District of South Dakota
Press releases recorded for this federal judicial district.
Dupree Man Indicted for AssaultsRead the Press Release
United States Attorney Randolph J. Seiler announced that a Dupree, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and two counts of Assaulting, Resisting, Opposing, and Impeding a Federal Officer.
Miles Condon, age 25, 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 of the two non-officer related assault charges is up to 10 years in custody. The maximum penalty upon conviction of the two officer-related assault charges is up to 8 years in custody. In each instance, the maximum fine is up to $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 3, 2016, in Dupree, Condon unlawfully assaulted the victim with a golf club, and that the victim sustained serious bodily injury as a result. The indictment also alleges that on August 3, 2016, and again on September 7, 2016, in Dupree, Condon forcibly assaulted, resisted, opposed, impeded, intimidated and interfered with a federal law enforcement officer who was engaged in, and on account of, the performance of his official duties, and that said conduct involved physical contact with the federal officer.
The charge is merely an accusation and Condon is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services, and the Ziebach County Sheriff’s Office. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Condon was remanded to the custody of the United States Marshals Service pending trial. A trial date has not been set.
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Pine Ridge Shooting DeathsRead the Press Release
United States Attorney Randolph J. Seiler announced today that federal authorities are investigating two fatal shootings which recently occurred on the Pine Ridge Reservation in South Dakota.
The United States Attorney’s Office, the Rapid City Resident Agency of the Federal Bureau of Investigation, and the Bureau of Indian Affairs, Office of Justice Services, Pine Ridge Agency, are investigating the September 29, 2016, fatal shooting of Chunta Suta Wi Colhoff, aka Annie Colhoff, a 34-year-old citizen of the Pine Ridge Reservation. Ms. Colhoff was shot and killed in Pine Ridge village. The agencies are also investigating the October 16, 2016, shooting death of Vincent Brewer, III, age 29, outside Pine Ridge village.
Authorities do not believe these shootings were random acts, but stem from disputes law enforcement authorities are investigating. Leads are being followed, persons are being interviewed, and search warrants are being executed. Seiler affirmed the investigation of these two shootings is a top priority for federal law enforcement authorities in South Dakota.
Authorities appreciate any and all assistance members of the community might be able to provide.
Members of the public wishing to provide information should call the BIA Office of Justice Services at (605) 867-2931, tribal dispatch at 911, or the FBI in Rapid City at (605) 343-9632.
If a member of the public wishes to remain anonymous, you may also contact the BIA OJS Tip line at 1-888-668-0661.
Wounded Knee Woman Sentenced for Dispensing Alcohol on the Pine Ridge Indian ReservationRead the Press Release
United States Attorney Randolph J. Seiler announced that a Wounded Knee, South Dakota, woman convicted of Dispensing of Intoxicants in Indian Country was sentenced on October 5, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Leslie Little Moon-Boltz, age 22, was sentenced to 3 years of probation and ordered to pay a $25 special assessment to the Federal Crime Victims Fund.
Little Moon-Boltz was charged on June 17, 2014, and pleaded guilty on July 29, 2016. The conviction stems from Little Moon-Boltz having whiskey near Manderson on the Pine Ridge Indian Reservation.
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.
Manderson Man Sentenced for Illegal Use of InternetRead the Press Release
United States Attorney Randolph J. Seiler announced that a Manderson, South Dakota, man convicted of Enticement of a Minor Using Interstate Commerce was sentenced on October 5, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
William Belt, a/k/a William Fire Thunder, age 21, was sentenced to 15 years of imprisonment, followed by 10 years of supervised release, ordered to pay a $100 special assessment to the Federal Crime Victims Fund, and required to register as a sex offender.
Belt was charged on September 9, 2015, and pleaded guilty on July 1, 2016. The conviction stems from Belt using his iPod to entice a minor female to engage in unlawful sexual acts during the summer of 2015 near Manderson.
This case was investigated by the Federal Bureau of Investigation and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Belt was immediately turned over to the custody of the U.S. Marshals Service.
California Man Sentenced for Illegal Transportation of a MinorRead the Press Release
United States Attorney Randolph J. Seiler announced that a Eureka, California, man convicted of Transportation of a Minor with Intent to Engage in Criminal Sexual Activity was sentenced on September 23, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Thomas Lee Richard, age 50, was sentenced to 293 months in custody, lifetime supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Richard was indicted on June 16, 2015, and pleaded guilty on May 26, 2016.
The conviction stems from Richard picking up a minor female in Minnesota, intending to take her to California through South Dakota, for the purpose of illegal sexual activity. The minor received help from passerby’s while stopped at the 1880 Town in Midland.
This case was investigated by the Jackson County Sheriff’s Office and the Internet Crimes Against Children Task Force. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Richard was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Found Guilty of Drugs and Weapons ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that Shawn Russell Sorensen, age 54, of Sioux Falls, South Dakota, was found guilty of drugs and weapons charges as a result of a federal jury trial in Sioux Falls, South Dakota.
Sorensen was charged by indictment with Conspiracy to Distribute a Controlled Substance (500 grams or more of a mixture containing methamphetamine), and Possession of Firearms by a Convicted Felon.
Because Sorensen has two prior felony drug convictions, his methamphetamine charge carries a mandatory sentence of life in custody and/or a $20 million fine. The gun charge carries a maximum sentence of 10 years in custody and/or a $250,000 fine, and 3 years of supervised release. Each offense also has a $100 special assessment to the Federal Crime Victims Fund.
The investigation of Sorensen began when a package containing a half-pound of cocaine and 10 pounds of methamphetamine was intercepted by the United States Postal Service. The package was subsequently linked to Sorensen. The evidence established Sorensen had received multiple packages in this manner. When Sorensen’s vehicle was stopped by law enforcement, he had in his possession three firearms and ammunition.
This case was investigated by the United States Postal Inspection Service, the Bureau of Alcohol, Tobacco, Firearms & Explosives, the Drug Enforcement Administration, the Rock County, Minnesota Sheriff’s Office, the Minnesota Bureau of Criminal Apprehension, and the Sioux Falls Area Drug Task Force. Assistant U.S. Attorneys Jennifer D. Mammenga and John E. Haak prosecuted the case.
A presentence investigation was ordered, but a sentencing date has not yet been set. The defendant was remanded 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 4, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Joseph Hatchett, age 40, 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.
Hatchett pleaded guilty to the charge on June 17, 2016.
The charge related to Hatchett failing to register as a convicted sex offender between January 15, 2016, and March 10, 2016.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Rapid City Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on October 3, 2016, by U.S. District Judge Roberto A. Lange.
