District of South Dakota
Press releases recorded for this federal judicial district.
Fort Thompson Man Charged with Failure to Register as a Sex OffenderRead 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 Failure to Register as a Sex Offender.
Kyle Marks, age 32, was indicted on November 9, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 14, 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, at least 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between September 1, 2016, and October 12, 2016, Marks failed to register and update his registration as a sex offender.
The charge is merely an accusation and Marks 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.
Marks was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Eagle Butte Man Indicted for Burglary and LarcenyRead 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 and Larceny.
Daniel LeBeau, age 30, was indicted on November 8, 2016. He appeared before U.S. Magistrate Judge Mark Moreno on November 11, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction for the Burglary is up to 10 years in custody, and is 5 years for the Larceny. Each offense carries a maximum fine of $250,000, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The indictment alleges that between June 2, 2016, and June 13, 2016, at Eagle Butte, LeBeau unlawfully entered or remained in an unoccupied structure and after doing so, took or carried away the personal property of another.
The charges are merely accusations and LeBeau 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.
LeBeau was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Two Winner Men Sentenced for Criminal TrespassRead the Press Release
United States Attorney Randolph J. Seiler announced that two Winner, South Dakota, men convicted of Criminal Trespass were sentenced on November 10, 2016, by U.S. Magistrate Judge Mark A. Moreno.
Jeremy Schroeder and Kirby Kartak, both age 37, were sentenced to jointly and severely pay the Rosebud Sioux Tribe $600 in restitution, to each pay a $300 fine, to write letters of apology to the Rosebud Sioux Tribe, and to pay a special assessment to the Federal Crime Victims Fund in the amount of $5.
Schroeder and Kartak were indicted by a federal grand jury on April 13, 2016. Both pled guilty at a joint plea and sentencing hearing on November 10, 2016.
The convictions stem from an incident that occurred on December 2, 2014. Schroeder and Kartak, non-Indians, drove heavy equipment into the Oyate Whacanku Spirit Camp located near Rosebud, South Dakota, and removed approximately 30 large hay bales which were being utilized to form a windbreak at the camp. Schroeder claimed to have an ownership interest in the hay, which was harvested on a separate tract of land owned by the tribe. Schroeder had previously leased the land on which the hay was harvested.
The Spirit Camp was established on land owned in trust by the Rosebud Sioux Tribe. The Spirit Camp was designed as a cultural and spiritual camp for activities associated with tribal opposition to the construction of the TransCanada Keystone XL Pipeline. Several tipis and a sweat lodge were erected at the camp and the camp was blessed by tribal spiritual leaders.
This case was investigated by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Criminal Chief Dennis R. Holmes prosecuted the case.
Texas Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a McAllen, Texas, man convicted of Failure to Register as a Sex Offender was sentenced on November 14, 2016, by U.S. District Judge Roberto A. Lange.
Dimas DeLeon, a/k/a Leo Castro, age 30, was sentenced to 23 months in custody, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
DeLeon was indicted by a federal grand jury on July 19, 2016. He pled guilty on August 29, 2016.
The conviction stemmed from an incident wherein DeLeon failed to register as a sex offender from May 1, 2016, to July 1, 2016. DeLeon had initially been convicted in federal court in Texas in 2009 of Sexual Assault of a Child and was sentenced to prison, as well as being required to register as a sex offender.
In May 2016, DeLeon moved from Texas to Pierre, South Dakota, where he resided with his brother and then girlfriend. According to the SD Division of Criminal Investigation Sex Offender Registry, DeLeon never registered either his address or his employment in the state of South Dakota. He also never notified the state of Texas that he was relocating to South Dakota.
The investigation was conducted by the U.S. Marshals Service. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
DeLeon was immediately turned over to the custody of the U.S. Marshals Service.
Pine Ridge Man Sentenced for Robbery while using a FirearmRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man convicted of Robbery and Use and Brandishing of a Firearm during the Commission of a Crime of Violence was sentenced on November 8, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Charles Colhoff, a/k/a Charles H. Goings, a/k/a Chuckie Colhoff, age 28, was sentenced to 7 years in custody, followed by 3 years of supervised release, and ordered to pay a $200 special assessment to the Federal Crime Victims Fund.
Colhoff pleaded guilty to the charges on July 22, 2016. The conviction stems from Colhoff and another individual using a firearm to rob two females of personal items in Pine Ridge on June 4, 2015.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Colhoff was turned over to the custody of the U.S. Marshals Service.
Nebraska Man Sentenced for Attempted Sex TraffickingRead the Press Release
United States Attorney Randolph J. Seiler announced that a Loup City, Nebraska, man convicted of Attempted Trafficking with Respect to Involuntary Servitude and Forced Labor was sentenced on November 10, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Marcus Lee Dorsey, age 36, was sentenced to 4 years of imprisonment, followed by 2 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Dorsey 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 Dorsey 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 Dorsey 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 $70.
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.
Dorsey was immediately turned over to the custody of the U.S. Marshal's Service.
Kenel Man Sentenced for Conspiracy to Distribute a Controlled Substance and Prohibited Person in Possession of a FirearmRead the Press Release
United States Attorney Randolph J. Seiler announced that a Kenel, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance and Prohibited Person in Possession of a Firearm was sentenced on November 10, 2016, by U.S. District Judge Charles B. Kornmann.
Kelly Moore, age 39, was sentenced to 92 months of custody, followed by 3 years of supervised release, a $1,000 fine, and a $200 special assessment to the Federal Crime Victims Fund. In addition, two firearms found in Moore’s possession at the time of his arrest were ordered forfeited.
Moore was indicted by a federal grand jury on December 8, 2015. He pled guilty to both charges on August 22, 2016.
