District of South Dakota
Press releases recorded for this federal judicial district.
Mission Man Charged with Criminal ContemptRead 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 Criminal Contempt.
Clint Roubideaux, age 32, was indicted on February 14, 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 6 months in custody and/or a $1,000 fine, and $10 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on February 14, 2017, Roubideaux, willfully and unlawfully disobeyed and resisted a United States District Court process, order, and command to appear in Court.
The charge is merely an accusation and Roubideaux 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.
Roubideaux was released on bond pending trial. A trial date has not been set.
McLaughlin Man Charged with Aggravated Sexual Abuse and 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 Aggravated Sexual Abuse, Assault with a Dangerous Weapon, and Assault Resulting in Serious Bodily Injury.
Jeremy Agard, age 35, was indicted on March 15, 2017. He appeared before U.S. Magistrate Judge William D. Gerdes on April 4, 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, life of supervised release, and up to $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on October 14, 2016, Agard knowingly caused and attempted to cause the victim to engage in a sexual act. The Indictment also alleges that on that same date, Agard unlawfully assaulted the same victim with shod feet, causing serious bodily injury to her.
The charges are merely accusations and Agard 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.
Agard was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Kyle Man Indicted for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Kyle, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury,
Charles Gay, a/k/a Charles Dean Mercado, age 20, was indicted on March 21, 2017. Gay appeared before U.S. Magistrate Judge Daneta Wollmann on April 7, 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 Gay assaulting a juvenile male with a television and a knife at Kyle on October 10, 2015. This assault resulted in serious bodily injury to the juvenile male.
The charges are merely accusations and Gay is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Gay was released on bond pending trial. A trial date has been set for June 13, 2017.
Eagle Butte Man Sentenced for Assault by Strangulation and SuffocationRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Assault by Strangulation and Suffocation was sentenced on April 10, 2017, by U.S. District Judge Roberto A. Lange.
Delano White Eagle, age 46, was sentenced to 46 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 Eagle was indicted by a federal grand jury on September 20, 2016. He pled guilty on January 24, 2017.
The conviction stemmed from an incident on August 24, 2016, when White Eagle unlawfully assaulted his dating partner by strangling and suffocating her during an argument.
This case was investigated by the Ziebach County Sheriff’s Office and Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
White Eagle was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Charged with Assault of a Dating Partner by Strangulation and SuffocationRead 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 of a Dating Partner by Strangulation and Suffocation.
Nathan Smith, age 41, was indicted on April 12, 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 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 April 6, 2017, Smith unlawfully assaulted his dating partner by strangling and suffocating her during an argument.
The charge is merely an accusation and Smith is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Smith was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Former Pit Boss, Two Blackjack Dealers, and a Player Indicted for Cheating Conspiracy at Dakota Sioux CasinoRead the Press Release
United States Attorney Randolph J. Seiler announced that four individuals have been indicted by a federal grand jury for Conspiracy and Theft by Employees of a Gaming Establishment on Indian Land.
Lito Banbilla Bolocon, age 44, and Fern Freya Gill, age 52, appeared before U.S. Magistrate Judge William D. Gerdes on March 30, 2017, and pled not guilty to the Superseding Indictment. Jeremy Kris Brown, age 43, appeared before Magistrate Judge Gerdes on February 23, 2017, and pled not guilty to the Indictment. Jordan Anthony Rondell, age 29, appeared before Magistrate Judge Gerdes on April 4, 2017, and pled not guilty to the Superseding Indictment.
The maximum term of imprisonment upon conviction is up to 5 years for Conspiracy and up to 20 years for Theft by an Employee of a Gaming Establishment on Indian Land. Each offense also carries a $250,000 fine, 3 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Dakota Sioux Casino (“DSC”) is a gaming establishment located approximately five miles north of Watertown, in Codington County, South Dakota. The DSC is also located on the Lake Traverse Indian Reservation and is operated by the Sisseton Wahpeton Oyate Sioux Tribe.
According to the Superseding Indictment, Bolocon worked at the DSC as a pit boss, and Brown and Gill worked as blackjack dealers. Rondell was a customer of the DSC whom frequently played blackjack.
As alleged, in December 2015 and through January 1, 2016, Bolocon, Brown, Gill, and Rondell conspired to enrich themselves by unlawfully obtaining gaming chips and money from the DSC. Specifically, in December 2015, Defendants devised a plan to cheat the DSC of monies derived during the gambling operations taking place on New Year’s Eve 2015 and into January 1, 2016. The agreement was for Rondell to unlawfully make a large sum of money from illegitimate winnings paid by Brown and Gill, and Rondell would then pay-off the other defendants for their participation. Rondell cashed-out approximately $10,000 from the DSC after playing at Brown’s and Gill’s respective blackjack tables, which were supervised by Bolocon.
The charges are merely accusations and the defendants are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Sisseton-Wahpeton Oyate Sioux Tribe’s Gaming Commission. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.
Bolocon, Gill, and Brown were released pending trial. Rondell was detained. A trial date has been set for June 6, 2017 for Bolocon, Gill, and Brown. A trial date for Rondell has not been set.
“Protecting Our Tribal Communities: Responding to Gun Violence and Its Victims” Conference to be held in Pine Ridge on April 6Read the Press Release
United States Attorney Randolph J. Seiler announced that a half-day conference addressing gun violence in Indian country will be held in Pine Ridge, South Dakota, on Thursday April 6, 2017. The event is in conjunction with National Crime Victims’ Rights Week and is hosted by the U.S. Attorney’s Office, the Oglala Sioux Tribe, and the Bureau of Alcohol, Tobacco, Firearms & Explosives.
The keynote speaker is Michael Poindexter, the Sheriff of Modoc County in California, where a mass shooting took place in February of 2014 during a tribal council meeting. Four tribal members, including the Tribal Chairman, died as a result of the tragic event. Sheriff Poindexter was one of the responding officers who worked closely with the victims, and he will share his story of survival and the effect of the shooting on the community.
