District of South Dakota
Press releases recorded for this federal judicial district.
Minnesota Man Indicted for Threatening Communications and StalkingRead the Press Release
United States Attorney Randolph J. Seiler announced that a Piedmont, South Dakota, man has been indicted by a federal grand jury for Threatening Communications, Stalking, and Repeated Telephone Calls.
Larry Wenthold, age 38, was indicted on February 22, 2017. Wenthold appeared before U.S. Magistrate Judge Daneta Wollmann on May 10, 2017, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is 10 years’ custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Wenthold, who was living in Minnesota at the time, sending repeated texts and telephone calls to a female and her mother and sister in South Dakota. These communications threatened their lives and put them in fear of death or serious bodily injury.
The charges are merely accusations and Wenthold is presumed innocent until and unless proven guilty.
The investigation is being conducted by the United States Marshals Service. U.S. Attorney Eric Kelderman is prosecuting the case.
Wenthold was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not yet been set.
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Kyle Man Found Guilty of Abusive Sexual ContactRead the Press Release
United States Attorney Randolph J. Seiler announced that Darrell Janis, age 57, of Kyle, South Dakota, was found guilty of two counts of Abusive Sexual Contact as a result of a federal trial in Rapid City, South Dakota.
The charges carry a maximum penalty of 10 years in custody and/or a $250,000 fine, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund for each count.
The charges relate to Janis using force to have sexual contact with a child, who was between the ages of 12 and 16, on December 11, 2015, at Kyle.
This case was investigated by the Federal Bureau of Investigation and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Megan Poppen prosecuted the case.
A sentencing date will be set. Janis was remanded to the custody of the U.S. Marshals Service pending sentencing.
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Lower Brule Woman Pled Guilty and Was Sentenced to Assaulting, Resisting, and Impeding a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, woman charged with Assaulting, Resisting, and Impeding a Federal Officer pled guilty and was sentenced on May 10, 2017, by U.S. Magistrate Judge Mark A. Moreno.
Majestic Byington, age 23, was sentenced to 12 months in custody, 12 months of supervised release, and $25 to the Federal Crime Victims Fund.
The conviction stems from an incident that took place on April 15, 2016, when a Special Agent with the Federal Bureau of Investigation responded to a call for assistance for an uncooperative female from the BIA.
Byington was located hiding under a bed. She was very belligerent, uncooperative and refused to stand up, calling law enforcement personnel names. Byington was carried outside because she refused to walk. Byington spat three times, through the cage area, at the FBI Special Agent. Her spit landing on his head, neck and shoulder.
The investigation was conducted by the Bureau of Indian Affairs, Lower Brule Agency. The case was prosecuted by Assistant U.S. Attorney Meghan N. Dilges.
Byington was remanded to the custody of the U.S. Marshals Service to serve her sentence concurrently with a state court sentence for assaulting an officer.
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Eagle Butte Woman Indicted on Methamphetamine ChargesRead 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 Conspiracy to Distribute a Controlled Substance, Possession with Intent to Distribute a Controlled Substance and Concealing a Person from Arrest.
Braxtyn Melecca Jo Garreau, age 21, was indicted on April 12, 2017. She appeared before U.S. Magistrate Judge Mark A. Moreno on April 21, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction for Conspiracy to Distribute a Controlled Substance and Possession with Intent to Distribute a Controlled Substance is up to 20 years in custody and/or a $1,000,000 fine, and a lifetime of supervised release. The maximum penalty upon conviction for Concealing a Person from Arrest is up to 5 years in custody and/or a $250,000 fine, and 3 years of supervised release. Both charges require a payment of $100 to the Federal Crime Victims Fund and restitution may also be ordered.
The Indictment alleges that between January of 2014 and April of 2017, Garreau knowingly and intentionally conspired with others to distribute methamphetamine, a Schedule II controlled Substance, within the district of South Dakota. The Indictment also alleges that Garreau possessed methamphetamine with the intent to distribute it on February 23, 2017, in Eagle Butte. The Indictment further alleges that between November 22, 2016 and February 6, 2017, Garreau harbored and concealed Emmett Traversie, so as to prevent his discovery and arrest on an alleged bond violation.
The charges are merely accusations and Garreau is presumed innocent until and unless proven guilty.
This case is being 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 is prosecuting the case.
Garreau was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
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Eagle Butte Female Sentenced for Distribution of a Controlled SubstanceRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, female convicted of two counts of Distribution of a Controlled Substance was sentenced on April 17, 2017, by U.S. District Judge Roberto A. Lange.
Ree Amber Eagle Staff, age 34, was sentenced to 16 months in custody and 4 years of supervised release on each count, to run concurrently, a fine of $1,000, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $200.
Eagle Staff was indicted by a federal grand jury on August 16, 2016. She pled guilty on January 30, 2017.
On July 28 and 29, 2016, in Eagle Butte, Eagle Staff distributed methamphetamine, a Schedule II Controlled Substance, to other persons.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division and Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Eagle Staff was immediately turned over to the custody of the U.S. Marshals Service.
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Dupree Woman Sentenced for Distribution of MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Dupree, South Dakota, woman convicted of two counts of Distribution of a Controlled Substance was sentenced on April 24, 2017, by U.S. District Judge Roberto A. Lange.
Skyla Rae Alyce Dupris a/k/a Skyla Dupree, age 25, was sentenced to 6 months in custody and 3 years of supervised release on each count, to run concurrently, a fine of $1,000, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $200.
Dupris was indicted by a federal grand jury on December 14, 2016. She pled guilty on February 7, 2017.
On June 23, 2016 and July 21, 2016, in Eagle Butte, Dupris knowingly and intentionally distributed methamphetamine, a Schedule II controlled substance, to other persons.
This case was 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 prosecuted the case.
