District of South Dakota
Press releases recorded for this federal judicial district.
North Dakota Woman Charged with Obstruction of Justice and False StatementsRead the Press Release
United States Attorney Randolph J. Seiler announced that a Bismarck, North Dakota, woman has been indicted by a federal grand jury for Obstruction of Justice and False Statements.
Sherrae Two Hearts, a/k/a Sherrae Twohearts, age 38, was indicted on February 15, 2017. She appeared before U.S. Magistrate Judge William D. Gerdes on March 8, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on June 28, 2016, Two Hearts knowingly intimidated, corruptly persuaded, and engaged in misleading conduct toward her juvenile son, and attempted to do so by instructing him to falsely report to law enforcement authorities acts of child abuse and neglect. The Indictment also alleges that Two Hearts knowingly and willfully made a materially false, fictitious, and fraudulent statement and representation and told agents with the Bureau of Indian Affairs that her children were being abused and neglected when she knew these statements were not true.
The charges are merely accusations and Two Hearts 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.
Two Hearts was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Mission Woman Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, woman convicted of Assaulting, Opposing, Resisting, and Impeding a Federal Officer was sentenced on February 27, 2017, by U.S. District Judge Roberto A. Lange.
Abigail Marie Garneaux, a/k/a Abigail Marie Garcia, age 29, was sentenced to 6 months in custody, to be followed by 6 months of home confinement, 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Garneaux was indicted by a federal grand jury on July 19, 2016. She pled guilty on December 5, 2016.
The conviction stemmed from an incident on the evening of May 28, 2016. A Rosebud Sioux Tribe Law Enforcement Services Officer observed a vehicle parked on the highway, with visible open alcohol containers inside. Garneaux was in the driver’s seat and officers asked her to exit the vehicle. Garneaux failed field sobriety tests and the officer informed her she was going to be arrested. Without provocation, Garneaux proceeded to pepper spray the officer directly in his face.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.
Garneaux was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Sentenced for Possession of a Stolen FirearmRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Possession of a Stolen Firearm was sentenced on February 27, 2017, by U.S. District Judge Roberto A. Lange.
Harold Fuller, Jr., age 38, was sentenced to 9 months in custody, followed by 18 months of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100. Fuller was also ordered to pay restitution to the owner of the firearm.
Fuller was indicted by a federal grand jury on July 19, 2016. He pled guilty on December 2, 2016.
The conviction stemmed from an incident on February 22, 2016. Fuller unlawfully took a duffle bag and tools from a vehicle. A firearm was in the duffle bag and Fuller later attempted to sell the firearm.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms & Explosives. Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.
Fuller was immediately turned over to the custody of the U.S. Marshals Service.
Edgemont Man Sentenced for Transfer of Obscene MatterRead the Press Release
United States Attorney Randolph J. Seiler announced that an Edgemont, South Dakota, man convicted of Transfer of Obscene Matter to a Minor was sentenced on March 6, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Darren Scott Heller, age 49, was sentenced to 60 months of imprisonment, followed by 2 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Heller was charged on March 22, 2016. The conviction stems from Heller sending obscene material to a minor female from his smartphone in May 2015.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Heller was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Woman Sentenced for Forgery and Failure to AppearRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, woman convicted of Forgery and Failure to Appear was sentenced on February 28, 2017, by U.S. District Judge Roberto A. Lange.
Daryl Eagle Horse, a/k/a Daryl Hawk Eagle, age 29, was sentenced to 2 years of probation on the Forgery charge, and 6 months in custody on the Failure to Appear charge. She was also ordered to pay restitution in the amount of $500.00, as well as a special assessment to the Federal Crime Victims Fund in the amount of $200.00.
Eagle Horse was indicted by a federal grand jury on October 12, 2016 on the Forgery charge and on November 8, 2016 on the Failure to Appear charge. She pled guilty on December 12, 2016, to both charges.
Forgery conviction stems from an incident on May 29, 2016, when Eagle Horse, along with two other co-defendants forged 17 checks on the account of the Cheyenne River Management Corporation. Eagle Horse cashed two of those 17 fraudulent checks.
Eagle Horse made her initial appearance for the forgeries on October 14, 2016, before U.S. Magistrate Judge Mark Moreno. She was released on a Personal Recognizance Bond that same day. Eagle Horse’s arraignment was scheduled for Tuesday, November 1, 2016, at 1:15 p.m. She failed to appear for said hearing. The hearing was re-scheduled for 1:00 p.m. on Wednesday, November 2, 2016. Eagle Horse failed to appear for that hearing as well.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services and the U.S. Marshals Service. Assistant U.S. Attorney Jay Miller prosecuted the case.
Eagle Horse was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Charged with Robbery, Interference with Commerce by Threats or Violence, and Carrying a Firearm During a Crime of ViolenceRead 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 Robbery, Interference with Commerce by Threats or Violence, and Carrying or Possessing a Firearm During and in Relation to a Crime of Violence.
Kobe Houston, age 19, was indicted on February 15, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 27, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, 5 years of supervised release, and up to $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on July 2, 2016, Houston aided and abetted others in taking U.S. currency and cigarettes from a clerk at the Eagle Stop Gas Station in Eagle Butte, through the use of force by brandishing a firearm, thus unlawfully obstructing, delaying, and affecting commerce.
The charges are merely accusations and Houston 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.
Houston was released on bond pending trial which has been set for April 18, 2017.
