District of South Dakota
Press releases recorded for this federal judicial district.
Heroin and Opioid Awareness Week September 19-23, 2016Read the Press Release
On Wednesday, September 21, 2016, the United States Attorney’s Office will host a community forum designed to highlight a unique, realistic perspective on the impact of prescription drug and opioid abuse. The event will be held from 6:00-8:00PM, at the Elks Theater, located at 512 6th Street in downtown Rapid City, South Dakota.
The 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. 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 Rapid City.
The movie screening will begin at 6:00PM on September 21, in the Elk’s main theater. The documentary is approximately one-hour long, and will be followed by an interactive panel discussion with representatives from law enforcement, medical response, and mental health.
- Drug Enforcement Administration
- Pennington County State’s Attorney
- Psychologist/Counselor
- Rapid City Fire Department/EMS
Individuals and community groups are encouraged to attend. The event is free and open to the public.
For further information and resources, visit DEA’s website: https://getsmartaboutdrugs.com
Texas Man Acquitted of Involuntary ManslaughterRead the Press Release
United States Attorney Randolph J. Seiler announced that a Fort Worth, Texas, man was acquitted of Involuntary Manslaughter as a result of a federal jury trial in Pierre, South Dakota, on September 8, 2016.
Daniel York, age 29, was indicted by a federal grand jury on July 14, 2015.
The charge related to the alleged accident on July 12, 2015, when an adult male was killed in a car crash in Indian country.
The investigation was conducted by the Federal Bureau of Investigation, the Rosebud Sioux Tribe Law Enforcement Services, and the Mellette County Sheriff’s Office. The U.S. Attorney's Office prosecuted the case.
Sioux Falls Man Indicted for Attempted Enticement of a MinorRead the Press Release
United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Attempted Transfer of Obscene Material to a Minor and Attempted Enticement of a Minor Using the Internet.
Kevin Dolejsi, age 30, was indicted on September 7, 2016. He appeared before U.S. Magistrate Veronica L. Duffy on September 8, 2016, and pled not guilty to the Indictment.
The penalty upon conviction is a minimum term of 10 years in custody or a lifetime maximum, and/or a $250,000 fine, 5 years of supervised release, and $5,000 to the Federal Crime Victims Fund. Restitution may also be ordered.
The events leading to the charge occurred between August 9 and August 17, 2016, in Sioux Falls.
The charge is merely an accusation and Dolejsi is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Homeland Security Investigations. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Dolejsi was released on conditions pending trial. A trial date has not been set.
Rapid City Man Indicted for Illegal Possession of a FirearmRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Possession and Sale of a Stolen Firearm.
Joseph Huddelston, age 43, was indicted on June 21, 2016. He appeared before U.S. Magistrate Judge Daneta Wollmann on September 8, 2016, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is ten years of imprisonment and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Huddelston illegally possessing a Glock 9mm pistol at Rapid City. The charge is merely an accusation and Huddleston is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms & Explosives, the Pennington County Sheriff’s Office, and the Unified Narcotics Enforcement Team. Assistant U.S. Attorney Ben Patterson is prosecuting the case.
Huddleston was remanded to the custody of the U.S. Marshals Service pending trial.
Timber Lake Woman Sentenced for Assault with a Dangerous WeaponRead the Press Release
United States Attorney Randolph J. Seiler announced that a Timber Lake, South Dakota, woman convicted of Assault with a Dangerous Weapon and Aiding and Abetting was sentenced on August 29, 2016, by U.S. District Judge Roberto A. Lange.
Melanie Buffalo, age 36, 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.
Buffalo was indicted by a federal grand jury on January 21, 2016. She pled guilty on June 6, 2016.
The conviction stems from an incident that occurred on November 5, 2015, at Timber Lake, when the victim attempted to intervene in a physical altercation that was taking place between Dustin Buffalo and one of the victim’s stepchildren. When the victim attempted to intervene in the altercation, Melanie joined Dustin Buffalo in physically assaulting the victim. Melanie hit the victim first with her fists, and then grabbed a glass and struck the victim on the side of the head, knocking him to the floor. The victim’s head was cut open and he began to bleed. While he was lying on the floor, both Melanie and Dustin Buffalo repeatedly hit and kicked the victim with shod feet.
The victim received medical treatment for his injuries, but continues to have problems with dizziness, headaches, and blurred vision because of the assault.
Dustin Buffalo was previously sentenced to 40 months for his part in the crime.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services and the Dewey County Sheriff’s Office. Assistant U.S. Attorney Jay Miller prosecuted the case.
Melanie Buffalo was immediately turned over to the custody of the U.S. Marshals Service.
Selby Woman Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Selby, South Dakota, woman convicted of Assaulting, Resisting, Opposing, and Impeding a Federal Officer was sentenced on August 29, 2016, by U.S. District Judge Roberto A. Lange.
Amanda Iron Wing, age 28, was sentenced to 21 months in custody, followed by 2 years of supervised release, $1,669.46 in restitution, and a special assessment of $100 to the Federal Crime Victims Fund.
Iron Wing was indicted by a federal grand jury on August 11, 2015. She pled guilty on June 8, 2016.
The conviction stems from a June 6, 2015, incident when a vehicle Iron Wing was driving was reported stolen. Iron Wing led law enforcement on a high-speed chase that lasted approximately 30 minutes. During the pursuit, Iron Wing was throwing alcoholic beverage containers out of the vehicle. A law enforcement officer pulled up alongside the pickup and told Iron Wing she needed to stop, but she replied that she didn’t want to. Twice during the pursuit, law enforcement officers had to take evasive action to avoid a collision with Iron Wing’s vehicle. Finally, Iron Wing backed into an approach and stopped. When a patrol car was less than 10 feet from the pickup, Iron Wing accelerated rapidly, rammed the left front corner of the patrol car, and continued west towards Highway 63. An officer set up road spike strips on Route 2 just before Highway 63, and Iron Wing drove over them and stopped. When the officers approached Iron Wing’s vehicle, she locked the doors and refused to open them. An officer broke a window to gain access and placed Iron Wing in wrist restraints. Iron Wing was cursing and swearing at the officers, and she was intoxicated, blowing a .248 on the PBT. One of the officers received a cut on his right forearm during this process.
This case was investigated by the Federal Bureau of Investigation, the Dewey County Sheriff’s Office, and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Iron Wing 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.
Allen Good Shield, age 27, was indicted on August 23, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on September 6, 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, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between August 2, 2016, and August 11, 2016, Good Shield, a person required to register under the Sex Offender Registration and Notification Act, failed to register and update his registration.
The charge is merely an accusation and Good Shield 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.