Dupris was immediately turned over to the custody of the U.S. Marshals Service.
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Porcupine Man Pleads Not Guilty to Depredation of Government PropertyRead the Press Release
United States Attorney Randolph J. Seiler announced that a Porcupine, South Dakota, man has been indicted by a federal grand jury for Depredation of Government Property.
Curtis Temple, age 54, was indicted on April 18, 2017. Temple appeared before U.S. Magistrate Judge Daneta Wollmann on April 27, 2017, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is 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 charge relates to Temple committing a depredation against real property maintained by the U.S. Department of the Interior, Bureau of Indian Affairs, by overstocking and overgrazing land and vegetation that resulted in damage over $1,000, between March 25, 2013, and April 18, 2017.
The charge is merely an accusation and Temple is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Department of the Interior, Bureau of Indian Affairs. U.S. Attorney Megan Poppen is prosecuting the case.
Temple was released on bond pending trial. A trial date has been set for June 27, 2017.
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Martin Man Convicted of Drug ConspiracyRead the Press Release
United States Attorney Randolph J. Seiler announced that Arrow Lynn Curry, age 24, of Martin, South Dakota, was found guilty of Conspiracy to Distribute a Controlled Substance as a result of a federal jury trial in Rapid City, South Dakota. Curry was found not guilty of Use of a Firearm during a Drug Trafficking Crime. The jury returned the verdict on April 20, 2017.
The charge carries a maximum penalty of up to 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Curry was indicted by a federal grand jury on September 15, 2015.
In December of 2014, Curry conspired and agreed with other persons to intentionally distribute methamphetamine in South Dakota.
This case was investigated by the U.S. Postal Inspection Service, Unified Narcotics Enforcement Team, Bureau of Alcohol, Tobacco, Firearms & Explosives, South Dakota Division of Criminal Investigation, and Pennington County Sheriff’s Office. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
A presentence investigation was ordered and a sentencing date will be set. The defendant was remanded to the custody of the U.S. Marshals Service.
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Man and Woman Charged with Possession with Intent to Distribute a Controlled SubstanceRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man and a Crookston, Minnesota, woman have been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance.
June Swalley, a/k/a June Einspahr, a/k/a June Dmytrask, age 31, and Jeremey White Horse, age 40, were indicted on February 15, 2017. White Horse appeared before U.S. Magistrate Judge Mark A. Moreno on March 3, 2017, and Swalley appeared before U.S. Magistrate Judge Mark A. Moreno on May 9, 2017. They both 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, 2 years of supervised release, and up to $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on June 30, 2016, Swalley and White Horse knowingly and intentionally possessed with intent to distribute a detectable amount of methamphetamine, a Schedule II controlled substance.
The Indictment also alleges that on July 21, 2016, White Horse again knowingly and intentionally possessed with intent to distribute a detectable amount of methamphetamine.
The charges are merely accusations and Swalley and White Horse are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Swalley was remanded to the custody of the U.S. Marshals Service pending trial, and White Horse was released on bond. A trial date has been set for June 27, 2017.
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Lower Brule Man Charged with Robbery, Assault with a Dangerous Weapon, and Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for Robbery, Assault With a Dangerous Weapon, and Assault Resulting in Serious Bodily Injury.
Kyle Flute, a/k/a Kyle Pretty Sounding Flute, age 28, was indicted on March 22, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 8, 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 up to $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on March 4, 2016, Flute took and attempted to take by force, violence, and intimidation, money and checks from the victim, who he assaulted in the process with a wood board, causing serious bodily injury.
The charges are merely accusations and Flute 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 Meghan N. Dilges is prosecuting the case.
Flute was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
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Eagle Butte Woman Sentenced for Distribution of 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 April 24, 2017, by U.S. District Judge Roberto A. Lange.
Ebony Hope Justyne Cook, age 20, was sentenced to 8 months in custody, followed by 3 years of supervised release, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $100.
Cook was indicted by a federal grand jury on October 12, 2016. She pled guilty on February 7, 2017.
On July 22, 2016, in Eagle Butte, Cook knowingly and intentionally distributed methamphetamine, a Schedule II controlled substance, to another person.
This case was 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 prosecuted the case.
Cook was immediately turned over to the custody of the U.S. Marshals Service.
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Eagle Butte Man Sentenced for Distribution of a Controlled SubstanceRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of two counts of Distribution of a Controlled Substance was sentenced on April 24, 2017, by U.S. District Judge Roberto A. Lange.
Whitney Vaughn Marrowbone, age 22, was sentenced to 7 months in custody and 3 years of supervised release on each count, to run concurrently, a fine of $500, and a special assessment to the Federal Crime Victims Fund in the amount of $200.
Marrowbone was indicted by a federal grand jury on October 12, 2016. He pled guilty on February 6, 2017.
On July 8 and 11, 2016, Marrowbone, knowingly and intentionally distributed methamphetamine, a Schedule II controlled substance, in Eagle Butte.
This case was 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 prosecuted the case.
Marrowbone was immediately turned over to the custody of the U.S. Marshals Service.
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Eagle Butte Man Found Not Guilty of Aggravated Sexual Abuse of a ChildRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man was acquitted of Aggravated Sexual Abuse of a Child as a result of a federal jury trial in Pierre, South Dakota, beginning on May 3, 2017, and concluding on May 5, 2017.
Lawrence Oakie, age 35, was indicted by a federal grand jury on April 13, 2016.
The charge stemmed from an alleged incident that occurred in August 2015, near Rosebud, South Dakota.
The investigation was conducted by the Federal Bureau of Investigation. The U.S. Attorney’s Office prosecuted the case.
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Dupree Woman Sentenced for Distribution of MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Dupree, South Dakota, woman convicted of two counts of Distribution of a Controlled Substance was sentenced on April 24, 2017, by U.S. District Judge Roberto A. Lange.