Johnny Lunderman, age 33, was sentenced to 15 months in custody, 5 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.
Lunderman was indicted by a federal grand jury on May 17, 2016. He pled guilty on August 8, 2016.
Lunderman was convicted of Sexual Abuse of a Minor in federal court in August 2009. He was sentenced to 40 months of custody, followed by 5 years of supervised release. Lunderman is required to register as a sex offender and to update his registration within three business days of relocating or changing employment. In December 2015, Lunderman registered with an address in Rapid City. On April 3, 2016, Lunderman was arrested in Jackson County, South Dakota, and charged with Driving Under the Influence. He was subsequently released on bond, and a federal warrant was issued for his arrest. On April 7, 2016, a Rapid City police officer conducted a compliance check at Lunderman’s address and discovered he no longer resided there. On April 20, 2016, Lunderman was arrested in Kyle, South Dakota, without incident. Lunderman did not update his sex offender registration between April 4, 2016, and April 20, 2016, as required by law.
This case was investigated by the U.S. Marshals Service and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Lunderman was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Charged with 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.
Patrick Black Spotted Horse, age 27, was indicted on January 20, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 4, 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 $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
On March 8, 2010, Black Spotted Horse was sentenced to 40 months in federal custody for 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 December 3, 2015, and January 20, 2016, Black Spotted Horse, 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 in Pennington County and elsewhere.
The charge is merely an accusation and Black Spotted Horse is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Kirk W. Albertson is prosecuting the case.
Black Spotted Horse was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
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 4, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Terry Goings III, a/k/a Baby T, age 23, was sentenced to 210 months’ custody, followed by 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Goings pleaded guilty to the charge on April 29, 2016. The charge related to Goings 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 injuries 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. Attorney Megan Poppen prosecuted the case.
Goings was immediately returned to the custody of the U.S. Marshals Service.
McLaughlin Man Charged with Aggravated AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Maurice Thundershield, age 22, was indicted on September 13, 2016. He appeared before U.S. Magistrate Judge William D. Gerdes on October 4, 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 $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on August 5, 2016, Thundershield aided and abetted in the assault of another individual with a bat, causing serious bodily injury.
The charge is merely an accusation and Thundershield is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Thundershield was released on bond pending trial. A trial date has not been set.
McLaughlin Man Charged with Aggravated AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Leonard Red Horse, age 32, was indicted on September 13, 2016. He appeared before U.S. Magistrate Judge William D. Gerdes on October 4, 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 $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on August 5, 2016, Red Horse assaulted another individual with a bat, causing serious bodily injury.
The charge is merely an accusation and Red Horse is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Red Horse was temporarily remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Ft. Thompson Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Ft. Thompson, South Dakota, man convicted of Conspiracy to Distribute Methamphetamine was sentenced on October 3, 2016, by U.S. District Judge Roberto A. Lange.
Lucas Paul Evans, a/k/a Abdul Evans, a/k/a Lucas Harrison, a/k/a Abdul Salom Harrison, a/k/a Abubarker Harrison, a/k/a Abubarker Shabazz Evans, age 29, was sentenced to 94 months in custody, 4 years of supervised release, a $1,000 fine, and a special assessment of $100 to the Federal Crime Victims Fund.
Evans was indicted by a federal grand jury on April 19, 2016, for Conspiracy to Distribute a Controlled Substance. He pled guilty to Conspiracy to Distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, on July 19, 2016.
Prior to sentencing, Evans admitted to distributing over 396 grams of methamphetamine in and around the Crow Creek Sioux Indian Reservation in South Dakota. Evans admitted making thirteen trips from Ft. Thompson to Utah to obtain methamphetamine for distribution in South Dakota, each time bringing back an ounce (28.3 grams) of methamphetamine. He purchased each ounce for $800, and would sell it in South Dakota for $300-$350 per 3.54 grams, or for over $8,400 an ounce. Evans stated that he primarily distributed to two individuals on the reservation and estimated he earned $3,000 per month while distributing drugs. Other interviews conducted by law enforcement corroborated Evans’ admissions.
This case was investigated by the Bureau of Indian Affairs, Crow Creek Agency, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Evans was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for Sexual Contact with a MinorRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Sexual Contact With a Minor was sentenced on October 3, 2016, by U.S. District Judge Roberto A. Lange.
Jasyn Curley, age 21, was sentenced to 12 months in custody, followed by 5 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.
Curley was indicted by a federal grand jury on December 8, 2015, for Sexual Contact With a Person Incapable of Consent and Sexual Contact With a Minor. He pled guilty to Sexual Contact With a Minor on July 19, 2016.
On July 15, 2015, the victim, who was between 12 and 16 years of age, began drinking alcohol with Curley and another friend. She did not know Curley prior to that time. The victim drank to the point she became incapacitated. When the victim’s father returned home from work he found Curley in a bed with the victim, who was passed out. He went to call the police. When the father returned to the bedroom, he saw Curley was leaned over the victim with his hand down her pants, while she was still passed out. The victim’s father told Curley to stop, but he did not do so.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Curley was immediately turned over to the custody of the U.S. Marshals Service.
Two Charged with Conspiracy to Distribute Methamphetamine and Possession of FirearmRead the Press Release
United States Attorney Randolph J. Seiler announced that two men have been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance. One of the men was also indicted for Possession of a Firearm by a Prohibited Person.
Indicted on August 16, 2016, were: Monte Dinehdeal, a/k/a Monte Dineh Deal, age 41, from Tuba City, Arizona, and Louis Anthony Good Shield, age 27, from Winner, South Dakota. Good Shield appeared before U.S. Magistrate Judge Mark A. Moreno on August 24, 2016. Dinehdeal appeared before U.S. Magistrate Judge Daneta Wollmann on September 27, 2016. Both have pled not guilty to the Indictment.
The maximum penalty upon conviction for the charges against Dinehdeal is up to life in custody, a $10,000,000 fine, or both, at least 5 years and up to life of supervised release, $100 to the Federal Crime Victims Fund, and restitution. The maximum penalty upon conviction for the charges against Good Shield is 20 years in custody, a $1,000,000 fine, or both, at least 3 years and up to life of supervised release; and $100 to the Federal Crime Victims Fund, and restitution.
Dinehdeal stands to forfeit the weapon and ammunition seized during the investigation.
The charges are merely an accusation and Dinehdeal and Good Shield are presumed innocent until and unless proven guilty.