Also on the agenda is Cheryl “Renee” Bourque with the Bureau of Indian Affairs. Ms. Bourque will share her experience and address the impact of losing two of her close friends and co-workers to gun violence. Both victims were Native American and worked for the Seminole, OK sheriff’s office. In addition, Frank Kelsey with the Bureau of Alcohol, Tobacco, Firearms & Explosives, will give a presentation on gun violence, the nature of the problem and how to avert the consequences.
Representatives from several local victim service providers will have a display/information booth. Following the conference, a ceremony will take place honoring four individuals who have provided outstanding services to victims of crime in Indian country.
The event will be held at the SuAnn Big Crow Center in Pine Ridge, located at 1 Positive Place. The conference will run from 10:00 am – 1:00 pm, followed by the National Crime Victims’ Rights Week presentations. The public is welcome and a free lunch will be served.
AGENDA.pdfSt. Francis Man Charged with Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Joseph Blue Bird, age 30, was indicted on September 13, 2016. He appeared before U.S. Magistrate Mark A. Moreno on March 29, 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 period 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 June 16, 2016, and September 13, 2016, Blue Bird, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction, knowingly failed to register and update his registration as required by law.
The charge is merely an accusation and Blue Bird is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Blue Bird was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for May 23, 2017.
Oglala Man Convicted of Assaulting Three FemalesRead the Press Release
United States Attorney Randolph J. Seiler announced that an Oglala, South Dakota, man convicted of Assault with a Dangerous Weapon and Assault by Striking, Beating or Wounding was sentenced on March 27, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Clint A. Marshall, age 44, was sentenced on Count 1 to 51 months in custody, 3 years’ supervised release, a $100.00 special assessment to the Federal Crime Victims Fund, and $69,805.49 restitution; and was sentenced on Count 2 to 12 months in custody, 1 year supervised release, and a $25.00 special assessment to the Federal Crime Victims Fund. The custody time was ordered to run consecutively.
On October 10, 2015, Marshall was consuming alcohol at a trailer he was renting with his girlfriend in Oglala. Marshall and his girlfriend got into a verbal argument that turned into a physical altercation. Marshall intentionally pushed her and assaulted her using his hands. She left the trailer and the area for a short period of time.
When she returned, there was a white vehicle and two women outside the trailer. Marshall was also outside and approached his girlfriend. Marshall still appeared angry from the earlier fight with her. The two women got back into their vehicle and indicated to Marshall’s girlfriend that she could get in. Before getting into the car, she threw her car keys at Marshall. She got into the back seat of the vehicle. Marshall then picked up the car keys, got in his girlfriend’s car, and began following the white vehicle with the three women in it.
Marshall followed the white vehicle, increasing his speed and driving erratically. Using the vehicle he was driving, Marshall rammed the rear portion of the white vehicle. That strike caused the white vehicle to slide off the highway and roll over, ultimately coming to rest back on its wheels in a field.
All three women sustained injuries from the crash. One had to be removed from the vehicle with specialized equipment. She is paralyzed in all of her limbs as a result of the crash, and requires full-time medical care in a specialized facility.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, and the South Dakota Highway Patrol. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Marshall was immediately returned to the custody of the U.S. Marshals Service.
Mission Woman Charged with Bank Fraud and ForgeryRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, woman has been indicted by a federal grand jury for Bank Fraud and Forgery.
Kaitlyn Erickson, age 21, was indicted on March 15, 2017. She appeared before U.S. Magistrate Judge Mark A. Moreno on March 30, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction for Bank Fraud is up to 30 years in custody and/or a $1,000,000 fine, and 5 years of supervised release; the maximum penalty for Forgery is a maximum of 5 years of custody and/or a $250,000 fine, and 3 years of supervised release. Both charges could result in $100 to the Federal Crime Victims Fund and restitution.
The Indictment alleges that on or about January 17, 2017, Erickson altered and passed a check from an account that did not belong to her. Erickson deposited the forged check into an account at Wells Fargo Bank, insured by the Federal Deposit Insurance Corporation and attempted to withdraw funds from the account.
The charge is merely an accusation and Erickson 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.
Erickson was released pending trial. A trial date has been set for May 23, 2017.
Mission Man Charged with Prohibited Person in Possession of FirearmRead 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 Prohibited Person in Possession of a Firearm.
Sean Stinson, age 21, was indicted on November 9, 2016. He appeared before U.S. Magistrate Judge Veronica L. Duffy on March 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 $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on August 28, 2016, Stinson, having been convicted of a crime punishable by imprisonment for a term exceeding one year, and being an unlawful user of and addicted to a controlled substance, knowingly possessed and received a Ruger SR 1911 pistol, which had been shipped and transported in interstate commerce.
The charge is merely an accusation and Stinson 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 Meghan N. Dilges is prosecuting the case.
Stinson was released pending trial. A trial date has not been set.
Kyle Man Indicted for Aggravated Sexual Abuse by ForceRead the Press Release
United States Attorney Randolph J. Seiler announced that a Kyle, South Dakota, man has been indicted by a federal grand jury for two charges of Aggravated Sexual Abuse by Force.
Tolin Gregg, age 19, was indicted on March 21, 2017. Gregg appeared before U.S. Magistrate Judge Daneta Wollmann on March 27, 2017, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is life imprisonment and/or a $250,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Gregg using force to engage in a sexual act with a female on December 23, 2016, near Kyle.
The charges are merely accusations and Gregg is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Gregg was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for May 30, 2017.
Fort Thompson Woman Charged with Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, woman has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Megan Howe, age 21, was indicted on March 15, 2017. She appeared before U.S. Magistrate Judge Mark A. Moreno on March 29, 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 December 11, 2016, Howe forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with an officer from the Bureau of Indian Affairs, while said officer was engaged in the performance of his official duties and employed as a federal law enforcement officer.
The charge is merely an accusation and Howe is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Howe was released on bond pending trial. A trial date has not been set.
Eagle Butte Man Charged with Several Sexual Abuse Counts 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 Aggravated Sexual Abuse of a Child, Abusive Sexual Contact of a Child, Sexual Abuse of a Child, Abusive Sexual Contact of a Minor, and Child Abuse.