Skyla Rae Alyce Dupris a/k/a Skyla Dupree, age 25, was sentenced to 6 months in custody and 3 years of supervised release on each count, to run concurrently, a fine of $1,000, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $200.
Dupris was indicted by a federal grand jury on December 14, 2016. She pled guilty on February 7, 2017.
On June 23, 2016 and July 21, 2016, in Eagle Butte, Dupris knowingly and intentionally distributed methamphetamine, a Schedule II controlled substance, to other persons.
This case was 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 prosecuted the case.
Dupris was immediately turned over to the custody of the U.S. Marshals Service.
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Pine Ridge Man Found Guilty of Second Degree Murder and Discharge of a Firearm during the Commission of a Crime of ViolenceRead the Press Release
United States Attorney Randolph J. Seiler announced that James Robert Dowty, age 27, of Pine Ridge, South Dakota, was found guilty of Second Degree Murder and Discharge of a Firearm during the Commission of a Crime of Violence at the conclusion of a federal trial in Rapid City, South Dakota. The verdict was returned on Friday, May 5, 2017.
The charges carry a maximum penalty of up to life imprisonment and/or a $250,000 fine, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund for each count.
The conviction stems from Dowty shooting and killing a 13-year old juvenile victim in the early morning hours of July 20, 2016, on a street in Pine Ridge. The prosecutors’ credited the three teenage eyewitnesses who were with the victim that night for stepping forward to tell the jury what they witnessed.
Prosecutors were satisfied with the verdict. “We have confidence in the criminal justice system and trust the conclusion the jury reached,” said Assistant U.S. Attorney Eric Kelderman. “This was a tragic case and while obviously no verdict can bring her back, we are hopeful this outcome provides some consolation and healing to the victim’s family.”
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 Eric Kelderman and Sarah B. Collins prosecuted the case.
A sentencing date will be set. Dowty was remanded to the custody of the U.S. Marshals Service pending sentencing.
Sioux Falls Man Receives Life Sentence in Methamphetamine Distribution ConspiracyRead the Press Release
United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man convicted of conspiracy to distribute 500 grams or more of methamphetamine and being a felon in possession of firearms, was sentenced on April 25, 2017, by U.S. District Judge Karen E. Schreier.
Shawn Russell Sorensen, age 55, was sentenced to life in prison on the methamphetamine conspiracy conviction. That sentence was mandatory because Sorensen had two previous felony drug convictions. He was sentenced to 120 months in prison on the firearms offense, to run concurrent to the life sentence. He was also ordered to pay $200 to the Federal Crime Victims Fund.
Sorensen was indicted for the offenses by a federal grand jury on September 20, 2016. He was found guilty after a three-day jury trial that began October 4, 2016.
The investigation of Sorensen began when a package containing a half-pound of cocaine and 10 pounds of methamphetamine was intercepted by the United States Postal Service. The package was subsequently linked to Sorensen. The evidence established Sorensen had received multiple packages in this manner. When Sorensen’s vehicle was stopped by law enforcement, he had in his possession three firearms and ammunition.
This case was investigated by the United States Postal Inspection Service, the Bureau of Alcohol, Tobacco, Firearms & Explosives, the Drug Enforcement Administration, the Rock County, Minnesota Sheriff’s Office, the Minnesota Bureau of Criminal Apprehension, and the Sioux Falls Area Drug Task Force. Assistant U.S. Attorneys Jennifer D. Mammenga and John E. Haak prosecuted the case.
Sorensen was immediately turned over to the custody of the U.S. Marshals Service.
Pierre Man Indicted on Child Pornography ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pierre, South Dakota, man has been indicted by a federal grand jury for Distribution of Child Pornography and Possession of Child Pornography.
Amin Ricker, age 30, was indicted on April 12, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 26, 2017, and pled not guilty to the Indictment.
The penalty upon conviction is a mandatory minimum of 15 years imprisonment up to 40 years imprisonment and/or a $250,000 fine, 5 years up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment charges that between October 2016 and February 2017, Ricker knowingly distributed and possessed child pornography, and that at the time, he had a prior conviction under the laws of the state of South Dakota relating to the possession and distribution of child pornography.
The charges are merely accusations and Ricker is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, the Pierre Police Department, the South Dakota Division of Criminal Investigation, and the South Dakota Internet Crimes Against Children Task Force. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Ricker was released pending trial. Trial is set for June 27, 2017.
United States Attorney’s Office to Host Weekly Office Hours in Pine RidgeRead the Press Release
The United States Attorney’s Office, District of South Dakota, has announced it will staff an office one day each week in Pine Ridge, South Dakota. This initiative began on April 12, 2017, following an announcement made by U.S. Attorney Randy Seiler.
Referred to as "Walk-In Wednesday", a representative of the U.S. Attorney’s office will be on-site at Pine Ridge each Wednesday between the hours of 9:00 A.M. to 3:00 P.M. The U.S. Attorney decided to start this initiative to allow citizens to more easily communicate with the office concerning crime on the reservation, inquiries about existing cases, or to obtain any information which might be sought by the citizenry.
The office is located within the Bureau of Indian Affairs office, inside the Justice Center for the People in Pine Ridge, located at 1001 Horse Thief Road.
Anyone interested in visiting with a representative of the U.S. Attorney’s Office is encouraged to stop by the office. Appointments are welcome but not necessary. To schedule a meeting, please call the satellite office at 605.867.2931, or the U.S. Attorney’s Rapid City office at 605.342.7822.
South Antelope Woman Sentenced for Assault with a Dangerous WeaponRead the Press Release
United States Attorney Randolph J. Seiler announced that a South Antelope, South Dakota, woman convicted of Assault With a Dangerous Weapon was sentenced on April 18, 2017, by U.S. District Judge Roberto A. Lange.