The indictment alleges that between January 1, 2013, and September 17, 2015, Dinehdeal and Good Shield knowingly and intentionally combined, conspired, confederated and agreed with other persons to knowingly and intentionally distribute and to possess with intent to distribute methamphetamine in South Dakota. The indictment specifically alleges that Dinehdeal knowingly and intentionally possessed with the intent to distribute 500 grams or more of methamphetamine in South Dakota. The indictment further alleges that on or about September 17, 2015, Dinehdeal knowingly possessed a firearm, even though he was prohibited from doing so because he had previously been convicted of a felony and was an unlawful user of and addicted to a controlled substance.
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.
Dinehdeal was remanded to the custody of the U.S. Marshals Service pending trial. Good Shield was released on bond pending trial. A jury trial has been set for November 1, 2016.
Rapid City Woman Indicted in Death of ChildRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, woman has been indicted by a federal grand jury for Tampering with Evidence, Accessory to First Degree Murder, False Statement, and Misprision of a Felony.
Sonya Dubray, age 47, was indicted on September 20, 2016. She appeared before U.S. Magistrate Judge Daneta Wollmann on September 28, 2016, and pleaded not guilty to the Indictment. The maximum penalty upon conviction is 20 years of imprisonment. 3 years of supervised release, and/or a $250,000 fine and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Dubray’s involvement in covering up the death of a two-and-a-half-year-old child at Porcupine. The charges are merely an accusation and Dubray 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. Attorneys Sarah B. Collins and Megan J. Poppen are prosecuting the case.
Dubray was remanded to the custody of the U.S. Marshals Service pending trial.
Pine Ridge Woman Indicted for TheftRead the Press Release
United States Attorney Randolph J. Seiler announced that a Martin, South Dakota, woman has been indicted by a federal grand jury for Larceny and Theft of Government Property.
Amy N. Garcia, age 32, was indicted on July 26, 2016, and appeared before U.S. Magistrate Judge Daneta Wollmann on September 28, 2016. She pleaded not guilty to the Indictment.
The maximum penalty upon conviction is ten years of imprisonment, a $250,000 fine, or both, three years of supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Garcia altering and cashing payroll checks belonging to Dakota Plains Legal Services in Mission. The charges are merely an accusation and Garcia is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Legal Services Corporation -Office of Inspector General. Assistant U.S. Attorney Ben Patterson is prosecuting the case.
Garcia was released pending trial. A trial date has not been set.
Letcher Man Sentenced for Unlawful Taking of Bald Eagle and Unlawful Use of PesticideRead the Press Release
United States Attorney Randolph J. Seiler announced that a Letcher, South Dakota, man who was found guilty of Unlawful Taking of Bald Eagle and Unlawful Use of Pesticide after a two day jury trial in April of 2016 was sentenced on September 27, 2016, by U.S. District Judge Lawrence L. Piersol.
Theodore Nelson, Jr., a/k/a Ted Nelson, age 69, was sentenced to 8 months in custody on the Unlawful Taking of a Bald Eagle charge, with 6 months to run concurrent with a prior federal tax evasion sentence and 2 months to run consecutive, and one year of supervised release, with a condition that Nelson must pay $2,500 in restitution. Nelson was also sentenced to 30 days in custody on the Unlawful Use of Pesticide charge to run concurrent with the sentence imposed on the above count. Nelson was ordered to pay a special assessment to the Federal Crime Victims Fund in the amount of $35 for both offenses.
“Today’s sentence reaffirms our commitment to the protection of eagles and other wildlife in the District of South Dakota.” said United States Attorney Randy Seiler. “We will continue to prosecute and hold accountable those who intentionally and recklessly kill eagles and other protected wildlife in the District of South Dakota”
Nelson was indicted by a federal grand jury on September 9, 2015.
The conviction stemmed from incidents between January 1, 2015, and May 12, 2015, when Nelson, who is a landowner in Sanborn County, without being permitted to do so, knowingly and with wanton disregard for the consequences of his actions, injected a poison, Carbofuran, also known as Furadan 4F, into the carcasses of cows in order to kill predators, including coyotes. Carbofuran is a restricted use pesticide that is extremely toxic to wildlife, including birds. Use of this pesticide for baiting purposes is strictly prohibited, and the label of the Carbofuran’s container says so.
As a result of Nelson’s actions, area animals, including coyotes, and an adult Bald eagle, died of Carbofuran poisoning. Laboratory results from the National Fish & Wildlife Forensic Laboratory in Ashland, Oregon, confirmed that the eagle died of Carbofuran poisoning, after eating coyote carcasses that were poisoned with Carbofuran poisoning in its system.
“The purposeful misapplication of a pesticide like Furadan 4F to kill coyotes and other predators can be devastating to all wildlife up and down the food chain, including eagles” said U.S Fish and Wildlife Service Mountain-Prairie Region Assistant Special Agent in Charge Dan Rolince. "This conviction and sentence send a clear message that intentional and unlawful activities that result in the death of federally protected species will not be tolerated."
"The defendant intentionally and illegally used a restricted use pesticide as bait, which put people, wildlife and the environment at risk,” said Jeffrey D. Martinez, Special Agent in Charge of EPA’s criminal enforcement program in South Dakota. “Today's sentence sends a strong signal that individuals who misuse restricted use pesticides will be prosecuted."
This case was investigated by the U.S. Fish & Wildlife Service, the Environment Protection Agency and the South Dakota Department of Game, Fish and Parks. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Nelson was immediately turned over to the custody of the U.S. Marshals Service.
Mosher Man Sentenced for Abusive Sexual ContactRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mosher, South Dakota, man convicted of two counts of Abusive Sexual Contact was sentenced on September 26, 2016, by U.S. District Court Judge Roberto A. Lange.
Tyrone Steven Andrews, age 24, was sentenced to 30 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Andrews was indicted by a federal grand jury on October 14, 2015. He was convicted on July 8, 2016, following a two-day jury trial in Pierre, South Dakota.
The charges stem from an incident that occurred on February 25, 2013, wherein Andrews groped a 15-year-old girl who was at a sleepover at a home in Rosebud, South Dakota. Andrews entered the bedroom where the girl was sleeping and touched her breasts under her clothes while she was asleep. The girl awoke, realized what was happening, and tried to get the attention of her friend who was sleeping next to her in the bed. Andrews then began to rub the girl’s inner thigh and kissed her neck. At that point, the girl was able to awaken her friend and Andrews ran out of the room.
Andrews was acquitted of a separate charge of Aggravated Sexual Abuse. That charge stemmed from an incident involving an adult female that occurred at a home in Okreek, South Dakota, in late May or early June of 2015.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Andrews was immediately remanded to the custody of the U.S. Marshals Service.