Charles Edwards, age 36, was indicted on March 21, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 29, 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, life of supervised release, and up to $600 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges between December 2008 and December 2016, Edwards sexually molested a child on multiple occasions. The Indictment also alleged that Edwards abused, exposed, tortured, tormented, and cruelly punished that same child.
The charges are merely accusations and Edwards is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Edwards was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for May 23, 2017.
Dupree Woman Indicted on Methamphetamine and Firearm ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Dupree, South Dakota, woman has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance, Distribution of a Controlled Substance, Possession with Intent to Distribute a Controlled Substance, and Possession of a Firearm by a Prohibited Person.
Alyce Marie Morrison, age 33, was indicted on March 15, 2017. She appeared before U.S. Magistrate Judge Mark A. Moreno on March 29, 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 up to $600 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between July 1, 2016, and January 14, 2017, Morrison knowingly and intentionally conspired and agreed to distribute methamphetamine, a Schedule II controlled substance, actually distributed methamphetamine on three occasions, and on one occasion possessed methamphetamine with the intent to distribute it. The Indictment further alleges that on January 14, 2017, Morrison unlawfully possessed a firearm and was prohibited from doing so because of her use of methamphetamine.
The charges are merely accusations and Morrison is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Morrison was remanded to the custody of the U.S. Marshals Service pending trial. Trial is set for May 22, 2017.
Clearfield Man Charged with Possession with Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Clearfield, South Dakota, man has been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance.
Cory Scott Fischer, age 45, was indicted on March 15, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 30, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $1,000,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between November 10, 2017, and November 11, 2017, Fischer knowingly and intentionally possessed with intent to distribute methamphetamine, a Schedule II controlled substance, in South Dakota.
The charge is merely an accusation and Fischer 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 SaraBeth Donovan is prosecuting the case.
Fischer was released on bond pending trial. A trial date has not been set.
Agency Village Woman Charged with Involuntary Manslaughter of Baby BoyRead the Press Release
United States Attorney Randolph J. Seiler announced that an Agency Village, South Dakota, woman has been indicted by a federal grand jury for Involuntary Manslaughter.
Samantha Flute, age 26, appeared before U.S. Magistrate Judge William D. Gerdes on March 21, 2017, and pled not guilty to the Indictment.
The maximum penalties upon conviction is up to 8 years of imprisonment and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
On or about August 20, 2016, Flute gave birth to a fully developed male infant. At the time of admission, Flute tested positive for a number of prescription and over-the-counter medications. The cause of death was attributed to a combined drug toxicity of the prescription and over-the-counter medications. It is alleged in the indictment that Flute acted in a grossly negligent manner, with actual knowledge that her conduct was a threat to the life of another, and with actual knowledge that would reasonably enable her to foresee the peril to which her act subjected another.
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, the State of South Dakota’s Division of Criminal Investigation, and the Sisseton-Wahpeton Oyate Sioux Tribe’s Police Department. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.
Flute was released to a third-party pending trial. A trial date has been set for May 23, 2017.
U.S. Attorney’s Office to Host Forum on Protecting Arab, Muslim, Sikh, and South Asian Communities and Responding to Hate and Bias CrimesRead the Press Release
United States Attorney Randolph J. Seiler has announced that his office, in conjunction with the Federal Bureau of Investigation, Minnehaha County States Attorney’s Office, Minnehaha County Sheriff’s Office, Sioux Falls Police Department, and the U.S. Commission on Civil Rights will present a forum on protecting Arab, Muslim, Sikh, and South Asian Communities. The discussion will revolve around responding to hate and bias crimes targeted against these groups. A representative from the Department of Justice’s Community Relations Service (CRS) will help facilitate the discussion.
The Forum will be held on Thursday, March 30, 2017, from 6:00 pm – 9:00 pm, at the Sioux Falls Library located in downtown Sioux Falls at 200 N. Dakota Avenue. The free conference is open to the public and will feature conversations with leaders of diverse community, faith-based, and non-profit organizations in Sioux Falls and the surrounding areas.
Pursuant to the Hate Crimes Protection Act, CRS is authorized to work with communities to help them develop the capacity to prevent and respond more effectively to violent hate crimes committed on the basis of actual or perceived race, color, national origin, gender, gender identity, sexual orientation, religion, or disability. CRS is a remarkably unique federal component dedicated to assisting state and local units of government, private and public organizations, and community groups develop local capacity to prevent racial and ethnic tensions.
To learn more about the Department of Justice’s Community Relations Service, visit: https://www.justice.gov/crs.
Sioux Falls Woman Sentenced in Gun CrimeRead the Press Release
United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota woman convicted of Felon in Possession of Firearm was sentenced on March 20, 2017, by U.S. District Judge Karen E. Schreier.
Lesa Lynn Zafft, age 54, was sentenced to 37 months in custody to run concurrently to her State sentences, and three years of supervised release. She was also ordered to pay $100 to the Federal Crime Victims Fund, and to forfeit a .22 caliber handgun.
A federal grand jury indicted Zafft on October 4, 2016, for being a Felon in Possession of Firearm. She pled guilty on December 27, 2016.
On June 16, 2016, Zafft was in possession of a .22 caliber revolver handgun, and sold the firearm, 45 rounds of .22 caliber ammunition, and some methamphetamine to an undercover officer in exchange for $400. Zafft had been convicted in 2015 of felony drug possession, which prohibited her from possessing any firearms.
This case was investigated by the Sioux Falls Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Zafft was immediately returned to the custody of the State to finish serving her State sentence.
Sioux Falls Man Sentenced on Weapon ChargeRead the Press Release
United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man convicted of Possesion of a Firearm by a Prohibited Person was sentenced on March 21, 2017, by U.S. District Judge Karen E. Schreier.
Michael Layne Spath, age 36, was sentenced to 51 months in custody, followed by three years supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund and forfeit three firearms in his possession.
Spath was indicted for Possession of a Firearm by a Prohibited Person by a federal grand jury on July 12, 2016. He pled guilty on December 21, 2016.