The conviction stems from a search warrant that was executed on Moore’s residence by Bureau of Indian Affairs police on July 22, 2015. Found during the search of the residence were two firearms, ammunition, prescription pills, drug packaging material, scales, and drug paraphernalia. In addition, Moore had 5 small baggies in his pocket, 4 of which contained Methamphetamine. Moore was placed under arrest and subsequently admitted to being involved in a conspiracy to distribute Methamphetamine across the Standing Rock Indian Reservation. As part of the conspiracy, Moore admitted to selling approximately 350 grams of Methamphetamine.
This case was investigated by the Bureau of Indian Affairs-Office of Justice Services, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Moore was immediately remanded to the custody of the Bureau of Prisons to begin serving his sentence.
Wounded Knee Man Sentenced for Breaking into HomeRead the Press Release
United States Attorney Randolph J. Seiler announced that a Wounded Knee, South Dakota, man convicted of First Degree Burglary was sentenced on November 9, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Gary Rowland Jr., age 32, was sentenced to 18 months of imprisonment, followed by 2 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund and restitution in an amount to be determined.
Rowland pleaded guilty on August 5, 2016. The conviction stems from Rowland breaking into a residence and stealing a DVD player, DVDs, and a pair of headphones, and pouring gasoline in the entryway and starting the trailer on fire.
This case was investigated by the Bureau of Indian Affairs Office of Justice Services and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Ben Patterson prosecuted the case.
Rowland was immediately turned over to the custody of the U.S. Marshals Service.
Three Eagle Butte Residents Indicted for Forgery and LarcenyRead the Press Release
United States Attorney Randolph J. Seiler announced that three Eagle Butte, South Dakota, residents have been indicted by a federal grand jury for sixteen counts of Forgery and one count of Larceny.
Gillis Bear Stops, Jr., age 40, Chelsea White Eyes, a/k/a Chelsea Elk Eagle, age 40, and Daryl Eagle Horse, a/k/a Daryl Hawk Eagle, age 29, were indicted on October 12, 2016. They appeared before U.S. Magistrate Judge Mark Moreno 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 29, 2016, and August 27, 2016, in Eagle Butte, the three defendants falsely made, completed, altered, or passed a total of 16 checks, with an intent to defraud the victim. They received over $1,000.00 in cash.
The charges are merely an accusation and each of the three defendants 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.
Each of the three defendants were released on conditions pending trial. A trial has been scheduled for December 31, 2016.
Rapid City Man Sentenced for Illegally Possessing FirearmsRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Possession of Stolen Firearms was sentenced on November 8, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Michael Sullivan, age 29, was sentenced to 18 months of imprisonment, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund and $1336.00 in restitution.
Sullivan was charged on August 18, 2015, and pleaded guilty on August 5, 2016.
The conviction stems from Sullivan being in possession of a Ruger 9mm pistol and a KAHR .40 caliber pistol, that he knew were stolen from a local pawn shop.
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.
Sullivan was immediately turned over to the custody of the U.S. Marshals Service.
Pine Ridge Man Sentenced for Assaulting a WomanRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on November 8, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Leslie Gayle White Calf, age 33, was sentenced to 18 months of imprisonment, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
White Calf was charged on January 26, 2016, and pleaded guilty on July 22, 2016. The conviction stems from White Calf kicking a woman in the face and head several times, while wearing work-style boots at a home in Pine Ridge.
This case was investigated by the Bureau of Indian Affairs Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
White Calf was immediately turned over to the custody of the U.S. Marshals Service.
Pine Ridge Man Sentenced for Assaulting a WomanRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man convicted of Assault with a Dangerous Weapon and Assault by Strangulation and Suffocation was sentenced on November 9, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Tommy Blue Bird, age 28, was sentenced to 78 months of imprisonment, followed by 3 years of supervised release, and ordered to pay a $200 special assessment to the Federal Crime Victims Fund.
Blue Bird was charged on May 24, 2016, and pleaded guilty on August 5, 2016. The conviction stems from Blue Bird striking a woman with his fist and other objects, as well as strangling her over a period of four days.
This case was investigated by the Bureau of Indian Affairs Office of Justice Services and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Ben Patterson prosecuted the case.
Blue Bird was immediately turned over to the custody of the U.S. Marshals Service.
Mobridge Man Indicted for AssaultRead 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 Assault With a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, Assault Resulting in Substantial Injury to an Intimate Partner, and Domestic Assault by an Habitual Offender.
Tracy Peters, age 50, was indicted on November 8, 2016. He appeared before U.S. Magistrate Judge Mark Moreno on November 9, 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 November 3, 2016, Peters assaulted an intimate or dating partner with a dangerous weapon, and that said assault resulted in serious bodily injury to the victim. The Indictment further alleges that Peters has been convicted on at least two separate prior occasions for assaults against an intimate partner.
The charge is merely an accusation and Peters 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.
Peters was released from custody on conditions pending trial. A trial date has not been set.
Mission Man Sentenced for Involuntary ManslaughterRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Involuntary Manslaughter was sentenced on November 8, 2016, by U.S. District Judge Roberto A. Lange.
Donovan Dale Wright, age 49, was sentenced to 30 months in custody, followed by 3 years of supervised release, $1,524.25 in restitution, and a $100 special assessment to the Federal Crime Victims Fund. Additional restitution may apply.
Wright was indicted by a federal grand jury on February 17, 2016. He pled guilty on August 22, 2016.
The conviction stemmed from an incident that occurred in the early morning hours of January 30, 2016. Wright had been drinking in Rosebud the previous evening. At approximately 3:30 a.m., he was driving northbound on BIA Route 1 near Rosebud, South Dakota, on his way home to Mission, when he struck a pedestrian, Robin Heath Star Boy, who was walking along the highway. Star Boy died as a result of the collision. Wright immediately drove to the Rosebud Police Department, reported what had happened, and assisted a police officer in locating Star Boy’s body. At the time of the collision, Wright’s blood-alcohol content was at least .150%. The legal limit is .08%.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk W. Albertson prosecuted the case.