Miller Man Sentenced for Attempted Sex TraffickingRead the Press Release
United States Attorney Randolph J. Seiler announced that a Miller, South Dakota, man convicted of Attempted Trafficking with Respect to Involuntary Servitude and Forced Labor was sentenced on September 26, 2016, by U.S. District Judge Roberto A. Lange.
Joseph Raleigh, age 34, was sentenced to 46 months in custody, 3 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.
Raleigh was indicted by a federal grand jury on October 20, 2015, for Attempted Commercial Sex Trafficking of Children and Attempted Enticement of a Minor Using the Internet. He pled guilty to Attempted Trafficking with Respect to Involuntary Servitude and Forced Labor on July 5, 2016.
The conviction arose from an undercover operation conducted in the Pierre, South Dakota, area by the Internet Crimes Against Children Task Force (ICAC). Raleigh responded to an advertisement of a minor available for sexual activities in exchange for money posted on Craigslist on October 16, 2015. Through email conversations with the undercover ICAC agents, Raleigh negotiated a price and arranged to have a sexual encounter with a 15-year-old girl in Blunt, South Dakota, on October 16, 2015. Raleigh then met with an undercover agent, who was posing as someone who could provide the girl for sex. The negotiated price was $400, which Raleigh had in his possession.
This case was investigated by the South Dakota Division of Criminal Investigation, the United States Marshals Service, the South Dakota ICAC Task Force, and the Pierre Police Department. Assistant U.S. Attorneys Kirk Albertson and Tim Maher prosecuted the case.
Raleigh was immediately turned over to the custody of the U.S. Marshals Service.
Rosebud Man Sentenced for Domestic Assault by an Habitual OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man who was found guilty of Domestic Abuse by an Habitual Offender and Simple Assault following a jury trial in July of 2016 was sentenced on September 27, 2016, by U.S. District Judge Roberto A. Lange.
Adam Bordeaux, age 32, was sentenced to 33 months in custody, 3 years of supervised release, and a special assessment of $110 to the Federal Crime Victims Fund.
Bordeaux was indicted by a federal grand jury on December 8, 2015. The charges stem from an incident that occurred on November 17, 2015, wherein Bordeaux assaulted his girlfriend at their home in Rosebud. Bordeaux and the victim got into an argument in their bedroom and Bordeaux pushed the victim onto the bed. He then got on top of her, pulled her hair, pushed her face into the blanket, and tried to bite her on the back of her head. The victim was eventually able to push Bordeaux off of her and she fled the house. She called the police from a nearby convenience store. Bordeaux was subsequently questioned by a Rosebud Sioux Tribe Law Enforcement Officer and he claimed the victim attacked him and bit him on the forearm while he was defending himself. The bite mark he showed the officer was inconsistent with Bordeaux’s description of the incident, however, and Bordeaux was arrested.
The crime of Domestic Assault by an Habitual Offender requires proof that the Defendant had at least two prior convictions for domestic assault. At the time of this incident, Bordeaux had three prior convictions in Rosebud Sioux Tribal Court for Domestic Abuse. He also had a prior conviction in federal court for Domestic Assault by an Habitual Offender, and was on federal supervised release when he committed the assault on November 17, 2015.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Bordeaux was immediately turned over to the custody of the U.S. Marshals Service.
Lower Brule Man Sentenced for Felon in Possession of a FirearmRead the Press Release
United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, man convicted of Felon in Possession of a Firearm was sentenced on September 26, 2016, by U.S. District Judge Roberto A. Lange.
Conrad Fleury, age 35, was sentenced to 15 months in custody, 2 years of Supervised Release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Fleury was indicted by a federal grand jury on April 13, 2016. He pled guilty on July 11, 2016.
The conviction stemmed from an incident on February 13, 2016, when a call came into the Fort Thompson Police Department reporting that Conrad Fleury had a gun and was threatening suicide. Law enforcement responded immediately and officers called for backup.
The caller approached one of the officers and stated Fleury came home drunk, had a gun, and was saying he was going to kill himself. As a result of Fleury’s threats, two young children had to escape the home by crawling through a window.
Officers entered the home and found Fleury alone with a .22 caliber rifle in a bedroom.
Fleury has a federal conviction from 2012, for Assault with a Dangerous Weapon. The judgment specifically states that Fleury shall not possess a firearm, destructive device or any other dangerous weapon.
This case was investigated by the Bureau of Indian Affairs, Crow Creek Agency and the Bureau of Alcohol, Tobacco, Firearms & Explosive. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Fleury was immediately turned over to the custody of the U.S. Marshals Service.
Wall Man Indicted for Illegal Use of InternetRead the Press Release
United States Attorney Randolph J. Seiler announced that a Wall, South Dakota, man has been indicted by a federal grand jury for Attempted Sexual Exploitation of a Minor, Attempted Enticement of a Minor Using the Internet, and Receipt of Child Pornography.
Dustin Christopher Scott, age 33, was indicted on August 23, 2016, and appeared before U.S. Magistrate Judge Daneta Wollmann on September 19, 2016. He pleaded not guilty to the Indictment.
The maximum penalty upon conviction is life imprisonment, a $250,000 fine, lifetime supervised release, and a $5,000 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Scott using a cell phone and a computer to attempt to engage in sexually explicit conduct with undercover agents posing as the father of a minor female. The charges are merely an accusation and Scott 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.
Scott was detained pending trial. A trial date has not been set.
Pine Ridge Woman Pleads Not Guilty to Felony Child Abuse and Neglect and Involuntary ManslaughterRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, woman has been indicted by a federal grand jury for Felony Child Abuse and Neglect and Involuntary Manslaughter.
Mona Goggleye, age 31, was indicted on May 24, 2016. Goggleye appeared before U.S. Magistrate Judge Daneta Wollmann on September 21, 2016, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is 15 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 charges relate to Goggleye abusing and neglecting a child between May 6 and 7, 2016, near Pine Ridge. This abuse and neglect resulted in the death of the child.
The charges are merely accusations and Goggleye is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, and the Federal Bureau of Investigation. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Goggleye was released on bond pending trial. A trial date has been set for November 29, 2016.
Manderson Man Charged with Sexual Abuse of a MinorRead the Press Release
United States Attorney Randolph J. Seiler announced that a Manderson, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse and Sexual Abuse of a Minor.