On December 3, 2015, officers with the Minnehaha County Warrant Task Force went to the home of Spath in search of a parole absconder. While at the residence, officers located a 12-gauge shotgun, and shotgun shells. Officers obtained a state search warrant to search the house more thoroughly and found a HiPoint .45 caliber semi-automatic pistol behind the refrigerator, along with .45 caliber ammunition on the basement steps. When Spath was apprehended on December 10, 2015, he had a loaded .40 caliber handgun with him in his vehicle. He was immediately arrested and placed in custody.
This case was investigated by Sioux Falls Police Department, and the Bureau of Alcohol, Tobacco, Firearms & Explosives. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Spath was immediately turned over to the custody of the U.S. Marshals Service.
Sioux City Man Sentenced for Sex CrimeRead the Press Release
United States Attorney Randolph J. Seiler announced that a Sioux City, Iowa, man convicted of Attempted Illicit Sexual Conduct with a Minor was sentenced on March 20, 2017 by U.S. District Judge Karen E. Schreier.
Nathanuel Walter Downs, age 29, was sentenced to 63 months in custody, followed by five years of supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund.
Downs was indicted for Attempted Commercial Sex Trafficking by a federal grand jury on June 2, 2015; a Superseding Information was filed November 5, 2015, charging Attempted Illicit Sexual Conduct with a Minor. He pled guilty to the Superseding Information on October 17, 2016.
On April 10, 2015, Downs responded to an ad placed on Backpage.com by an undercover officer posing as a fifteen-year-old girl. Downs responded to the advertisement and agreed to travel to Sioux Falls, South Dakota, from Sioux City and pay to have sex with the minor. Police arrested Downs after he arrived at the agreed upon location in Sioux Falls and handed cash to an undercover officer.
This case was investigated by South Dakota Internet Crimes Against Children Task Force, Sioux Falls Police Department, Minnehaha County Sheriff’s Office, South Dakota Division of Criminal Investigation, Department of Homeland Security Investigations, and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Downs was immediately turned over to the custody of the U.S. Marshals Service.
Rosebud Man Charged with Influencing a Federal Officer by Threat and Assaulting a Federal OfficerRead 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 Influencing a Federal Officer By Threat and Assaulting, Resisting, and Impeding a Federal Officer.
Ronald Red Tomahawk, age 31, was indicted on February 15, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 20, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction for Influencing a Federal Officer is up to 10 years in custody and/or a $250,000 fine, and the maximum penalty for Assaulting, Resisting, and Impeding a Federal Officer is 8 years in custody and/or a $250,000 fine. Both charges could result in 3 years of supervised release, $100 to the Federal Crime Victims Fund, and restitution.
The Indictment alleges that on or about September 25, 2016, Red Tomahawk threatened to murder and forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with a law enforcement officer employed by the Rosebud Sioux Tribe, while the officer was engaged in the performance of his official duties.
The charges are merely accusations and Red Tomahawk 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.
Red Tomahawk was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rosebud Man Charged with Assaulting a Federal Officer and LarcenyRead 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 and Larceny.
Justin Fast Horse, age 20, was indicted on March 15, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 20, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction for Assaulting, Resisting, and Impeding a Federal Officer charge is up to 20 years in custody and/or a $250,000 fine, and the maximum penalty for Larceny is 5 years in custody and/or $250,000 fine. Both charges could result in 3 years of supervised release, and $100 to the Federal Crime Victims Fund and restitution.
The Indictment alleges that on or about March 3, 2017, Fast Horse forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with a law enforcement officer employed by the Rosebud Sioux Tribe, while the officer was engaged in the performance of his official duties. The Indictment also charges that on March 3, 2017, Fast Horse unlawfully took and carried away, with intent to steal and purloin, a pickup truck, owned by someone else.
The charges are merely accusations and Fast Horse 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.
Fast Horse was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Owner of Sioux Falls Tax Preparation Business IndictedRead 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 devising and executing a scheme to defraud the Internal Revenue Service (IRS). Jacques Eviglo, owner of Global Income Tax Services, was indicted on ten counts of false claims on March 21, 2017.
According to the Indictment, between February 2015 and March 2016, Jacques Eviglo devised a scheme in which he prepared and filed several false U.S. Individual Income Tax Returns (Form 1040) for clients of his tax preparation business. Specifically, Eviglo filed federal tax returns with false deductions on Schedule A’s, resulting in refunds in which Eviglo knew his clients were not entitled.
The maximum penalties upon conviction for filing false claims against the government is five years in prison.
This case is the result of an investigation by the IRS-Criminal Investigation. It is being prosecuted by Assistant U.S. Attorney John Haak.
According to the IRS, approximately 60 percent of taxpayers use tax professionals to prepare and file their tax returns. “Tax return preparer fraud” is one of the IRS’s “Dirty Dozen Tax Scams.” For more information about the fight against tax fraud or how to choose a reliable tax return preparer visit https://www.irs.gov/uac/things-to-remember-when-choosing-a-tax-preparer.
McLaughlin Man Charged with Domestic Assault by an Habitual OffenderRead 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 Domestic Assault by an Habitual Offender.
George Little Eagle, Jr., a/k/a Gaylan Little Eagle, age 31, was indicted on March 15, 2017. He appeared before U.S. Magistrate Judge William D. Gerdes on March 21, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on February 13, 2017, Little Eagle unlawfully committed a domestic assault upon his intimate partner, when at the time of the domestic assault, Little Eagle had a final conviction on at least two separate prior occasions for offenses that would have been, if subject to federal jurisdiction, an assault against a spouse of intimate partner.
The charge is merely an accusation and Little Eagle 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.
Little Eagle was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Marty Man Sentenced on Assault ChargeRead the Press Release
United States Attorney Randolph J. Seiler announced that a Marty, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on March 20, 2017, by U.S. District Judge Karen E. Schreier.
Eric Cournoyer, age 33, was sentenced to 39 months in custody, followed by three years of supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund.
