District of South Dakota
Press releases recorded for this federal judicial district.
Eagle Butte Man and Utah Man Sentenced for RobberyRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man and an Ogden, Utah, man convicted of Robbery were sentenced by U.S. District Judge Roberto A. Lange.
Ryker Talbot, age 20, from Ogden, Utah, was sentenced on January 30, 2017, to 84 months in custody, to be followed by 3 years of supervised release. Dominic Houston, age 18, from Eagle Butte, South Dakota, was sentenced on December 19, 2016, to 46 months in custody, followed by 2 years of supervised release. Both were ordered to pay $1,743.20 in restitution to the Eagle Stop Convenience Store and Gas Station in Eagle Butte, on a joint and several basis, and a special assessment to the Federal Crime Victims Fund in the amount of $100.00 each.
Talbot and Houston were indicted by a federal grand jury on July 26, 2016. Talbot pled guilty on November 8, 2016, and Houston pled guilty on September 27, 2016.
The conviction stems from an incident on July 2, 2016, when Talbot and Houston discussed committing a robbery. Ultimately, the decision was made to rob the Eagle Stop. Shortly before 1:00 a.m. on Saturday, July 2, 2016, Talbot and Houston traveled to the vicinity of the Eagle Stop. Houston remained outside of the store and served as a lookout. Talbot entered the Eagle Stop, carrying a Maverick 12-gauge shotgun. Talbot pointed the shotgun at the clerk and demanded money. Talbot then racked the shotgun and repeated his demand to be given money. The clerk gave Talbot money from the cash registers in the store. Talbot then demanded the clerk to give him two cartons of cigarettes, and the clerk complied. Talbot exited the store with the cash and cartons of cigarettes, and Talbot and Houston then left the scene. They later split up the proceeds acquired in the robbery.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services, and the Division of Criminal Investigation. Assistant U.S. Attorney Jay Miller prosecuted the case.
Talbot and Houston were immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Charged with Assault of a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, Opposing, and Impeding a Federal Officer.
Thomas James Shan Looking Horse, a/k/a TJ. Shan Looking Horse, age 31, was indicted on January 19, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 31, 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 $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on December 19, 2016, Looking Horse forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with a Police Sergeant and a Correctional Officer from the Cheyenne River Sioux Tribe, while they were performing their official duties.
The charges are merely accusations and Looking Horse 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.
Looking Horse was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Three Individuals Arrested and Charged in South Dakota Fraudulent Medical Device SchemeRead the Press Release
The Justice Department, in conjunction with the U.S. Postal Inspection Service, announced today that three individuals have been arrested on charges related to their involvement in a scheme to defraud consumers with regard to a medical device that they marketed as a treatment for over 200 different diseases and disorders, and for violating a judicial order that was previously imposed after this scheme was originally uncovered.
Over the weekend, U.S. Postal Inspectors arrested Rapid City, South Dakota residents Robert “Larry” Lytle, 81, and Fredretta L. Eason, 76, and Canada resident Irina Kossovskaia, 62, after the three were indicted by a federal grand jury in Rapid City, South Dakota. Lytle and Kossovskaia are charged with mail fraud, wire fraud, conspiracy, contempt, and obstruction of government proceedings. Eason is charged with criminal contempt. A fourth individual, Ronald D. Weir, 38, also of Rapid City, agreed to plead guilty on Monday to related conspiracy charges contained in a separate criminal information that was filed with the U.S. District Court for the District of South Dakota. These charges follow a separate civil enforcement action brought by the United States against Lytle and his QLaser businesses in late 2014.
As alleged in the charging documents and in filings from a prior civil case, Lytle, Kossovskaia, and Weir marketed and distributed “QLasers,” a collection of hand-held light-emitting devices that they falsely claimed could safely and effectively treat a panoply of medical conditions at home, including cancer, cardiac arrest, HIV, diabetes, and even Lou Gherig’s disease. The use of the QLaser to treat such serious conditions is unsupported by any published clinical, scientific studies, and not approved by the U.S. Food and Drug Administration (FDA). The defendants sold the devices alone and in combination packages mostly to elderly consumers for prices that ranged from approximately $4,000 to $13,000. To convince consumers of their claim that the device was able to “help almost every health problem ever experienced by a human being,” promotional material for the QLaser referred to the device’s inventor as “Dr. Larry Lytle, D.D.S., Ph.D.” to create the false impression that he was especially knowledgeable, scientifically competent, credible and authoritative. In reality, Lytle’s license to practice dentistry was permanently revoked for engaging in fraud and material deception and his claimed “Ph.D.” in “nutrition” is not legitimate.
In 2015, during the civil case against Lytle, the federal court concluded that the QLaser’s labeling was not only false and misleading, but also that using the device could actually be dangerous when used as Lytle directed. As a result, the court ordered Lytle and anyone acting in concert and participation with him to cease distributing the devices. The defendants’ disobedience of the court’s orders is the basis of the criminal contempt charges contained in the indictment. In addition to criminal contempt, mail fraud, and wire fraud, the grand jury also charged Lytle with obstruction of the FDA by making false statements and providing false documents during the agency’s inspections of his QLaser business.
In accordance with a plea agreement with Weir, the government charged him in a criminal information with one count of conspiracy to introduce misbranded medical devices into interstate commerce with the intent to defraud and mislead. The information accuses Weir of conspiring with Lytle and others to market and distribute QLasers through a company called “Laser Wellness.”
“As the indictment alleges, these individuals targeted vulnerable citizens for years, preying on weaknesses brought about by chronic illnesses and fear of death—all to enrich themselves, and even where the scheme entailed violating a direct court order to stop,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “This prosecution further demonstrates the Department’s ongoing commitment to protecting older Americans from fraud and abuse.”
“This indictment represents the government’s commitment to protecting consumers from unethical and predatory businesses,” said U.S. Attorney Randolph J. Seiler of the District of South Dakota. “In cases like this, prosecutorial measures are the only recourse when a business repeatedly demonstrates blatant disregard for the law, and potentially jeopardizes the health and safety of its consumers.”
“The U.S. Postal Inspection Service is committed to ensuring that these types of predatory schemes are investigated aggressively,” said U.S. Postal Inspector in Charge Craig Goldberg of the Denver Division, which covers multiple states including South Dakota. “It is imperative that we continue to protect those vulnerable individuals in our society who unknowingly fall prey to these schemes. We cannot allow fraudsters to utilize the U.S. mail to further their schemes.”
In addition to fines, each count of mail and wire fraud in the indictment carries a statutory maximum sentence of 20 years’ imprisonment. Each of the conspiracy and obstruction counts carries a maximum sentence of five years imprisonment. There is no statutory maximum penalty for criminal contempt.