Wright was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Women Sentenced for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that two Eagle Butte, South Dakota, women convicted of Assault With a Dangerous Weapon and Assault Resulting in Serious Bodily Injury were sentenced on November 7, 2016, by U.S. District Judge Roberto A. Lange.
Lisa Lone Eagle, age 36, was sentenced to 63 months in custody. Kendra Belt a/k/a Kendra Counting, age 41, was sentenced to 37 months in custody. Both women will be on supervised release for a period of 3 years following their release from custody. Both were ordered to pay a special assessment of $100 to the Federal Crime Victims Fund. Restitution was left open for a period of 30 days.
Lone Eagle and Belt were indicted by a federal grand jury on September 15, 2015, for Assault With Intent to Commit Murder, Assault With a Dangerous Weapon, and Assault Resulting in Serious Bodily Injury. Lone Eagle pled guilty to Assault With a Dangerous Weapon on August 4, 2016. Belt pled guilty to Assault Resulting in Serious Bodily Injury on August 8, 2016.
Lone Eagle and Belt are half-sisters. Lone Eagle had lived at the victim’s residence for approximately a year and half. On the evening of September 5, 2015, Lone Eagle was drinking with the victim at his home. Lone Eagle left for a short time and returned with Belt. Other people were also at the residence. After Lone Eagle returned, she became angry with the victim. Lone Eagle pulled down shelves in the living room. Lone Eagle then punched the victim at least eight (8) times. Belt joined Lone Eagle in hitting the victim.
The victim ended up on the floor of the living room. Lone Eagle was wearing cowboy boots and kicked and stomped the victim in the head, face, neck, and upper torso multiple times. Lone Eagle also hit the victim with the head of a sledgehammer. Belt also kicked the victim while he was down on the floor, and attempted to strangle the victim. At some point, the victim lost consciousness.
At that point, the two women thought the victim was dead. They attempted to hide the victim’s body in the crawlspace of the residence, but were unable to do so. At that point they put a blanket over the victim, poured kerosene on the blanket, and attempted to light the blanket on fire. They were unsuccessful in setting the blanket on fire.
The victim regained consciousness, got up, and went and laid down. Lone Eagle went to where the victim was lying, and hit him five or six more times. The victim was eventually able to get up and escape the residence. He collapsed nearby where he was discovered by a neighbor.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case. Lone Eagle and Belt were immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Women Sentenced for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that two Eagle Butte, South Dakota, women convicted of Assault With a Dangerous Weapon and Assault Resulting in Serious Bodily Injury were sentenced on November 7, 2016, by U.S. District Judge Roberto A. Lange.
Lisa Lone Eagle, age 36, was sentenced to 63 months in custody. Kendra Belt a/k/a Kendra Counting, age 41, was sentenced to 37 months in custody. Both women will be on supervised release for a period of 3 years following their release from custody. Both were ordered to pay a special assessment of $100 to the Federal Crime Victims Fund. Restitution was left open for a period of 30 days.
Lone Eagle and Belt were indicted by a federal grand jury on September 15, 2015, for Assault With Intent to Commit Murder, Assault With a Dangerous Weapon, and Assault Resulting in Serious Bodily Injury. Lone Eagle pled guilty to Assault With a Dangerous Weapon on August 4, 2016. Belt pled guilty to Assault Resulting in Serious Bodily Injury on August 8, 2016.
Lone Eagle and Belt are half-sisters. Lone Eagle had lived at the victim’s residence for approximately a year and half. On the evening of September 5, 2015, Lone Eagle was drinking with the victim at his home. Lone Eagle left for a short time and returned with Belt. Other people were also at the residence. After Lone Eagle returned, she became angry with the victim. Lone Eagle pulled down shelves in the living room. Lone Eagle then punched the victim at least eight (8) times. Belt joined Lone Eagle in hitting the victim.
The victim ended up on the floor of the living room. Lone Eagle was wearing cowboy boots and kicked and stomped the victim in the head, face, neck, and upper torso multiple times. Lone Eagle also hit the victim with the head of a sledgehammer. Belt also kicked the victim while he was down on the floor, and attempted to strangle the victim. At some point, the victim lost consciousness.
At that point, the two women thought the victim was dead. They attempted to hide the victim’s body in the crawlspace of the residence, but were unable to do so. At that point they put a blanket over the victim, poured kerosene on the blanket, and attempted to light the blanket on fire. They were unsuccessful in setting the blanket on fire.
The victim regained consciousness, got up, and went and laid down. Lone Eagle went to where the victim was lying, and hit him five or six more times. The victim was eventually able to get up and escape the residence. He collapsed nearby where he was discovered by a neighbor.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case. Lone Eagle and Belt were immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Woman Indicted for Failure to AppearRead 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 Failure to Appear.
Daryl Eagle Horse, a/k/a Daryl Hawk Eagle, age 29, was indicted on November 8, 2016. She appeared before U.S. Magistrate Judge Mark Moreno on November 9, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 2 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 term of imprisonment imposed for the Failure to be Appear charge must be consecutive to the sentence of imprisonment for the criminal offense for which she failed to appear in court.
The Indictment alleges that between November 1, 2016, and November 2, 2016, Eagle Horse, after having been released from custody on charges of Forgery and Larceny, failed to appear in Federal District Court for further court proceedings as required.
The charge is merely an accusation and Eagle Horse is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Eagle Horse was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Eagle Butte Man Sentenced for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Assault Resulting in Substantial Bodily Injury to an Intimate Partner was sentenced on November 7, 2016, by U.S. District Judge Roberto A. Lange.
Emmanuel Gomez, a/k/a Manny Gomez, age 29, was sentenced to 27 months in custody, followed by 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Gomez was indicted by a federal grand jury on February 17, 2016, for Assault Resulting in Substantial Bodily Injury to an Intimate Partner. Gomez pled guilty to the Indictment on August 30, 2016.