Cournoyer was indicted for Assault Resulting in Serious Bodily Injury by a federal grand jury on July 12, 2016. He pled guilty on December 28, 2016.
On April 2, 2016, Yankton Sioux Tribal Police were dispatched to the victim’s home in Marty. When they arrived, they found the victim with his face beaten and bloody, and his eyes swollen shut. He was treated for fractures to his nose and eye socket. Cournoyer had been drinking alcohol and attacked the victim while sleeping and defenseless.
This case was investigated by Yankton Sioux Tribal Police, and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Cournoyer was immediately turned over to the custody of the U.S. Marshals Service.
Manderson Man Acquitted of Two Counts of Sexual AbuseRead the Press Release
United States Attorney Randolph J. Seiler announced that a Manderson, South Dakota, man was acquitted of Sexual Abuse and Sexual Abuse of a Minor as a result of a federal jury trial in Rapid City, South Dakota. The jury returned their verdict on March 23, 2017.
Eugenio White Hawk, Jr., age 35, was indicted by a federal grand jury on September 20, 2016.
The charges related to an alleged incident that occurred in September of 2015, when White Hawk allegedly engaged in a sexual act with a then 15-year-old female acquaintance.
The investigation was conducted by the Federal Bureau of Investigation, and was prosecuted by the U.S. Attorney's Office.
Little Eagle Man Charged with Receipt of Images Depicting the Sexual Exploitation of Minors and Possession of Child PornographyRead the Press Release
United States Attorney Randolph J. Seiler announced that a Little Eagle, South Dakota, man has been indicted by a federal grand jury for Receipt of Images Depicting the Sexual Exploitation of Minors and Possession of Child Pornography.
Chavez Spotted Horse, age 39, was indicted on March 15, 2017. He appeared before U.S. Magistrate Judge William D. Gerdes on March 21, 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, life of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between January 1, 2013, and November 3, 2015, Spotted Horse knowingly received, via a computer device, images depicting minors involved in sexually explicit conducts and images of child pornography.
The charges are merely accusations and Spotted Horse is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Spotted Horse was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Little Eagle Man Charged with Assaulting a Federal Officer and Domestic Assault by an Habitual OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Little Eagle, South Dakota, man has been indicted by a federal grand jury for two counts of Assaulting, Resisting, and Impeding a Federal Officer and Domestic Assault by an Habitual Offender.
Charles Eagle Pipe, age 42, was indicted on March 15, 2017. He appeared before U.S. Magistrate Judge William D. Gerdes on March 21, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 8 years in custody and/or a $250,000 fine, 3 years of supervised release, and up to $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on March 29, 2015, and January 19, 2017, Eagle Pipe assaulted two different officers with the Bureau of Indian Affairs, when the officers were assigned to perform law enforcement functions, and engaged in the performance of their official duties. The Indictment also alleges that on March 29, 2015, Eagle Pipe unlawfully committed a domestic assault upon his intimate partner, when at the time of the domestic assault, Eagle Pipe had a final conviction on at least two separate prior occasions for offenses that would have been, if subject to federal jurisdiction, an assault against a spouse of intimate partner.
The charges are merely accusations and Eagle Pipe 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.
Eagle Pipe was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Eagle Butte Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on March 7, 2017, by U.S. District Judge Roberto A. Lange.
Jordan Paul Cass, age 31, was sentenced to 8 months in custody, followed by 3 years of supervised release, $500 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Cass was indicted by a federal grand jury on November 9, 2016. He pled guilty on March 7, 2017. Cass admitted that on August 1, 2016, he 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. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Cass was immediately turned over to the custody of the U.S. Marshals Service.
“Protecting Our Tribal Communities: Responding to Gun Violence and Its Victims” Conference to be held in Pine Ridge on April 6Read the Press Release
United States Attorney Randolph J. Seiler announced that a half-day conference addressing gun violence in Indian country will be held in Pine Ridge, South Dakota, on Thursday April 6, 2017. The event will be held in conjunction with National Crime Victim’s Rights Week and is hosted by the U.S. Attorney’s Office, the Oglala Sioux Tribe, and the Bureau of Alcohol, Tobacco, Firearms & Explosives.
On the agenda is Nikki Munholand, a Tribal Administrator who survived a mass shooting which took place during a tribal council meeting in which four tribal members, including the Tribal Chairman, were killed. Sheriff Michael Poindexter was one of the responding officers who worked closely with the victims. They will share their story of survival and the effect of the shooting on the community.
Representatives from several local victim service providers will have a display/information booth. Following the conference, a ceremony will be held honoring four individuals who have provided outstanding services to victims of crime in Indian country.
The events will be held at the SuAnn Big Crow Center in Pine Ridge, located at 1 Positive Place. The conference will run from 10:00 am – 1:00 pm, followed by the National Crime Victims’ Rights Week presentations. The public is welcome and a free lunch will be served.
Save The Date FlyerSt. Francis Woman Charged with Possession with Intent to Distribute a Controlled SubstanceRead the Press Release
United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, woman has been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance.
Mary Left Hand Bull, age 26, was indicted on November 9, 2016. She appeared before U.S. Magistrate Judge Mark A. Moreno on March 20, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on March 7, 2016, Left Hand Bull and her co-defendant, Lloyd One Star, knowingly and intentionally possessed with intent to distribute methamphetamine, a Schedule II controlled substance.
The charge is merely an accusation and Left Hand Bull 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 Meghan N. Dilges is prosecuting the case.
Left Hand Bull was released on bond pending trial, which has been set for April 25, 2017.
Sioux Falls Man Sentenced for CyberstalkingRead the Press Release
United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man convicted of Cyberstalking was sentenced on March 22, 2017, by U.S. District Judge Karen E. Schreier.
Eugene Ogden, age 55, was sentenced to 30 months in custody, and three years of supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund.
Ogden was indicted for Cyberstalking by a federal grand jury on August 9, 2016. He pled guilty on November 21, 2016.