Eugenio White Hawk, Jr., age 36, was indicted on September 20, 2016. He appeared before U.S. Magistrate Judge Daneta L. Wollmann on September 21, 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, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on September 27, 2015, White Hawk, Jr., knowingly caused and attempted to cause a minor female to engage in a sexual act while she was asleep.
The charges are merely accusations and White Hawk, Jr., is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Jay Miller is prosecuting the case.
White Hawk, Jr., was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Lower Brule Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on September 26, 2016, by U.S. District Judge Roberto A. Lange.
David George Flute, III, age 26, was sentenced to 33 months in custody, 5 years of Supervised Release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Flute was indicted by a federal grand jury on May 17, 2016. He pled guilty on August 2, 2016.
The conviction stemmed from Flute failing to register as a sex offender between December 18, 2015 and May 11, 2016. This is Flute’s third federal conviction for failing to register as required by law.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Flute was immediately turned over to the custody of the U.S. Marshals Service.
Kyle Man Pleads Not Guilty to Assault with Intent to Commit MurderRead 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 Intent to Commit Murder, Assault with a Dangerous Weapon, and Assault Resulting in Serious Bodily Injury.
Timothy “Jack” Brown Bull, age 22, was indicted on May 24, 2016. Brown Bull appeared before U.S. Magistrate Judge Daneta Wollmann on September 14, 2016, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Brown Bull and another individual assaulting a man with their feet, a cinder block, and stick on March 7, 2015, at Kyle.
The charges are merely accusations and Brown Bull is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, and the Federal Bureau of Investigation. Assistant U.S. Attorney Megan Poppen is prosecuting the case.
Brown Bull was released on bond pending trial. A trial date has been set for November 22, 2016.
Fort Thompson Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on September 26, 2016, by U.S. District Judge Roberto A. Lange.
Stuart Dion, age 32, was sentenced to 30 months in custody, 5 years of Supervised Release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Dion was indicted by a federal grand jury on December 8, 2015. He pled guilty on July 13, 2016.
The conviction stemmed from Dion failing to register as a sex offender between October 1, 2015 and December 8, 2015. This is Dion’s second federal conviction for failing to register. This sentence will run concurrent with Dion’s Assaulting, Resisting, and Impeding a Federal Officer conviction.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Dion was immediately turned over to the custody of the U.S. Marshals Service.
Fort Thompson Man Sentenced for Assaulting, Resisting, and Impeding a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on September 26, 2016, by U.S. District Judge Roberto A. Lange.
Stuart Dion, age 32, was sentenced to 30 months in custody and a special assessment to the Federal Crime Victims Fund in the amount of $100. This sentence will run concurrent to Dion’s federal conviction for Failure to Register as a Sex Offender.
Dion was indicted by a federal grand jury on May 17, 2016. He pled guilty on July 13, 2016.
The conviction stemmed from an incident on April 16, 2016, when an officer with the Bureau of Indian Affairs was dispatched to the Community Building in Fort Thompson, South Dakota about Dion being drunk and trying to fight. Dion was riding a horse and causing a disturbance during a sobriety walk.
The officer responded to the call and attempted to approach Dion.
The officer began driving his patrol vehicle behind the horse and honked his horn and turned on his emergency lights. Dion looked back over his shoulder and the horse began running. The horse began to buck and Dion then fell off the horse. Dion then stood to his feet and attempted to get back on the horse. The officer approached Dion and told him to get on the ground. Dion resisted arrest. During his arrest, he kicked the officer in the stomach and threatened harm to the officer.
This case was investigated by the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Dion was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Indicted for Assaulting Intimate PartnerRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon, Assault by Strangulation and Suffocation, and Assault Resulting in Substantial Bodily Injury to an Intimate Partner.
Delano White Eagle, age 46, was indicted on September 20, 2016. He appeared before U.S. Magistrate Judge Mark Moreno on September 22, 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 24, 2016, near Dupree, South Dakota, White Eagle unlawfully assaulted the victim, his intimate partner and dating partner, with a knife, resulting in substantial bodily injury. The Indictment further alleges that on that same date, White Eagle unlawfully attempted to strangle or suffocate the victim.
The charges are merely an accusation and White Eagle 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.
White Eagle was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
McLaughlin Man Sentenced for Simple AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man convicted of Simple Assault was sentenced on September 20, 2016, by U.S. Magistrate Judge William D. Gerdes.
Sheldon Crow Ghost, age 34, was sentenced to 6 months in custody, and a $10 special assessment to the Federal Crime Victims Fund.
Crow Ghost pled guilty to a Superseding Information, filed on August 10, 2016.
The conviction stemmed from an incident on the morning of November 12, 2015, when the Bureau of Indian Affairs Law Enforcement responded to a reported domestic assault.
The officer was met at the door by the female victim who stated her boyfriend, Crow Ghost, had earlier in the morning repeatedly put up his fist in a manner which indicated he was going to strike her, but did not. The victim informed the officer that the previous night, Crow Ghost had also slapped her several times and had attempted to punch her in the face, but she had managed to get her forearm up and block his punches. The officer was able to observe a slight redness to her face.
This case was investigated by the Bureau of Indian Affairs Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Crow Ghost is to self-report to the custody of the U.S. Marshals Service on or before October 4, 2016.
Two Eagle Butte Women Charged with Possession and Distribution of MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that two Eagle Butte, South Dakota, women have been indicted by a federal grand jury for nine counts of Distribution of a Controlled Substance, Distribution of a Controlled Substance, and Aiding and Abetting.
Marla Cook, a/k/a Marlarae Danielle Iron Lightning, age 39, and Merlina Rose Marrowbone, age 31, were indicted on July 19, 2016. Both appeared before U.S. Magistrate Judge Mark A. Moreno 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 and up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between March and June of 2016, Cook knowingly and intentionally possessed and distributed methamphetamine, a Scheduled II controlled substance, on six different occasions. The Indictment further alleges that between September of 2015 and June of 2016, Marrowbone knowingly and intentionally possessed and distributed methamphetamine on four different occasions.
The charges are merely accusations and Cook and Marrowbone are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Cook and Marrowbone were released on bond pending trial. Trial has been set for November 8, 2016.
St. Francis Man Charged with Felon in Possession of a FirearmRead 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 Felon in Possession of a Firearm.
Craig Edward Valandra, age 34, was indicted on July 19, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on September 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, 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 June 20, 2016, at St. Francis, Valandra, having previously been convicted of a felony, knowingly possessed a firearm.
The charge is merely an accusation and Valandra is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives and Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk W. Albertson is prosecuting the case.
Valandra was remanded to the custody of the U.S. Marshals Service pending trial. Trial has been set for November 15, 2016.