Good Shield was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Porcupine Man Convicted of Sexual ContactRead the Press Release
United States Attorney Randolph J. Seiler announced that Frank Gallardo, 39, of Porcupine, South Dakota, was found guilty of two counts of Abusive Sexual Contact at the conclusion of a three-day federal jury trial in Rapid City. The verdict was returned on August 31, 2016.
The maximum penalty is life imprisonment and/or a $250,000 fine, lifetime supervised release, a $100 special assessment to the Federal Crime Victims Fund, and restitution.
The conviction stems from Gallardo engaging in sexual contact with a female under the age of 12, near Porcupine.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
A presentence investigation was ordered and sentencing is scheduled for January 20, 2017. The defendant was remanded to the custody of the U.S. Marshals Service.
Mission Women Charged with Assault Resulting in Serious Bodily Injury and Child AbuseRead the Press Release
United States Attorney Randolph J. Seiler announced that three Mission, South Dakota, women have been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury and Child Abuse.
Verna Blue Thunder, age 41; Lorraina Lydia Stead, age 25; and Lydia Lorena Stead, age 21; were indicted on August 16, 2016. All three appeared before U.S. Magistrate Judge Mark A. Moreno and pled not guilty to the Indictment. Lydia Lorena Stead made her initial appearance on August 24, 2016, Verna Blue Thunder on August 25, 2016, and Lorraina Lydia Stead on September 1, 2016.
Verna Blue Thunder faces a mandatory minimum of 10 years, up to life in custody on the charge of assault resulting in serious bodily injury to a child. All three women face up to 15 years in custody on the child abuse charges. Each charge may result in up to 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 January 1, 2016, and June 25, 2016, Verna Blue Thunder unlawfully assaulted a child who had not attained the age of 18 years, and that assault resulted in serious bodily injury to the child.
The Indictment also alleges that between October 29, 2014, and June 25, 2016, all three women abused two minor children, who had not attained the age of seven years, and aided and abetted in the offense.
The charges are merely accusations and the Defendants are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Carrie G. Sanderson is prosecuting the case.
Lydia Lorena Stead was released on bond. Verna Blue Thunder and Lorraina Lydia were remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for November 1, 2016.
Lower Brule Man Charged with Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Johnny Walking Bull, age 32, was indicted on August 16, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on September 6, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 8 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about May 19, 2016, Walking Bull forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with an officer from the Bureau of Indian Affairs, while said officer was engaged in the performance of his official duties.
The charge is merely an accusation and Walking Bull 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.
Walking Bull was released on bond pending trial, which has been set for November 1, 2016.
Justice Department Sues South Dakota Business for Violating Employment Rights of Air National Guard MemberRead the Press Release
WASHINGTON – The Justice Department filed a complaint late yesterday alleging that BioFusion Health Products Inc., a business with headquarters in Rapid City, South Dakota, violated the employment rights of former South Dakota Air National Guard Senior Airman Amber M. Ishmael under the Uniformed Services Employment and Reemployment Rights Act (USERRA). Ishmael has served her country as part of the Air National Guard since 2010 and is currently a staff sergeant with the Missouri Air National Guard.
According to the complaint, which was filed in the U.S. District Court for the District of South Dakota, Ishmael’s military service was a motivating factor in BioFusion’s decision to both deny her request for reemployment and ultimately terminate her employment. The department claims both actions by BioFusion violated Ishmael’s rights as a servicemember to employment and reemployment under USERRA.
The complaint further alleges that in February 2015, BioFusion fired Ishmael from her position as a receptionist due to her military service and subsequently denied her application for reemployment following her active military duty. Ishmael’s employment was terminated while she was out of state attending Airmen Leadership School, which is professional military education training associated with her military service. When Ishmael requested reemployment upon return, she was explicitly denied based on her previous absence related to her military service.
“BioFusion must be held to account for its alleged wrongful termination of Staff Sgt. Ismael, who proudly serves in our Air National Guard,” said Principal Deputy Associate Attorney General Bill Baer. “The Department of Justice is committed to protecting the employment rights of those who meet their active duty commitments.”
“Staff Sergeant Ishmael served our nation with honor and distinction, and USERRA guarantees her right to return to civilian employment upon returning from military service,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “This lawsuit and the department’s Servicemembers and Veterans Initiative demonstrate our steadfast commitment to leverage every resource and tool at the federal government’s disposal to protect the rights of the men and women who defend our freedom and safeguard our way of life.”
“Members of our Air National Guard make many sacrifices, including spending months or years away from their jobs and families,” said U.S. Attorney Randolph J. Seiler of the District of South Dakota. “When our servicemembers are deployed in the service of our country, they are entitled to retain their civilian employment and to the protections of federal law that prevent them from being subject to discrimination based upon their military obligations. We are filing suit on behalf of Staff Sergeant Ishmael, a former member of the South Dakota Air National Guard, to ensure that she does not lose her rights while she was protecting ours.”
USERRA safeguards the rights of uniformed servicemembers to retain their civilian employment following absences due to military service obligations. USERRA also protects servicemembers from discrimination on the basis of their military obligations.
The lawsuit seeks damages equal to the amount of Ishmael’s lost wages and benefits caused by BioFusion’s failure to comply with USERRA. It also seeks orders requiring BioFusion’s compliance with all provisions of USERRA and requiring BioFusion to pay all related litigation fees.
Ishmael initially filed a complaint with the Department of Labor’s Veterans’ Employment and Training Service (VETS), which investigated this matter and attempted to reach a resolution between the parties. After resolution failed, VETS referred the complaint to the Justice Department’s Civil Rights Division. This lawsuit followed as a collaborative initiative between the Civil Rights Division and the U.S. Attorney’s Office of the District of South Dakota. The Justice Department gives high priority to the enforcement of servicemembers’ rights under USERRA. Additional information about USERRA can be found on the Justice Department’s websites at https://www.justice.gov/crt/employment-litigation-section and https://www.justice.gov/crt-military, as well as on the Department of Labor’s website at www.dol.gov/vets/programs/userra/main.htm.
Eagle Butte Man Sentenced for 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 Failure to Register as a Sex Offender was sentenced on August 30, 2016, by U.S. District Judge Roberto A. Lange.
Cletis Creek, age 54, was sentenced to 12 months and one day in custody, followed by 5 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.
Creek was indicted by a federal grand jury on May 17, 2016. He pled guilty on June 14, 2016.
Creek was convicted of Sexual Contact with a Person Incapable of Consenting in Sixth Judicial Circuit, Hughes County, South Dakota, in January 2008. He was sentenced to 4 years in the State Penitentiary. Creek is required to register quarterly as a sex offender for the rest of his life. In October 2015, Creek registered with an address in Eagle Butte. He was to register next in January 2016. On January 8, 2016, a sex offender registry compliance officer met with Creek and inquired when he would be coming in to register. Creek became irate and advised the he would not be coming in to register and that he was going to register only once a year. Creek did not register in January or before the end of April 2016, the end of the next three-month cycle.