Aprielle Marie Poitra, age 21, was sentenced to 16 months in prison, followed by 1 year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Poitra was indicted by a federal grand jury on April 13, 2016. She pled guilty on February 28, 2017.
On the evening of March 18, 2016, Poitra stabbed her boyfriend in the arm with a knife during an argument at their home.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Poitra was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced for Tampering with a WitnessRead the Press Release
United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man convicted of Tampering with a Witness was sentenced on April 25, 2017, by U.S. District Judge Roberto A. Lange.
Diego Lara, age 25, was sentenced to 5 years in custody, followed by 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Lara was indicted by a federal grand jury on November 9, 2016. He pled guilty on February 14, 2017.
The conviction stems from an incident on September 13, 2016, when Lara knowingly attempted to corruptly persuade someone to lie to a Federal Grand Jury regarding an ongoing investigation into a murder.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Jay Miller prosecuted the case.
Lara was immediately turned over to the custody of the U.S. Marshals Service.
Pine Ridge Woman Charged with Assault on a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, woman has been indicted by a federal grand jury for Assault on a Federal Officer.
Tierra Lee Swift Bird, age 21, was indicted on March 21, 2017. Swift Bird appeared before U.S. Magistrate Judge Daneta Wollmann on April 21, 2017, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is 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 charge relates to Swift Bird assaulting a law enforcement officer with the Oglala Sioux Tribe Department of Public Safety while he was engaged in his official duties on October 15, 2016, at Pine Ridge.
The charge is merely an accusation and Swift Bird 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 Megan Poppen is prosecuting the case.
Swift Bird was released on bond pending trial. A trial date has been set for June 27, 2017.
Pine Ridge Man Indicted for Assault and BurglaryRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and First Degree Burglary.
Jalen Walking Eagle, age 21, was indicted on April 18, 2017. Walking Eagle appeared before U.S. Magistrate Judge Daneta Wollmann on April 21, 2017, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is 25 years’ custody and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Walking Eagle unlawfully entering an occupied structure on February 12, 2017, and assaulting a male with shod feet. This assault resulted in serious bodily injury to the other male. Walking Eagle then stole personal property items before leaving the scene.
The charges are merely accusations and Walking Eagle 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. U.S. Attorney Megan Poppen is prosecuting the case.
Walking Eagle was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for June 27, 2017.
National Reentry Week 2017Read the Press Release
The Department of Justice designated the week of April 23-30, 2017, as National Reentry Week. National Reentry Week, which held its inaugural event in 2016, is a week designed to highlight the advocacy for formerly incarcerated individuals as they successfully return to and contribute to their communities.
National Reentry Week also seeks to promote a reduction in recidivism through the elimination of barriers to successful reentry as formerly incarcerated individuals compete for jobs, attain stable housing, and seek support for their families.
Leading up to National Reentry Week, the U.S. Attorney’s Office for the District of South Dakota participated in a Reentry Task Force meeting on April 11, 2017, in Rapid City. The Reentry Task Force is made up of local partners who gather to share and discover innovative methods to address the challenges and gaps in service that can impact the success of formerly incarcerated individuals.
Referencing the Federal Bureau of Prisons webpage, in 2016 alone, there were 396 former federal prisoners released back to their South Dakota community after spending time in federal custody. Statistically, 20% of all those released will return to prison within three years of their initial release. Given that, much work still needs to be done.
In addition, you can read about other reentry programs on the U.S. Attorney’s District of South Dakota webpage at https://www.justice.gov/usao-sd.
Mission Men and Mission Woman Charged with Multiple Firearms CountsRead the Press Release
United States Attorney Randolph J. Seiler announced that four men and one woman from Mission, South Dakota, have been indicted by a federal grand jury for Possession of Unregistered Firearm, Possession of a Firearm by a Prohibited Person, and Possession of a Stolen Firearm.
Keith Bordeaux, age 19, Stephanie Bear Heels, age 30, and Kevin Bordeaux, age 18, appeared before U.S. Magistrate Judge Mark A. Moreno on April 10, 2017, and pled not guilty to the Indictment.
Dakota Marshall, a/k/a Dakota Marshall, Sr., age 21, appeared before U.S. Magistrate Judge Mark A. Moreno on March 29, 2017, and pled not guilty to the Indictment.
Angelito Moran, a/k/a Angel Moran, age 20, appeared before U.S. Magistrate Judge Mark A. Moreno on April 21, 2017, and pled not guilty to the Indictment. All five of them were indicted on March 15, 2017.
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 November 11, 2016, Keith Bordeaux and Marshall knowingly received and possessed a Weatherby, model PA-08, 20-gauge shotgun which was less than 18 inches in length. Said shotgun was not registered to them. Bordeaux and Marshall are both prohibited from owning any kind of firearms.
The Indictment also alleges that Keith and Kevin Bordeaux, along with Moran, and Bear Heels, knowingly possessed, received, concealed, stored, bartered, sold, and disposed of stolen firearms and aided and abetted in the commission of the offense. Moran and Bear Heels are also prohibited from owning any kind of firearms.
The charges are merely accusations and all defendants are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
All Defendants were remanded to the custody of the U.S. Marshals Service pending trial, which has been set for June 27, 2017.
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 April 19, 2017, by U.S. District Judge Roberto A. Lange.
Tyrell Thin Elk, age 35, was sentenced to 21 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.
Thin Elk was indicted by a federal grand jury on October 12, 2016. He pled guilty on March 8, 2017.