Rosebud Man Sentenced for Simple AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man charged with Simple Assault pled guilty and was sentenced on September 16, 2016, by U.S. Magistrate Judge Mark A. Moreno.
James Edward Brasure, age 42, was sentenced to seven days in custody, and a $10 special assessment to the Federal Crime Victims Fund.
The conviction stems from an incident that took place on February 4, 2016, when Brasure assaulted his wife by grabbing her by the shoulder, hitting her head on the closet door, and hitting her in the mouth. The responding officer observed swelling on the victim’s forehead and blood on her lip.
The investigation was conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Carrie G. Sanderson.
Brasure was remanded to the custody of the U.S. Marshals Service.
Rosebud Man Sentenced for Operating a Motor Vehicle Under the Influence of Alcohol with a Minor PresentRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man convicted of Operating a Motor Vehicle Under the Influence of Alcohol with a Minor Present in the Motor Vehicle was sentenced on September 16, 2016, by U.S. Magistrate Judge Mark A. Moreno.
Colton Poorman, age 36, was sentenced to 1 year in custody, 1 year of supervised release, and a special assessment of $25 to the Federal Crime Victims Fund.
Poorman was indicted by a federal grand jury on March 15, 2016. He pled guilty on July 22, 2016.
The conviction stemmed from an incident on the morning of October 11, 2015. Poorman was drinking alcoholic beverages and at approximately 10:00 AM, he told his girlfriend to ride with him in a vehicle. Poorman also wanted to take his child, age 2, with him in the vehicle. His girlfriend advised him not to drink alcohol and not to drive after drinking. Nonetheless, Poorman’s girlfriend and the child went with him in the vehicle. His girlfriend held the child while Poorman drove from Mission to Rosebud, and he picked up three additional passengers. He drove to the All Stop Gas Station in Rosebud, where he parked the vehicle. At no time was his child placed in a child safety restraint.
An officer with the Rosebud Sioux Tribe Law Enforcement Services arrested Poorman at the All Stop for driving while intoxicated, and he was taken to the Adult Correctional Facility in Rosebud.
At the time of his arrest, Poorman was on federal supervised release for a non-related felony conviction.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.
Poorman was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Charged with Second Degree MurderRead 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 Second Degree Murder, Using and Carrying a Firearm During and In Relation to a Crime of Violence, and Witness Tampering.
Jacob McCloskey, age 18, was indicted on August 16, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on September 19, 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. Restitution may also be ordered.
The Indictment alleges that on or about April 7, 2016, in Todd County, South Dakota, McCloskey shot another individual with a rifle and corruptly persuaded two witnesses to lie about the circumstances of the shooting.
The charges are merely accusations and McCloskey is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk W. Albertson is prosecuting the case.
McCloskey was released on bond pending trial. Trial has been set for November 15, 2016.
Eagle Butte Man Charged with Failure to Register as a Sex OffenderRead 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 Failure to Register as a Sex Offender.
Kimo Little Bird, age 34, was indicted on September 13, 2016. He appeared before U.S. Magistrate Judge William D. Gerdes on September 20, 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 period of 5 years up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between July 1, 2016, and August 11, 2016, Little Bird, a person required to register under the Sex Offender Registration and Notification Act, knowingly failed to register and update his registration.
The charge is merely an accusation and Little Bird is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Little Bird was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for November 29, 2016.
Prescription Opioid and Heroin Epidemic Awareness Week September 18-24, 2016Read the Press Release
In recognition of Prescription Opioid and Heroin Epidemic Awareness Week, the United States Attorney’s Office is hosting events across South Dakota. The community forums are designed to highlight a unique, realistic perspective on the impact of prescription drug and opioid abuse.
Each event will feature a screening of “Chasing the Dragon: The Life of an Opiate Addict” - a documentary film collaboratively produced by the Federal Bureau of Investigation and the Drug Enforcement Administration, in response to increasing prescription painkiller and opioid drug abuse across the nation.
Following each movie screening will be an interactive panel discussion. The movie is approximately 50 minutes in length. The events are as follows:
Sioux Falls:
Tuesday, September 20, 2016, at 6:30 PM
Kresge Recital Hall, Augustana University, located at 2120 S. Grange Avenue
Rapid City:
Wednesday, September 21, 2016, at 6 PM
Elks Theatre, located at 512 6th Street
Pierre:
Thursday, September 22, 2016, at 7:00 PM
T.F. Riggs High School Theater, located at 1010 E. Broadway Avenue
The film, which is designed to better educate students and young adults about the dangers of these drugs and the tragic consequences that often accompany addiction, debuted nationally in February 2016. According to data in the film, nearly 46,000 people die from drug use annually in the United States, and about half of those deaths are related to opiate drug abuse. At least 78 Americans die every day from an opioid overdose – it affects all ages, all socio-economic groups, all over the country, including South Dakota.
Individuals and community groups are encouraged to attend. The event is free and open to the public.
The President has officially proclaimed September 18-24 as Prescription Opioid and Heroin Epidemic Awareness Week. The Presidential Proclamation is attached.
For further information and resources on this topic, visit DEA’s website: https://getsmartaboutdrugs.com
U.S. Attorney’s Office to Host September 22nd Event in Pierre for National Heroin and Opioid Awareness WeekRead the Press Release
In recognition of National Heroin and Opioid Awareness Week (September 19-23, 2016), the United States Attorney’s Office in the District of South Dakota is hosting a screening of the film, “Chasing the Dragon: The Life of an Opiate Addict” and a panel discussion at 7:00 p.m. on Thursday, September 22nd, 2016. The event will be held at T.F. Riggs High School Theatre, located at 1010 E. Broadway Avenue in Pierre.
The film runs for approximately 60 minutes. The panel will feature Ron Deist, Resident Agent in Charge of the Sioux Falls Drug Enforcement Administration field office, Wendy Kloeppner, Hughes County State’s Attorney, Katie Sieverding Chemist at South Dakota State Health Laboratory, and Assistant U.S. Attorney SaraBeth Donovan.
The event is free and open to the public. For further information and resources, visit DEA’s website: https://getsmartaboutdrugs.com
U.S. Attorney’s Office to Host September 22nd Event in Pierre for National Heroin and Opioid Awareness WeekRead the Press Release
In recognition of National Heroin and Opioid Awareness Week (September 19-23, 2016), the United States Attorney’s Office in the District of South Dakota is hosting a screening of the film, “Chasing the Dragon: The Life of an Opiate Addict" and a panel discussion at 7:00 p.m. on Thursday, September 22nd, 2016. The event will be held at T.F. Riggs High School Theatre, located at 1010 E. Broadway Avenue in Pierre.
