to engage in or threaten violence in retaliation for perceived wrongs. Band Crew’s specific base of operation in northwest Detroit was in the area in and around Seven Mile Road, with Southfield Freeway to the west, West McNichols Road to the south, Eight Mile Road to the north, and Greenfield Road to the east. The gang members claimed this area as “Band Crew Territory.”
Mapp, Perkins, and their co-defendants were responsible for a multitude of crimes that took place in and around Northwest Detroit. Mapp and Perkins, according to plea agreements and court documents, directly participated or encouraged acts of assault with intent to murder, home invasions, aggravated assaults, shootings in public places, drug dealing, and robberies. Mapp’s criminal conduct spanned the duration from Band Crew’s inception until he and his co-defendants were arrested in the fall of 2015.
All defendants charged in the indictment have been convicted. In addition to Mapp and Perkins, six other members, leaders, and associates of the Band Crew, all of Detroit, have pleaded guilty to charges related to racketeering, assault a dangerous weapon in aid of racketeering, or other weapons offenses. The remaining Band Crew members are scheduled to be sentenced over the next three months.
A very important component to the federal prosecution was earlier successful state prosecutions by the Wayne County Prosecutor’s Office of a number of Band Crew members for specific violent state felony offenses that served as a foundation to the federal Racketeering Conspiracy.
The arrests and convictions in this case are, in part, the result of the Detroit One Initiative, a collaborative effort between law enforcement and the community to reduce homicide and other violent crime in Detroit. Through the lead efforts of the Comprehensive Violence Reduction Partnership Task Force, which consists of representatives of the ATF, Detroit Police Department, Michigan State Police, Michigan Department of Corrections and FBI, law enforcement authorities linked various acts of violence in Detroit to the Band Crew street gang, and identified the leaders and key members of the gang, who now have been held accountable. This prosecution was also part of a larger coordinated effort to address ongoing gang violence in Northwest Detroit. During the time of the Band Crew investigation, federal law enforcement and the U.S. Attorney’s Office also investigated, prosecuted, and convicted members of the RTM street gang, chief rival to the Band Crew.
The ATF and Detroit Police Department investigated the case. Assistant U.S. Attorney John N. O’Brien of the Eastern District of Michigan and Assistant U.S. Attorney Jeremy R. Jehangiri of the District of South Dakota prosecuted the case.
Five Tribal Executives Plead Guilty in Federal Court to Embezzlement SchemeRead the Press Release
United States Attorney Randolph J. Seiler announced today that five current and former executives of the Sisseton Wahpeton Oyate Tribe’s Big Coulee District in South Dakota pled guilty in federal court on May 5, 15, and 18, 2017. The guilty pleas were to charges that include Conspiracy to Commit Embezzlement from an Indian Tribal Organization and Embezzlement from an Indian Tribal Organization.
The federal case against these tribal executives was part of an initiative branded as The Guardians Project – a multi-agency law enforcement operation designed to investigate, uncover, disrupt, and prosecute public corruption, theft, and federal program fraud taking place on tribal lands in South Dakota.
The four defendants whom pled guilty on May 15 and 18 are as follows:
Carrie Godfrey, 49, of Sisseton, was Treasurer of the District Executive Board from January 2007 to January 2011, and Secretary of the Board from January 2011 through January 2015.
Gerald German, Jr., 44, of Peever, was Chairman of the District Executive Board from January 2007 through January 2015.
Gerald Heminger, Jr., 56, of Sisseton, was Vice Chairman of the District Executive Board from January 2007 to January 2011.
Colette White, 55, of Peever, has been Treasurer of the District Executive Board since January 2011.
These four defendants appeared before U.S. District Judge Charles B. Kornmann in Aberdeen, and each pled guilty to a felony charged in the Indictment. According to plea documents relating to Godfrey, German, Heminger, and White, from approximately June 2010 through March 2013, the four defendants conspired to embezzle, steal, and knowingly convert to their own use funds from the Big Coulee District of the Sisseton-Wahpeton Oyate Tribe (“Tribe”), an Indian Tribal organization. These defendants joined the agreement knowing its illegal purpose, and they conspired with each other and others. The Big Coulee District (“District”) is a political subdivision of the Tribe. These defendants are current or former executive board members of the District, and, during the conspiracy, they stole a total of $81,542.50 from the District.
The fifth defendant, Calvin Max, Sr., 48, of Sisseton, has been Vice Chairman of the District Executive Board since January 2011. Max pleaded guilty on May 5, 2017, to a felony count alleged in a separate indictment.