The criminal investigation has been conducted by the U.S. Postal Inspection Service. The case is being prosecuted by Trial Attorney Ross S. Goldstein of the Justice Department’s Consumer Protection Branch and Assistant U.S. Attorney Ted McBride of the U.S. Attorney’s Office for the District of South Dakota.
The details contained in indictments and informations are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at http://www.justice.gov/civil/consumer-protection-branch.
Three Individuals Arrested and Charged in South Dakota Fraudulent Medical Device SchemeRead the Press Release
WASHINGTON - The Justice Department, in conjunction with the U.S. Postal Inspection Service, announced today that three individuals have been arrested on charges related to their involvement in a scheme to defraud consumers with regard to a medical device that they marketed as a treatment for over 200 different diseases and disorders, and for violating a judicial order that was previously imposed after this scheme was originally uncovered.
Over the weekend, U.S. Postal Inspectors arrested Rapid City, South Dakota residents Robert “Larry” Lytle, 81, and Fredretta L. Eason, 76, and Canada resident Irina Kossovskaia, 62, after the three were indicted by a federal grand jury in Rapid City, South Dakota. Lytle and Kossovskaia are charged with mail fraud, wire fraud, conspiracy, contempt, and obstruction of government proceedings. Eason is charged with criminal contempt. A fourth individual, Ronald D. Weir, 38, also of Rapid City, agreed to plead guilty on Monday to related conspiracy charges contained in a separate criminal information that was filed with the U.S. District Court for the District of South Dakota. These charges follow a separate civil enforcement action brought by the United States against Lytle and his QLaser businesses in late 2014.
As alleged in the charging documents and in filings from a prior civil case, Lytle, Kossovskaia, and Weir marketed and distributed “QLasers,” a collection of hand-held light-emitting devices that they falsely claimed could safely and effectively treat a panoply of medical conditions at home, including cancer, cardiac arrest, HIV, diabetes, and even Lou Gherig’s disease. The use of the QLaser to treat such serious conditions is unsupported by any published clinical, scientific studies, and not approved by the U.S. Food and Drug Administration (FDA). The defendants sold the devices alone and in combination packages mostly to elderly consumers for prices that ranged from approximately $4,000 to $13,000. To convince consumers of their claim that the device was able to “help almost every health problem ever experienced by a human being,” promotional material for the QLaser referred to the device’s inventor as “Dr. Larry Lytle, D.D.S., Ph.D.” to create the false impression that he was especially knowledgeable, scientifically competent, credible and authoritative. In reality, Lytle’s license to practice dentistry was permanently revoked for engaging in fraud and material deception and his claimed “Ph.D.” in “nutrition” is not legitimate.
In 2015, during the civil case against Lytle, the federal court concluded that the QLaser’s labeling was not only false and misleading, but also that using the device could actually be dangerous when used as Lytle directed. As a result, the court ordered Lytle and anyone acting in concert and participation with him to cease distributing the devices. The defendants’ disobedience of the court’s orders is the basis of the criminal contempt charges contained in the indictment. In addition to criminal contempt, mail fraud, and wire fraud, the grand jury also charged Lytle with obstruction of the FDA by making false statements and providing false documents during the agency’s inspections of his QLaser business.
In accordance with a plea agreement with Weir, the government charged him in a criminal information with one count of conspiracy to introduce misbranded medical devices into interstate commerce with the intent to defraud and mislead. The information accuses Weir of conspiring with Lytle and others to market and distribute QLasers through a company called “Laser Wellness.”
“As the indictment alleges, these individuals targeted vulnerable citizens for years, preying on weaknesses brought about by chronic illnesses and fear of death—all to enrich themselves, and even where the scheme entailed violating a direct court order to stop,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “This prosecution further demonstrates the Department’s ongoing commitment to protecting older Americans from fraud and abuse.”
“This indictment represents the government’s commitment to protecting consumers from unethical and predatory businesses,” said U.S. Attorney Randolph J. Seiler of the District of South Dakota. “In cases like this, prosecutorial measures are the only recourse when a business repeatedly demonstrates blatant disregard for the law, and potentially jeopardizes the health and safety of its consumers.”
“The U.S. Postal Inspection Service is committed to ensuring that these types of predatory schemes are investigated aggressively,” said U.S. Postal Inspector in Charge Craig Goldberg of the Denver Division, which covers multiple states including South Dakota. “It is imperative that we continue to protect those vulnerable individuals in our society who unknowingly fall prey to these schemes. We cannot allow fraudsters to utilize the U.S. mail to further their schemes.”
In addition to fines, each count of mail and wire fraud in the indictment carries a statutory maximum sentence of 20 years’ imprisonment. Each of the conspiracy and obstruction counts carries a maximum sentence of five years imprisonment. There is no statutory maximum penalty for criminal contempt.
The criminal investigation has been conducted by the U.S. Postal Inspection Service. The case is being prosecuted by Trial Attorney Ross S. Goldstein of the Justice Department’s Consumer Protection Branch and Assistant U.S. Attorney Ted McBride of the U.S. Attorney’s Office for the District of South Dakota.
The details contained in indictments and informations are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at http://www.justice.gov/civil/consumer-protection-branch.
NOTE: Relevant court documents are available at the following links: Indictment, Weir Criminal Information, Weir Plea Agreement and Weir Factual Basis Statement.
St. Francis Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a St. Francis, 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.
Ennors Quick Bear, age 28, was sentenced to 15 months in custody, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Quick Bear was indicted by a federal grand jury on October 12, 2016. He pled guilty on November 14, 2016.
Quick Bear was convicted of Sexual Abuse of a Minor in federal court in September 2012. 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 June 2016, Bear registered with an address in St. Francis. On August 9, 2016, Bear moved to a different address in St. Francis, but did not update his registration. Bear was on federal supervised release at the time and a warrant was issued for his arrest. On September 15, 2016, Bear was arrested at a house in St. Francis without incident. Bear did not update his sex offender registration between August 12, 2016, and September 15, 2016, as required by law.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Quick Bear was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Assaulting, Opposing, Resisting, and Impeding a Federal Officer was sentenced on January 30, 2017, by U.S. District Judge Roberto A. Lange.
Richard One Feather, age 47, was sentenced to 8 months in custody, followed by 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
One Feather was indicted by a federal grand jury on April 13, 2016. He pled guilty on November 8, 2016.
The conviction stemmed from an incident that occurred on March 29, 2016. A Rosebud Sioux Tribe Law Enforcement Services Officer observed One Feather’s speeding and swerving. The officer pursued One Feather to a house in the Soldier Creek Community. One Feather was visibly intoxicated when he exited the vehicle, and refused to comply with the officer’s commands. He then began to actively resist arrest and kicked the officer in the leg. The officer pepper-sprayed One Feather, placed him on the ground, and handcuffed him.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk W. Albertson prosecuted the case.