This case was investigated by the U.S. Marshals Service and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Creek was immediately turned over to the custody of the U.S. Marshals Service.
Justice Department Sues South Dakota Business for Violating Employment Rights of Air National Guard MemberRead the Press Release
The Justice Department filed a complaint late yesterday alleging that BioFusion Health Products Inc., a business with headquarters in Rapid City, South Dakota, violated the employment rights of former South Dakota Air National Guard Senior Airman Amber M. Ishmael under the Uniformed Services Employment and Reemployment Rights Act (USERRA). Ishmael has served her country as part of the Air National Guard since 2010 and is currently a staff sergeant with the Missouri Air National Guard.
According to the complaint, which was filed in the U.S. District Court for the District of South Dakota, Ishmael’s military service was a motivating factor in BioFusion’s decision to both deny her request for reemployment and ultimately terminate her employment. The department claims both actions by BioFusion violated Ishmael’s rights as a servicemember to employment and reemployment under USERRA.
The complaint further alleges that in February 2015, BioFusion fired Ishmael from her position as a receptionist due to her military service and subsequently denied her application for reemployment following her active military duty. Ishmael’s employment was terminated while she was out of state attending Airmen Leadership School, which is professional military education training associated with her military service. When Ishmael requested reemployment upon return, she was explicitly denied based on her previous absence related to her military service.
“BioFusion must be held to account for its alleged wrongful termination of Staff Sgt. Ishmael, who proudly serves in our Air National Guard,” said Principal Deputy Associate Attorney General Bill Baer. “The Department of Justice is committed to protecting the employment rights of those who meet their active duty commitments.”
“Staff Sergeant Ishmael served our nation with honor and distinction, and USERRA guarantees her right to return to civilian employment upon returning from military service,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “This lawsuit and the department’s Servicemembers and Veterans Initiative demonstrate our steadfast commitment to leverage every resource and tool at the federal government’s disposal to protect the rights of the men and women who defend our freedom and safeguard our way of life.”
“Members of our Air National Guard make many sacrifices, including spending months or years away from their jobs and families,” said U.S. Attorney Randolph J. Seiler of the District of South Dakota. “When our servicemembers are deployed in the service of our country, they are entitled to retain their civilian employment and to the protections of federal law that prevent them from being subject to discrimination based upon their military obligations. We are filing suit on behalf of Staff Sergeant Ishmael, a former member of the South Dakota Air National Guard, to ensure that she does not lose her rights while she was protecting ours.”
USERRA safeguards the rights of uniformed servicemembers to retain their civilian employment following absences due to military service obligations. USERRA also protects servicemembers from discrimination on the basis of their military obligations.
The lawsuit seeks damages equal to the amount of Ishmael’s lost wages and benefits caused by BioFusion’s failure to comply with USERRA. It also seeks orders requiring BioFusion’s compliance with all provisions of USERRA and requiring BioFusion to pay all related litigation fees.
Ishmael initially filed a complaint with the Department of Labor’s Veterans’ Employment and Training Service (VETS), which investigated this matter and attempted to reach a resolution between the parties. After resolution failed, VETS referred the complaint to the Justice Department’s Civil Rights Division. This lawsuit followed as a collaborative initiative between the Civil Rights Division and the U.S. Attorney’s Office of the District of South Dakota. The Justice Department gives high priority to the enforcement of servicemembers’ rights under USERRA. Additional information about USERRA can be found on the Justice Department’s websites at https://www.justice.gov/crt/employment-litigation-section and https://www.justice.gov/crt-military, as well as on the Department of Labor’s website at www.dol.gov/vets/programs/userra/main.htm.
BioFusion Health Products Complaint
United States District Court Affirms Piedmont Woman’s Conviction and Sentence for Collecting Signatures on United States Postal Service PropertyRead the Press Release
United States Attorney Randolph J. Seiler announces that the United States District Court has affirmed the federal conviction and sentence of Roberta Helmerick. Helmerick was convicted in federal district court in Rapid City of Collecting Signatures on United States Post Office Property, after being warned repeatedly by postal personnel and the Rapid City Police that her signature collecting violated federal regulations. The magistrate judge who heard the case imposed a $200 fine after convicting Helmerick.
During the trial, the magistrate judge heard that Helmerick was advised repeatedly that collecting signatures on a petition on post office property was a violation of federal regulations. Despite numerous requests from postal personnel and officers with the Rapid City Police Department to move her signature collection activities to sidewalks around the post office, Helmerick continued collecting signatures, even after other members of the group she belonged to had moved to the sidewalks.
In her appeal, Helmerick argued the Postal regulations were not posted sufficiently to provide notice of their requirements. In a published opinion, the district court affirmed the magistrate judge’s verdict in all respects, concluding Helmerick had received actual notice of the regulations.
Assistant U.S. Attorney Eric Kelderman prosecuted the case at trial and handled the appeal for the government. The investigation was conducted by the United States Postal Inspection Service and the Rapid City Police Department.
St. Francis Woman Charged with Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, woman has been indicted by a federal grand jury for Assaulting, Resisting, Opposing, and Impeding a Federal Officer.
Traelyn Lashae McCloskey, age 18, was indicted on August 16, 2016. She appeared before U.S. Magistrate Judge Mark A. Moreno on August 25, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 8 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on May 7, 2016, McCloskey forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with an officer from the Rosebud Sioux Tribe, while said officer was performing his official duties.
The charge is merely an accusation and McCloskey 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.
McCloskey was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
St. Francis Man Charged with Repeated Harassing Communications and StalkingRead 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 Obscene Telephone Call, Anonymous Telephone Call, Repeated Telephone Call, Repeated Harassing Communications, and Stalking.
Calvin Richard Spotted Tail, age 36, was indicted on May 17, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 25, 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 for each count. Restitution may also be ordered.
The Indictment alleges that between June 9, 2011, and July 16, 2014, Spotted Tail made numerous obscene telephone calls, anonymous telephone calls, and repeated telephone calls to several women and businesses.
The charges are merely accusations and Spotted Tail is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, Rosebud Sioux Tribe Law Enforcement Services, Rapid City Police Department, and the Cherry County Police Department. Assistant U.S. Attorney Carrie G. Sanderson is prosecuting the case.
Spotted Tail was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Mission Man Charged with AssaultRead 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 Domestic Assault by an Habitual Offender and Assaulting, Opposing, Resisting, and Impeding a Federal Officer.
Charles Black Spotted Horse, age 24, was indicted on August 16, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 25, 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 for each count. Restitution may also be ordered.