The conviction stems from Thin Elk failing to register as a sex offender as required by federal law in August of 2016. Thin Elk had previously been convicted of a sex offense in federal court, which requires him to register as a sex offender for the rest of his life.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Thin Elk was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Found Not Guilty of Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man was acquitted of Assaulting, Opposing, Resisting, and Impeding a Federal Officer as a result of a federal jury trial in Pierre, South Dakota. The trial began April 18, 2017, and concluded on April 19, 2017.
Donovan Siers, a/k/a Donovan Fast Dog, age 52, was indicted by a federal grand jury on September 13, 2016.
The charge stemmed from an alleged incident that occurred in July 2016.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The U.S. Attorney’s Office prosecuted the case.
Mission Man Charged with Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Richard Peneaux, age 23, was indicted on April 12, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 17, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about March 23, 2017, Peneaux forcibly assaulted a Rosebud Sioux Tribe law enforcement officer with a dangerous weapon.
The charge is merely an accusation and Peneaux 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.
Peneaux was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
McLaughlin Man Charged with Aggravated Sexual AbuseRead 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 Aggravated Sexual Abuse.
Frankie Marshall, age 27, was indicted on April 12, 2017. He appeared before U.S. Magistrate Judge William D. Gerdes on April 13, 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, up to life of supervised release, $100 to the Federal Crime Victims Fund, and a $5,000 assessment to the domestic trafficking victims’ fund, unless the sentencing court finds the defendant to be indigent. Restitution may also be ordered.
The Indictment alleges that on March 29, 2017, Marshall knowingly caused and attempted to cause a female victim to engage in sexual act, by the use of force.
The charge is merely an accusation and Marshall 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.
Marshall was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Ft. Thompson Man Sentenced to 180 Months for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Ft. Thompson, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on February 27, 2017, by U.S. District Judge Roberto A. Lange.
Merle Seeking Land, age 38, was sentenced to 180 months in custody, followed by 10 years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Seeking Land was initially indicted by a federal grand jury on July 21, 2015, and pled guilty on November 28, 2016.
Beginning in November 2014, and continuing through July 21, 2015, Seeking Land knowingly and intentionally conspired with others to distribute more than 500 grams of methamphetamine, a Schedule II Controlled Substance, in South Dakota. Seeking Land admitted to receiving distributable quantities of methamphetamine and distributing it to others within South Dakota. The individuals who provided Seeking Land with methamphetamine knew that he intended to engage in further distribution. Seeking Land agreed that his conduct involved between 1.5 kilograms and 5 kilograms of methamphetamine. Because of Seeking Land’s two prior methamphetamine distribution convictions, one in 2005 and one in 2011, he was considered a career offender and his sentence was increased.
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.
Seeking Land was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Woman Sentenced for ForgeryRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, woman convicted of Forgery was sentenced on April 18, 2017, by U.S. District Judge Roberto A. Lange.
Chelsea White Eyes, a/k/a Chelsea Elk Eagle, age 41, was sentenced to time served (144 days) and 2 years of supervised release. She was also ordered to pay restitution in the amount of $3,514, as well as a special assessment to the Federal Crime Victims Fund in the amount of $200.00.
White Eyes was indicted by a federal grand jury on October 12, 2016. She pled guilty on December 6, 2017.
The conviction stems from an incident on May 29, 2016, when White Eyes, along with two other co-Defendants forged 17 checks on the account of the Cheyenne River Management Corporation. White Eyes cashed several of those 17 fraudulent checks.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Eagle Butte Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on April 24, 2017, by U.S. District Judge Roberto A. Lange.
Charles Moran, age 39, was sentenced to 20 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.
Moran was indicted by a federal grand jury on November 16, 2016. He pled guilty on December 19, 2016.
The conviction stems from Moran failing to register as a sex offender as required by federal law between August 1, 2016, and August 31, 2016. Moran had previously been convicted of a sex offense in federal court, which requires him to register as a sex offender.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Jay Miller prosecuted the case.
Moran was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Charged with Assault 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, Assault Resulting in Substantial Bodily Injury to an Intimate Partner, and Child Abuse.
Kevin Yellow Earring, age 26, was indicted on April 12, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 17, 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 up to $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on January 19, 2017, Yellow Earring assaulted his intimate partner with a knife, causing substantial injuries. The Indictment also alleges that on January 19, 2017, Yellow Earring abused, exposed, tortured, tormented, and cruelly punished a child who had not attained the age of 7 years.
The charges are merely accusations and Yellow Earring 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.
Yellow Earring 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.
Kevin Yellow Earring, age 26, was indicted on April 12, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 17, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 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 14, 2014, Yellow Earring assaulted an adult male with a padlock, causing serious injuries.
The charges are merely accusations and Yellow Earring 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.
Yellow Earring was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Project Dakota Flyer Nets 15 DefendantsRead the Press Release
United States Attorney Randolph J. Seiler announced that fifteen individuals have been indicted for the illegal trafficking of eagles and other migratory birds. The Indictments are a 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
Juan Mesteth, 39, Pine Ridge, SD, charged with Conspiracy to Commit Wildlife Trafficking, violations of the Bald and Golden Eagle Protection Act and Migratory Bird Treaty Act, and Felon in Possession of a Firearm: 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
Initial appearances have been set for Monday May 1, 2017 in Rapid City, SD and Thursday May 4, 2017 in Pierre, SD. 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.
Winner Man Sentenced for Abusive Sexual Contact with a ChildRead the Press Release
United States Attorney Randolph J. Seiler announced that a Winner, South Dakota, man convicted of Abusive Sexual Contact With a Child was sentenced on April 11, 2017, by U.S. District Judge Roberto A. Lange.
Joseph Edward Cordier, age 39, was sentenced to 60 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.
Cordier was indicted by a federal grand jury on April 13, 2016. He pled guilty on January 24, 2017.