One Feather was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Woman Charged with Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily InjuryRead 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.
Rheta Haskell, a/k/a Rheta Miner, age 37, was indicted on January 19, 2017. She appeared before U.S. Magistrate Judge Mark A. Moreno on January 30, 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 $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on October 8, 2016, Haskell unlawfully assaulted a female who suffered serious bodily injury.
The charges are merely accusations and Haskell 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.
Haskell was released on bond pending trial, which has been set for April 4, 2017.
Eagle Butte Woman Charged with Theft from Indian Tribal OrganizationRead 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 Theft from Indian Tribal Organization.
Shanon LeCompte, a/k/a Shanon Morgan, age 41, 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 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 between May 31, 2016, and October 22, 2016, LeCompte willfully and knowingly stole, embezzled and converted to her own use money and funds belonging to an Indian Tribal Organization, the Lakota Thrift Mart, in an amount greater than $1,000.
The charge is merely an accusation and LeCompte 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.
LeCompte was released on bond pending trial. A trial date has not been set.
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Sioux Falls Man Sentenced for Prostitution TransportationRead the Press Release
United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man convicted of Transportation for Prostitution was sentenced on January 23, 2017 by U.S. District Judge Karen E. Schreier.
Eric Sims, age 47, was sentenced to 21 months in custody, with 5 years of supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund.
Sims was indicted for Sex Trafficking Conspiracy by a federal grand jury on October 6, 2015. He pled guilty to Transportation for Prostitution on October 20, 2016.
Sims aided and abetted individuals engaging in acts of prostitution in Sioux Falls by providing them a place to stay while they pursued prostitution activities. Co-defendant Michael Dickey transported a female from Minnesota to South Dakota for the purpose of engaging in prostitution. Dickey posted advertisements on Backpage.com and received some of the proceeds from the commercial sex acts. Dickey was sentenced on August 29, 2016, to 30 months of incarceration for his participation in the prostitution activity.
This case was investigated by the Federal Bureau of Investigation, and the Sioux Falls Police Department. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Sims was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Indicted for Firearm PossessionRead 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 of an Unregistered Firearm.
Mason Hamm, 20, was indicted on December 20, 2016, and appeared before U.S. Magistrate Judge Daneta Wollmann on January 20, 2017. He pleaded not guilty to the charge.
The penalty upon conviction is up to 10 years of 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.
The charge relates to Hamm unlawfully possessing a firearm suppressor, also known as a silencer. The charge is merely an accusation and Hamm is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms & Explosives, and South Dakota Game, Fish, and Parks. Assistant U.S. Attorney Ben Patterson is prosecuting the case.
Hamm was released pending trial. A trial date has not been set.
Pukwana Man Charged with Operating a Motor Vehicle Under the Influence of Alcohol Causing Serious Bodily Injury to a MinorRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pukwana, South Dakota, man has been indicted by a federal grand jury for Operating a Motor Vehicle Under the Influence of Alcohol Causing Serious Bodily Injury to a Minor.
Wesley Paul Miller, age 40, was indicted on January 19, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 23, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is not more than 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 July 5, 2016, Miller, while being in actual physical control of a vehicle and under the influence of an alcoholic beverage, drove over a minor child, causing serious bodily injury.
The charge is merely an accusation and Miller 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.
Miller was released on bond pending trial. A trial date has not been set.
Mitchell Man Sentenced for Abusive Sexual ContactRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mitchell, South Dakota, man convicted of Abusive Sexual Contact was sentenced on January 23, 2017, by U.S. District Judge Karen E. Schreier.
Brent Allen Silk, Jr., age 26, was sentenced to 36 months in custody, followed by 5 years of supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund.
Silk pled guilty to a Superseding Information for Abusive Sexual Contact on October 24, 2016.
On the night of May 12, 2015, Silk and others were drinking at a home just east of Lake Andes, on the Yankton Sioux Reservation. Later in the night, Silk was in a van and had sexual contact with an intoxicated female adult who was incapable of appraising the nature of the conduct.
This case was investigated by the Yankton Sioux Tribe Police Department and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Silk was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Sentenced for Sexual Abuse of a MinorRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Sexual Abuse of a Minor was sentenced on January 23, 2017, by U.S. District Judge Roberto A. Lange.
Jeremiah Jay Swalley, age 34, was sentenced to 21 months in custody, 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Swalley was indicted by a federal grand jury on March 22, 2016. He pled guilty to a Superseding Information on October 24, 2016.
The conviction stemmed from an incident that occurred in July 2015, wherein Swalley sexually abused a 12-year-old girl.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Kirk W. Albertson prosecuted the case.
Swalley was immediately turned over to the custody of the U.S. Marshals Service.
Hot Springs Man Sentenced for RobberyRead the Press Release
United States Attorney Randolph J. Seiler announced that a Hot Springs, South Dakota, man convicted of Interference with Commerce by Robbery, and Use and Brandishing of a Firearm During the Commission of a Crime of Violence was sentenced on January 20, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Ronald William Swallow, age 51, was sentenced to 10 years of imprisonment, 5 years of supervised release, and ordered to pay a $200 special assessment to the Federal Crime Victims Fund and $27,006.66 in restitution.
Swallow was charged on February 23, 2016. The conviction stems from Swallow robbing at gunpoint employees of three Rapid City casinos; East St. Pat’s Casino, Joker’s Casino, and Uncle Sam’s Casino.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and & Explosives, and the Rapid City Police Department. Assistant U.S. Attorney Ben Patterson prosecuted the case.
Swallow was immediately turned over to the custody of the U.S. Marshals Service.
Cherry Creek Man Sentenced for Sexual Contact with a MinorRead the Press Release
United States Attorney Randolph J. Seiler announced that a Cherry Creek, South Dakota, man convicted of Sexual Contact with a Minor was sentenced on January 23, 2017, by U.S. District Judge Roberto A. Lange.
Sylvan Larrabee, age 24, was sentenced to 24 months in custody, 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Larrabee was indicted by a federal grand jury on March 25, 2016. He pled guilty on October 24, 2016.
The conviction stems from an incident on May 28, 2015, when the victim went to Larrabee’s residence in Dupree. The two of them had consensual sexual intercourse twice that day. Prior to the consensual sexual intercourse, Larrabee was aware that the victim was only 14 years of age. Some of his friends had warned him about her being too young. The victim’s mother had also confronted Larrabee, asking him to leave her daughter alone.
This case was investigated by the Cheyenne Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation. Assistant U.S. Attorney Jay Miller prosecuted the case.
Larrabee was immediately turned over to the custody of the U.S. Marshals Service.