The Indictment alleges that on April 29, 2016, Black Spotted Horse unlawfully assaulted his spouse when, at the time of the domestic assault, Black Spotted Horse had a final conviction on at least two prior occasions for offenses that have been, if subject to federal jurisdiction, an assault against a spouse and intimate partner. The Indictment also alleges that on or about April 29, 2016, Black Spotted Horse forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with an officer from the Rosebud Sioux Tribe, while that officer was engaged in the performance of his official duties.
The charges are merely an accusation and Black Spotted Horse is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk W. Albertson is prosecuting the case.
Black Spotted Horse was released on bond pending trial. A trial date has not been set.
Mellette County Man Sentenced to 33 Months for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mellette County, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on August 4, 2016, by U.S. District Judge Roberto A. Lange.
Ty Wesley Clifford, age 23, was sentenced to 33 months in custody, followed by 3 years of supervised release, a $1,000 fine, and a $100 special assessment to the Federal Crime Victims Fund. Clifford was also ordered to forfeit U.S. currency and two handguns seized by law enforcement in September 2015.
Clifford was indicted for Conspiracy to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person by a federal grand jury on January 21, 2016. He pled guilty to Conspiracy to Distribute a Controlled Substance on June 1, 2016.
From May 2014 through September 2015, Clifford received and distributed methamphetamine in South Dakota. The individuals who provided Clifford with large amounts of methamphetamine knew he intended to engage in further distribution. It was reasonably foreseeable to Clifford that more than 50 grams of methamphetamine would be distributed during the course of this conspiracy.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Clifford was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on August 29, 2016, by U.S. District Judge Roberto A. Lange.
Carlin Brings Horse, Jr., age 38, was sentenced to 6 months in custody, 6 months in home confinement, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Brings Horse was indicted by a federal grand jury on November 10, 2015. He pled guilty on May 31, 2016.
The conviction stemmed from an incident in the late evening on June 21, 2015, when Carlin Brings Horse, Jr., went to the Indian Health Services emergency room with his mom and sister, after taking “new meth” claiming he was hallucinating. He was checked out medically and offered a shot of Ativan but refused it, as well as a transfer to behavioral health. Brings Horse was then released from the emergency room. A few hours later, in the early morning hours of June 22, 2015, Brings Horse and his family arrived back at the emergency room, claiming his chest hurt and his heart was racing again from the “new meth.” Brings Horse also admitted to drinking alcohol and using marijuana that night. He again refused treatment.
Law enforcement arrived at the emergency room and took Brings Horse into tribal protective custody. Once at the detention center, Brings Horse was booked into a holding cell with another inmate.
Brings Horse began to splash urine water on the other inmate in his cell. Correctional officers entered the cell and told Brings Horse to stop splashing urine water on his cellmate. Brings Horse refused to follow commands and instead splashed urine water on the officers. He was directed to stop and get on the ground. Brings Horse refused and got into a fighting stance. He was told again to get on the ground but refused. The officers approached Brings Horse and a physical altercation began. Brings Horse swung at and hit both officers. One of the officer was able to get Brings Horse around the waist and partially over his shoulder. Brings Horse then bit the officer twice on the back through his shirt. Also during the struggle, the second officer was kicked in the groin area and sustained scrapes to his hand. The officers were finally able to secure Brings Horse in leg and wrist restrains.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Brings Horse was immediately turned over to the custody of the U.S. Marshals Service.
Mission Woman Charged with Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, woman has been indicted by a federal grand jury for Assaulting, Resisting, Opposing, and Impeding a Federal Officer.
LaShay Shields, age 21, was indicted on July 19, 2016. She appeared before U.S. Magistrate Judge Mark A. Moreno on August 23, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 8 years each in custody and/or a $250,000 fine, 3 years each of supervised release, and $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on June 13, 2016, Shields assaulted, resisted, opposed, impeded, intimidated and interfered with several officers from the Rosebud Sioux Indian Tribe, while said officers were engaged in their official duties.
The charges are merely accusations and Shields 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.
Shields was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Mission Man Charged with Kidnapping, Assault by Strangulation and Suffocation, and Child AbuseRead 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 Kidnapping, Assault by Strangulation and Suffocation, and two counts of Child Abuse.
Paris James Bordeaux, age 26, was indicted on August 16, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 23, 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 $400 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on July 24, 2016, Bordeaux knowingly and willfully seized, confined, inveigled, decoyed, kidnapped and carried away his intimate and dating partner and held her for the purpose of assaulting her. On that same date, Bordeaux unlawfully assaulted his partner by strangling, suffocating, and attempting to do so. Two young children were subjected to the assault.
The charges are merely accusations and Bordeaux 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.
Bordeaux was released on bond pending trial. A trial date has not been set.
Eagle Butte Woman Charged with Distribution of a Controlled SubstanceRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, woman has been indicted by a federal grand jury for three counts of Distribution of a Controlled Substance.
Ree Amber Eagle Staff, age 34, was indicted on August 16, 2016. She appeared before U.S. Magistrate Judge Mark A. Moreno on August 25, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $1,000,000 fine, at least 3 years and up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on three different days in July of 2016, Eagle Staff knowingly and intentionally distributed methamphetamine, a Scheduled II controlled substance.
The charges are merely accusations and Eagle Staff is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Eagle Staff was released on bond pending trial. Trial has been set for October 18, 2016.
Eagle Butte Man Charged with Distribution of a Controlled SubstanceRead 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.
Tyson Curtis LeCompte, a/k/a Tyson Garreaux, age 22, was indicted on August 16, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 24, 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, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on two different days in June of 2016, LeCompte knowingly and intentionally distributed methamphetamine, a Scheduled II controlled substance.
The charges are merely accusations and LeCompte is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
LeCompte was remanded to the custody of the U.S. Marshals Service pending trial. Trial has been set for October 18, 2016.
Sex Trafficking Operation Results in ArrestsRead the Press Release
PIERRE, S.D. - Attorney General Marty Jackley, United States Attorney Randolph J. Seiler, Rapid City Police Chief Karl Jegeris, and Pennington County Sheriff Kevin Thom announce that the Division of Criminal Investigation, the South Dakota Internet Crimes Against Children (ICAC) Task Force, and Homeland Security Investigations have conducted investigations into sex trafficking in Rapid City.
“It is important that we protect our children with law enforcement operations that focus on removing sexual predators from our streets. Our operations continue to protect children and send a message that South Dakota is off-limits to anyone seeking to harm our children,” said Jackley.
“Despite the intense publicity and focus on human trafficking these past few years, these undercover operations serve as a somber reminder that some people will throw caution to the wind and succumb to their perverted instincts,” said U.S. Attorney Randy Seiler. “I’m proud of the joint collaboration displayed by law enforcement and our united efforts to bring sex traffickers to justice.”