The conviction stemmed from an incident that occurred between June 19, 2007, and June 19, 2009, wherein Cordier sexually assaulted a child who was between five and six years old. The incident occurred in Winner Tribal Housing in Tripp County.
This case was investigated by the Federal Bureau of Investigation and the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Cordier was immediately turned over to the custody of the U.S. Marshals Service.
Washington Man Sentenced for Possession of Unauthorized Access DeviceRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mill Creek, Washington, man convicted of Unauthorized Access Device was sentenced on April 11, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Mythyas Troy Godiava, a/k/a Daniel Nguyen, a/k/a Lourde Godiava, age 43, was sentenced to 42 months in custody, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Godiava pleaded guilty to the charge on December 9, 2016. The charge related to Godiava being stopped by the South Dakota Highway Patrol in Lawrence County on April 4, 2016. A search was conducted on the vehicle and a meth pipe, over 1,000 gift cards, multiple debit/credit cards, a stolen passport, and multiple forms of identification were found. An investigation revealed that for the last several years Godiava has been defrauding various businesses by employing different fraud techniques, such as price tag switching or leaving the store without paying for cartloads of items. Godiava would then hire homeless men and women to return the items for store credit placed on gift cards.
This case was investigated by the South Dakota Highway Patrol and the Department of Homeland Security, Bureau of Immigration and Customs Enforcement. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Godiava was immediately turned over to the custody of the U.S. Marshals Service.
U.S. Attorney’s Office to Honor Two Law Enforcement AgentsRead the Press Release
United States Attorney Randolph J. Seiler has announced that his office will honor two law enforcement agents with a Distinguished Service Award. The presentation will take place at the South Dakota Police Chiefs’ Association and South Dakota Sheriffs’ Association Spring Conference at The Lodge in Deadwood on April 19, 2017.
The first honoree is Brent Gromer, South Dakota Division of Criminal Investigation Supervisory Special Agent and Internet Crimes Against Children (ICAC) Commander. SSA Gromer is being honored for his dedication to protecting children from online predators. He has been involved in numerous undercover operations, and part of his job with ICAC is to investigate offenders who use the internet, online communication systems, or computer technology to sexually exploit children. SSA Gromer’s investigative abilities and techniques have resulted in the prosecution of numerous child predators. SSA Gromer has been the architect of the proactive Sturgis Bike Rally operations, targeting online predators since 2013. Since that time, each year he innovates methodology in response to the ongoing changes which necessarily occur in these types of cases, including advancements in technology, changes in predators’ behavior, and constant demands drawing limited resources elsewhere. Most recent totals show that combined since that time, the Rally Operation has resulted in over 1,000 months of imprisonment for internet predators. The ICAC Task Force was created to help Federal, State and local law enforcement agencies enhance their investigations.
Also being honored is John Long. Agent Long recently stepped down as Assistant Special Agent in Charge of the Bureau of Indian Affairs after having served virtually his entire distinguished career in South Dakota. Agent Long singlehandedly revitalized the Bureau of Indian Affairs Office of Justice Services upon his arrival in Pine Ridge in 2004. As a result of his extraordinary determination and commitment to the safety of the citizens of the Oglala Sioux Tribe, hundreds of important violent crimes were prosecuted in federal court over many years. Agent Long also distinguished himself through his outreach to other federal agencies, as well as State and law enforcement offices in an effort to bring all resources to the table to stem crime on the reservation.
Porcupine Man Indicted for Attempted MurderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Porcupine, South Dakota, man has been indicted by a federal grand jury for Attempted Murder, two counts of Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and Discharge of a Firearm during the Commission of a Crime of Violence.
Kison Robertson, age 45, was indicted on April 12, 2017. Robertson appeared before U.S. Magistrate Judge Daneta Wollmann on April 14, 2017, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is life imprisonment and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Robertson using a firearm to attempt to murder a male on March 30, 2017, at Porcupine. Robertson additionally used this firearm to assault the male and his son. This assault resulted in serious bodily injury to the male victim.
The charges are merely accusations and Robertson is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, and the Federal Bureau of Investigation. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Robertson was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for June 6, 2017.
Pine Ridge Man Acquitted of Sexual AbuseRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man was acquitted of Aggravated Sexual Abuse by Force and Sexual Abuse as a result of a federal jury trial in Rapid City on April 13, 2017.
Ryan Bissonette, age 35, was indicted by a federal grand jury on June 17, 2014.
The charges related to an incident that occurred on August 8, 2013, near Pine Ridge. Bissonette was alleged to have used force to engage in a sexual act with a female incapable of consenting, by penetrating her genital opening with his hand and fingers.
The investigation was conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. The U.S. Attorney’s Office prosecuted the case.
Parmelee Man Indicted for Firearm OffensesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Parmelee, South Dakota, man has been indicted by a federal grand jury for Felon in Possession of a Firearm and Possession of a Firearm With an Obliterated Serial Number.
Keena Two Eagle, age 32, was indicted on March 15, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 12, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction for Felon in Possession of a Firearm is up to 10 years in custody and/or a $250,000 fine, and 3 years of supervised release. The maximum penalty upon conviction for Possession of a Firearm With an Obliterated Serial Number is up to 5 years in custody and/or a $250,000 fine, and 2 years of supervised release. Both charges could result in $100 to the Federal Crime Victims Fund, and restitution.
The Indictment alleges that on December 24, 2016, Two Eagle did knowingly possess a 9mm caliber pistol and ammunition, and that the manufacturer’s serial number had been removed, obliterated, and altered.
The charges are merely accusations and Two Eagle 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 W. Albertson is prosecuting the case.
Two Eagle was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Parmelee Man Indicted for Assault and Child Abuse ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Parmelee, South Dakota, man has been indicted by a federal grand jury for Assault With a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and Child Abuse.