The film runs for approximately 60 minutes. The panel will feature Ron Deist, Resident Agent in Charge of the Sioux Falls Drug Enforcement Administration field office, Wendy Kloeppner, Hughes County State’s Attorney, Katie Sieverding Chemist at South Dakota State Health Laboratory, and Assistant U.S. Attorney SaraBeth Donovan.
The event is free and open to the public. For further information and resources, visit DEA’s website: https://getsmartaboutdrugs.com
Rapid City Man Sentenced for Sexual ContactRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Abusive Sexual Contact was sentenced on September 13, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Silas Lee High Hawk, age 25, was sentenced to 36 months of imprisonment, followed by 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund, and register as a sex offender.
High Hawk was charged on November 17, 2015, and pleaded guilty on June 3, 2016. The conviction stems from High Hawk engaging in sexual contact with a woman who was unable to give consent.
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.
High Hawk was immediately turned over to the custody of the U.S. Marshals Service.
Pine Ridge Man Indicted for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon.
Bert Cottier, a/k/a Bert Chang, age 50, was indicted on July 26, 2016, and appeared before U.S. Magistrate Judge Daneta Wollmann on September 9, 2016. He pleaded not guilty to the Indictment.
The maximum penalty upon conviction is 10 years of imprisonment, a $250,000 fine, or both, 3 years of supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Cottier stabbing a man with a knife at Pine Ridge. The charge is merely an accusation and Cottier is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs Office of Justice Services and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Megan Poppen is prosecuting the case.
Cottier was released pending trial. A trial date has been set for November 15, 2016.
McLaughlin Man Sentenced for LarcenyRead the Press Release
United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man convicted of Larceny was sentenced on September 12, 2016, by U.S. District Judge Charles B. Kornmann.
Blaze Miles Thundershield, age 21, was sentenced to time served of 14 months custody, 3 years of supervised release, restitution in the amount of $10,000, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Thundershield was indicted by a federal grand jury on October 14, 2015. He pled guilty on July 11, 2016.
The conviction stemmed from an incident on July 18, 2015, when a Corson County Sherriff’s Deputy was approached by the manager of the feedlot in McLaughlin, who informed the deputy that a blue Dodge Ram 2500 pickup truck, with a red horse trailer, had been stolen. The manager observed the vehicle “spinning cookies” in the lot, and he thought the vehicle’s owner was messing around. However, when he called the owner of the vehicle, he learned he was working near Kennel, South Dakota, and was not driving his vehicle. It was at this point that the manager noticed the deputy across the street and informed him of the stolen vehicle. The victim also called dispatch to report his truck stolen. The deputy left to search for the vehicle, which he was unable to locate.
Later in the evening, Bureau of Indian Affairs law enforcement was dispatched to McLaughlin after receiving several reports of shots being fired in the area. Responding officers were informed that four young male individuals were seen walking in the area with a handgun firing it in the air. Law enforcement was also informed that two young males were seen driving a blue pick-up truck, with a red horse trailer.
While law enforcement was collecting statements, a neighbor pointed up the street to a group of young boys approaching the location of the officers. Officers began running towards the boys, ordering them to lie on the ground. Three of the boys complied. One boy fled on foot, heading towards the McLaughlin rodeo grounds. He was eventually apprehended, hiding in a bed of weeds, and identified as Thundershield, the Defendant. Thundershield and another person were arrested on tribal charges.
Officers later found the stolen pick-up truck and trailer in a stand of trees near the golf course. The truck had been shot multiple times and was declared a total loss by the insurance company. The victim’s loss was valued in excess of $20,000 by his insurance company. The gun has not yet been recovered.
This case was investigated by the Bureau of Indian Affairs. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Thundershield remained in custody due to an outstanding warrant on an unrelated matter.
Kenel Man Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Kenel, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer, was sentenced on September 12, 2016, by U.S. District Judge Charles B. Kornmann.
Dylan Demery, age 23, was sentenced to 12 months and a day in custody, followed by 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Demery was indicted by a federal grand jury on January 21, 2016. He pled guilty on June 6, 2016.
The conviction stemmed from an incident which happened during the early morning hours of January 1, 2016, when an officer with the Bureau of Indian Affairs was dispatched to Kenel, in response to a report of a drunk driver.
The officer went to the side of a residence in Kenel, and noticed a male exiting a Blazer. The officer called out Demery’s name and ordered him to stop. Demery immediately fled on foot, and the officer pursued.
When they reached the road, both the officer and Demery slipped and fell on the ice. As the officer was attempting to rise, Demery grabbed the left shoulder of the officer’s jacket. The officer grabbed onto Demery’s legs, and Demery began to strike the officer on the left side of his face, as well as a few more times as the officer attempted to regain his footing. The officer then reached for his handcuffs in an attempt to restrain Demery. As he was doing this, Demery struck the officer in the face again, knocking him to his knees.
Multiple officers responded to the area to assist. The officer sustained multiple injuries as a result of this assault, including an injured eye, and shoulder.
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Demery was immediately turned over to the custody of the U.S. Marshals Service.
Fort Thompson Man Sentenced for False Statements Relating to Health Care MattersRead the Press Release
United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, man convicted of False Statements Relating to Health Care Matters was sentenced on September 8, 2016, by U.S. District Judge Roberto A. Lange.
Bryce Damon Drapeau, age 42, was sentenced to 1 year of unsupervised probation, and a $100 special assessment to the Federal Crime Victims Fund.
Drapeau was indicted by a federal grand jury on October 14, 2015, for False Statements Relating to Health Care Matters and Attempt to Obtain Controlled Substance by Fraud. He pled guilty on June 8, 2016.
The conviction stems from an incident that occurred in July of 2015, when Drapeau altered his prescription increasing the number of Norco (Hydrocodone) tablets and attempted to fill the prescription at the Fort Thompson Indian Health Service Hospital Pharmacy. The pharmacist refused to fill the prescription, after suspecting it had been altered, and confirmed those suspicions with Drapeau’s treating physician.
This case was investigated by the U.S. Department of Health and Human Services Office of Inspector General. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Eagle Butte Man Sentenced for Robbery and AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Robbery and Assault by Striking, Beating, and Wounding was sentenced on September 14, 2016, by U.S. District Judge Roberto A. Lange.