While Max’s plea agreement encompasses his conduct in the Big Coulee conspiracy, he also admitted to his role in stealing government property. Specifically, from approximately Feburary 2013 and through July 2013, Max and Gregory Meide, a separately convicted defendant, knowingly embezzled, stole, purloined, and converted to their own use money from the Federal Emergency Management Agency (FEMA). FEMA is an agency of the United States, and Max and co-defendant stole over $7,000 from FEMA’s Hazard Mitigation Grant program, by overbilling the program and then using the funds for their own purposes.
As to Godfrey, German, Heminger, and White, the maximum term of imprisonment is up to 5 years in custody for Conspiracy to Commit Embezzlement from an Indian Tribal Organization and Embezzlement from an Indian Tribal Organization. As to Max, the maximum term of imprisonment is up to 10 years in custody for Theft of Government Property. Each of the five defendants also faces the maximum penalties of a $250,000 fine, followed by 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The investigation is being conducted by the Federal Bureau of Investigation and the financial crime investigator at the U.S. Attorney’s Office. Assistant U.S. Attorney Ann M. Hoffman is prosecuting the case.
Ann German, 57, of Peever, who is currently the Big Coulee District Coordinator, is scheduled for a hearing before the Court on May 30.
The Guardians Project
The mission of The Guardians Project is to coordinate law enforcement efforts between these agencies to ensure the collaboration of forces, assets, and responsibilities, 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.
Since its inception in December 2015, The Guardians Project’s participants have dedicated efforts toward myriad investigations across the state, and those efforts have resulted in the opening of 29 investigations, the filing of 8 indictments naming 21 defendants, and the convictions of 14 defendants to date. Six of the indicted defendants are currently pending trial, and one defendant is scheduled to plead guilty. The Guardians Project is designed to enhance federal law enforcement efforts by uniting the expertise and resources of the participating thirteen federal investigative agencies. The agencies include:
Federal Bureau of Investigation
Department of Interior, Office of Inspector General
Department of Health and Human Services, Office of Inspector General
Social Security Administration, Office of Inspector General
Internal Revenue Service, Criminal Investigation Division
Department of Agriculture, Office of Inspector General
Department of Transportation, Office of Inspector General
Department of Education, Office of Inspector General
U.S. Postal Inspector Service
U.S. Postal Service, Office of Inspector General
Department of Housing and Urban Development, Office of Inspector General
Department of Justice, Office of Inspector General
United States Attorney’s Office, District of South Dakota
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 agency’s locally listed telephone number.
Rapid City Man Sentenced on Fraud and Tax ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Wire Fraud and Making and Subscribing a False Tax Return was sentenced on May 19, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Mike Lundy, a/k/a Barkley J.W. Lundy, age 68, was sentenced to 5 years of imprisonment, followed by 3 years of supervised release, and ordered to pay a $200 special assessment to the Federal Crime Victims Fund, $1,368,671.96 in restitution to victims, and $257,399.00 in restitution to the Internal Revenue Service.
Lundy was charged on February 7, 2017, and pleaded guilty on February 14, 2017. The conviction stems from Lundy, a registered investment advisor, encouraging clients to invest in a company called Associates Investments, which he claimed offered investments in municipal bonds or other types of securities. Numerous victims provided Lundy a total of $4,247,123.19. Associates Investments was not an actual investment firm, but rather Lundy took the investors’ money and deposited it into a checking account solely controlled by him. Despite leading the victims to believe he was investing the money provided to him and Associates Investments, the monies were never invested. Although some investors received payments on their investments, those payments were largely funded with incoming money fraudulently obtained from new investors. Lundy also used a portion of the monies for his own personal expenses such as a mortgage, vacations, a car, and remodeling projects. During the years in which Lundy was fraudulently running his scheme, he underreported his income to the Internal Revenue Service.
This case was investigated by the Internal Revenue Service Criminal Investigation. Assistant U.S. Attorney Ben Patterson prosecuted the case.
Lundy was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Illegally Possessing Body ArmorRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Possession of Body Armor by a Violent Felon was sentenced on May 18, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Eric William Ladeaux, age 30, was sentenced to 20 months of imprisonment, followed by 1 year of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Ladeaux was charged on October 20, 2015, and pleaded guilty on January 6, 2017.
The conviction stems from Ladeaux leading law enforcement on a high-speed chase and, after his arrest, was found to be wearing a ballistic vest. As a previously convicted felon, it is illegal for Ladeaux to possess body armor.