Eagle Butte Man Charged with Assault with a Dangerous Weapon and Discharging a Firearm During a CrimeRead 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 Discharging a Firearm During and in Relation to a Crime of Violence.
Kirk Johnson, age 47, was indicted on February 15, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 6, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, 5 years of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on January 9, 2017, Johnson unlawfully assaulted an adult male with a firearm. The indictment also alleges that Johnson knowingly carried and used said firearm during a crime of violence.
The charges are merely accusations and Johnson 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.
Johnson was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Deadwood Man Charged with Drug OffensesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Deadwood, South Dakota, man was charged in federal district court with Conspiracy to Distribute a Controlled Substance and Distribution of a Controlled Substance.
Michael Mamola, age 36, was charged on January 24, 2017. Mamola appeared before U.S. Magistrate Judge Daneta Wollmann on February 27, 2017, and pleaded not guilty to the charges.
The penalty upon conviction is a minimum of 5 years and up to 40 years of imprisonment and/or a $5,000,000 fine, up to lifetime supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Mamola conspiring with another person to distribute and distributing methamphetamine near Deadwood. The charges are merely an accusation and Mamola is presumed innocent until and unless proven guilty.
The investigation is being conducted by the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Ben Patterson is prosecuting the case.
Mamola was detained pending trial. A trial date has not been set.
Wounded Knee Woman Sentenced for Assault with the Intent to Commit Murder and Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Randolph J. Seiler announced that a Wounded Knee, South Dakota, woman convicted of Assault with the Intent to Commit Murder and Assault Resulting in Serious Bodily Injury was sentenced on February 27, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.
As to the charge of Assault with the Intent to Commit Murder, Phyllis Lucero, age 48, was sentenced to 20 years in custody, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. As to the charge of Assault Resulting in Serious Bodily Injury, Lucero was sentenced to 10 years in custody, 3 years of supervised release and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. The sentences were ordered to be served concurrently.
The conviction stems from Lucero, Daniel Hess, a/k/a Jason Hess, and Seth Hernandez, driving to a 73-year-old woman’s home on the evening of October 17, 2015, and breaking in with the intent to assault two victims and steal property, mainly cash. The three defendants wore masks covering their faces in order to disguise their appearances. Once the three masked individuals gained entrance to the home, the two male defendants assaulted and strangled the adult male victim until he was unconscious.
Lucero assaulted the 73-year-old female victim with her hands, feet and a dangerous weapon. As the elderly woman was lying in a pool of blood, the defendants went in and out of the home, removing personal property and loading it into the victim’s brand new pickup truck. Thinking the woman was dead, Lucero, Hess, and Hernandez fled the residence in the victim’s truck. Hess drove Lucero and Hernandez to separate locations within the Pine Ridge Reservation before returning to the victims’ home. When Hess returned a second time, he removed additional personal property and bound the male victim’s ankles with an electrical cord and his hands with duct tape. Hess also bound the elderly woman’s hands and ankles with duct tape.
Upon being transported to the Rapid City Regional Hospital and admitted to the Intensive Care Unit, both victims were found to have extensive bruising and lacerations to their heads, bleeding on their brains, and rib fractures. The elderly woman had several lacerations to her face and head, which required 17 staples to secure.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, and Federal Bureau of Investigation. Assistant U.S. Attorneys Megan Poppen and Ben Patterson prosecuted the case.
Lucero was immediately turned over to the custody of the U.S. Marshals Service.
Wakpala Woman Indicted for Conspiracy and Possession with Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Wakpala, South Dakota, woman has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance and Possession with Intent to Distribute a Controlled Substance.
Brooke Malenia Ducheneaux, age 30, was indicted on January 19, 2017. She appeared before U.S. Magistrate Judge Mark Moreno on February 22, 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 between March 1, 2014, and January of 2017, Ducheneaux knowingly and intentionally conspired to distribute and possess with the intent to distribute methamphetamine, a Schedule II controlled substance, in South Dakota. The indictment further alleges that on March 14, 2016, in Dewey County, South Dakota, Ducheneaux did knowingly and intentionally possess methamphetamine with the intent to distribute it.
The charges are merely accusations and Ducheneaux is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Ducheneaux was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Two Eagle Butte Individuals Charged with Firearm ViolationsRead the Press Release
United States Attorney Randolph J. Seiler announced that two Eagle Butte, South Dakota, individuals have been indicted by a federal grand jury for Possession of an Unregistered Firearm and Possession of a Firearm by a Prohibited Person.
Wacey James Long, age 29, and Shawnda Cyrene Dupris, age 31, were indicted on February 15, 2017. Both appeared before U.S. Magistrate Judge Mark A. Moreno on February 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 $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on September 16, 2016, both Long and Dupris knowingly received and possessed a shotgun firearm having a barrel length of less than 18 inches and an overall length of less than 26 inches, that was not registered to them in the National Firearms Registration and Transfer Record database. The Indictment also alleges that on the same day, both Long and Dupris, knowingly received and possessed the shotgun firearm even though they were prohibited from doing so because they are unlawful users of and addicted to a controlled substance.
The charges are merely accusations and both Long and Dupris are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division, and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Long was remanded to the custody of the U.S. Marshals Service, and Dupris was released pending trial. Trial is set for April 18, 2017.
Spearfish Man Indicted for Multiple Sex OffensesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Spearfish, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse, Sexual Abuse, and Sexual Abuse of a Minor.