In July 2016, the victim in this case contacted the Sioux Falls Police Department reporting that strange men were coming to her home, indicating they were responding to a Craigslist ad for sex. Further investigation revealed that Ogden posted eight ads on the personal section of Craigslist that invited men to the victim’s home for sex. Each of the ads provided the victim’s address, along with a photo of the victim.
“This is Cyberstalking at its ugliest,” said U.S. Attorney Randy Seiler. “This type of dangerous, vindictive behavior is hard to comprehend, but unfortunately this type of malicious stunt is easy to execute in the cyber world. The sentence handed down serves as a reminder that these cases will be prosecuted to the full extent of the law.”
This case was investigated by Sioux Falls Police Department and the Department of Homeland Security Investigations. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Ogden was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Indicted for 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 has been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance.
Jonah Burning Breast, a/k/a Jonah Jarrett Burning Breast, a/k/a Jonah Jared Burning Breast, a/k/a Jonah Jared Big Crow, age 23, was indicted on February 15, 2017. He appeared before U.S. Magistrate Judge Mark Moreno on March 17, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 20 years in custody and/or a $1,000,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about the 2nd day of September 2016, in Todd County, South Dakota, Burning Breast knowingly and intentionally distributed a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.
The charges are merely accusations and Burning Breast 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 SaraBeth Donovan is prosecuting the case.
Burning Breast was remanded to the custody of the U.S. Marshals Service pending trial, which is set for May 2, 2017.
Parmelee Man Indicted on Assault 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 and Assault Resulting in Serious Bodily Injury.
Dace Lunderman, age 32, was indicted on February 15, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 20, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction for each charge is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on January 6, 2017, Lunderman assaulted two individuals with a knife with intent to do bodily harm, and that one of the said assaults resulted in serious bodily injury.
The charge is merely an accusation and Lunderman 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.
Lunderman was released on bond pending trial. A trial date has not been set.
Mission Man Pleads Guilty and Sentenced for Simple AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man charged with Simple Assault pled guilty and was sentenced on March 15, 2017, by U.S. Magistrate Judge Mark A. Moreno.
Paris James Bordeaux, age 27, was sentenced to 6 months in custody, and $10 to the Federal Crime Victims Fund. Restitution is being left open for 90 days. Bordeaux’s conviction will count as a domestic violence offense.
The conviction stems from an incident that took place on July 24, 2016, when officers with the Rosebud Sioux Tribe Law Enforcement Services responded to a call regarding domestic abuse occurring at a home in Okreek, in Todd County. Bordeaux admitted to assaulting the victim, who was an intimate partner of Bordeaux.
The investigation was conducted by Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorneys Carrie G. Sanderson and Jeremy R. Jehangiri.
Bordeaux was ordered to report to the custody of the U.S. Marshals Service on April 18, 2017.
Lower Brule Man Sentenced on Drug ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, man convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on March 20, 2017, by U.S. District Judge Karen E. Schreier.
Dru Peterson, age 29, was sentenced to 30 months in custody, and three years of supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund.
Peterson was indicted for Possession with Intent to Distribute a Controlled Substance by a federal grand jury on March 9, 2016. He pled guilty on December 28, 2016.
On August 27, 2015, Yankton Sioux Tribal Police officers responded to a call at the Fort Randall Casino of suspicious activity in a parked vehicle. Three individuals were in the vehicle, Dru Peterson, and two of his three co-defendants Wanda Fields and Lacey Crow. The fourth defendant, Renee Peterson, had been in the casino and, upon arriving at the car while the officers were questioning the others, gave officers permission to search the vehicle. Officers found 32.07 grams of methamphetamine and drug paraphernalia in the vehicle. All four individuals were arrested.
This case was investigated by Yankton Sioux Tribal Police and the Bureau of Indian Affairs. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.
Peterson was immediately turned over to the custody of the U.S. Marshals Service. Peterson’s co-defendants all pleaded guilty and are awaiting sentencing.
Lake Andes Man Sentenced on Weapons ChargeRead the Press Release
United States Attorney Randolph J. Seiler announced that a Lake Andes, South Dakota, man convicted of Felon in Possession of Firearms was sentenced on March 20, 2017, by U.S. District Judge Karen E. Schreier.
Michael Shane Thompson, age 44, was sentenced to time served, six months of home confinement, and three years of supervised released. He was also ordered to pay $100 to the Federal Crime Victims Fund.
Thompson was indicted for Felon in Possession of Firearms by a federal grand jury on March 9, 2016. He pled guilty on December 15, 2016.
On February 11, 2016, Yankton Sioux Tribal Police responded to a welfare check on children in Lake Andes. Law enforcement observed the residence was unfit for any child’s welfare and safety. The children’s parents appeared to be under the influence of methamphetamine. Law enforcement observed drug paraphernalia and a sawed-off 12-gauge shotgun. A search warrant was obtained, and more firearms and miscellaneous ammunition were found in the home and garage.
This case was investigated by Yankton Sioux Tribal Police, and Bureau of Alcohol, Tobacco, Firearms & Explosives. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.
Rapid City Man Charged with Firearm OffenseRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man was charged in federal district court with two counts of Possession of a Firearm by a Prohibited Person.
Matthew Dubray, age 35, was charged on February 22, 2017. Dubray appeared before U.S. Magistrate Judge Daneta Wollmann on March 10, 2017, and pleaded not guilty to the charges.
The maximum penalty upon conviction is 10 years of imprisonment and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Dubray, who was prohibited from possessing firearms, being in possession of two HiPoint 9mm pistols. The charges are merely accusations and Dubray is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms & Explosives, and the Rapid City Police Department. Assistant U.S. Attorney Ben Patterson is prosecuting the case.
Dubray was released pending trial. A trial date has not been set.
Rapid City Man Charged for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Trevor Red Bird, age 28, was indicted on March 15, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 16, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in prison and/or a $250,000 fine, 5 years up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Red Bird was convicted of Abusive Sexual Contact in May 2008. As a result of this conviction, he is required to register as a sex offender. It is alleged that between September 15, 2016, and November 8, 2016, Red Bird, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under Federal Law, failed to properly register as a sex offender.