Gomez and the victim had been in a relationship for about six years, and have a daughter together. They all lived together in the Swiftbird Community on the Cheyenne River Sioux Tribe Reservation.
On November 22, 2015, Gomez was consuming alcohol at Bob's Steakhouse. The victim was at home. Gomez came home around 7:30 p.m. very intoxicated. He immediately began to argue with the victim and called her names. The victim kept quiet, hoping not to provoke Gomez. Gomez got up from the couch, went at the victim and grabbed her by her hair. Gomez hit the victim repeatedly in the face with his fist. The victim fell back onto the couch. Gomez fell down on the floor in front of her, and tried to get up and come back towards the victim.
At that point, she began fighting back and started hitting Gomez. Gomez bit the victim on the upper right thigh. The victim yelled at Gomez in an attempt to get him to stop biting her. When that did not work, the victim started hitting him in the face until he stopped biting her.
The victim pushed Gomez back and was able to get off the couch. Gomez got up at the same time he victim did, continued to hit her on the arms, and bit her right arm. The victim shoved Gomez back, causing him to fall backwards. She was able to get away at that point and ran out of the house without shoes or a coat. She then went to a nearby friend's house.
The victim sustained two nasal fractures during the assault which required surgery. The victim also had bruises and swelling to the left eye as well as to the bridge of her nose. Her forehead, arms, left hip area, and right foot were bruised, and she had a large bruise and bite mark to her inner right thigh.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case. Gomez was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte man, convicted of Assault By Strangulation and Suffocation, was sentenced on November 7, 2016, by U.S. District Judge Roberto A. Lange.
Ronnie Antelope, Sr., a/k/a Ronald Noisy Hawk, Sr., age 55, was sentenced to 30 months in custody, followed by 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Antelope was also ordered to pay $1,995.00 in restitution to the victim for lost wages as a result of the assault.
Antelope was indicted by a federal grand jury on May 17, 2016, for Assault Resulting in Serious Bodily Injury, and Assault By Strangulation and Suffocation. Antelope pled guilty to Assault By Strangulation and Suffocation on August 15, 2016.
Antelope and the victim were in a relationship, and began living together in early 2016.
On April 17, 2016, Antelope drove to the victim’s place of employment. Antelope was intoxicated and began accusing the victim of being with other men. Antelope also began creating an issue with others who were present and the police were called. When law enforcement arrived, Antelope became argumentative with the officer and was arrested. After Antelope was taken into custody, his vehicle was turned over to the victim.
The next afternoon, the victim went to drop Antelope’s vehicle off at the jail on her way to work, thinking that Antelope would still be in custody. However, Antelope had already been released from custody by the time she arrived. Antelope drove the victim to where she worked.
When they got to the victim’s work, Antelope refused to let her out of the vehicle. He accused her of being with other men she worked with and then drove away with her still in the car. They went to various places throughout the day, and whenever the victim would get out of the vehicle, Antelope would go with her. During the day, Antelope began consuming alcohol, and continued to accuse the victim of being interested in other men.
When they returned home and the victim was getting out of the car, Antelope reached over from the driver's side, grabbed the door, and pulled it shut on the victim’s lower left leg. Antelope grabbed the victim by the throat and squeezed. The victim had trouble breathing, began crying, and begged Antelope to stop. The victim nearly passed out.
The next thing the victim remembered was running away from the car. Antelope pursued her, caught her, and threw her to the ground. The victim landed on her left hand or arm. Antelope then grabbed the victim by her hair and dragged her back toward their residence. She continued to struggle in an effort to get away.
At that point, a neighbor exited their residence, told Antelope to stop, and said that she had called the police. Antelope let go of the victim and went inside the house. The victim was taken inside the neighbor’s home to wait for the police to arrive.
The victim sustained fractures to her right jaw bone and lower left arm. There were visible scratches on her neck and an injury to her leg. She also had bruises on her left cheek and right forearm.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Antelope Sr. was immediately turned over to the custody of the U.S. Marshals Service.
A Mitchell Man Charged with Assaulting a Federal OfficerRead 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 Assaulting, Resisting and Impeding a Federal Officer.
Corey Johnson, age 30, was indicted on October 14, 2015. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 4, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 8 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on September 13, 2015, Johnson did forcibly assault, resist, impose, impede, intimidate and interfere with a Bureau of Indian Affairs Officer by the use of physical contact.
The charge is merely an accusation and Johnson is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Johnson was detained in U.S. Marshal custody pending trial. A trial date has not been set.
Wounded Knee Man Sentenced for Abusive Sexual ContactRead the Press Release
United States Attorney Randolph J. Seiler announced that a Wounded Knee, South Dakota, man convicted of Abusive Sexual Contact was sentenced on October 26, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Kelly Tyrell Bell, age 27, was sentenced to 6 months’ custody, 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Bell pleaded guilty to the charge on May 20, 2016. The conviction stems from Bell having sexual contact with another male, who was incapable of declining participation in the sexual contact, in the Kyle jail on January 22, 2016.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, Federal Bureau of Investigation, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Bell was immediately returned to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced in Methamphetamine CaseRead the Press Release
United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man convicted of Possession With Intent to Distribute Methamphetamine was sentenced on October 31, 2016, by U.S. District Judge Karen E. Schreier.
James Joseph Thompson, age 37, was sentenced to 150 months in custody, to be followed by 3 years of supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund.
Thompson was indicted by a federal grand jury for possession with intent to distribute a controlled substance on May 10, 2016. He was found guilty on August 10, 2016, after a two-day jury trial.
On August 26, 2015, a search warrant was executed at Thompson’s residence in Sioux Falls. Law enforcement located approximately 19 grams of methamphetamine, drug dealing paraphernalia, and over $26,000 in cash. During the execution of this warrant, law enforcement learned that Thompson had rented a storage unit in Luverne, Minnesota. A search warrant was obtained for that storage unit and on August 27, 2015, law enforcement executed the warrant and located approximately 116 grams of methamphetamine and over $36,000 in cash.