The investigation resulted in the following felony arrests for sex crimes:
Marshall Brown, 26, Ellsworth AFB, SD, Attempted Enticement of a Minor Using the Internet (18 USC 2422(b)) and Attempted Transfer of Obscene Material to a Minor (18 USC 1470)
Duane Hosek, 61, Rapid City, SD, Attempted Enticement of a Minor Using the Internet (18 USC 2422(b)) and Attempted Transfer of Obscene Material to a Minor (18 USC 1470)
Ryan Kammerer, 26, Box Elder, SD, Attempted Enticement of a Minor Using the Internet (18 USC 2422(b))
Brendan Leiter, 24, Elkhart, IN, Attempted Enticement of a Minor Using the Internet (18 USC 2422(b))
Noah Schottenstein, 27, Rapid City, SD, Attempted Enticement of a Minor Using the Internet (18 USC 2422(b))
Andries Snyman, 42, Isabel, SD, Attempted Enticement of a Minor Using the Internet (18 USC 2422(b))
Cody Two Lance, 33, Rapid City, SD, Attempted Enticement of a Minor Using the Internet (18 USC 2422(b)) and Attempted Transfer of Obscene Material to a Minor (18 USC 1470)
Joel Zupnik, 51, Ft. Collins, CO, Attempted Enticement of a Minor Using the Internet (18 USC 2422(b))
The mandatory minimum penalty upon conviction for Attempted Enticement of a Minor Using the Internet is 10 years in prison, up to life. Hosek, Two Lance, and Brown, could face an additional 10 years in prison if convicted of the Attempted Transfer of Obscene Material to a Minor.
All these individuals are presumed innocent until such time as proven guilty.
The Attorney General’s Office would like to extend its appreciation to the Rapid City Police Department, Pennington County Sheriff’s Office, Sturgis Police Department and Homeland Security Investigations for their efforts and continued cooperation.
Two Men Sentenced in Methamphetamine ConspiracyRead the Press Release
United States Attorney Randolph J. Seiler announced that two former residents of the Brookings, South Dakota, area, convicted of conspiracy to distribute methamphetamine, were sentenced on August 19, 2016, by U.S. District Court Judge Karen E. Schreier.
Javier Santos Garcia-Hernandez, age 33, and Juan Francisco Herrera-Rodriguez, age 26, were both sentenced to 121 months in prison, to be followed by 3 years of supervised release. They were also ordered to pay $100 each to the Federal Crime Victims Fund.
Garcia-Hernandez and Herrera-Rodriguez were indicted for Conspiracy to Distribute Methamphetamine by a federal grand jury on May 24, 2016. They were found guilty of the offense on June 3, 2016, after a four-day jury trial.
Beginning in April 2015, the defendants worked together to distribute methamphetamine in Brookings County. They recruited others to sell methamphetamine for them during the conspiracy. Confidential informants working with law enforcement purchased methamphetamine from the defendants on multiple occasions. Several recorded buys were made, and the defendants provided over 200 grams of pure methamphetamine to the informants for distribution. They were arrested on September 15, 2015.
This case was investigated by the South Dakota Division of Criminal Investigation and the Drug Enforcement Administration. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
Both men were immediately turned over 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 August 15, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Steven Steele, 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.
Steele pleaded guilty to the charge on April 22, 2016. The conviction stems from Steele 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. Attorney Megan Poppen prosecuted the case.
Steele was immediately returned to the custody of the U.S. Marshals Service.
Parmelee Man Sentenced for Assaulting, Resisting,Opposing, and Impeding a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Parmelee, South Dakota, man convicted of Assaulting, Resisting, Opposing, and Impeding a Federal Officer was sentenced on August 15, 2016, by U.S. District Judge Roberto A. Lange.
Joseph R. Morrisette, III, age 46, was sentenced to one year and one day in custody, followed by two years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Morrisette was indicted by a federal grand jury on April 13, 2016. He pled guilty on June 8, 2016.
The conviction stemmed from an incident on March 15, 2016, when an officer with the Rosebud Sioux Tribe Law Enforcement Services responded to a request for assistance. A woman contacted dispatch in order to have Morrisette removed from the residence, due to his drinking. The officer arrived at the location and made contact with Morrisette. After a field sobriety test was administered by the officer, Morrisette became uncooperative and pulled away from the officer when he attempted to restrain him. An altercation ensued. The officer deployed a burst of pepper spray in Morrisette’s face, and while the officer was attempting to place handcuffs on Morrisette, he struck the officer. The officer deployed a second burst of pepper spray and Morrissette charged at the officer. Morrissette attempted to push the officer out the rear door and down the steps from the top floor of the house. Both the officer and Morrisette ended up outside of the home. Morrisette went back inside the house and locked the door. The officer kicked the door open and Morrisette charged out of the house, swinging a chair at the officer. The officer was able to grab Morrisette’s hands and dropped him to his knees. Morrisette then became compliant with the officer.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.
Morrisette was immediately turned over to the custody of the U.S. Marshals Service.
Kyle Man Sentenced for Assaulting a WomanRead the Press Release
United States Attorney Randolph J. Seiler announced that a Kyle, South Dakota, man convicted of Assault With a Dangerous Weapon was sentenced on August 16, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Adam Shangreaux, age 29, was sentenced to 33 months of imprisonment, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Shangreaux was charged on November 17, 2015, and pleaded guilty on April 29, 2016. The conviction stems from Shangreaux assaulting a woman at Kyle, causing a collapsed lung and abdominal injuries.
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.
Shangreaux was immediately turned over to the custody of the U.S. Marshals Service.
Eighth Circuit Court of Appeals Affirms Conviction and Sentence in Drug Conspiracy CaseRead the Press Release
United States Attorney Randolph J. Seiler announces that the Eighth Circuit Court of Appeals has affirmed the conviction and sentence of Lona Lee Colhoff who was found guilty by a federal jury of two counts of conspiracy to distribute a controlled substance and one count of attempted witness tampering. The district court sentenced Colhoff to concurrent 45-month sentences for each conviction.
In her appeal, Colhoff challenged the sufficiency of the evidence on the witness-tampering conviction and asserts that the statement underlying her conviction was protected expression under the First Amendment. She also argued that the conspiracy charges were improperly joined with the witness tampering charge.
The case involved the prosecution of a drug distribution network headed by Colhoff’s brother. Her brother relied on a network of family members and friends to transport, store, and distribute cocaine and marijuana on and around the Pine Ridge Indian Reservation.
Because there was a reasonable basis to conclude that Colhoff and a co-defendant were involved in a common scheme to distribute drugs, the district court did not plainly err by permitting joinder of Colhoff’s conspiracy charges with the charge that she attempted to tamper with a witness against a co-defendant.