The charge is merely an accusation and Red Bird is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service and the Rapid City Police Department. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Red Bird was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Minnesota Woman Faces Fraud, Aggravated Identity Theft, and Meth ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Marshall, Minnesota, woman has been indicted by a federal grand jury for Conspiracy to Commit Bank Fraud, Aggravated Identity Theft, and Possession with Intent to Distribute Methamphetamine.
Angelica Marie Hatch-Pequin, age 27, was indicted on March 7, 2017. She appeared before U.S. Magistrate Judge Veronica Duffy on March 14, 2017, and pled not guilty to the Indictment.
The maximum penalties upon conviction for each count are as follows: Conspiracy to Commit Bank Fraud has a penalty of up to 30 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, Hatch-Pequin engaged in a scheme to defraud financial institutions, while using the personal identifying information of other individuals. Hatch-Pequin would use the proceeds of the fraud scheme to purchase methamphetamine for her use, and to distribute to others for money.
The charges are merely accusations and Hatch-Pequin is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, Flandreau Police Department, and the Flandreau Sioux Tribe’s Police Department. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.
Hatch-Pequin was ordered detained pending trial. A trial date has not been set.
Kyle Man Charged with AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Kyle, South Dakota, man was charged in federal district court with Assault with a Dangerous Weapon.
Jeremy Lee Old Horse, age 31, was charged on January 24, 2017. Old Horse appeared before U.S. Magistrate Judge Daneta Wollmann on March 10, 2017, and pleaded not guilty to the charge.
The maximum penalty upon conviction is 10 years of imprisonment and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Old Horse stabbing a woman in July 2016 at Wounded Knee. The charge is merely an accusation and Old Horse is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs Office of Justice Services and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Ben Patterson is prosecuting the case.
Old Horse was released pending trial. A trial date has not been set.
Eden Man Charged with Aggravated Sexual Abuse of a ChildRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eden, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child.
Tyrell Redstar Eastman, age 20, was indicted on February 7, 2017. He appeared before U.S. Magistrate Judge William D. Gerdes on March 14, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life imprisonment and/or a $250,000 fine, 5 years and up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
According to the indictment, between August 15, 2014, and April 2, 2015, Eastman engaged in sexual acts with a juvenile female. To perpetrate the sexual assault, Eastman used force.
The charges are merely accusations and Eastman is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, and Sisseton-Wahpeton Sioux Tribe Law Enforcement. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.
Eastman was ordered detained 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 March 15, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 16, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and up to $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on February 11, 2017, Yellow Earring assaulted two adults, causing serious injuries to one of them.
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.
Randy Seiler to Remain as U.S. Attorney for the District of South DakotaRead the Press Release
Under federal statute, the United States Attorney for the District of South Dakota, Randolph J. Seiler, will remain in his current appointed position until the President nominates and the U.S. Senate confirms his successor. Seiler has not been asked to tender his resignation.
Seiler assumed the duties of Acting U.S. Attorney for the District of South Dakota on March 12, 2015, when former U.S. Attorney Brendan Johnson resigned. In October of that same year, Seiler received the official nomination by President Barack Obama to be the 41st U.S. Attorney for the District of South Dakota. Pursuant to an order signed by then U.S. Attorney General Loretta Lynch on October 6, 2015, Seiler was sworn in that same day by U.S. District Judge Roberto A. Lange, at a ceremony at the U.S. District Courthouse in Pierre, South Dakota.
Seiler’s nomination was sent to the U.S. Senate for confirmation, but it was not acted upon in the allotted timeframe. Given that, federal statute 28 USC 546 – subsection (d) provides the U.S. District Court the authority to appoint a U. S. Attorney. Subsequently, Chief Judge Jeffrey L. Viken, U.S. District Court, ordered Randolph J. Seiler as the U.S. Attorney for the District of South Dakota, effective February 5, 2016. Statutorily, Seiler can remain in his position until it is filled by the new administration.
Seiler has been with the U.S. Attorney’s Office for over 20 years. From November 2009 to March 2015, Seiler served as both the First Assistant U.S. Attorney and the Tribal Liaison for the District of South Dakota. Prior to serving in those two capacities, Seiler was an Assistant U.S. Attorney, and he spent 14 years prosecuting violent crime offenses in Indian country and other areas throughout the state.
Seiler also served as counsel to the Director in the Executive Office for U.S. Attorneys at the Department of Justice in Washington, D.C., in 2008. He has been an instructor at the National Advocacy Center in Columbia, South Carolina, as well as a presenter at numerous conferences and trainings on various topics including violent crime, sexual assault, domestic violence, and legal issues in the prosecution of crimes in Indian country.
He has received the Attorney General's Award for Fraud Prevention, as well as the Director's Award for Superior Performance in Indian Country.
Former Aberdeen Doctor Sentenced in Tax CaseRead the Press Release
Heloise Westbrook, MD, of Owensboro, Kentucky, formerly of Aberdeen, South Dakota, was sentenced on March 6, 2017, on three misdemeanor charges of Fraudulent Returns, Statements, or Other Documents in U.S. District Court.
She was sentenced to five years of probation on each count to run concurrently, restitution to the Internal Revenue Service (IRS) in the amount of $184,871.21, an $8800.00 fine, and a $75 special assessment. In addition, Westbrook will be required to serve 100 days in the Daviess County Detention Center in Kentucky (2 days and 2 nights each consecutive weekend for a period of 50 weeks).
Westbrook was originally charged with one count of Impeding the Administration of the Internal Revenue Laws.
Westbrook is a medical doctor who operated a medical practice in Aberdeen, including between 2004 and 2010. Her medical practice was organized as a wholly-owned professional corporation, and she filed corporate income tax returns, in addition to personal income tax returns.
In a a civil audit, the IRS agent assigned identified numerous entries that Westbrook had identified as business expenses for purposes of her corporate tax returns and deducted them as business expenses. Her claimed business expenses were not, in fact, business related, but rather personal expenses incurred to pay for her own wedding celebration.