Administration. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
Thompson 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 October 26, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Lavern E. Looking Cloud, age 33, was sentenced to time served in custody, 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Looking Cloud pleaded guilty to the charge on July 15, 2016.
The charge related to Looking Cloud failing to register as a convicted sex offender between April 25, 2014, and June 16, 2015.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Rapid City Man Sentenced for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man convicted of Assault by Striking, Beating, or Wounding was sentenced on October 28, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Rudolph Twiss, a/k/a Rudy Twiss, age 19, was sentenced to time served in custody, 1 year of supervised release, and ordered to pay a $25 special assessment to the Federal Crime Victims Fund.
Twiss pleaded guilty to the charge on July 1, 2016.
The charge related to Twiss stabbing the male victim in the neck with a knife on September 13, 2015, at Pine Ridge. The victim was transported to the hospital and received eight staples to his neck to close the wound.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Rapid City Man Indicted for Illegal Use of InternetRead 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 Receipt of Child Pornography and Possession of Child Pornography.
Charles Drust Jr., age 62, was indicted on October 18, 2016, and appeared before U.S. Magistrate Judge Daneta Wollmann on November 2, 2016. He pleaded not guilty to the Indictment.
The penalty upon conviction is a minimum of 5 years up to 20 years of 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 Drust using a computer to receive and possess images of child pornography. The charges are merely an accusation and Drust 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.
Drust was detained pending trial. A trial date has not been set.
Porcupine Man Sentenced for KidnappingRead the Press Release
United States Attorney Randolph J. Seiler announced that a Porcupine, South Dakota, man convicted of Kidnapping was sentenced on October 26, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Jesse Miller, age 29, was sentenced to 30 years’ custody, followed by 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Miller pleaded guilty to the charge on July 1, 2016. The conviction stems from Miller holding a middle-aged woman against her will in her home on April 6, 2016, near Porcupine. Miller then sexually assaulted the victim, using force against her by grabbing her, hitting and slapping her, dragging her from one room in her home to another while holding her throat, and pushing her down onto a bed. For a period of time Miller prevented her from leaving or moving about of her own free will. The victim was eventually able to run from the residence to a neighbor’s house for help after Miller passed out in her bed.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Miller was immediately returned to the custody of the U.S. Marshals Service.
Pine Ridge Man Sentenced for Second Degree MurderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man convicted of Second Degree Murder was sentenced on October 24, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Jerome Warrior, age 20, was sentenced to 14 years’ custody, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Warrior pleaded guilty to the charge on July 8, 2016. The charge related to Warrior and others striking the victim with a cinder block, kicking the victim in the head and face, beating the victim with a stick, and striking the victim in the back of his head with a machete on July 12, 2015. The cause of death was multiple blunt trauma to the head, including a skull fracture and hemorrhaging.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, and the Federal Bureau of Investigation. Assistant U.S. Attorneys Megan Poppen and Kathryn N. Rich prosecuted the case.
Warrior was immediately returned to the custody of the U.S. Marshals Service.
Eagle Butte Man Indicted for Distribution of a Controlled Substance and Possession of a Firearm by a Prohibited PersonRead 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 Distribution of a Controlled Substance and Possession of a Firearm by a Prohibited Person.
Smokey James Jandreau, age 39, was indicted on August 16, 2016. He appeared before U.S. Magistrate Judge Mark Moreno on November 2, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction for the distribution of controlled substances charge is up to 20 years in custody and/or a $1,000,000 fine, and up to life of supervised release. The maximum penalty upon conviction for the firearms charge is up to 10 years in custody and/or a $250,000 fine, and 3 years of supervised release. Both charges require a payment of $100 to the Federal Crime Victims Fund and restitution may be ordered.
The Indictment alleges that on July 2, 6, and 24, 2016, in the District of South Dakota, Jandreau knowingly and intentionally distributed a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance. The Indictment further alleges that on July 26, 2016, in Eagle Butte, Jandreau unlawfully received and possessed a firearm when he was prohibited from doing so because he was an unlawful user of and addicted to a controlled substance.
The charges are merely accusations and Jandreau 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.
Jandreau was remanded to the custody of the U.S. Marshals Service pending trial. Trial has been set for November 29, 2016.
Batesland Man Sentenced for Robbery While Using a FirearmRead the Press Release
United States Attorney Randolph J. Seiler announced that a Batesland, South Dakota, man convicted of Robbery and Use and Brandishing of a Firearm during the Commission of a Crime of Violence was sentenced on October 28, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Jeremy Crow, age 23, was sentenced to 7 years in custody, followed by 3 years of supervised release, and ordered to pay a $200 special assessment to the Federal Crime Victims Fund.
Crow pleaded guilty to the charges on July 15, 2016.
The conviction stems from Crow and another individual using a firearm to rob two females of personal items in Pine Ridge on June 4, 2015.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Crow was immediately turned over to the custody of the U.S. Marshals Service.
Arizona Woman Pleads Not Guilty to Possession of Unauthorized Access DevicesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Phoenix, Arizona, woman has been indicted by a federal grand jury for Possession of Fifteen or more Unauthorized Access Devices.
Lauren Montgomery, age 29, was indicted on March 22, 2016. Montgomery appeared before U.S. Magistrate Judge Daneta Wollmann on October 28, 2016, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Montgomery possessing 15 or more unauthorized and counterfeit access devices, that is, names, dates of birth, and social security numbers issued to other persons on March 9, 2015, near Belle Fourche.
The charge is merely an accusation and Montgomery is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Department of the Treasury, Internal Revenue Service. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Montgomery was released on bond pending trial.
Three Charged for Assaulting a Federal Officer and Accessory After the FactRead the Press Release
United States Attorney Randolph J. Seiler announced that three people have been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer, and for Accessory After the Fact.