This case was investigated by the U.S. Marshals Service and the Rapid City Police Department. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Ladeaux was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Sentenced for Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on May 16, 2017, by U.S. District Judge Roberto A. Lange.
Justin H. Black Moon, age 27, was sentenced to 18 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.
Black Moon was indicted by a federal grand jury on November 9, 2016. He pled guilty on February 21, 2017.
The conviction stems from an incident that occurred on October 15, 2016, wherein Black Moon was confronted by a man at a public event in Rosebud, South Dakota. Black Moon assaulted and repeatedly struck the man, causing nasal and orbital bone fractures, which required hospitalization.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Black Moon was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Woman Sentenced for Distribution of a Controlled MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, woman convicted of Distribution of a Controlled Substance, was sentenced on May 15, 2017, by U.S. District Judge Roberto A. Lange.
Jorie Malcolm Cavanaugh, age 27, was sentenced to 6 months of home confinement at her parent’s home in Eagle Butte, or at another home or shelter outside of the Cheyenne River Sioux Tribe Indian Reservation, to commence within 30 days of the Court’s Judgment Order. She also received 4 years of probation, a $500 fine, and the $100 mandatory special assessment to the Federal Crime Victims' Fund.
Cavanaugh was indicted by a federal grand jury on December 14, 2016. She pled guilty on February 21, 2017.
Cavanaugh admitted to distributing methamphetamine, a Schedule II Controlled Substance, on three occasions in Eagle Butte; twice on July 7, 2016, and once on July 8, 2016.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Cavanaugh was released following sentencing.
Eagle Butte Woman Charged with Perjury, False Declaration Before a Court, and Criminal ContemptRead 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 Perjury, False Declaration Before a Court, and Criminal Contempt.
Demi Marie Gunville, age 24, was indicted on May 16, 2017. She appeared before U.S. Magistrate Judge Veronica L. Duffy on May 18, 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 $210 to the Federal Crime Victims’ Fund. Restitution may also be ordered.
The Indictment alleges that on January 27, 2017, Gunville, after having taken an oath before a competent tribunal, to testify truthfully, made false statements to a U.S. Magistrate Judge. The Indictment also alleges that Gunville willfully and unlawfully disobeyed and resisted a process, order, decree, and command of the U.S. District Court, in that she failed to comply with an order and command issued by a U.S. Magistrate Judge.
The charges are merely accusations and Gunville 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 SaraBeth Donovan is prosecuting the case.
Gunville was released on bond pending trial. A trial date has not been set.
Bismarck Man Sentenced for Receipt of Child PornographyRead the Press Release
United States Attorney Randolph J. Seiler announced that a Bismarck, North Dakota, man convicted of Receipt of Images Depicting the Sexual Exploitation of Minors, was sentenced on May 17, 2017, by U.S. District Judge Ralph R. Erickson, in Fargo, North Dakota.
Michael David Rivera, age 30, was sentenced to 7 years in custody, 5 years of supervised release, a $100 special assessment to the Federal Crime Victims Fund, and a $2,500 special assessment to the Domestic Trafficking Victims’ Fund.
Rivera was indicted by a North Dakota grand jury on October 6, 2016. The U.S. Attorney’s Office, District of South Dakota, handled prosecution of the case after the U.S. Attorney’s Office, District of North Dakota, recused itself from the matter. Rivera pled guilty on January 26, 2017.
“It is appropriate that this former federal law enforcement officer faced a federal judge in North Dakota for his offenses. This case proves that no one is above the law, including those federal officers who have previously sworn an oath to protect and serve our nation,” said Seiler. “Here, the U.S. Attorney’s Office for the District of North Dakota followed approved Department of Justice procedures to resolve any conflict or the appearance of impropriety it might have had, based upon its prior work alongside this disgraced officer. Appropriate steps were taken, as is done in every case, regardless of who the defendant is, to see that justice is done.” Seiler also commended the federal judiciary in Bismarck, which took steps to transfer the case to Fargo, since Rivera had a working relationship with courthouse employees in Bismarck.
The charge stems from the following facts:
In June 2016, Bismarck and other North Dakota state and federal law enforcement officers learned that Rivera, then a Deputy U.S. Marshal who worked at the federal courthouse in Bismarck, had been surreptitiously recording a variety of women, including juveniles, while they were in fitting rooms or in other parts of area stores. Some of the surreptitious recordings captured women and minors in various states of undress while they were in fitting rooms provided by local stores. Officers obtained search warrants to search Rivera’s Bismarck apartment, his vehicle parked at the federal courthouse in Bismarck, and his person, and to particularly look at any digital or computer media found at those locations. At his apartment, officers seized a computer that was password protected. Rivera was arrested on state charges related to the surreptitious recording of the adult and juvenile females, which were separately handled by in state court by authorities in Burleigh County, North Dakota.