Stanley Patrick Weber, age 68, was indicted on February 22, 2017, and appeared before U.S. Magistrate Judge Daneta Wollmann on March 1, 2017. He pleaded not guilty to the Indictment.
The penalty upon conviction is any term of years up to life imprisonment, a $250,000 fine, a minimum of 5 years up to lifetime supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Weber sexually abusing minors between 1999 and 2011 while employed as a physician with Indian Health Services at Pine Ridge. The charges are merely an accusation and Weber is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Health and Human Services Office of Inspector General, the Bureau of Indian Affairs Office of Justice Services, the Internet Crimes Against Children Taskforce, the Rapid City Police Department, and the Spearfish Police Department. Assistant U.S. Attorney Sarah Collins is prosecuting the case.
Weber was released pending trial. A trial date has been scheduled for May 9, 2017.
Lower Brule Woman Charged with Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, woman has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Samantha Dolezal, a/k/a Samantha Good Low, age 24, was indicted on February 15, 2017. She appeared before U.S. Magistrate Judge Mark A. Moreno on February 24, 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 August 21, 2016, Dolezal forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with an officer from the Bureau of Indian Affairs by using a dangerous weapon and causing bodily injury to the officer, who was engaged in the performance of his official duties and employed as a federal law enforcement officer.
The charge is merely an accusation and Dolezal 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.
Dolezal was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Fort Thompson Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on February 28, 2017, by U.S. District Judge Roberto A. Lange.
Kyle Marks, age 32, was sentenced to 30 months in custody, 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Marks was indicted by a federal grand jury on November 9, 2016. He pled guilty on December 20, 2016.
The conviction stems from Marks failing to register as a sex offender, as required by federal law, between September 1, 2016, and October 12, 2016. Marks had previously been convicted of a sex offense in federal court, which required him to register as a sex offender.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Marks was immediately turned over to the custody of the U.S. Marshals Service.
Fort Thompson Man Charged with AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Gordon Bagola, age 62, was indicted on February 15, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 24, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on July 31, 2016, Bagola unlawfully assaulted a male with a knife, which resulted in serious bodily injury.
The charges are merely accusations and Bagola is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Bagola was released on bond pending trial, which has been set for April 18, 2017.
Eagle Butte Woman Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on February 21, 2017, by U.S. District Judge Roberto A. Lange.
Duciana Eagle Chasing, a/k/a Duciana Ranay Comes Flying, age 40, was sentenced to 6 months in custody, 3 years of supervised release, a $500 fine, and a $100 special assessment to the Federal Crime Victims Fund.
Eagle Chasing was indicted by a federal grand jury on July 19, 2016, for Distribution of a Controlled Substance between May 10, 2016, and May 27, 2016. Eagle Chasing pled guilty on November 8, 2016, admitting that she distributed methamphetamine, a Schedule II controlled substance, in South Dakota on May 10, 12, and 27, 2016.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Eagle Chasing was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for Distribution of Methamphetamine and EscapeRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Distribution of a Controlled Substance and Escape was sentenced on January 3, 2017, by U.S. District Judge Roberto A. Lange.
Tyson Curtis LeCompte, a/k/a Tyson Garreaux, age 22, was sentenced for Distribution of a Controlled Substance, to 15 months in custody, 3 years of supervised release, a $1,000 fine, and the forfeiture of $1,520.00 in U.S. currency seized by law enforcement. LeCompte was sentenced to 10 months in custody for Escape, the sentence to run concurrently with the Distribution sentence. He was further ordered to pay a special assessment of $200 to the Federal Crime Victims Fund.
LeCompte was indicted by a federal grand jury on August 16, 2016, for Distribution of a Controlled Substance. He pled guilty to Distribution of a Controlled Substance on October 4, 2016. LeCompte was also indicted by a federal grand jury on November 9, 2016, for Escape, and pled guilty to that charge on December 20, 2016.
LeCompte admitted to distributing methamphetamine, a Schedule II controlled substance, on June 25, 2016, in South Dakota, and that U.S. currency seized by law enforcement on another date was proceeds of a criminal offense.
In the Escape case, LeCompte requested and was granted a one-day furlough to attend a funeral in Eagle Butte on October 19, 2016. LeCompte admitted that he failed to return to the Hughes County Jail in Pierre that evening, as ordered by the Court. LeCompte was arrested in Cherry Creek on the evening of October 20, 2016.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division and the U.S. Marshals Service. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
LeCompte was immediately turned over to the custody of the U.S. Marshals Service.
Colorado Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Colorado Springs, Colorado, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on February 13, 2017, by U.S. District Judge Roberto A. Lange.
James Andrew Boswell, age 29, was sentenced to 48 months in custody, 3 years of supervised release, a $1,000 fine, the forfeiture of two firearms, $1,408.85 in United States currency seized by law enforcement, and a $100 special assessment to the Federal Crime Victims Fund.
Boswell was indicted by a federal grand jury on June 14, 2016. He pled guilty on November 22, 2016.