Keena Two Eagle, age 32, was indicted on March 15, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 12, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction for Assault is up to 10 years in custody and/or a $250,000 fine, and 3 years supervised release; the maximum penalty upon conviction for Child Abuse is 15 years in custody and/or a $250,000 fine, and 3 years supervised release. Both charges could result in $100 to the Federal Crime Victims Fund and restitution.
The Indictment alleges that on August 16, 2017, Two Eagle assaulted an individual with a knife with the intent to do bodily harm, and that the assault resulted in serious bodily injury. The Indictment further alleges that Two Eagle abused, exposed, tortured, tormented, and cruelly punished multiple children on that date.
The charges are merely accusations and Two Eagle 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.
Two Eagle was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Mission Residents Indicted on Methamphetamine ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that two Mission, South Dakota, individuals have been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance and Possession with Intent to Distribute a Controlled Substance.
Richard William Neiss, age 45, and Wastewin Jonnie Waukechon, age 38, were indicted on March 15, 2017. They appeared before U.S. Magistrate Judge Mark A. Moreno on April 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 for each count. Restitution may also be ordered.
The Indictment alleges that between May 1, 2014, and February 8, 2017, Neiss and Waukechon 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 Neiss and Waukechon are presumed innocent until and unless proven guilty.
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.
Neiss and Waukechon were remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Justice Department Settles Lawsuit Against South Dakota Business on Behalf of Air National Guard MemberRead the Press Release
The Department of Justice announced today that it has reached a settlement agreement with BioFusion Health Products Inc., based in Rapid City, South Dakota. The settlement resolves claims that BioFusion violated the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) when it failed to reemploy South Dakota Air National Staff Sgt. Amber Ishmael following an extended military leave and when it eventually terminated her employment. At the time of her termination, Staff Sgt. Ishmael was a Senior Airman with the Air National Guard, where she has served honorably since 2010.
According to the complaint that the department filed in the United States District Court for the District of South Dakota, Staff Sgt. Ishmael’s military service was a motivating factor in BioFusion’s decisions to deny her request for reemployment and to terminate her employment. Staff Sgt. Ishmael was terminated following her deployment to attend Airmen Leadership School, a professional military education training associated with her military service. Under the terms of the settlement agreement, BioFusion has agreed to pay $3,000 in back pay to Staff Sgt. Ishmael. USERRA safeguards the rights of uniformed servicemembers to return to their civilian employment following absences due to military service obligations and protects servicemembers from discrimination on the basis of their military obligations.
“The United States has a solemn obligation to ensure that those selfless Americans who serve in the nation’s Armed Forces enjoy every opportunity to advance their civilian careers,” said Acting Associate Attorney General Jesse Panuccio. “The Department of Justice will be unwavering in protecting the rights of our nation’s service members and we will continue to hold accountable employers who violate those rights.”
“As a member of the Air National Guard, Staff Sgt. Ishmael was called upon to leave her civilian employment and serve our nation,” said Acting Assistant Attorney General Tom Wheeler of the Justice Department’s Civil Rights Division. “Our role at the Department of Justice is to protect the rights of the men and women who defend our freedom and safeguard our way of life, and this settlement demonstrates our robust and continuing commitment to those efforts.”
“Members of our Air National Guard must frequently sacrifice time away from their families and civilian jobs in service to our country,” said U.S. Attorney Randolph J. Seiler of the District of South Dakota. “When military obligations require servicemembers to be absent from their jobs, their employment rights must be protected. The Civil Rights Section at the U.S. Attorney’s Office in South Dakota is committed to protecting those rights. This settlement agreement demonstrates that when employers disregard their obligations under USERRA, our office will hold them accountable for their violations.”
This case stems from a referral by the U.S. Department of Labor (“DOL”) following an investigation by the DOL’s Veterans’ Employment and Training Service (“VETS”). After resolution failed, VETS referred the complaint to the Justice Department’s Civil Rights Division. This lawsuit was handled by Assistant U.S. Attorney Alison Ramsdell of the U.S. Attorney’s Office in the District of South Dakota, with the assistance of the Civil Rights Division, both of whom work collaboratively with DOL to protect the jobs and benefits of servicemembers.
The Justice Department gives high priority to the enforcement of servicemembers’ rights under USERRA. Additional information about USERRA can be found on the Justice Department’s websites at https://www.justice.gov/crt/employment-litigation-section and https://www.justice.gov/crt-military, as well as on the Department of Labor’s website at www.dol.gov/vets/programs/userra/main.htm.
Winner Woman Sentenced for Felon in Possession of a FirearmRead the Press Release
United States Attorney Randolph J. Seiler announced that a Winner, South Dakota, woman convicted of Felon in Possession of a Firearm was sentenced on April 10, 2017, by U.S. District Judge Roberto A. Lange.
Amber Rae Millian, age 34, was sentenced to 6 months in custody, followed by 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Millian was indicted by a federal grand jury on April 8, 2015. She pled guilty on January 3, 2017.
The conviction stems from an incident that occurred on November 18, 2014, wherein Millian was arrested for spotlighting deer on the edge of Winner. Millian, having previously been convicted of a felony, was in possession of a .22 caliber rifle and multiple rounds of .22 caliber ammunition at the time of her arrest. As part of her sentence, Millian will forfeit ownership of the firearm and ammunition.
This case was investigated by the South Dakota Department of Game, Fish and Parks, and the Federal Bureau of Alcohol Tobacco, Firearms and Explosives. Assistant U.S. Attorneys Jennifer Mammenga and Kirk Albertson prosecuted the case.
White River Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a White River, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on April 11, 2017, by U.S. District Judge Roberto A. Lange.
Stephan George Jones, age 45, was sentenced to 120 months in custody, followed by 5 years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Jones was indicted by a federal grand jury on May 17, 2016. He pled guilty on January 24, 2017.