Officers searched Rivera’s computer and found downloaded videos and images, including 36 or more pictures of child pornography and 52 or more videos of child pornography. A review of some of the downloaded videos, as a brief sample, included the sexual abuse of children, including toddlers and other children in the age range of 6 to 11. About 52 child pornography files, including mostly videos, were found in a user directory labeled “Michael” on Rivera’s computer.
The search also revealed artifacts in bookmarks, cache records, web history, and web visits. Some of those internet artifacts are commonly associated with child pornography and voyeur search artifacts. Internet access logs on the computer indicate some of the child pornography was received and accessed by Rivera between April 2016 and June 2016, in the District of North Dakota. The internet was used by Rivera to access visual depictions of minors engaging in sexually explicit conduct.
Rivera no longer is employed with U.S. Marshals Service.
The investigation was conducted by the Department of Homeland Security Homeland Security Investigations, Bismarck Police Department, North Dakota Crime Bureau’s Internet Crimes Against Children Task Force, and the Office of the Inspector General for the U.S. Department of Justice. Assistant U.S. Attorney Tim Maher is prosecuting the case on behalf of the U.S. Attorney General and U.S. Attorney Seiler. Based upon the request of the parties, Rivera was remanded back to state authorities to face his state court sentencing later this summer.
Wisconsin Man Charged with Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Baraboo, Wisconsin, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
James Nault-Hart, age 29, was indicted on December 14, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 15, 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 September 12, 2016, and October 5, 2016, Nault-Hart, who previously had been convicted of Sexual Assault of a Child, knowingly failed to register and update his registration with the Sex Offender Registration and Notification Act.
The charge is merely an accusation and Nault-Hart 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.
Nault-Hart 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 Involuntary ManslaughterRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Involuntary Manslaughter was sentenced on May 12, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Roger Janis, age 47, was sentenced to 60 months of imprisonment, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Janis was charged on June 14, 2016, and pleaded guilty on September 9, 2016. The conviction stems from Janis, while under the influence of alcohol, running over a five-year-old child with his pickup at Pine Ridge, causing the boy’s death.
This case was investigated by the Federal Bureau of Investigation and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Janis was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for EscapeRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Escape from Custody was sentenced on May 12, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Martin Garreau, age 23, was sentenced to 4 months of imprisonment and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Garreau was charged on November 16, 2016, and pleaded guilty on February 3, 2017. The conviction stems from Garreau leaving Community Alternatives of the Black Hills, where he was serving part of his federal prison sentence, without permission and failing to return.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Garreau was immediately turned over to the custody of the U.S. Marshals Service.
Norris Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Norris, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on May 15, 2017, by U.S. District Judge Roberto A. Lange.
Arnold Eagle Bear, Jr., age 34, was sentenced to 15 months in custody, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Eagle Bear was indicted by a federal grand jury on August 16, 2016. He pled guilty on March 13, 2017.
Eagle Bear was convicted of Sexual Abuse of a Minor in September 2014. As a result of this conviction, he is required to register as a sex offender. Eagle Bear was released from custody on June 10, 2016, and began supervised release. He initially registered as a sex offender, but then absconded from supervision and did not update his registration.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Eagle Bear was immediately turned over to the custody of the U.S. Marshals Service.
Murdo Man Sentenced for Possessing Child PornographyRead the Press Release
United States Attorney Randolph J. Seiler announced that a Murdo, South Dakota, man convicted of Possession of Child Pornography was sentenced on May 8, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Tyree Yellow Elk, age 22, was sentenced to 7 years of imprisonment, followed by 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Yellow Elk was charged on July 26, 2016, and pleaded guilty on January 13, 2017. The conviction stems from Yellow Elk knowingly distributing and receiving multiple images of child pornography between March 2014 and July 2016.
This case was investigated by the Internet Crimes Against Children Taskforce. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Yellow Elk was immediately turned over to the custody of the U.S. Marshals Service.
Mitchell Man Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mitchell, South Dakota, man convicted of two separate counts of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on May 15, 2017, by U.S. District Judge Roberto A. Lange.