Assistant United States Attorney Ted L. McBride prosecuted the case at the district court level and handled the appeal for the government. The case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force.
Eighth Circuit Court of Appeals Affirms 20-Year Sentence for Elementary School Custodian who was Enticing MinorsRead the Press Release
United States Attorney Randolph J. Seiler announces that the Eighth Circuit Court of Appeals has affirmed the sentence of Casey James Godfrey who pled guilty on January 14, 2015, to one count of Enticement of a Minor by Use of the Internet. Godfrey was sentenced in June 2015 by Chief Judge Jeffrey L. Viken, U.S. District Court, to 20 years’ imprisonment, followed by 20 years of supervised release.
“As the two federal courts that have now reviewed this case have said, the punishment here is not only deserved for this terrible crime, but it should serve as a lesson for anyone else considering victimizing others, especially our children,” U.S. Attorney Seiler said. “Federal sentences contain no potential for parole, and so a 20-year sentence should be a wake-up call for internet predators.”
Godfrey worked as a custodian at an elementary school in Rapid City, South Dakota, from July 2013 until January 2014. On December 17, 2013, he emailed – unbeknownst to Godfrey – a Nebraska law enforcement officer who was conducting an online investigation by posing as a 14-year-old girl. He communicated with the officer by email and text messages for about one month. During that time, Godfrey asked for nude photos of the child and also sent the undercover agent nude images of himself, standing in front of a bathroom mirror at the school. Godfrey also expressed sexual interest in an 11-year-old female student who attended the school where he worked.
He was arrested on January 23, 2014. Search warrants served on various internet and email providers revealed that Godfrey had also exchanged images of child pornography with other individuals and had communicated with minors, trying to entice them to send him illicit photographs of themselves. Godfrey convinced two minor females, one from Illinois and one from Texas, to provide him nude images of themselves.
At sentencing, the district court determined that, to send a clear message to the public, it was necessary to sentence Godfrey above the recommended range of the federal Sentencing Guidelines. The court expressed particular concern that Godfrey used the school to create and transmit photos during his attempt to induce a minor victim. The court also reasoned that Godfrey’s actions in a public setting required heightened protection from future predatory conduct.
The Eighth Circuit found that the district court did not abuse its discretion in sentencing Godfrey as it did. The appellate court reasoned that “Congress specifically made general deterrence an appropriate consideration, and we have described it as ‘one of the key purposes of sentencing.’”
Assistant U.S. Attorney Sarah Boensch Collins prosecuted the case and handled the appeal for the government. The case was investigated by the South Dakota Internet Crimes Against Children Task Force, South Dakota Division of Criminal Investigation, Pennington County Sheriff’s Office, Nebraska State Patrol, Chadron Police Department, Illinois Internet Crimes Against Children Taskforce, Montgomery County Illinois Sheriff’s Office, and the Texas Attorney General’s Office.
Avera, U.S. Attorney’s Office, and Children’s Home Society Host Child Sexual Abuse ConferenceRead the Press Release
Media are invited Thursday, Aug. 18, to the Sioux Falls Convention Center. Media may come and film a portion of Matthew Sandusky’s presentation at 9:30 a.m. in the convention center ballroom, followed by a press conference at 10:05 a.m. in Meeting Room 9. At the press conference, keynote speaker Matthew Sandusky will give comments and will be available for interviews, along with State Senator Deb Soholt, and U.S. Attorney Randolph Seiler.
SIOUX FALLS (Aug. 16, 2016) – A Child Sexual Abuse Conference will be held Thursday, Aug. 18 and Friday, Aug. 19 at the Sioux Falls Convention Center in Ballrooms A and B. This event is sponsored by Avera, the U.S. Attorney’s Office of South Dakota, and Children’s Home Society.
“Child sexual abuse is one of the most devastating criminal activities we face. In South Dakota, it’s estimated that child sexual abuse impacts 4,000 children every year – and these are only the kids we know about. The actual number is much higher, because abuse is often hidden for years, and some victims never tell. Through this event, we hope to have a lasting impact in our community, region and state,” said Randolph Seiler, U.S. Attorney for the District of South Dakota.
Keynote speakers include:
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Matthew Sandusky, Founder and Executive Director of Peaceful Hearts Foundation, and a victim of childhood sexual abuse at the hands of his adopted father, Jerry Sandusky.
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Erin Merryn, childhood sexual abuse survivor, and now author and advocate for the abused. She has been named 2012 Glamour Magazine Woman of the Year and among “HEROES Among Us” in People Magazine in 2013.
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Robert Anda, MD, co-founder of the Adverse Childhood Experiences – or ACE Study – with the Centers for Disease Control and Prevention (CDC).
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Victor Vieth, JD, Founder and Senior Director of the Gundersen National Child Protection Training Center, in Winona, Minn., and author of a groundbreaking journal article: “Unto the Third Generation: A Call to End Child Abuse in the United States within 120 Years.”
This is the third annual conference sponsored by Avera and the U.S. Attorney’s Office, along with other community sponsors, to explore issues of justice, well-being and safety in our state and region. Past topics have included human trafficking and living with disabilities.
“This year, we sought to bring together a group of people concerned for stopping the horrors that children experience in the form of sexual abuse,” said Deb Soholt, Women’s Health for Avera Medical Group, as well as South Dakota State Senator representing District 14 in Sioux Falls.
Throughout this two-day event, the goal is to open up a larger conversation between people from all walks of life in South Dakota. Attendees represent the legal system, government, health care, education, social work, ministries and more.
A turnout of over 350 is expected. “This high turnout demonstrates our collective need to move forward toward bring about real and significant change,” Soholt added.
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Wakpala Man Sentenced for Abusive Sexual ContactRead the Press Release
United States Attorney Randolph J. Seiler announced that a Wakpala, South Dakota, man convicted of Abusive Sexual Contact was sentenced on August 15, 2016, by U.S. District Judge Charles B. Kornmann.
Charles Edward Gabe, age 20, was sentenced to 60 months in custody, 5 years of Supervised Release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Gabe was indicted by a federal grand jury on January 21, 2016. He pled guilty on May 9, 2016.
The conviction stemmed from an incident on January 4, 2016, when a Special Agent (SA) with the Bureau of Indian Affairs (BIA) was dispatched to Mobridge regional hospital for an interview with a minor female, who reported being sexually assaulted by her cousin, Charles Edward Gabe. Earlier in the evening, the victim was sitting downstairs in the living room at her home in Wakpala, South Dakota, when her mom informed her that she was leaving to run an errand. About this same time, Gabe entered the living room and looked out a window to make sure the victim’s mother had left. Gabe closed the curtain to the window and began to tickle and kiss the victim on the neck. Gabe then proceeded to get on top of the victim and shoved his hand down her pants, penetrating her vagina with one of his fingers. The victim tried to get him off of her but could not due to his size and weight. Gabe continued the assault by pulling out his penis and placing the victim’s hand on it. The victim began to cry, at which time Gabe discontinued the assault and fled back to his room.