On May 9, 2016, Boswell was stopped by law enforcement in Lower Brule, South Dakota, on a traffic violation. Law enforcement determined that Boswell had an active arrest warrant for attempted murder out of Colorado. Inside Boswell’s vehicle was found 160 grams of methamphetamine and a cutting agent, heroin, drug paraphernalia, and two firearms. As part of his guilty plea, Boswell admitted that, since April of 2016, he had received distributable quantities of methamphetamine, a Schedule II controlled substance, from other individuals who knew that he intended to engage in further distribution of methamphetamine, and that he distributed methamphetamine to other individuals in South Dakota. Boswell further admitted that the methamphetamine, cash, and firearms found in his vehicle belonged to him, and that it was reasonably foreseeable to him that more than 50 grams of methamphetamine would be distributed over the course of the conspiracy.
This case was investigated by the Bureau of Indian Affairs, Lower Brule Agency, the South Dakota Department of Criminal Investigation, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Boswell was immediately turned over to the custody of the U.S. Marshals Service.
Cherry Creek Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Cherry Creek, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on February 27, 2017, by U.S. District Judge Roberto A. Lange.
Delano White Face, age 41, was sentenced to 33 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.
White Face was indicted by a federal grand jury on June 14, 2016. He pled guilty on December 13, 2016.
The conviction stems from White Face failing to register as a sex offender as required by federal law between August 1, 2015, and June 14, 2016. White Face 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 Jay Miller prosecuted the case.
White Face was immediately turned over to the custody of the U.S. Marshals Service.
Rosebud Man Charged with 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 Assaulting, Resisting, and Impeding a Federal Officer.
Conroy Chasing In Timber, age 34, was indicted on February 15, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 22, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 8 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about December 24, 2016, Chasing In Timber did forcibly assault, resist, oppose, impede, intimidate, and interfere with a corrections officer from the Rosebud Sioux Tribe, while the officer was engaged in the performance of his official duties.
The charge is merely an accusation and Chasing In Timber 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.
Chasing In Timber was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Parmelee Woman Charged with Child AbuseRead the Press Release
United States Attorney Randolph J. Seiler announced that a Parmelee, South Dakota, woman has been indicted by a federal grand jury for Child Abuse.
Charlee Spotted Tail, age 21, was indicted on October 12, 2016. She appeared before U.S. Magistrate Judge Mark A. Moreno on February 22, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 15 years in custody and/or a $30,000 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 11, 2016, Spotted Tail, abused, exposed, tortured, tormented, and cruelly punished a child who had not attained the age of seven years old.
The charge is merely an accusation and Spotted Tail 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.
Spotted Tail was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Okreek Woman Indicted on Assault ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that an Okreek, South Dakota, woman has been indicted by a federal grand jury for Assault With a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Selena Chief Eagle, age 24, was indicted on February 15, 2017. She appeared before U.S. Magistrate Judge Mark A. Moreno on February 22, 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 $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on January 10, 2017, Chief Eagle assaulted an individual with a knife with intent to do bodily harm, and that said assault resulted in serious bodily injury.
The charge is merely an accusation and Chief 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.
Chief Eagle was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Bullhead Woman Charged with Child AbuseRead the Press Release
United States Attorney Randolph J. Seiler announced that a Bullhead, South Dakota, woman has been indicted by a federal grand jury on four counts of Child Abuse.
Alyssa Oka, age 27, was indicted on February 15, 2017. She appeared before U.S. Magistrate Judge William D. Gerdes on February 21, 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 per count, and up to $400 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on multiple dates, Oka abused, exposed, tortured, tormented, and cruelly punished four juvenile victims who were all under the age of seven.
The charges are merely accusations and Oka 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.
Oka was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Bullhead Man Charged with First Degree Burglary and Domestic Assault by an Habitual OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Bullhead, South Dakota, man has been indicted by a federal grand jury for one count of First Degree Burglary and two counts of Domestic Assault by an Habitual Offender.
Dana Yellow Earrings, age 44, was indicted on February 15, 2017. He appeared before U.S. Magistrate Judge William D. Gerdes on February 21, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 35 years in custody and/or a $750,000 fine, 9 years of supervised release, and $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on September 11, 2016, Yellow Earrings unlawfully entered and remained in an occupied structure at night time. The Indictment also alleged that Yellow Earrings, on two separate occasions, committed the offense of domestic assault upon a spouse or partner.
The charges are merely accusations and Yellow Earrings 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.
Yellow Earrings was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Yankton Man Appears in Federal Court on Bank Robbery ChargeRead the Press Release
United States Attorney Randolph J. Seiler announced that a Yankton, South Dakota, man has been indicted by a federal grand jury for Bank Robbery.
David William Giese, age 26, was indicted on February 14, 2017. He appeared before U.S. Magistrate Judge Veronica L. Duffy on February 17, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 25 years in custody and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The indictment alleges that, Giese entered the Wells Fargo Bank in Yankton, on July 26, 2016, and demanded money from the teller.
The charge is merely an accusation and Giese is presumed innocent until and unless proven guilty.
“The charges today are the result of close collaboration by the FBI and our law enforcement partners.” said Special Agent in Charge Richard T. Thornton of the Minneapolis FBI office. “We will continue to work tirelessly to ensure those who commit crimes such as this will be brought to justice.”
The investigation is being conducted by the Federal Bureau of Investigation and the Yankton Police Department. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Giese was released on bond pending trial. A trial date has not been set.
Two Rapid City Men Sentenced on Firearm ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that two Rapid City men convicted of illegally possessing and selling a firearm were sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.