Bismarck, North Dakota Man Pleads Guilty to Receipt of Child PornographyRead the Press Release
United States Attorney Randolph J. Seiler announced that Michael David Rivera, age 29, of Bismarck, North Dakota, appeared before U.S. District Judge Ralph R. Erickson on January 26, 2017, in Fargo, North Dakota, and made his initial appearance, and pled guilty to the Indictment that charged him with Receipt of Images Depicting the Sexual Exploitation of Minors.
The maximum penalty upon conviction is a mandatory minimum of 5 years up to 20 years of imprisonment and/or a $250,000 fine, at least 5 years up to life of supervised release, a $100 special assessment to the federal crime victims fund, and a $5,000 assessment to the domestic trafficking victims’ fund, unless the sentencing court finds the Defendant to be indigent. Restitution may also be ordered.
Rivera was indicted by a North Dakota grand jury on October 6, 2016. The South Dakota U.S. Attorney’s Office, District of South Dakota, is prosecuting the case after the U.S. Attorney’s Office, District of North Dakota, recused itself from the matter.
The charge stems from the following facts:
In June 2016, Bismarck and other North Dakota state and federal law enforcement officers began to learn that Rivera, at the time a Deputy U.S. Marshal who worked at the federal courthouse in Bismarck, had been surreptitiously recording a variety of women, including juveniles, while they were in fitting rooms or in other parts of area stores. Some of the surreptitious recordings captured women and minors in various stages of undress. Officers received search warrants to search Rivera’s Bismarck apartment, his vehicle parked at the federal courthouse in Bismarck, and his person, and to particularly look at any digital or computer media found at those locations. At his apartment, officers seized a computer that was password protected. Rivera was arrested on state charges related to the surreptitious recording of the adult and juvenile females, which are separately pending in district court in the State of North Dakota, County of Burleigh.
Officers searched Rivera’s computer, and found downloaded videos and images, including 36 or more pictures of child pornography and 52 or more videos of child pornography. A review of some of the downloaded videos, as a brief sample, included the sexual abuse of children, including children in the age range of 6 to 11. About 52 child pornography files, including mostly videos, were found in a user directory for "Michael" on Rivera’s computer.
Officers’ searches of the computer also revealed artifacts in bookmarks, cache records, web history, and web visits. Some of those internet artifacts are commonly associated with child pornography and voyeur search artifacts. Internet access logs on the computer indicate some of the materials were received and accessed by Rivera between April 2016 and June 2016, in the District of North Dakota. The internet was used by Rivera to access visual depictions of minors engaging in sexually explicit conduct.
The investigation was conducted by the Department of Homeland Security Homeland Security Investigations, the Bismarck Police Department, and the North Dakota Crime Bureau’s Internet Crimes Against Children Task Force. Assistant U.S. Attorney Tim Maher is prosecuting the case on behalf of the U.S. Attorney General and U.S. Attorney Randolph J. Seiler.
Based upon the request of the parties, Rivera was remanded to the custody of North Dakota state authorities, pending his January 30, 2017 jury trial on state charges. The federal sentencing date has been set for April 18, 2017.
Rapid City Man Found Guilty of Seven Counts of Mail Embezzlement and TheftRead the Press Release
United States Attorney Randolph J. Seiler announced that Daniel Newman, age 24, of Rapid City, South Dakota, was found guilty of 7 counts of Mail Embezzlement and Theft as a result of a federal trial in Rapid City, South Dakota.
The charges carry a maximum penalty of 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund for each count.
The conviction stems from Newman, while employed by the United States Postal Service, embezzling and stealing mail that contained U.S. currency, gift cards, and other items of value, between January 21, 2015, and March 5, 2015, in Rapid City.
This case was investigated by the United States Postal Service. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
A sentencing date will be set. Newman will remain on bond pending sentencing.
Mission Men and Parmelee Woman Charged with Drug Related CrimesRead the Press Release
United States Attorney Randolph J. Seiler announced that two men from Mission, South Dakota, and a woman from Parmelee, South Dakota, have been indicted by a federal grand jury for Conspiracy to Manufacture and Distribute a Controlled Substance, Possession with Intent to Manufacture and Distribute a Controlled Substance, Distribution of a Controlled Substance, and Possession of a Controlled Substance.
Meddore Maurice Douville, age 45, Jeremy Joseph Douville, age 21, and Teeana Shannon Two Eagle, 24, were indicted on December 20, 2016. They appeared before U.S. Magistrate Court Judge Mark A. Moreno on December 30, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 5 years in custody and/or a $250,000 fine, three years of supervised release, forfeiture of U.S. currency seized by law enforcement, and $500 to the Federal Crime Victims Fund. Restitution may also be ordered.
It is alleged that between December 5, 2016, and December 14, 2016, Meddore Douville, Jeremy Douville, and Two Eagle conspired to manufacture and distribute over 46 pounds of marijuana in the District of South Dakota. It is further alleged that on December 5 and 6, 2016, Meddore Douville, Jeremy Douville, and Two Eagle possessed marijuana with the intent to distribute it, and on December 5, 2016, the three actually distributed marijuana.
The charges are merely an accusation and the three defendants are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud 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.
All three defendants are in custody pending trial, which is set for March 7, 2017.
Mission Man Charged with Conspiracy to Distribute MethRead 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 Conspiracy to Distribute a Controlled Substance and Possession with Intent to Distribute a Controlled Substance.
Adam Dean Stoneman, age 27, was indicted on December 14, 2016. He appeared before U.S. Magistrate Court Judge Mark A. Moreno on January 5, 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, $200 to the Federal Crime Victims Fund, and forfeiture of U.S. currency seized by law enforcement. Restitution may also be ordered.
It is alleged that between July 1, 2014, and December 14, 2016, Stoneman conspired to distribute methamphetamine in the District of South Dakota. It is further alleged that on August 17, 2016, in Todd County, Stoneman possessed methamphetamine with the intent to distribute it.
The charges are merely accusations and Stoneman is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud 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.
Stoneman is in custody pending trial. Trial is set for March 7, 2017.
Mission 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 Mission, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, Opposing, and Impeding a Federal Officer, and Domestic Assault by an Habitual Offender.
Quentin Provancial, II, age 31, was indicted on December 13, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 29, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction of Assault of a Federal Officer is up to 8 years in custody and/or a $250,000 fine, and 3 years of supervised release. The maximum penalty upon conviction of Domestic Assault by an Habitual Offender is up to 5 years in custody and/or a $250,000 fine, and 3 years of supervised release. A special assessment of $100 to the Federal Crime Victims Fund applies to each charge. Restitution may also be ordered.
The Indictment alleges that on October 15, 2016, Provancial did forcibly assault, resist, oppose, impede, intimidate, and interfere with a law enforcement officer from the Rosebud Sioux Tribe while he was engaged in the performance of his official duties. On that same day, Provancial did unlawfully commit a domestic assault upon an intimate partner, when at the time of the assault he had two final convictions for domestic abuse.