The following day, Gabe admitted to touching the victim’s vaginal area with his hand, inserting his finger into the victim’s vagina, and placing the victim’s hand on his penis during the encounter.
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Gabe was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Woman Sentenced for Mail FraudRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, woman convicted of Mail Fraud was sentenced on August 15, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Danelle Arlene Newman, a/k/a Danelle Marshall, age 36, was sentenced to five years’ probation and ordered to pay a $100 special assessment to the Federal Crime Victims Fund and $23,246.95 in restitution.
Newman was charged on November 17, 2015, and pled guilty on April 29, 2016. The charge related to Newman fraudulently completing and mailing deeds to restricted Indian lands belonging to her mother to the Office of Special Trustee for American Indians and then using the money for her personal benefit.
This case was investigated by the Department of Interior, Office of Inspector General. Assistant U.S. Attorney Ben Patterson 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 August 15, 2016, by U.S. District Judge Roberto A. Lange.
Jeremy Eagle Bear, age 26, was sentenced to 12 months and one day in custody, 5 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.
Eagle Bear was indicted by a federal grand jury on April 13, 2016. He pled guilty on June 7, 2016.
Eagle Bear was convicted of Sexual Abuse of a Minor in federal court in January 2014. He was sentenced to 18 months of custody, followed by 6 years of supervised release. Eagle Bear is required to register as a sex offender for 25 years following his conviction and to update his registration within three business days of relocating or changing employment. In October 2015 Eagle Bear registered with an address in Rapid City. On December 10, 2015, Eagle Bear was to report to the U.S. Probation Office in Pierre, South Dakota, and he failed to do so. On December 15, 2015, the probation office was unable to locate Eagle Bear at his apartment in Rapid City, and an arrest warrant was issued. In March 2016, Eagle Bear was found living in Parmelee, South Dakota, and he was arrested. Eagle Bear did not update his sex offender registration between December 2015 and March 2016.
This case was investigated by the U.S. Marshals Service and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Eagle Bear was immediately turned over to the custody of the U.S. Marshals Service.
New Effington Man Sentenced for Illegal Use of the InternetRead the Press Release
United States Attorney Randolph J. Seiler announced that a New Effington, South Dakota, man convicted of Attempted Trafficking in Involuntary Servitude or Forced Labor was sentenced on August 15, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Toby Magnuson, a/k/a “Scooby,” age 45, was sentenced to 6 years of imprisonment and 3 years of supervised release and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Magnuson 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 Magnuson 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 Magnuson 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 $100.
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.
Magnuson was immediately turned over to the custody of the U.S. Marshal's Service.
Lower Brule Man Charged with Assaulting, Resisting, and Impeding a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Jade LaRoche, age 36, was indicted on July 19, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 15, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about April 18, 2016, LaRoche assaulted, resisted, opposed, and interfered with two agents from the Bureau of Indian Affairs while they were engaged in the performance of their official duties.
The charge is merely an accusation and LaRoche is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, and the Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
LaRoche was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Kenel Man Sentenced for Aggravated Sexual Abuse and Other Domestic Violence ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Kenel, South Dakota, man was sentenced on August 15, 2016, by U.S. District Judge Charles B. Kornmann.
Denny Johnson, age 31, was sentenced to 360 months in custody, 5 years of Supervised Release, and a special assessment to the Federal Crime Victims Fund in the amount of $410.
Johnson was indicted by a federal grand jury on June 17, 2014. From May 10, 2016, to May 12, 2016, following a 3-day federal jury trial in Aberdeen, South Dakota, Johnson was found guilty of 2 counts of Aggravated Sexual Abuse by Force, Assault with a Dangerous Weapon, Domestic Assault by an Habitual Offender, and Simple Assault.
The convictions stemmed from incidents between December 29, 2013 and January 10, 2014, when Johnson, who had been in a tumultuous and violent relationship since early 2000 with the victim, began to physically and emotionally abuse her. Upon arriving home, Johnson began yelling at her because he had been watching her at work and saw her interacting with a co-worker.
As Johnson was displaying hostility, the victim began to gather her belongings so she could leave. She put her clothes in a suit case and headed out of the house. As she opened the door to leave, Johnson suddenly slammed the door shut, told her she was not leaving, grabbed her by her jacket collar, jerked her to the floor, and assaulted her. As she was lying on the floor, Johnson began to repeatedly kick her on the small of her back. He knew that she had injured her back previously, which is why he was kicking her there.
The victim was able to get up and attempted to escape. Johnson again grabbed her by the jacket, but this time he cut it off of her with a large army knife he had grabbed, chased her into his bedroom, with the knife still in his hand. He also began throwing household items at her, striking her on the forehead.
Johnson retrieved her suitcase, opened it, and started taking her clothing out and cutting it with the knife. The victim tried escape out a window, but she was so nervous she could not unlock the window. Johnson returned and began walking towards her and menaced her with the knife, which was still in his hand. The victim was in a fetal position, and Johnson verbally abused her as she pleaded with him. He used the knife to cut her clothes off. After removing her undergarments with the knife, he threw her to the ground. Thereafter, he threw the knife at her, sticking it in the floor beside her, and he told her to kill herself because he could not do it. The victim refused, stating she had her children to live for so she would not kill herself.
Johnson retrieved the knife, and kicked her as she tried to crawl away from him. When she cried out, he told her to be quiet or he would kill her. Johnson then urinated on the victim. After urinating on her, Johnson told her that she stunk and ordered her to get into the shower. He turned on the cold water only and forced her to stay under the water as he poured shampoo, soap, liquid hand soap, dish soap, a bottle of Mr. Clean, and some Clorox on her head and face. He tried to dilute her with cleaning chemicals. The victim was pleading with him to stop, but Johnson grabbed a mop bucket with dirty water in it and dumped that on her as well. Following this, he ordered her out of the shower and told her to go to a bedroom. Johnson made sure that she did not have any clothes. Johnson came into the room and raped the victim in several ways. During the sexual abuse, he hit her in the face, held a knife to her throat, and forced her to perform oral sex on him.
This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Johnson was immediately turned over to the custody of the U.S. Marshals Service.
Bullhead Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Bullhead, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on August 15, 2016, by U.S. District Judge Charles B. Kornmann.
Mario Delaney Crow Ghost, age 45, was sentenced to 10 months in custody, 8 years of Supervised Release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Crow Ghost was indicted by a federal grand jury on March 15, 2016. He pled guilty on June 12, 2016.