Those indicted on October 12, 2016, were: Kevin White, age 28, of St. Francis, South Dakota; Frank Swalley, Jr., age 33, of Mission, South Dakota; and Delores Schweigman-Long, age 40, of St. Francis, South Dakota. All three appeared before U.S. Magistrate Judge Mark Moreno on October 19, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction of Assaulting, Resisting, and Impeding a Federal Officer 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. The maximum penalty upon conviction of Accessory After the Fact is up to 4 years in custody and/or a $120,000 fine, 1 year of supervised release, and $100 to the Federal Crime Victims Fund. Each Defendant may be ordered to pay restitution.
The Indictment alleges that on September 3, 2016, in St. Francis, White and Swalley did forcibly assault, resist, oppose, impede, intimidate, and interfere with an officer, and did aid and abet each other in the commission of the offense, while the officer was engaged in his official duties. The Indictment also alleges that on September 3, 2016, in St. Francis, Schweigman-Long knew that the offense of Assault of a Federal Officer occurred and she did receive, relieve, comfort and assisted Kevin White, in order to hinder and prevent White’s apprehension, trial, and punishment.
The charges are merely an accusation and White, Swalley, and Schweigman-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 Carrie G. Sanderson is prosecuting the case.
White, Swalley, and Schweigman-Long were released pending trial. Trial dates have not been set.
Rosebud Woman Sentenced for Assault with a Dangerous WeaponRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, woman convicted of Assault With a Dangerous Weapon was sentenced on October 24, 2016, by U.S. District Judge Roberto A. Lange.
Tianna Leaf Arellano, age 30, was sentenced to 25 months in custody, followed by 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Arellano was indicted for one count of Assault With a Dangerous Weapon, and one count of Assault Resulting in Serious Bodily Injury by a federal grand jury on February 17, 2016. She pled guilty to Assault With a Dangerous Weapon on August 3, 2016.
On the morning of December 26, 2015, Arellano and others were at the home of a family member south of Mission. Arellano got in an argument with a family member, the victim, and picked up a knife. She stabbed the victim in the abdomen several times causing multiple internal injuries, including a lacerated liver. The victim was taken to the hospital in Valentine, Nebraska, and then transported by Life Flight to Rapid City Regional Hospital in Rapid City, South Dakota, for further treatment.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk W. Albertson prosecuted the case.
Arellano was immediately turned over to the custody of the U.S. Marshals Service.
Promise Man Indicted for Distribution of a Controlled SubstanceRead the Press Release
United States Attorney Randolph J. Seiler announced that a Promise, South Dakota, man has been indicted by a federal grand jury for Distribution of a Controlled Substance.
Emmett Delaine Traversie, age 21, was indicted on October 12, 2016. He appeared before U.S. Magistrate Judge Veronica L. Duffy on October 26, 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that twice on July 9, 2016, and again on July 12, 2016, in Lantry, Dupree, and Eagle Butte, South Dakota, Traversie knowingly and intentionally distributed methamphetamine in violation of federal law.
The charges are merely an accusation and Traversie 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.
Traversie was released on a personal recognizance bond pending trial, which has been set for December 13, 2016.
Mission Man Charged with Burglary and Identity TheftRead 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 Burglary, Identity Theft, Larceny, and Forgery.
Bryan Raye Herman, age 51, was indicted on October 18, 2016. He appeared before U.S. Magistrate Judge Daneta Wollmann on October 24, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 15 years in custody and/or a $250,000 fine, 3 years of supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
It is alleged that between June 20, 2016, and July 20, 2016, Herman broke into the home of an acquaintance in Todd County, South Dakota, and stole multiple blank checks, which he subsequently cashed at various locations by forging the account holder’s signature.
The charges are merely accusations and Herman 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.
Herman was released on bond pending trial. A trial date has not been set.
Kyle Man Pleads Not Guilty to Abusive Sexual ContactRead the Press Release
United States Attorney Randolph J. Seiler announced that a Kyle, South Dakota, man has been indicted by a federal grand jury for two counts of Abusive Sexual Contact.
Darrell Janis, age 57, was indicted on October 18, 2016. Janis appeared before U.S. Magistrate Judge Daneta Wollmann on October 21, 2016, and pleaded 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 charges relate to Janis using force to have sexual contact with a child who had not attained the age of 12 years old, on December 11, 2015, at Kyle.
The charges are merely accusations and Janis is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Megan Poppen is prosecuting the case.
Janis was released on bond pending trial. A trial date has been set for December 27, 2016.
Fort Thompson Woman Indicted for LarcenyRead the Press Release
United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, woman has been indicted by a federal grand jury for Larceny.
Tally Colombe, age 41, was indicted on October 12, 2016. She appeared before U.S. Magistrate Judge Mark Moreno on October 18, 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 charge relates to Colombe stealing funds belonging to Hunkpati Investments. The charge is merely an accusation and Colombe is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigations and the United States Attorney’s Office. Assistant U.S. Attorney Carrie G. Sanderson is prosecuting the case.
Colombe was released pending trial. A trial date has been set for Tuesday, December 13, 2016.
Eagle Butte Man Sentenced for Mailing Threatening Communications and Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Mailing Threatening Communications and Failure to Register as a Sex Offender was sentenced on October 24, 2016, by U.S. District Judge Roberto A. Lange.
Gaylen Paul Sampson, a/k/a Thurman Paul Sampson, age 41, was sentenced to 30 months in custody on each of the two offenses, with the sentences to run concurrently with each other. Following his release from custody, Sampson will be on supervised release for 5 years on the Failure to Register as a Sex Offender conviction. A special assessment of $100 to the Federal Crime Victims Fund was imposed in each of the two cases.
Sampson was indicted by federal grand juries in March of 2016, for Mailing Threatening Communications and Failure to Register as a Sex Offender. He pled guilty to the charges in both indictments on August 8, 2016.