The charges are merely accusations and Provancial 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 Carrie G. Sanderson is prosecuting the case.
Provancial was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for March 7, 2017.
McLaughlin Man Sentenced for Tampering with a WitnessRead the Press Release
United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man convicted of Tampering with a Witness, Victim, or an Informant was sentenced on January 5, 2017, by U.S. District Judge Charles B. Kornamnn.
Todd Stands Alone, f/k/a Todd Brave Crow, age 37, was sentenced to 36 months in custody, 1 year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Stands Alone was indicted by a federal grand jury on February 11, 2015. He pled guilty on July 18, 2016.
The conviction stems from an incident on the evening of January 23, 2015, when the juvenile victim reported to her family that she had been beaten up by an adult family member while she was babysitting. Upon relaying these events to her family, the victim was immediately told not to report this incident to anyone. Stands Alone told the victim on numerous occasions not to speak to anyone about the incident, harassing the victim to the point that she did not know who she could trust. Stands Alone also persuaded his mother and others in the family to pressure the victim into not speaking to authorities or contact anyone regarding the incident. This harassing behavior continued for multiple days.
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Stands Alone was immediately turned over to the custody of the U.S. Marshals Service.
McLaughlin Man Sentenced for Domestic Assault by an Habitual OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man convicted of Domestic Assault by an Habitual Offender was sentenced on January 5, 2017, by U.S. District Judge Charles B. Kornmann.
Jason Martinez, age 41, was sentenced to 120 months in custody, 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Martinez was indicted by a federal grand jury on January 21, 2016. A Superseding Indictment was filed on July 19, 2016. He pled guilty on August 15, 2016.
The conviction stems from an incident on December 8, 2016, when Martinez and his girlfriend, the victim, were socializing with several friends at a residence in McLaughlin.
Following an argument, the victim returned to her residence and went down to the basement to gather her belongings. As she was in the basement gathering her things, the victim heard a noise behind her and when she turned and looked, she saw Martinez standing there. Martinez made a disparaging remark to the victim and he started to hit her repeatedly. He hit her all about her head, face, and legs. In addition, Martinez repeatedly threw her down to the ground and struck her repeatedly in the back.
The victim tried to remain curled up in a ball in the corner to avoid further injury, however, Martinez grabbed her, tearing a portion of the victim’s clothes. Martinez continued to strike her about the head, and as a result there was so much blood coming down her face that she was having a hard time seeing. Martinez would not stop hitting her.
As a result of the assault, the victim sustained multiple cuts, bruises, scrapes, and abrasions. The lacerations to her scalp were so deep that her skull was visible through the wound site. The victim needed stitches to close the wound from the various lacerations she had sustained.
This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Martinez was immediately turned over to the custody of the U.S. Marshals Service.
Lower Brule Man Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, man charged with Assaulting, Resisting, and Impeding a Federal officer pled guilty to, and was sentenced, on January 4, 2017, by U.S. Magistrate Judge Mark A. Moreno.
Johnny Walking Bull, age 32, was sentenced to 10 months in custody, 12 months of supervised release, and $25 to the Federal Crime Victims Fund.
The conviction stems from an incident that took place on March 19, 2016, when an officer with the Bureau of Indian Affairs received a call regarding an assault that was reported to be taking place at a residence in Lower Brule. While in route, the officer was informed that Walking Bull had left their residence wearing a light blue jacket and blue jeans, and that he had gotten into a blue Dodge Durango heading towards Fort Thompson.
The officer went towards Fort Thompson and observed a blue Dodge Durango coming his way. As the car came closer, the officer observed two males in the car, one of whom was wearing a light blue jacket. He turned his patrol unit around, initiated a stop, made contact with the driver of the Durango and asked him if Walking Bull was with him, to which the driver responded that he was sitting in the passenger seat. The officer asked Walking Bull to step outside the vehicle so he could speak with him, to which Walking Bull used profane language, and refused to follow the officer’s requests. Walking Bull then exited the vehicle, removed his jacket, assumed a fighting stance towards the officer, and clenched his fists.
Walking Bull then lowered his head and started swinging his fists at the officer, missing him. The officer moved into close quarters and both of them ended up wrestling on the ground, with Walking Bull throwing punches at the officer and striking him on the cheek. While on the ground, Walking Bull continued to resist and tried multiple times to get up from the ground. Walking Bull was taken into custody and transported to jail.
The investigation was conducted by the Bureau of Indian Affairs, Lower Brule Agency. The case was prosecuted by Assistant U.S. Attorney Meghan N. Dilges.
Walking Bull is allowed to self-report on January 20, 2017.
Little Eagle Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Little Eagle, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on January 4, 2017, by U.S. District Judge Charles B. Kornmann.
Kimo Little Bird, age 35, was sentenced to 27 months in custody, 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Little Bird was indicted by a federal grand jury on September 13, 2016. He pled guilty on October 31, 2016.
The conviction stems from Little Bird failing to register as a sex offender as required by federal law between June 16, 2016, and September 13, 2016. Little Bird had previously been convicted of a sex offense in federal court, which requires him to register as a sex offender for 25 years starting in 2006.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Little Bird was immediately turned over to the custody of the U.S. Marshals Service.
Kenel Man Sentenced for Conspiracy to Distribute a Controlled SubstanceRead the Press Release
United States Attorney Randolph J. Seiler announced that a Kenel, South Dakota, man charged with Conspiracy to Distribute a Controlled Substance was sentenced on January 4, 2017, by U.S. District Judge Charles B. Kornmann.
Kass Gayton, age 32, was sentenced to 3 years of probation, a $1,000 fine, and $100 to the Federal Crime Victims Fund.
Gayton was indicted by a federal grand jury on December 8, 2015. He pled guilty on October 31, 2016.
The conviction stems from an incident that took place on July 22, 2015, when the Bureau of Indian Affairs law enforcement, acting on a tip from Prairie Knights Casino security, began an investigation into four individuals who were reported to have been selling methamphetamine. Security directed law enforcement’s attention to two vehicles the individuals had been using. A drug dog was used around the outside of the vehicles and “indicated” on both vehicles. Law enforcement applied for, and obtained, federal search warrants for the two vehicles and found methamphetamine.
Gayton had been selling small amounts of methamphetamine on the Standing Rock Reservation.
The investigation was conducted by the Bureau of Indian Affairs, Standing Rock Agency. The case was prosecuted by Assistant U.S. Attorney Troy R. Morley.