Between September of 2013 and May of 2016, Jones knowingly and intentionally conspired with others to distribute more than 500 grams of methamphetamine, a Schedule II controlled substance, in South Dakota. Jones received distributable quantities of methamphetamine from individuals who knew that he intended to engage in further distribution of it. Jones also provided methamphetamine to others, knowing that they intended to engage in further distribution of it within South Dakota. It was reasonably foreseeable to Jones that more than 500 grams of methamphetamine would be distributed during the course of the conspiracy. Jones admitted that between 1.5 and 5 kilograms of methamphetamine was involved in the criminal offense, and that he was an organizer, leader, manager, or supervisor in the criminal activity.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services, the Federal Bureau of Investigation, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Jones was immediately turned over to the custody of the U.S. Marshals Service.
Two Men and One Woman Charged with First Degree Burglary and LarcenyRead the Press Release
United States Attorney Randolph J. Seiler announced that two Eagle Butte, South Dakota, men and an Eagle Butte, South Dakota, woman have been indicted by a federal grand jury for First Degree Burglary and Larceny.
Heideman, age 24, Tristan Yellow Horse, age 31, and Nicole Condon, a/k/a Nicole Garreau, a/k/a Nicole Yellow Horse, age 39, were indicted on January 19, 2017. Yellow Horse appeared before U.S. Magistrate Judge Mark A. Moreno on February 27, 2017, and pled not guilty to the Indictment.
Nicole Condon appeared before U.S. Magistrate Judge Mark A. Moreno on January 30, 2017, and pled not guilty to the Indictment.
Joshua Heideman appeared before U.S. District Court Judge Roberto A. Lange on March 22, 2017, and pled guilty to First Degree Burglary. A presentence investigation report was ordered and a sentencing date was set for June 5, 2017.
The Indictment alleges that on October 8, 2016, Heideman, Yellow Horse, and Condon unlawfully entered and remained in someone’s residence with the intent to steal the property of the owner, and aided and abetted in the commission of that offense.
The maximum penalty upon conviction is up to 25 years in custody and/or a $250,000 fine, 5 years of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges are merely accusations and Yellow Horse and Condon are presumed innocent until and unless proven guilty.
This investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Yellow Horse, and Condon were remanded to the custody of the U.S. Marshals Service. The jury trial for Condon and Yellow Horse is currently scheduled for July 25, 2017.
Rosebud Man Sentenced for Sexual Abuse of a MinorRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man convicted of Sexual Abuse of a Minor was sentenced on April 10, 2017, by U.S. District Judge Roberto A. Lange.
Lavern David Luxon, Jr., age 25, was sentenced to 96 months in prison, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Luxon was indicted by a federal grand jury on April 13, 2016. He pled guilty on January 24, 2017.
The conviction stems from an incident that occurred on September 4, 2015, wherein Luxon assaulted a 15-year-old girl at her home in Parmelee, South Dakota. Luxon had been working at the house that day and was permitted by the girl’s parents to spend the night. He then sexually assaulted the girl in the middle of the night while everyone else in the house was asleep. The girl reported the assault the next day.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Luxon was immediately turned over to the custody of the U.S. Marshals Service.
Rosebud Man Indicted for Assault and Child Abuse ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Assault With a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and Child Abuse.
Dustin Witt, age 25, was indicted on March 15, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 10, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on June 6, 2016, Witt assaulted an individual with shod feet with intent to do bodily harm and that the assault resulted in serious bodily injury. The Indictment further alleges that Witt abused, exposed, tortured, tormented, and cruelly punished a child who had not attained the age of eighteen.
The charges are merely an accusation and Witt is presumed innocent until and unless proven guilty.
The nvestigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Witt was released on bond pending trial. A trial date has not been set.
Rapid City Man Charged with Possession with Intent to Distribute MethamphetamineRead 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 Possession with Intent to Distribute a Controlled Substance.
A criminal complaint was filed against Thomas Gary Thompson, age 27, on March 30, 2017. Thompson was indicted on April 4, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 7, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on March 22, 2017, Thompson knowingly and intentionally possessed methamphetamine with the intent to distribute it.
The charge is merely an accusation and Thompson is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Mellette County Sheriff’s Office, South Dakota Department of Criminal Investigation, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Thompson was remanded to the custody of the U.S. Marshals Service pending trial. A sentencing date has been set for June 6, 2017.
Mission Man Sentenced for Assaulting a Federal Officer and Simple AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer and Simple Assault was sentenced on April 10, 2017, by U.S. District Judge Roberto A. Lange.
Patrick Medearis, age 33, was sentenced to 22 months in prison, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Medearis was indicted by a federal grand jury on January 21, 2016. He pled guilty on January 24, 2017.
convictions stem from two separate incidents. On October 31, 2015, Medearis and his girlfriend got into an altercation while driving to Mission. y stopped at the Gus Stop convenience store, at which point Medearis’ girlfriend got out of the vehicle. Medearis grabbed her shirt as she tried to get away and ripped her top off. He then chased after her and grabbed the shirt she was covering herself with before departing the area. Rosebud Sioux Tribe Law Enforcement Services (RSTLES) responded and a warrant was subsequently issued for Medearis’ arrest.
On November 28, 2015, a RSTLES officer responded to a report that Medearis, possibly intoxicated, was outside a home in White Horse, revving his engine. The officer subsequently made contact with Medearis during a vehicle stop. During the vehicle stop, Medearis got out of the vehicle and approached the officer brandishing a knife. He refused commands to drop the knife until another RSTLES officer arrived to assist, at which point Medearis was forcibly subdued and arrested.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Medearis was immediately turned over to the custody of the U.S. Marshals Service.