In 2003, Sampson was convicted of Aggravated Sexual Abuse of a Minor and sentenced to 151 months in custody. While in custody for that conviction, Sampson began writing letters to the adult daughter of a former employer. Over time, the letters became more concerning to the victim and more sexually explicit. While out on supervised release after serving his custody sentence, Sampson wrote a letter to the victim in October of 2015. The content of the letter prompted the Court to order Sampson not to enter onto the premises, travel past, or loiter near where the victim resides, and to have no correspondence, telephone contact, or communication with her through a third party. Three days later, Sampson addressed a letter to the victim’s brother, in which he indicated he planned to kill the victim.
As a result of Sampson’s conviction for Aggravated Sexual Abuse of a Minor, he is required to register as a sex offender for the rest of his life. In addition, he is required to update his registration within three business days of relocation or change in employment. On March 25, 2013, Sampson transitioned from Leavenworth, Kansas, to Community Alternatives of the Black Hills (CABH), Rapid City, South Dakota, to serve the remainder of his prison sentence. Sampson absconded from the facility and from supervision on April 10, 2013. Sampson self-surrendered to law enforcement on April 23, 2013. Sampson did not register his address during the 13 days he was on absconder status from CABH.
This case was investigated by the Federal Bureau of Investigation and the United States Marshals Service. Assistant U.S. Attorney Jay Miller prosecuted the cases.
Sampson was immediately turned over to the custody of the U.S. Marshals Service.
Canton Man Sentenced for Money LaunderingRead the Press Release
United States Attorney Randolph J. Seiler announced that a Canton, South Dakota, man convicted of money laundering was sentenced on October 24, 2016, by U.S. District Judge Karen E. Schreier.
Kenneth Hunsucker, age 51, was sentenced to 24 months in custody.
He was indicted on the charges of Interstate Transportation of Stolen Property, Wire Fraud, and Money Laundering by a federal grand jury on December 2, 2014. He pled guilty to Money Laundering on July 25, 2016.
Hunsucker opened “Canton PC Repair” in the spring of 2013. Two months later he began using the “Canton PC Repair” business name to sell stolen merchandise on eBay. Hunsucker paid individuals for items he knew were stolen and also provided them with a list of items he would like to purchase. Many of the items he sold were stolen from merchants in the Sioux Falls area. He then sold the stolen merchandise on eBay and collected the proceeds through four different PayPal accounts. In the 16 months from May 2013 until September 2014, Hunsucker received nearly $120,000 from the sale of stolen merchandise.
This case was investigated by the South Dakota Division of Criminal Investigation, Lincoln County Sheriff’s Office, Federal Bureau of Investigation, and the Internal Revenue Service. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Hunsucker will self-report to the custody of the U.S. Marshals Service at a later date.
United States Attorney Names District Election OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced today that Assistant U.S. Attorney (AUSA) Kevin Koliner will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 8, 2016, general elections. AUSA Koliner has been appointed to serve as the District Election Officer (DEO) for the District of South Dakota, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses, in consultation with Justice Department Headquarters in Washington.
“Every citizen must be able to vote without interference or discrimination and to have that vote counted. The Department of Justice will act promptly and aggressively to protect the integrity of the election process,” said U.S. Attorney Seiler.
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on November 8, 2016, and to ensure that such complaints are directed to the appropriate authorities, U.S. Attorney Seiler stated that AUSA/DEO Koliner will be on duty in this District while the polls are open. He can be reached by the public at the following telephone number: 605-357-2354.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at 605-334-6881.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, DC by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
“Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division,” added U.S. Attorney Seiler.
St. Francis Man Charged with Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Ennors Abraham Quick Bear, age 28, was indicted on October 12, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 19, 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, a mandatory minimum of 5 years up to life of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
On September 26, 2012, Quick Bear was convicted of Sexual Abuse of a Minor. As a result of his conviction, he is required to register as a sex offender. It is alleged that between August 12, 2016, and September 15, 2016, Quick Bear, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under Federal Law, failed to properly register as a sex offender.
The charge is merely an accusation and Quick Bear is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Quick Bear was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Sioux Falls Man Convicted on Three Firearms ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that Darren Kyle Stepp-Zafft, age 30, of Sioux Falls, South Dakota, was found guilty of three counts of Possession of Unregistered Firearms as a result of a federal jury trial in Sioux Falls.
The charges carry a maximum penalty of 10 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.
Zafft was indicted by a federal grand jury on May 10, 2016. Law enforcement officers searched Zafft’s Sioux Falls residence on December 10, 2015, looking for evidence of a firearm that discharged into an adjoining neighbor’s apartment. During the search, officers found the defendant to be in possession of two illegal firearm silencers, five illegal short rifles, and nine illegal destructive devices that could be readily assembled into grenades.
This case was investigated by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, the Sioux Falls Police Department, and the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
A presentence investigation was ordered. The defendant was remanded to the custody of the U.S. Marshals Service.
Rapid City Man Indicted for Escape from CustodyRead 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 Escape from Custody.
Kane Youngman, age 21, was indicted on August 23, 2016. Youngman appeared before U.S. Magistrate Judge Daneta Wollmann on October 12, 2016, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is 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 charge relates to Youngman escaping from the custody of the Bureau of Prisons at the Community Alternatives of the Black Hills, where he was in custody on August 1, 2016.
The charge is merely an accusation and Youngman 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.
Youngman was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for December 20, 2016.
Parmelee Man Indicted for Aggravated Sexual AbuseRead the Press Release
United States Attorney Randolph J. Seiler announced that a Parmalee, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse.
Harlan Two Eagle, age 33, was indicted on October 12, 2016. He appeared before U.S. Magistrate Judge Mark Moreno on October 20, 2016, 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. Upon conviction, unless the Sentencing Court finds Two Eagle to be indigent, an additional mandatory special assessment of $5,000 will be imposed. Restitution may also be ordered.