Agency Village Man Sentenced for Abusive Sexual Contact with a Person Incapable of ConsentRead the Press Release
United States Attorney Randolph J. Seiler announced that an Agency Village, South Dakota, man convicted of Abusive Sexual Contact with a Person Incapable of Consent was sentenced on January 5, 2017, by U.S. District Judge Charles B. Kornmann.
Harvey Renville, age 63, was sentenced to 72 months in custody, 10 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Renville was indicted by a federal grand jury on March 15, 2016. He pled guilty on December 13, 2016 to a Superseding Information.
The conviction stemmed from incidents beginning in May of 2012, and continuing through December 31, 2012. The victim became acquainted with Renville when he began to care for her family’s horses, and the victim started spending considerable time at his residence.
It was during this time period that the abusive sexual contact occurred. Renville admitted that during one of the times the victim was at his residence, he had direct contact with the victim’s genitalia with his finger and his hand. At the time of the sexual contact, the victim was unable to consent. Renville had been previously convicted of a sex offense, which required him to register as a sex offender.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Renville was immediately turned over to the custody of the U.S. Marshals Service.
Watertown Woman Pleads Guilty to FraudRead the Press Release
United States Attorney Randolph J. Seiler announced that Michele Ann Palm, age 51, of Watertown, South Dakota, appeared before the Honorable Charles B. Kornmann, U.S. District Judge, on January 6, 2017, and pled guilty to an Indictment that charged her with wire fraud.
The maximum penalty upon conviction is 20 years in prison and/or a $250,000 fine, plus restitution.
Palm was appointed to serve as guardian and conservator for a woman she had known for several years. Beginning in March 2008, Palm wrote checks to herself and made ATM cash withdrawals from the victim’s account, and used the funds for her own purposes rather than for the benefit of the protected person. Because some of the transactions involved interstate electronic wire transmissions, Palm’s theft is a federal offense.
The investigation was conducted by the Watertown Police Department and the U.S. Secret Service. The case is being prosecuted by Assistant U.S. Attorney Ann M. Hoffman.
A presentence investigation was ordered and a sentencing date was set for May 30, 2017. Palm was released pending sentencing.
St. Francis Man and Rosebud Woman Charged with KidnappingRead the Press Release
United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man and a Rosebud, South Dakota, woman have been indicted by a federal grand jury for Kidnapping.
Benjamin Young, age 35, and Stefanie Long, age 27, were indicted on December 13, 2016. Both have appeared before U.S. Magistrate Judge Mark A. Moreno 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 $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about September 10, 2016, Young and Long kidnapped and held a woman near St. Francis, for the purpose of assaulting her.
The charge is merely an accusation and Young and Long are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Long was released on bond, and Young was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been scheduled for March 7, 2017.
Mission Woman Charged with Assaulting a Federal OfficerRead 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 Assaulting, Resisting, and Impeding a Federal Officer.
Heather DuBray, age 45, was indicted on December 13, 2016. She appeared before U.S. Magistrate Judge Mark A. Moreno on January 6, 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 November 7, 2016, DuBray did forcibly assault, resist, oppose, impede, intimidate, and interfere with two corrections officers from the Rosebud Sioux Tribe while they were engaged in the performance of their official duties.
The charge is merely an accusation and DuBray 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.
DuBray was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Dupree Man Sentenced for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Dupree, South Dakota, man convicted of Assault by Striking, Beating, and Wounding was sentenced on January 4, 2017, by U.S. Magistrate Judge Mark A. Moreno.
Kelly Gene Clown, age 41, was sentenced to 6 months in custody, 1 year of supervised release, and a $25 special assessment to the Federal Crime Victims Fund.
Clown was indicted by a federal grand jury on March 15, 2016, for Assault With a Dangerous Weapon. He pled guilty to Assault by Striking, Beating, and Wounding on October 4, 2016.
The conviction stemmed from an incident that took place near Thunder Butte on May 23, 2015, when Clown assaulted the victim by hitting and kicking him in the face.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Clown was ordered to self-report to the U.S. Marshals Service by January 20, 2017, to begin serving his sentence.
Kyle Man Indicted for Child AbuseRead 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 Felony Child Abuse and Neglect.
Matthew Harold Iron, Sr., 32, was indicted on December 20, 2016, and appeared before U.S. Magistrate Judge Daneta Wollmann on December 29, 2016. He pleaded not guilty to the charge.
The penalty upon conviction is up to 15 years of 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.
The charge relates to Iron exposing a child under the age of 7 to an environment constituting mistreatment, and threatening him with substantial harm near Kyle. The charge is merely an accusation and Iron is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Ben Patterson is prosecuting the case.
Iron was detained 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.
Lloyd Yankton, Jr., 36, was indicted on December 20, 2016, and appeared before U.S. Magistrate Judge Daneta Wollmann on December 30, 2016. He pleaded not guilty to the charge.
The penalty upon conviction is up to 10 years of 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.
The charge relates to Yankton assaulting a woman near Kyle with a wooden board during an argument, causing multiple injuries. The charge is merely an accusation and Yankton is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Ben Patterson is prosecuting the case.
Yankton was detained pending trial. A trial date has not been set.
Rapid City Man Indicted for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Darrell Chase In Winter, age 24, was indicted on December 20, 2016. Chase In Winter appeared before U.S. Magistrate Judge Daneta Wollmann on December 23, 2016, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Chase In Winter failing to register and update his registration as a convicted sex offender between May 14, 2016, and September 29, 2016.
The charge is merely an accusation and Chase In Winter is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Chase In Winter was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for February 28, 2017.
Pine Ridge Man Charged with MurderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man has been indicted by a federal grand jury for Second Degree Murder and Discharge of a Firearm During the Commission of a Crime of Violence.
Thomas Joseph Brewer, 26, was indicted on December 20, 2016, and appeared before U.S. Magistrate Judge Daneta Wollmann on December 28, 2016. He pleaded not guilty to the charges.
The maximum penalty upon conviction is life imprisonment, and/or a $250,000 fine, five years of supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Brewer shooting a man in the stomach after an argument, killing him. The charges are merely an accusation and Brewer is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, the Bureau of Indian Affairs Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Ben Patterson is prosecuting the case.
Brewer was detained pending trial. A trial date has not been set.
Okreek Man Charged with Sexual Abuse and Child AbuseRead the Press Release
United States Attorney Randolph J. Seiler announced that an Okreek, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse, Sexual Abuse of a Minor, and Child Abuse.
Marcos Lorenzo Bear Shield, age 21, was indicted on December 13, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 21, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction for Aggravated Sexual Abuse is life in custody and a lifetime of supervised release. The maximum penalty upon conviction for both Sexual Abuse of a Minor and Child Abuse is up to 15 years in custody and 3 years of supervised release. Each offense carries a maximum fine of $250,000 and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on August 4, 2015, Bear Shield knowingly engaged in and attempted to engage in a sexual act with a minor. The Indictment also alleges that on the same date Bear Shield abused, exposed, tortured, tormented, and cruelly punished the minor victim. The victim had attained the age of twelve years, but had not attained the age of sixteen years, and was at least four years younger than Bear Shield. The charges are merely accusations and Bear Shield is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation. Assistant U.S. Attorney Carrie Sanderson is prosecuting the case.