Chad Ryan Lara, age 34, was sentenced to 42 months in custody, followed by 30 months of supervised release, $26.25 in restitution, and a $100 special assessment to the Federal Crime Victims Fund on the robbery charge. Lara was sentenced to 6 months in custody, and ordered to pay $181.50 in restitution, along with a $25 special assessment to the Federal Crime Victims Fund on the assault case. The two sentences are to be served consecutively.
Lara was indicted on the robbery charge by a federal grand jury on March 15, 2016. Lara was indicted on the assault charge by a federal grand jury on May 17, 2016. He pled guilty to both charges on June 8, 2016.
The conviction on the robbery stemmed from an incident on March 9, 2016, when Lara entered the Mini Mart in Eagle Butte, wearing a black ski mask over his face, brandished a large knife, and demanded money from the cash register. When the clerks were unable to open the cash register, Lara grabbed it and pulled on it. One of the clerks prevented Lara from grabbing the cash register, so Lara threw down the knife, grabbed a case of Hurricane beer off the counter and fled the store. Some customers went after Lara and were able to apprehend him nearby. He was detained until the police arrived.
The conviction on the assault stemmed from an incident on April 7, 2016, when Lara was appearing on the above charge for a bail review hearing. Following the hearing, he was ordered to be detained pending trial. While awaiting transfer back to the Hughes County jail, Lara assaulted another inmate by striking him with closed fits in the face and chest area.
This cases were investigated by the U.S. Marshals Service and the Cheyenne River Sioux Tribe. Assistant U.S. Attorney Jay Miller prosecuted both cases.
Lara was immediately turned over to the custody of the U.S. Marshals Service
Eagle Butte Man Sentenced for Assault Resulting in Serious Bodily Injury and Failure to AppearRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury and Failure to Appear was sentenced on September 14, 2016, by U.S. District Judge Roberto A. Lange.
Raymond Uses The Knife, III, a/k/a Yamni Uses The Knife, III, age 25, was sentenced to 37 months in custody, to be followed by 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100 on the assault charge. Uses The Knife was sentenced to 2 months in custody, and ordered to pay a special assessment of $100 to the Federal Crime Victims Fund on the failure to appear charge. The two sentences are to be served consecutively.
Uses The Knife was indicted on the assault charge by a federal grand jury on February 17, 2016. Uses The Knife was indicted on the failure to appear charge by a federal grand jury on April 13, 2016. He pled guilty on both charges on June 1, 2016.
The conviction on the assault stemmed from an incident on July 25, 2015 when Uses The Knife, along with three other co-defendants (one of them a juvenile), assaulted a male victim. One co-defendant confronted the victim. The victim kept backing away. Uses the Knife and his co-defendants encouraged the other co-defendant to fight the victim, who eventually took off running. Uses The Knife and one co-defendant started running after the victim, while the other adult co-defendant and the juvenile co-defendant followed in a car, eventually catching up with the victim and blocking his way, but the victim was able to get away and continued to run. The juvenile followed on foot and was able to catch up with the victim, knocking the victim to the ground. All three adult co-defendants caught up and started hitting and kicking the victim repeatedly, then fled the scene and drove off together. As a result of the assault, the victim had a broken arm. He also received six sutures to his head from a laceration. He also had numerous “bumps” on his head from the attack.
The conviction on the failure to appear stemmed from an incident on April 5, 2016, when Uses The Knife, who was directed to appear in court for a bond violation, failed to appear for the hearing.
These cases were investigated by the U.S. Marshals Service and the Cheyenne River Sioux Tribe. Assistant U.S. Attorney Jay Miller prosecuted both cases.
Uses The Knife was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Charged with Sexual Abuse of a ChildRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child and Abusive Sexual Contact with a Child.
Luther Blue Thunder, age 35, was indicted on August 16, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on September 8, 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, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between May 1, 2011, and September 1, 2012, and again between September 1, 2013, and December 31, 2013, at Mission, South Dakota, Blue Thunder knowingly engaged in and attempted to engage in sexual acts or contact with three different victims. All three victims were children who had not attained the age of 12 years.
The charges are merely accusations and Blue Thunder 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 Kirk W. Albertson is prosecuting the case.
Blue Thunder was released on bond pending trial. A trial date has not been set.
Bullhead Man Sentenced for Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Randolph J. Seiler announced that a Bullhead, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on September 12, 2016, by U.S. District Judge Charles B. Kornmann.
Parrish Antelope, age 20, was sentenced to 19 months in custody, followed by 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Antelope was indicted by a federal grand jury on October 14, 2015. He pled guilty on June 6, 2016.
The conviction stemmed from an incident on September 5, 2015, when Bureau of Indian Affairs law enforcement was dispatched to Little Eagle, South Dakota, in response to a call of an intoxicated male trying to start a fight. Antelope opened the door, then staggered back to the kitchen.
Law enforcement informed Antelope that they had received a call about him trying to start fights. Antelope stated that if he wanted to start a fight, he would have a long time ago. The homeowner and another female entered the kitchen and stated that she wanted him arrested for beating up her boyfriend, the victim. The ladies informed law enforcement that the victim’s forehead was split open and they believed he needed stitches.
Antelope began yelling at the ladies and told law enforcement that he had assaulted the victim for leaving him in town. Antelope also stated to law enforcement that he struck the victim with his fist and elbow.
Law enforcement then proceeded to meet with the victim, who had a hole in the center of his forehead extending out in a star pattern to the size of a 50 cent piece with the skin deeply ripped. The victim indicated he was sleeping in the basement when he heard a loud commotion, and he was struck on the head. The victim then got up and chased Antelope out of the basement to the main level. When he reached the top of the stairs, the victim noticed he was bleeding badly and went to the bathroom to tend to his injuries.
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Antelope was immediately turned over to the custody of the U.S. Marshals Service.
U.S. Attorney’s Office to Host September 20th Event for National Heroin and Opioid Awareness WeekRead the Press Release
In recognition of National Heroin and Opioid Awareness Week (September 19-23, 2016), the United States Attorney’s Office in the District of South Dakota is hosting a screening of the film, “Chasing the Dragon: The Life of an Opiate Addict,” to be followed by a panel discussion, at 6:30 p.m. on Tuesday, September 20, 2016. The event will be held at Augustana University’s Kresge Recital Hall, located at 2120 S. Grange Avenue in Sioux Falls.
The film runs for approximately 60 minutes. The panel will feature Ron Deist, Resident Agent in Charge of the Sioux Falls Drug Enforcement Administration field office, an individual in recovery from opiate addiction, as well as staff from Face It TOGETHER and Keystone Treatment Center.
The event is free and open to the public. For further information and resources, visit DEA’s website: https://getsmartaboutdrugs.com