The indictment alleges that on December 22, 2015, in Mission, South Dakota, Two Eagle knowingly engaged in, and attempted to engage in, a sexual act with the victim by the use of force.
The charge is merely an accusation and Two Eagle is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Carrie G. Sanderson is prosecuting the case.
Two Eagle was released to a third party custodian pending trial. A trial date has not been set.
Ft. Thompson Man Charged with Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Randolph J. Seiler announced that a Ft. Thompson, South Dakota, man has been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury.
Conrad James Medicine Crow, age 44, was indicted on October 12, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 18, 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 August 16, 2016, Medicine Crow unlawfully assault the victim by running her over with his vehicle, and as a result the victim suffered serious bodily injury.
The charge is merely an accusation and Medicine Crow 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.
Medicine Crow was released on bond pending trial. A trial date has not been set.
Fort Thompson Woman Indicted for LarcenyRead the Press Release
United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, woman has been indicted by a federal grand jury for Larceny.
Tally Colombe, age 41, was indicted on October 12, 2016. She appeared before U.S. Magistrate Judge Mark Moreno on October 18, 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 charge relates to Colombe stealing funds belonging to Hunkpati Investments. The charge is merely an accusation and Colombe is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigations and the United States Attorney’s Office. Assistant U.S. Attorney Carrie G. Sanderson is prosecuting the case.
Colombe was released pending trial. A trial date has been set for Tuesday, December 13, 2016.
Waubay Man Charged with Misprision of a FelonyRead the Press Release
United States Attorney Randolph J. Seiler announced that a Waubay, South Dakota, man has been charged with the federal offense of Misprision of a Felony by an Indictment filed August 16, 2016.
Justin Grey, age 24, appeared before U.S. Magistrate Judge William D. Gerdes on October 13, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 3 years of 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 June 10, 2014, Grey failed to report a crime of which he had knowledge to the proper authorities. Grey and another are alleged to have witnessed an assault resulting in serious bodily injury, and failing to report or help seek aid for a victim who ultimately died of her injuries.
The charge is merely an accusation and Grey 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.
Grey was released pending trial, which has been set for December 20, 2016.
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South Dakota Woman Charged with First Degree Murder, Second Degree Murder, Assault Resulting in Serious Bodily Injury to a Child, and Child AbuseRead the Press Release
United States Attorney Randolph J. Seiler announced that a South Dakota, woman has been charged with the federal offenses of First Degree Murder, Second Degree Murder, Assault Resulting in Serious Bodily Injury to a Child, and Child Abuse by an Indictment filed October 18, 2016.
Desarae Makes Him First, age 25, appeared before U.S. Magistrate Judge William D. Gerdes on October 20, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is a mandatory sentence of life imprisonment and/or a $1,000,000 fine, 5 years of supervised release, and $400 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about between October 11th and October 12th, 2016, Makes Him First repeatedly struck her child, causing injuries which led to the child’s death. It is further alleged that these acts were committed while Makes Him First was committing the act of Felony Child Abuse.
The charges are merely accusations 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 and the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Makes Him First was remanded to the custody of the United States Marshals Service pending trial. A trial date has not been set.
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Sisseton Woman Sentenced for Theft of Government PropertyRead the Press Release
United States Attorney Randolph J. Seiler announced that a Sisseton, South Dakota, woman convicted of Theft of Government Property was sentenced on October 17, 2016, by U.S. District Judge Charles B. Kornmann.
Sharon M. Nelson, age 62, was sentenced to 5 years of probation, $6,648.75 in restitution, and a special assessment of $100 to the Federal Crime Victims Fund.
Nelson was indicted by a federal grand jury on December 8, 2015. She pled guilty to Theft of Government Property on July 11, 2016.
The conviction arose out of a land sale as part of the Land Buy Back Program for Tribal Nations, administered by the Office of the Special Trustee within the United States Department of the Interior. Through the Land Buy Back Program, tribal members are able to sell their land to the Federal Government, who in turn moves the land into trust for that particular Tribe. Nelson sold some of her land as part of the Land Buy Back Program, and a check was issued to her by the United States Treasury for $8,889.17. When Nelson claimed that the check was never received, the Office of the Special Trustee deposited the same amount of money, $8,889.17, directly into her personal bank account, cancelled the original check, and told Nelson if she ever received the original check at a later date to bring it to the office and not attempt to cash it. Approximately six months later, Nelson cashed the original check of $8,889.17. The monies were drawn out of the U.S. Treasury, and all but $2,000 was quickly spent by Nelson. The Office of the Special Trustee had to reimburse the U.S. Treasury for the amount of the cashed check and was still owed $6,889.17 after Nelson paid them the $2,000 in unspent funds. Nelson has since paid the Office of Special Trustee $240.42 towards the debt.
This case was investigated by the United States Department of the Interior Office of the Inspector General. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Nelson was released following sentencing.
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Green Grass Man Indicted for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Green Grass, South Dakota, man has been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury.
Andrew Frost, age 20, was indicted on October 12, 2016. He appeared before U.S. Magistrate Judge Mark Moreno on October 14, 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 June 25, 2016, in Ziebach County, Frost unlawfully assaulted the victim, and that the victim sustained serious bodily injury as a result.
The charge is merely an accusation and Frost 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.
Frost was released on conditions pending trial. A trial date has not been set.
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Ft. Thompson Man Charged with Kidnapping and AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Ft. Thompson, South Dakota, man has been indicted by a federal grand jury for Kidnapping, Assault with Intent to Commit Murder, Assault with a Dangerous Weapon, and Assault Resulting in Serious Bodily Injury.
Matthew Long Crow, age 38, was indicted on October 12, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 19, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to any term of years 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 between March 10, 2016, and March 19, 2016, Long Crow kidnapped and assaulted his girlfriend with a knife, with the intent to murder her. As a result of the assault she suffered serious bodily injury.
The charge is merely an accusation and Long Crow 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.
Long was released on bond pending trial. A trial date has not been set.
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