Daniel Joseph Newingham, 42, was sentenced on February 10, 2017, to 30 months of imprisonment and 3 years of supervised release and ordered to pay a $200 special assessment to the Federal Crime Victims Fund. Joseph Huddleston, 43, was sentenced on February 13, 2017, to 16 months of imprisonment and 3 years of supervised release and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Huddleston and Newingham were charged on June 21, 2016. The charges relate to Newingham, a person prohibited from possessing a firearm, stealing and possessing a Smith and Wesson .38 caliber revolver and Huddleston possessing and selling a stolen Glock 9mm pistol.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Rapid City Police Department. Assistant U.S. Attorney Ben Patterson prosecuted the case.
Both defendants were immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Charged with Tax FraudRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man was charged in federal district court for Wire Fraud and Making and Subscribing a False Tax Return.
Mike Lundy, a/k/a Barkley J.W. Lundy, was charged on February 7, 2017. Lundy appeared before U.S. Magistrate Judge Daneta Wollmann on February 14, 2017, and pleaded not guilty to the charges. The maximum penalty upon conviction is 20 years of imprisonment and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Lundy soliciting money from individuals for investments purposes and then using a portion of the solicited funds for his own personal expenses and failing to report the investment income for tax purposes. The charges are merely an accusation and Lundy is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Internal Revenue Service Criminal Investigation. Assistant U.S. Attorney Ben Patterson is prosecuting the case.
Lundy was released for the pendency of the proceedings.
Iowa Man Sentenced for Attempted Sex TraffickingRead the Press Release
United States Attorney Randolph J. Seiler announced that a Lester, Iowa, man convicted of Attempted Trafficking in Involuntary Servitude and Forced Labor was sentenced on February 9, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Aaron Vandekamp, age 23, was sentenced to 30 months of imprisonment and 3 years of supervised release and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Vandekamp was one of four men who were arrested and federally indicted as a result of an undercover sex trafficking operation conducted during the 2015 Sturgis Motorcycle Rally, targeting persons willing to pay to have sex with underage girls obtained through the Internet. The conviction stemmed from Vandekamp responding to an online advertisement posted by Division of Criminal Investigation undercover agents, which purported to offer young girls for sex. Following several messages with a person Vandekamp believed to be associated with a 15 year-old girl, but who was in fact an undercover agent, he proceeded to negotiate the time and place they would meet, along with the price he would pay, which was $150.
The undercover operation and arrests were a joint effort between the South Dakota Division of Criminal Investigation, the Department of Homeland Security, the Federal Bureau of Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s office. Assistant U.S. Attorney Sarah Collins prosecuted the case.
Vandekamp was immediately turned over to the custody of the U.S. Marshal's Service.
Dupree Man Sentenced for Assault Resulting in Serious Bodily Injury and Aiding and AbettingRead the Press Release
United States Attorney Randolph J. Seiler announced that a Dupree, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury and Aiding and Abetting was sentenced on February 13, 2017, by U.S. District Judge Roberto A. Lange.
Charles Hollow Horn, age 21, was sentenced to 24 months in custody, 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100. Restitution has been postponed for 60 days.
Hollow Horn was indicted by a federal grand jury on April 13, 2016. He pled guilty on November 22, 2016.
The conviction stems from an incident on December 8, 2015, when Hollow Horn and his girlfriend were staying at another friend’s residence in Dupree. On the day of the assault, the home owner was out of town. Hollow Horn and his girlfriend were drinking throughout the day. Later in the afternoon, the victim showed up looking for the home owner. The victim had alcohol, so Hollow Horn invited him in. After they ran out of alcohol, they went to get more. While making the alcohol run, they ran into another friend of Hollow Horn’s – Bradley Spekker – and invited him over. They then returned to the residence to continue to drink and socialize.
Horn and Spekker became angry with the victim and they began to assault him. The victim was punched and kicked several times, as well as being struck repeatedly with elbows and knees during the course of the assault. Horn was wearing boots while he was kicking the victim. The victim was rendered unconscious. The victim suffered significant swelling to his whole head, nasal fractures and diffuse cerebral swelling. His nose was obviously deformed. There was a laceration to the top left of his head and another on his chin. There was a large hole in the wall with blood splatter around it.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Hollow Horn was immediately turned over to the custody of the U.S. Marshals Service.
Cherry Creek Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Cherry Creek, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on February 13, 2017, by U.S. District Judge Roberto A. Lange.
Dewey Marrowbone, age 48, was sentenced to 15 months in custody, 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Marrowbone was indicted by a federal grand jury on October 12, 2016. He pled guilty on December 12, 2016.
Marrowbone 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. He was previously convicted for failing to register as a sex offender. Marrowbone was released from custody in Florence, Colorado, on August 10, 2016. He was to report to the Community Alternatives of the Black Hills the following day. He did not do so. He was on absconder status until August 25, 2016. The conviction stems from the fact that Marrowbone failed to register as a sex offender, as required by federal law, between August 13, 2016, and August 25, 2016.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Jay Miller prosecuted the case.
Marrowbone was immediately turned over to the custody of the U.S. Marshals Service.
St. Francis Man Sentenced for Assault by Striking, Beating, and WoundingRead the Press Release
United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man charged with Assault by Striking, Beating, and Wounding pled guilty and was sentenced on February 10, 2017, by U.S. Magistrate Judge Mark A. Moreno.
Ray Mcfarland, age 41, was sentenced to four days in custody, and a special assessment to the Federal Crime Victims Fund in the amount of $25.
Mcfarland was charged by criminal complaint on January 20, 2017.