Corey Johnson, age 31, was sentenced to 33 months in custody on a 2015 case, and 96 months in custody on a separate 2016 case, to be served concurrently, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $200.
Johnson was indicted by a federal grand jury on October 14, 2015, on his 2015 case, and on December 14, 2016, on his 2016 case. He pled guilty in both cases on February 21, 2017.
The conviction for his 2015 case stems from an incident on September 13, 2015, when Johnson’s mother called the Lower Brule dispatch because Johnson was talking about taking his own life. An officer with the Bureau of Indian Affairs was given the information, and was also advised that Johnson had an active state warrant.
The officer went to Johnson’s girlfriend home in Lower Brule. After confirming Johnson’s identity, the officer told Johnson to turn around and put his hands behind his back as he was going to be detained for state authorities. Johnson did not comply and took off running. The officer gave chase and was able to get ahold of Johnson. The two fell to the ground and wrestled around with Johnson continuing to resist arrest. Johnson was able to get to his feet first and while attempting to flee dragged the officer, causing scrapes to the officer’s arms. Johnson then took off running again, and the officer gave chase but was unable to locate Johnson. An Indictment was obtained and a warrant for his arrest issued.
The conviction from his 2016 case stems from an incident when Johnson was located on November 2, 2016, by two deputies with the U.S. Marshals Service in Lower Brule. The deputies arrived at the home and saw Johnson’s girlfriend in the driver seat of a vehicle and Johnson outside at the back of the vehicle. The deputies exited their vehicle and announced “United States Marshal” and “Federal Warrant”. One of the deputies ordered Johnson to show his hands. Johnson turned, looked at the deputies, and then dove into the middle seat of a Jeep and locked the doors. Johnson was ordered to get out of the vehicle, that they had a warrant and that he was under arrest. Johnson did not comply.
Johnson’s girlfriend was in the driver’s seat and they could see an infant child in a car seat near Johnson. The deputies then saw Johnson clench his fists and hold a weapon to his girlfriend’s neck. Johnson was yelling that he had a knife, that he would harm or kill his girlfriend and for the officers to leave. His girlfriend was seen to be visibly upset, crying and holding her hands up. She was not allowed to leave the vehicle. Johnson was between the small child in the car seat and the driver’s seat.
The deputies continued to order Johnson to get out of the car, but he continued to ignore commands and say he had a knife and would harm his girlfriend. One of the deputies broke out two of the windows of the Jeep. Johnson finally dropped his hands and then opened the door and was taken into custody. A knife was recovered from inside the vehicle.
This case was investigated by the Bureau of Indian Affairs, Lower Brule Agency, and the U.S. Marshals Service. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Johnson was immediately turned over to the custody of the U.S. Marshals Service.
Fort Thompson Woman Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, woman convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on May 15, 2017, by U.S. District Judge Roberto A. Lange.
Megan Azure, age 31, was sentenced to 4 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.
Azure was indicted by a federal grand jury on October 12, 2016. She pled guilty on February 27, 2017.
The conviction stems from an incident on March 21, 2015, when Azure, who was in the Lower Brule jail on tribal charges, was being non-compliant. A correctional officer with the Bureau of Indian Affairs was asked by another correctional officer to assist with Azure. The officers directed Azure to go back into the booking area for her housing assignment. Azure refused to go and began to argue with the officers. The correctional officer advised Azure to calm down and then took a small step back, at which time Azure said some profanity to the correctional officer and then tilted her head back and brought it forward with force striking the correctional officer in the face with her head. The correctional officer’s glasses went flying. As a result of the assault, the correctional officer suffered a swollen cheek, black eye and headaches and dizziness for a few days.
This case was investigated by the Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Azure was immediately turned over to the custody of the U.S. Marshals Service.
California Man Sentenced for Assault with the Intent to Commit Murder and Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Randolph J. Seiler announced that a Paramount, California, man convicted of Assault with the Intent to Commit Murder and Assault Resulting in Serious Bodily Injury was sentenced on May 15, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Daniel Hess, a/k/a Jason Hess, age 44, was sentenced to 20 years in custody, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund as to the charge of Assault with the Intent to Commit Murder. Hess 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 as to the charge of Assault Resulting in Serious Bodily Injury. The sentences were ordered to be served consecutively.