Bear Shield was temporarily remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Mission Woman Charged with Possession with Intent to Distribute MethamphetamineRead 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 Possession with Intent to Distribute a Controlled Substance.
Yolanda Prue, age 31, was indicted on December 14, 2016. She appeared before U.S. Magistrate Judge Mark A. Moreno on December 21, 2016, 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, at least 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on May 3, 2016, Prue knowingly and intentionally possessed with intent to distribute methamphetamine in South Dakota.
The charge is merely an accusation and Prue 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.
Prue was released on bond pending trial. A trial date has not been set.
Internet Crimes Against Children (ICAC) Unit Arrest Spearfish Man for Enticement of a MinorRead the Press Release
PIERRE, S.D - Attorney General Marty Jackley and United States Attorney Randolph J. Seiler announced today that the Division of Criminal Investigation, the South Dakota Internet Crimes Against Children Task Force, Spearfish Police Department, and Homeland Security Investigations have arrested Nicholaus Tripp, 28, Spearfish, South Dakota, on one count of Attempted Enticement of a Minor Using the Internet (18 USC 2422(b).
Tripp was arrested on a criminal complaint on December 23, 2016, and made his initial appearance before U.S. Magistrate Judge Daneta Wollmann on December 27, 2016. He pled not guilty to the charge.
The maximum penalty upon conviction is 10 years’ mandatory minimum imprisonment up to life.
The charge relates to Tripp utilizing the internet to attempt to engage in unlawful sexual acts with a minor.
The investigation is being conducted by the Division of Criminal Investigation, the South Dakota Internet Crimes Against Children Task Force, Pennington County Sheriff’s Office, Rapid City Police Department, Spearfish Police Department, and Homeland Security Investigations. Assistant U.S. Attorney Sarah Collins is prosecuting the case.
Tripp has been detained pending trial. A trial date has been set for February 28, 2017. The charge is merely an accusation and Tripp is presumed innocent until and unless proven guilty.
Eagle Butte Woman Indicted for Distribution of a Controlled SubstanceRead 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 Distribution of a Controlled Substance.
Ebony Hope Justyne Cook, age 20, was indicted on October 12, 2016. She appeared before U.S. Magistrate Judge Mark Moreno on December 13, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $1,000,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on three occasions, July 19, 20, and 22, 2016, in Eagle Butte, Cook knowingly and intentionally distributed methamphetamine, a Schedule II controlled substance.
The charges are merely an accusation and Cook is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Cook was released on bond pending trial. Trial is set for February 21, 2017.
Eagle Butte Man and Woman Charged with IncestRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man and woman have been indicted by a federal grand jury for Incest.
Daniel Mexican, age 43, and Santana Mexican, age 25, were indicted on December 14, 2016. They appeared before U.S. Magistrate Judge Mark A. Moreno on December 16, 2016, 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 November 20, 2016, Daniel Mexican and Santana Mexican knowingly engaged in consensual sex with each other, when they are within the degrees of consanguinity which would render a marriage void.
The charge is merely an accusation and Daniel Mexican and Santana Mexican are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Both Defendants were released on bond pending trial, which has been set for February 21, 2017.
Eagle Butte Man Charged with BurglaryRead 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 Third Degree Burglary.
Joseph Marshall, age 37, was indicted on December 14, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 20, 2016, 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 May 18, 2016, Marshall unlawfully broke into the Ranch House Café with the intent to commit the crime of larceny.
The charge is merely an accusation and Marshall 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.
Marshall was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Blunt Man Charged with Felon in Possession of a Firearm and AmmunitionRead the Press Release
United States Attorney Randolph J. Seiler announced that a Blunt, South Dakota, man has been indicted by a federal grand jury for two counts of Felon in Possession of a Firearm and Ammunition.
Robert Dwayne Spaid, age 60, was indicted on December 13, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 21, 2016, 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 or about October 27, 2016, Spaid, having previously been convicted of a felony, did knowingly possess a firearm. The Indictment further alleges that on or about November 23, 2016, Spaid knowingly possessed ammunition.
The charges are merely accusations and Spaid is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Hughes County Sheriff’s Office and the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Spaid was released on bond pending trial. A trial date has not been set.
Valentine, Nebraska Woman Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Valentine, Nebraska, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on December 12, 2016, by U.S. District Judge Roberto A. Lange.
Chelsey Sherri Little, a/k/a Chelsey Long Crow, age 22, was sentenced to 51 months in custody, 3 years of supervised release, a $500 fine, and a $100 special assessment to the Federal Crime Victims Fund.
Little was indicted by a federal grand jury on March 15, 2016. She pled guilty on September 27, 2016.
Between January of 2015 and March of 2016, Little and others conspired and agreed to knowingly and intentionally distribute methamphetamine, a Schedule II Controlled Substance, in South Dakota. Little received distributable quantities of methamphetamine from individuals who knew that she intended to engage in further distribution of the drug. Little also provided methamphetamine to others knowing that they intended to engage in further distribution of the methamphetamine within the District of South Dakota. It was reasonably foreseeable to Little that at least 350 grams of methamphetamine would be distributed during the course of the conspiracy.
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.
Little was immediately turned over to the custody of the U.S. Marshals Service.
Mission Woman Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on December 19, 2016, by U.S. District Judge Roberto A. Lange.
Sarah Jean Roblez, age 27, was sentenced to 46 months in custody, 3 years of supervised release, a $1,000 fine, and a $100 special assessment to the Federal Crime Victims Fund.
Roblez was indicted by a federal grand jury on March 15, 2016. She pled guilty on September 27, 2016.
Between January of 2015 and March of 2016, Roblez and others conspired and agreed to knowingly and intentionally distribute methamphetamine, a Schedule II Controlled Substance, in South Dakota. Roblez received distributable quantities of methamphetamine from other individuals who knew that she intended to engage in further distribution of the drug in South Dakota. Further, Roblez provided methamphetamine to others knowing that they intended to engage in further distribution of the methamphetamine within South Dakota. It was reasonably foreseeable to Roblez that at least 350 grams of methamphetamine would be distributed during the course of the conspiracy.
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.
Roblez 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 December 20, 2016, by U.S. District Judge Roberto A. Lange.
Norman Lee Ritter, age 49, was sentenced to 108 months in custody, 4 years of supervised release, a $1,000 fine, a mandatory special assessment to the Federal Crime Victims Fund in the amount of $100, and the forfeiture of firearms, ammunition, and $1,203 in U.S. currency seized by law enforcement on September 17, 2015.