The conviction stemmed from an incident that took place on January 19, 2017, when Mcfarland struck his girlfriend.
This investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Mcfarland was immediately turned over to the custody of the U.S. Marshals Service.
Marty Man Charged with Sexual Abuse Appears in Federal CourtRead the Press Release
United States Attorney Randolph J. Seiler announced that a Marty, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse.
Burton Wayne Rainbow, Jr., age 34, was indicted on February 7, 2017. He appeared before U.S. Magistrate Judge Veronica Duffy on February 10, 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, in August 2015, Rainbow engaged in a sexual act with a juvenile female. To perpetrate the sexual assault, Rainbow placed the juvenile female in fear.
The charge is merely an accusation and Rainbow is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Yankton Sioux Tribe’s Law Enforcement. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.
Rainbow was ordered detained pending trial. A trial date has been set for April 18, 2017.
Rapid City Man Pleads Guilty to Tax ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man has pled guilty to Failure to Collect and Pay Over Tax.
Kenneth E. Orrock, age 48, was charged on January 30, 2017. He appeared before U.S. Magistrate Judge Daneta Wollman on February 10, 2017, and pled guilty pursuant to a plea agreement reached with federal prosecutors.
The maximum penalty is 5 years imprisonment and/or a $250,000 fine, 3 years of supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
charges stem from Orrock’s failure to collect and pay over federal employee tax withholdings related to his private security company, Black Hills Asset Protection Group, which does business under the trade name Black Hills Patrol. Orrock, the sole owner of Black Hills Asset Protection Group, is also a licensed attorney and served as the Bennett County State’s Attorney until January 2017.
This case was investigated by the Internal Revenue Service Criminal Investigation Division. Assistant U.S. Attorney Kirk W. Albertson is prosecuting the case.
Orrock was released pending sentencing. A sentencing date has not been set.
Rapid City Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Failing to Register as a Sex Offender was sentenced on February 6, 2017, by U.S. District Judge Roberto A. Lange.
Frank White Thunder, age 29, was sentenced to 15 months in custody, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
White Thunder was indicted by a federal grand jury on May 17, 2016. He pled guilty on November 30, 2016.
White Thunder was convicted of Abusive Sexual Contact in April 2008. As a result of this conviction, he is required to register as a sex offender. In February 2012, White Thunder was convicted of Failure to Register as a Sex Offender and was ordered to register as a sex offender. He was released from custody on April 5, 2016. White Thunder initially registered as a sex offender, but then absconded from supervision. White Thunder did not update his sex offender registration between April 21, 2016 and May 17, 2016, as required by law and his whereabouts were unknown.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Kirk W. Albertson prosecuted the case.
White Thunder was immediately turned over to the custody of the U.S. Marshals Service.
Mobridge Man Charged with Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mobridge, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Justin Jerome Howard, age 33, was indicted on January 19, 2017. He appeared before U.S. Magistrate Judge William D. Gerdes on January 27, 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 December 5, 2016, and December 14, 2016, Howard, 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 Howard 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.
Howard was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Mission Man Charged with Assaulting, Opposing, Resisting, and Impeding 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, Opposing, Resisting, and Impeding a Federal Officer.
Donovan Siers, a/k/a Donovan Fast Dog, age 51, was indicted on September 13, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 7, 2016 and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 8 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on July 4, 2016, Siers did forcibly assault, resist, oppose, impede, intimidate, and interfere with an officer who was employed as a law enforcement officer by the Rosebud Sioux Tribe, and the said conduct did involve physical contact.
The charge is merely an accusation and Siers 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.
Siers was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
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.
Kyle White Bull, age 29, was indicted on January 19, 2017. He appeared before U.S. Magistrate Judge William D. Gerdes on January 27, 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 on each count. Restitution may also be ordered.
The Indictment alleges that on December 21, 2016, White Bull unlawfully committed a domestic assault. At the time of the assault, White Bull had at least two separate prior convictions for assaults that were against a spouse or intimate partner.
The charges are merely accusation and White Bull 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.
White Bull was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
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.
Theron Wade Makes Him First, age 28, was indicted on January 19, 2017. He appeared before U.S. Magistrate Judge William D. Gerdes on January 27, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a fine of up to $500,000, 3 years of supervised release, and $200 to the Federal Crime Victims Fund on each count. Restitution may also be ordered.
The Indictment alleges that on June 28, 2016, Makes Him First unlawfully committed two domestic assaults. At the time of the assaults, he had at least two separate prior convictions for assaults that were against a spouse or intimate partner.
The charges are merely accusation and Makes Him First 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.
Makes Him First was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Lower Brule Man Charged with Assault and Firearm OffensesRead 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 Assaulting, Resisting, and Impeding a Federal Officer, Assault with a Dangerous Weapon, and Brandishing of a Firearm During a Crime of Violence.
Philip Anthony Battese, age 36, was indicted on January 19, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 6, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $750,000 fine, up to life of supervised release, and $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on December 21, 2016, Battese forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with a Lieutenant from the Bureau of Indian Affairs, while that Lieutenant was engaged in the performance of his official duties. During the assault, Battese knowingly brandished a firearm at the officer during and in relation to this crime of violence.
The charges are merely accusations and Battese 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.
Battese 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 Child Abuse and Assault with a Dangerous WeaponRead 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 Child Abuse and Assault with a Dangerous Weapon.