The conviction stems from Hess, Phyllis Lucero, and Seth Hernandez, driving to a 73-year-old woman’s home on the evening of October 17, 2015, and breaking into the home with the intent to assault the woman and her adult son and steal their belongings, mainly cash. The three defendants wore masks covering their faces in order to disguise their appearances. Once the three masked individuals gained entrance to the home, the two male defendants assaulted the adult male. Hess strangled the male victim, rendering him unconscious. Hess assaulted the 73-year-old female victim by kicking her as she laid in a pool of her own blood. The defendants went in and out of the home removing the victims’ personal property and loaded it into the female victim’s truck. Hess drove Lucero and Hernandez to separate locations within the Pine Ridge Reservation before returning to the victims’ home. When Hess returned a second time, he removed additional personal property and bound the male victim’s ankles with an electrical cord and his hands with duct tape. Hess bound the elderly woman’s hands and ankles with duct tape.
Upon being transported to the Rapid City Regional Hospital and admitted to the Intensive Care Unit, both victims were found to have extensive bruising and lacerations to their heads, bleeding on their brains, and rib fractures. The elderly woman had several lacerations to her face and head, which required 17 staples to secure.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, and the Federal Bureau of Investigation. Assistant U.S. Attorneys Megan Poppen and Ben Patterson prosecuted the case.
Hess was immediately turned over to the custody of the U.S. Marshals Service.
Fourteen Make Court Appearances in Project Dakota FlyerRead the Press Release
United States Attorney Randolph J. Seiler announced that fourteen individuals indicted for the illegal trafficking of eagles and other migratory birds have made their initial appearances in Federal Court. The Indictments were the result of a two-year undercover operation, dubbed Project Dakota Flyer.
Indicted Individuals Include:
Troy Fairbanks, 54, Rapid City, SD, charged with Conspiracy to Commit Wildlife Trafficking, and violations of the Bald and Golden Eagle Protection Act, Migratory Bird Treaty Act, and Lacey Act: CR 17-50036
Majestic Fairbanks, 22, Rapid City, SD, charged with Conspiracy to Commit Wildlife Trafficking: CR 17-50036
Troy Young Fairbanks, 24, Rapid City, SD, charged with Conspiracy to Commit Wildlife Trafficking: CR 17-50036
Alvin Brown, Jr., 37, Ethete, WY, charged with Conspiracy to Commit Wildlife Trafficking, and violations of the Bald and Golden Eagle Protection Act, Migratory Bird Treaty Act, and Lacey Act: CR 17-50035
Michael Primeaux, 32, Parmalee, SD/ Ethete WY, charged with Conspiracy to Commit Wildlife Trafficking, and violations of the Bald and Golden Eagle Protection Act and Migratory Bird Treaty Act: CR 17-50035
Aaron David West, 62, Eagle Butte, SD, charged with violations of the Bald and Golden Eagle Protection Act and Migratory Bird Treaty Act: CR-17-30051
Aaron David West, Jr., 33, Eagle Butte, SD, charged with violations of the Bald and Golden Eagle Protection Act and Migratory Bird Treaty Act: CR-17-30051
Jorge Pena, 44, Mt. Vernon, IA, charged with violations of the Lacey Act, Bald and Golden Eagle Protection Act, and Migratory Bird Treaty Act: CR-17-50056
Valencia Neck, 38, Parmelee, SD, charged with violations of the Lacey Act, Bald and Golden Eagle Protection Act, and Migratory Bird Treaty Act: CR-17-30050
Benjamin Iron Hawk, 44, Kyle, SD, charged with violations of the Lacey Act, Bald and Golden Eagle Protection Act, and Migratory Bird Treaty Act: CR-17-30050
Chet Christensen, 66, Tuthill, SD, charged with violations of the Lacey Act, Bald and Golden Eagle Protection Act, and Migratory Bird Treaty Act: CR-17-30052
Ronald Fisher, 64, Kyle, SD, charged with violations of the Lacey Act, Bald and Golden Eagle Protection Act, and Migratory Bird Treaty Act: CR-17-50057
Gary Fisher, 69, Gordon, NE, charged with violations of the Lacey Act, Bald and Golden Eagle Protection Act, and Migratory Bird Treaty Act: CR-17-50057
David Jasper, 60, Box Elder, SD, charged with violations of the Lacey Act, Bald and Golden Eagle Protection Act, and Migratory Bird Treaty Act: CR-17-30048
The defendants made their initial appearances between May 1, 2017, and May 9, 2017, in federal court in Pierre and Rapid City, SD. Trial dates have been set in June and July 2017. This case is being investigated by the U.S. Fish and Wildlife Service. Assistant U.S. Attorneys Eric Kelderman and Meghan N. Dilges are prosecuting the cases.
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