Ritter was indicted by a federal grand jury on March 15, 2016. He pled guilty on October 4, 2016.
Between February of 2015, and March of 2016, Ritter conspired and agreed with other individuals to knowingly and intentionally distribute methamphetamine, a Schedule II Controlled Substance, in South Dakota. The conspiracy involved the distribution of between 1.5 and 5 kilograms of methamphetamine. Ritter received distributable quantities of methamphetamine from individuals who knew that he intended to engage in further distribution. Ritter then distributed that methamphetamine.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services, the Federal Bureau of Investigation, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Ritter was immediately turned over to the custody of the U.S. Marshals Service.
McLaughlin Man Sentenced for Assault by Striking, Beating, and WoundingRead the Press Release
United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man convicted of Assault by Striking, Beating, and Wounding was sentenced on December 20, 2016, by U.S. Magistrate Judge William D. Gerdes.
Sinjin Cameron, age 23, was sentenced to 180 days in custody, and a $25 special assessment to the Federal Crime Victims Fund.
Cameron was indicted by a federal grand jury on June 14, 2016. He pled guilty to a Superseding Information on September 19, 2016.
The conviction stemmed from an incident on May 27, 2016, when Cameron had an altercation with the victim. Though the altercation was mutual, Cameron gained the upper-hand and rendered the victim unconscious, and as the victim laid on the road, Cameron struck the victim on or about the head, causing minor injury to the victim.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Cameron was immediately turned over to the custody of the U.S. Marshals Service.
Kyle Shooting Under InvestigationRead the Press Release
United States Attorney Randolph J. Seiler announced that an investigation is underway after an officer-involved shooting on the Pine Ridge Indian Reservation.
On Tuesday evening, December 27, 2016, an officer with the Oglala Sioux Tribe Department of Public Safety was on patrol in Kyle, South Dakota, on the Pine Ridge Indian Reservation when he had contact with a male individual. The officer had a brief conversation with the man when, at some point during the encounter, the man drew a firearm on the officer. In turn, the officer drew his own firearm and fired at least three rounds, hitting the individual and resulting in his death.
Other officers arrived on scene to find the first officer rendering aid to the male individual. It was subsequently determined the male was in possession of two 9-millimeter caliber firearms, a quantity of methamphetamine, and 200-300 rounds of ammunition.
Following Oglala Sioux Tribe Department of Public Safety protocol, the Federal Bureau of Investigation (FBI) was immediately notified. FBI agents responded and began an investigation into the facts and circumstances of the shooting. That investigation is ongoing and an autopsy of the victim is scheduled to occur soon.
This matter remains under investigation by the FBI. Pending the results of the investigation, the officer has been placed on paid administrative departmental leave.
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 December 19, 2016, by U.S. District Judge Roberto A. Lange.
Robert Earlwin Lofton, Jr., a/k/a Robert Erwin Lofton, Jr., a/k/a Blue Lofton, age 35, was sentenced to 78 months in custody, 5 years of supervised release, a $1,000 fine, a $100 special assessment to the Federal Crime Victims Fund, and forfeiture of $250 in United States currency, two firearms and ammunition seized by law enforcement.
Lofton was indicted by a federal grand jury on April 13, 2016. He pled guilty on September 27, 2016.
Between March of 2014 and April of 2016, Lofton and others conspired and agreed to knowingly and intentionally distribute methamphetamine, a Schedule II Controlled Substance, in South Dakota. Lofton received distributable quantities of methamphetamine from individuals who knew that he intended to engage in further distribution of the methamphetamine. Lofton also provided methamphetamine to others knowing that they intended to engage in further distribution of the methamphetamine within the District of South Dakota. Lofton agreed that at least 350 grams of methamphetamine was distributed during the course of the conspiracy.
On October 20, 2014, Lofton was arrested at the Cheyenne River Motel in Eagle Butte, with marijuana, drug paraphernalia, $250, and a pistol firearm and ammunition in his possession. On April 21, 2016, Lofton was arrested on the federal charges, at his residence in Eagle Butte. During the execution of a search warrant, law enforcement found methamphetamine in the residence, as well as a pistol firearm and ammunition in a vehicle parked in the driveway. All of the above items were seized by law enforcement.
This case was investigated by the Federal Bureau of Investigation, the Cheyenne River Sioux Tribe Law Enforcement Services, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Lofton was immediately turned over to the custody of the U.S. Marshals Service.
Dupree Man Sentenced for Distribution of MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Dupree, South Dakota, man convicted of Distribution of a Controlled Substance was sentenced on December 19, 2016, by U.S. District Judge Roberto A. Lange.
Ptan Clown, a/k/a P’tan Hoksila Clown, age 36, was sentenced to 8 months in custody, 3 years of supervised release, a $1,000 fine, and a $100 special assessment to the Federal Crime Victims Fund.
Clown was indicted by a federal grand jury on July 19, 2016. He pled guilty on October 4, 2016.
Between May 29, 2016 and June 8, 2016, Clown knowingly and intentionally distributed various amounts of methamphetamine for varying amounts of cash on three separate occasions. Methamphetamine is a Schedule II Controlled Substance.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Clown was immediately turned over to the custody of the U.S. Marshals Service.
Nevada Man Charged with Possession with Intent to Distribute a Controlled Substance and Child AbuseRead the Press Release
United States Attorney Randolph J. Seiler announced that a Wadsworth, Nevada, man has been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance and Child Abuse.
Wakan Waci Blindman, age 36, was indicted on November 9, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 20, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $500,000 fine, 5 years of supervised release, and $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on September 10, 2016, Blindman knowingly and intentionally possessed with intent to distribute marihuana, a Schedule I controlled substance. He also had his one-year-old son in his vehicle while engaging in the distribution of drugs.
The charges are merely accusations and Blindman 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.
Blindman was released on bond pending trial. A trial date has not been set.
Mitchell Man Charged with Kidnapping, Assaulting, Resisting, and Impeding a Federal Officer, and Assault with a Dangerous WeaponRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mitchell, South Dakota, man has been indicted by a federal grand jury for Kidnapping, Assaulting, Resisting, and Impeding a Federal Officer, and Assault with a Dangerous Weapon.
Corey Johnson, age 30, was indicted on December 14, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 20, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $750,000 fine, 11 years of supervised release, and $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on November 2, 2016, Johnson knowingly and willfully kidnapped and assaulted a victim with a dangerous weapon. The indictment also alleges that Johnson forcibly assaulted, resisted, opposed, impeded, and interfered with two U.S. Marshals.
The charges are merely accusations and Johnson is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Meghan N. Dilges 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.