Chavez Spotted Horse, age 40, was indicted on January 19, 2017. He appeared before U.S. Magistrate Judge William D. Gerdes on January 27, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 60 years in custody and/or a fine of up to $1,500,000, 3 years of supervised release, and $600 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between November 27, 2016, and November 30, 2016, Spotted Horse hit a juvenile victim on three separate occasions with a kitchen spoon, a rod, and a plastic hanger.
The charges are merely accusations and Spotted Horse 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.
Spotted Horse was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Five Eagle Butte Residents Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that five Eagle Butte, South Dakota, residents convicted of Conspiracy to Distribute a Controlled Substance have now been sentenced by U.S. District Judge Roberto A. Lange.
On April 13, 2016, all five defendants were indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance. All five defendants pled guilty to that same charge.
Kristina Rae Lofton, a/k/a Kristina Rae Moran, age 37, pled guilty on November 8, 2016, and was sentenced on January 30, 2017, to 132 months in custody, to be followed by 5 years of supervised release.
Robert Earlwin Lofton, Jr., a/k/a Robert Erwin Lofton, Jr., a/k/a Blue Lofton, age 35, pled guilty on September 27, 2016, and was sentenced on December 19, 2016, to 78 months in custody, to be followed by 5 years of supervised release.
Tyler James Peterson, age 36, pled guilty on November 7, 2016, and was sentenced on January 30, 2017, to 70 months in custody, to be followed by 3 years of supervised release.
Stephanie Fawn Lofton, a/k/a Stephanie Fawn Clark, age 39, pled guilty on November 14, 2016, and was sentenced on January 31, 2017, to 68 months in custody, to be followed by 4 years of supervised release.
Ashley Marie Peterson, age 34, pled guilty on October 24, 2016, and was sentenced on January 23, 2017, to 38 months in custody, to be followed by 2 years of supervised release.
All of the defendants were also ordered to pay a $1,000 fine, a special assessment to the Federal Crime Victims Fund in the amount of $100, and the forfeiture of United States currency, firearms, and ammunition seized by law enforcement.
March of 2014 and July of 2016, Kristina, Robert and Stephanie Lofton, and Tyler and Ashley Peterson, knowingly and intentionally conspired and agreed with each other, and with others, to distribute methamphetamine, a Schedule II Controlled Substance, in and around the Cheyenne River Sioux Tribe Reservation and elsewhere in South Dakota. Beginning in March of 2014, the defendants received distributable quantities of methamphetamine from individuals who knew that they intended to engage in further distribution of the methamphetamine. The defendants further distributed the methamphetamine to others within South Dakota.
Kristina Lofton admitted to being the organizer or leader in the conspiracy and distributed methamphetamine to numerous participants. The Court found that Kristina Lofton was responsible for distributing between 1.5 and 5 kilograms of methamphetamine. Robert Lofton was arrested with firearms, ammunition, and U.S. currency, which were seized by law enforcement. The Court found that Robert Lofton, Stephanie Lofton, Tyler Peterson, and Ashley Peterson distributed between 350 grams and 500 grams of methamphetamine.
This case was investigated by the Federal Bureau of Investigation, 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.
The defendants were immediately turned over to the custody of the U.S. Marshals Service following sentencing.
Lower Brule Woman Charged with Assault of a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, woman has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Majestic Byington, age 23, was indicted on August 16, 2016. She appeared before U.S. Magistrate Judge Mark A. Moreno on February 2, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 8 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on April 15, 2016, Byington assaulted, resisted, opposed, impeded, intimidated, and interfered with a Special Agent from the Federal Bureau of Investigation, while the agent was engaged in the performance of his official duties.
The charge is merely an accusation and Byington is presumed innocent until and unless proven guilty.
investigation is being conducted by the Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Byington was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Lower Brule Man Charged with Sexual AbuseRead 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 Aggravated Sexual Abuse and Sexual Abuse.
James St. Cloud, age 36, was indicted on January 19, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 2, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $500,000 fine, up to life of supervised release, and $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between March 30, 2016, and April 16, 2016, as well as September 16, 2016, St. Cloud knowingly engaged in and attempted to engage in sexual behavior with two minor victims, one of whom was incapable of appraising the nature of the conduct, and was physically incapable of declining participation or communicating her unwillingness to engage in the sexual act.
The charges are merely accusations and St. Cloud is presumed innocent until and unless proven guilty.
investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
St. Cloud was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Two California Men Sentenced for CounterfeitingRead the Press Release
United States Attorney Randolph J. Seiler announced that two California men convicted of Trafficking in Counterfeit Goods or Services were sentenced on January 30, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Mohamed Elkady, age 30, and Fady Youssef Abdelmalek, age 34, were each sentenced to time served, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. They were also ordered to pay $50,000 in restitution jointly, which they paid in full, prior to sentencing.
Elkady and Abdelmalek were charged on June 6, 2015. The conviction stems from them manufacturing and selling counterfeit goods at kiosks in the Rushmore Mall in Rapid City, South Dakota, and the Empire Mall in Sioux Falls, South Dakota, between November 2014 and June 2015. The victims included the National Football League, various motor vehicle manufacturers, and television show producers.
This case was investigated by the Department of Homeland Security, Bureau of Immigration and Customs Enforcement. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Rapid City Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on January 30, 2017, by U.S. District Judge Roberto A. Lange.
Allen Good Shield, age 27, 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.