She pled guilty to three misdemeanor charges of Fraudulent Returns, Statements, or Other Documents on December 2, 2016.
Assistant U.S. Attorney Kevin Koliner prosecuted the case. The investigation was conducted by the Internal Revenue Service, Criminal Investigations Division.
Eagle Butte Man Sentenced for Assault Resulting in Serious Bodily Injury and Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury and Assaulting, Resisting, and Impeding a Federal Officer was sentenced on March 8, 2017, by U.S. District Judge Roberto A. Lange.
Miles Condon, age 25, was sentenced to 36 months of custody on each charge 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.
Condon was indicted by a federal grand jury on October 12, 2016. He pled guilty on December 13, 2016.
The Assault Resulting in Serious Bodily Injury conviction stems from an incident on August 3, 2016, when the victim was walking by Condon’s residence in Dupree. Condon, who had been drinking alcohol, called him over to ask him for some money. A verbal argument ensued between the two men. During the course of the argument, the victim called Condon a derogatory name, and Condon retrieved a golf club that was already outside. The victim began to back away at that point, and Condon continued to swing the golf club and struck the victim above the left ear. The blow caused a 2½” long and ½” wide gash to the victim’s skull. As Condon continued to swing, the victim reached out and grabbed the club, which caused Condon to fall to the ground. The victim left and went to his mother’s house and called the police. The victim was ultimately taken to the emergency room at the Indian Health Service Hospital and then transported to Rapid City Regional Hospital with a skull fracture. When law enforcement responded, Condon resisted arrest.
The Defendant was indicted for the assault on October 12, 2016. On October 13, 2016, law enforcement officials from the Cheyenne River Sioux Tribe and the Ziebach County Sheriff’s Office went to Condon's house in Dupree to execute the federal arrest warrant stemming from that Indictment. They were let into the home, and found Condon asleep/passed out on the floor of the residence. Condon was advised he was under arrest and handcuffed. He became belligerent and combative, and told the officers he was going to “act up.” While they were walking him to the patrol car, Condon began grinding his teeth, stiffened up, and was dragging his feet to the point where the officers had to drag him in order to move him in the direction of where their patrol cars were parked. They told Condon to relax several times. When they got to the patrol car, they leaned Condon over the trunk so they could get the back door open. Condon slammed his head down on the trunk of the patrol car twice before they were able to pull him away. The officers decided to put leg irons on Condon, and when one of the officers stepped away to open the trunk of the patrol car and retrieve the leg irons, Condon attempted to jerk away from, and struggled with another one of the officers. Condon was taken to the ground and leg irons were put on him.
Condon was transported to the Cheyenne River Adult Detention Facility to be booked into the jail. There, he became combative and belligerent with Detention staff. As they were leading him from the patrol car into the booking area, Condon again tensed up and was verbally abusive. Condon refused to cooperate as the detention officer attempted to search him. They physically placed him onto the counter of the booking area so they could finish searching Condon. Once the search was complete, Condon was taken into a holding cell. After one of the detention officers removed one of the leg restraints, Condon kicked the detention officer on the right side of his face/head, near his eye, knocking off the correctional officer’s glasses. The detention officers completed swapping out the leg restraints and then exited the holding cell.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services and the Ziebach County Sheriff’s Office. Assistant U.S. Attorney Jay Miller prosecuted the case.
Condon was immediately turned over to the custody of the U.S. Marshals Service.
Colorado Man Charged with Several Counts of Sexual ContactRead the Press Release
United States Attorney Randolph J. Seiler announced that an Aurora, Colorado, man has been indicted by a federal grand jury for Sexual Contact by Force, Sexual Contact with a Minor, and Sexual Contact.
Isaac Padilla, age 23, was indicted on March 7, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 8, 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, up to life of supervised release, and up to $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on February 25, 2017, Padilla knowingly engaged in and attempted to engage in sexual contact with two women, one of them a juvenile who had not attained the age of 16 and was 4 years younger than Padilla.
The charges are merely accusations and Padilla 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.
Padilla was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for May 2, 2017.
White Horse Man Sentenced for Assault Resulting in Substantial Bodily InjuryRead the Press Release
United States Attorney Randolph J. Seiler announced that a White Horse, South Dakota, man convicted of Assault Resulting in Substantial Bodily Injury was sentenced on March 7, 2017, by U.S. District Judge Roberto A. Lange.
Shawn Traversie, age 32, was sentenced to 5 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.
Traversie was indicted by a federal grand jury on February 17, 2016. He pled guilty on December 12, 2016.
The conviction stems from an incident on December 10, 2015, when Traversie and the victim began to argue. Traversie struck the victim’s right eye with his fist. The victim saw flashes of light from the blow and was knocked off the bed and onto the floor. When the victim was still on the floor, Traversie stuck her a couple of more times on the top of the head. The victim felt that her eye socket might have some damage. In the days following the assault, she continued having headaches and felt nauseated, dizzy, and lost her balance when she stood. The victim had a non-acute fracture to a small bone in the right eye socket.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Traversie was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced for Possession of Unregistered FirearmsRead the Press Release
United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man convicted of Possession of Unregistered Firearms was sentenced on March 6, 2017, by U.S. District Judge Karen E. Schreier.
Darren Stepp-Zafft, age 30, was sentenced to 37 months in custody, followed by 3 years of supervised release. He was also ordered to pay $300 to the Federal Crime Victims Fund.
Stepp-Zafft was indicted for Possession of Unregistered Firearms by a federal grand jury on May 10, 2016. He pled not guilty on May 23, 2016.
On December 10, 2015, law enforcement officers searched Stepp-Zafft’s Sioux Falls residence looking for evidence of a firearm that discharged into an adjoining neighbor’s apartment. During the search, officers found the defendant to be in possession of two illegal firearm silencers, five illegal short rifles, and nine illegal destructive devices that could be readily assembled into grenades. Zafft went to trial and the jury convicted him of all counts.
This case was investigated by the U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives, the Sioux Falls Police Department, and the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Stepp-Zafft was immediately turned over to the custody of the U.S. Marshals Service.