Good Shield was indicted by a federal grand jury on August 23, 2016. He pled guilty on November 8, 2016.
Good Shield was convicted of Sexual Abuse of a Minor in federal court in November 2010, and sentenced to 27 months in prison, followed by 5 years supervised release. As a result of this conviction, he is required to register as a sex offender and to update his registration within three business days of relocating or changing employment. In July 2016, Good Shield registered with an address in Rapid City. Good Shield subsequently absconded from supervised release and an arrest warrant was issued. He was arrested in Rapid City on August 11, 2016. Good Shield did not update his sex offender registration between August 2, 2016, and August 11, 2016, as required by law.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Good Shield was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on January 31, 2017, by U.S. District Judge Roberto A. Lange.
Patrick Black Spotted Horse, age 27, was sentenced to 18 months in custody, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Black Spotted Horse was indicted by a federal grand jury on January 21, 2016. He pled guilty on November 8, 2016.
Black Spotted Horse was convicted of Sexual Abuse of a Minor in federal court in March 2010, and sentenced to 40 months in prison followed by 5 years of supervised release. As a result of this conviction, he is required to register as a sex offender and to update his registration within three business days of relocating or changing employment. In October 2015, Black Spotted Horse updated his registration using an address in Rapid City. In December 2015, Black Spotted Horse absconded from supervised release, and a warrant was issued for his arrest. Black Spotted horse did not update his sex offender registration between December 3, 2015, and January 20, 2016, as required by law.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Black Spotted Horse was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on January 30, 2017, by U.S. District Judge Roberto A. Lange.
Lonnie Ray Erickson, age 51, was sentenced to 132 months in custody, 5 years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100. Erickson was also ordered to forfeit U.S. currency, firearms, and ammunition seized by law enforcement.
Erickson was initially indicted by a federal grand jury on August 11, 2015. A Superseding Indictment was filed on December 8, 2015, and a second Superseding Indictment was filed on May 7, 2016. Erickson pled guilty on November 8, 2016.
Between March of 2015 and May of 2016, Erickson knowingly and intentionally conspired with others to distribute more than 500 grams of methamphetamine, a Schedule II Controlled Substance, in South Dakota. Erickson received distributable quantities of methamphetamine and distributed it to others within South Dakota. The individuals who provided Erickson with methamphetamine knew that he intended to engage in further distribution. It was reasonably foreseeable to Erickson that more than 500 grams of methamphetamine would be distributed during the course of the conspiracy.
On July 26, 2015, and October 15, 2015, cash, firearms, and ammunition were seized by law enforcement from Erickson. Methamphetamine, marijuana, and drug paraphernalia were also seized from Erickson on October 15, 2015.
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.
Erickson was immediately turned over to the custody of the U.S. Marshals Service.
Manderson Man Indicted for Sexual ContactRead the Press Release
United States Attorney Randolph J. Seiler announced that a Manderson, South Dakota, man has been indicted by a federal grand jury for Abusive Sexual Contact.
Lorne Michael Thunder Horse, age 34, was indicted on January 24, 2017, and appeared before U.S. Magistrate Judge Daneta Wollmann on January 31, 2017. He pleaded not guilty to the charge.
The penalty upon conviction is any term of years up to life imprisonment, and/or a $250,000 fine, any term of years or lifetime supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Thunder Horse engaging in sexual contact with a young child. The charge is merely an accusation and Thunder Horse is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Ben Patterson is prosecuting the case.
Thunder Horse was detained pending trial. A trial date has not been set.
Ellsworth Air Force Base Man Indicted for Illegal Use of InternetRead the Press Release
United States Attorney Randolph J. Seiler announced that an Ellsworth AFB, South Dakota, man has been indicted by a federal grand jury for Attempted Sexual Exploitation of a Minor, Attempted Enticement of a Minor Using the Internet, and Transfer of Obscene Material to a Minor.
Rickey Lee Crain, age 27, was indicted on January 24, 2017, and appeared before U.S. Magistrate Judge Daneta Wollmann on January 27, 2017. He pleaded not guilty to the Indictment.
The penalty upon conviction is a minimum of 5 years up to life imprisonment, a $250,000 fine, a minimum of 5 years up to lifetime supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Crain using a cell phone and a computer to send obscene material to a minor, and to engage in sexually explicit conduct with a female he believed to be 13-years old.
The charges are merely an accusation and Crain is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Internet Crimes Against Children Taskforce. Assistant U.S. Attorney Sarah Collins is prosecuting the case.
Crain was released pending trial.
Eagle Butte Woman Charged with Conspiracy and Distribution of MethamphetamineRead 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 and Distribution of a Controlled Substance.
Donni DaRae Traversie, a/k/a Donna Dupris, age 26, was indicted on January 19, 2017. She appeared before U.S. Magistrate Judge Mark A. Moreno on January 24, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction, on each count, is up to 20 years in custody and/or a $1,000,000 fine, up to life on supervised release, and $500 to the Federal Crime Victims Fund. Restitution may also be ordered.
It is alleged that between April 1, 2012, and January 19, 2017, Traversie conspired to manufacture and distribute methamphetamine in the District of South Dakota. It is further alleged that on four occasions between June 14 and July 1, 2016, Traversie distributed methamphetamine.
The charges are merely accusations and Traversie is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Traversie was released on bond to a third party custodian pending trial. Trial is set for April 4, 2017.