The conviction stemmed from Crow Ghost failing to register as a sex offender from October 19, 2015, to March 15, 2016, when Crow Ghost had been convicted in U.S. District Court, District of South Dakota, for Sexual Abuse of a Minor.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Crow Ghost was immediately turned over to the custody of the U.S. Marshals Service.
Allen Man Pleads Not Guilty to Involuntary Manslaughter and AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that an Allen, South Dakota, man has been indicted by a federal grand jury for Involuntary Manslaughter and Assault Resulting in Serious Bodily Injury.
Jeff Sitting Bear, Jr., age 43, was indicted on July 26, 2016. Sitting Bear appeared before U.S. Magistrate Judge Daneta Wollmann on August 12, 2016, and plead 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 charges relate to Sitting Bear committing the offenses by driving a motor vehicle in the wrong lane of traffic while under the influence of alcohol. Sitting Bear collided head on with a motorcycle being driven by the victim on July 2, 2016, near Kyle.
The charges are merely accusations and Sitting Bear 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, the South Dakota Highway Patrol, and the Federal Bureau of Investigation. Assistant U.S. Attorney Megan Poppen is prosecuting the case.
Sitting Bear was released on bond pending trial. A trial date has been set for October 18, 2016.
Eighth Circuit Court of Appeals Affirms Drug Trafficker's Life SentenceRead the Press Release
United States Attorney Randolph J. Seiler announces that the Eighth Circuit Court of Appeals has affirmed the life sentence of Luciano Camberos-Villapuda who was convicted in March 2015 by a federal jury in Sioux Falls of conspiracy to distribute 500 grams or more of methamphetamine.
“This prosecution ended the career of a significant interstate drug trafficker, responsible for polluting our South Dakota communities with methamphetamine,” U.S. Attorney Seiler said. “Today’s decision upholding his life sentence without parole should serve as a cautionary tale to anyone involved in the illegal drug trade.”
In May 2013, police in Denver received a tip that an out-of-state vehicle would be delivering methamphetamine to a home there. Denver police conducted surveillance of the area. In the early morning hours, as he was walking in the neighborhood’s alley, one of the detectives observed a man, later identified as Camberos, using a flashlight to work under an SUV.
The detective was suspicious that Camberos was making a “vehicle hide”—an alteration made to a vehicle’s frame, in which narcotics, weapons, and firearms can be hidden. He and other officers approached Camberos and questioned him. When questioned, Camberos gave various conflicting, suspicious statements, such as not knowing who owned the vehicle, that he did not know who lived in the house and had not been inside, but then later he said he was staying there. The officers secured the residence and pursued a search warrant. Officers were concerned that others within the home might dispose of evidence or present a safety risk. There was also concern that Camberos might be attempting to burglarize the residence. As they secured the residence, officers saw methamphetamine and drug paraphernalia.
After obtaining a warrant, the officers searched the SUV and the home. They seized two handguns, over 200 grams of methamphetamine, and $80,000. Camberos was charged with conspiracy to distribute 500 grams or more of methamphetamine. He moved to suppress evidence seized and statements he made to the police in Denver, and that motion was denied.
A jury found Camberos guilty of the conspiracy charge. Evidence at trial showed that, among other places, Camberos was trafficking drugs to South Dakota, including shipments made to Yankton. Because Camberos had been convicted previously of two felony drug offenses, he was subject to a mandatory life sentence.
Camberos appealed, arguing that the district court erred in denying his motion to suppress evidence and that his life sentence violated the Constitution. The Eighth Circuit Court of Appeals found that the district court properly denied the motion to suppress physical evidence. The appellate court reasoned that Camberos abandoned any privacy right to the searched property when he told officers they were not his.
Camberos’s challenge to his life sentence also failed. The appellate court cited its own precedent and Congress’s clear intent to subject recidivist federal drug offenders to a mandatory life sentence.
Assistant United States Attorney John Haak prosecuted the case, and Assistant United States Attorney Dennis Holmes argued the appeal for the government. The case was investigated by the Denver Police Department and the Drug Enforcement Administration.
Porcupine Woman Indicted in Death of ChildRead the Press Release
United States Attorney Randolph J. Seiler announced that a Porcupine, South Dakota, woman has been indicted by a federal grand jury for First Degree Murder, Felony Child Abuse-Aggravated Battery of an Infant, and Felony Child Abuse & Neglect.
Katrina Shangreaux, a/k/a Katrina White Whirlwind, age 28, was indicted on August 9, 2016. Shangreaux appeared before U.S. Magistrate Judge Daneta Wollmann on August 10, 2016, and pleaded not guilty to the Indictment. The penalty upon conviction is mandatory life imprisonment and/or a $250,000 fine and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Shangreaux inflicting blunt trauma to a child, causing his death. The charges are merely an accusation and Shangreaux is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, the Bureau of Indian Officers 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.
Shangreaux was remanded to the custody of the U.S. Marshals Service pending trial.
Eighth Circuit Court of Appeals Affirms Firearms ConvictionRead the Press Release
United States Attorney Randolph J. Seiler announces that the Eighth Circuit Court of Appeals has affirmed the conviction of Todd Karl Bramer who pled guilty on June 15, 2015, to one count of possession of firearms by a prohibited person. In his written guilty plea, Bramer admitted to knowingly possessing firearms, including two handguns and at least one other firearm, while “being an unlawful user of marijuana.” He also waived the right to appeal all non-jurisdictional issues.
In his appeal, Bramer argued that the statute under which he was convicted was unconstitutionally vague because the term “unlawful user” is vague. The Eighth Circuit found that Bramer admitted in his written plea agreement to being an unlawful user of marijuana while in knowing possession of at least three firearms, and therefore the court found no basis in the record to conclude that the term “unlawful user” of a controlled substance was unconstitutionally vague as applied to him.
Assistant United States Attorney John Haak prosecuted the case, and Assistant United States Attorney Connie Larson handled the appeal for the government. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
McLaughlin Man Charged with Aggravated Sexual Abuse and Sexual Abuse of a Person Incapable of ConsentRead the Press Release
United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse and Sexual Abuse of a Person Incapable of Consent.
Brian Thunder Shield, age 18, was indicted on July 19, 2016. He appeared before U.S. Magistrate Judge William D. Gerdes on August 4, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $750,000 fine, up to life of supervised release, and $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between October 20, 2015, and December 10, 2015, Thunder Shield knowingly engaged in and attempted to engage in sexual acts with two female relatives, one of them a minor. Thunder Shield knew one of his victims was incapable of appraising the nature of the conduct, and was physically incapable of declining participation in and communicating her unwillingness to the sexual act.
The charges are merely accusations and Thunder Shield is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Standing Rock Sioux Tribe. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Thunder Shield was released on bond pending trial. A trial date has not been set.
Eighth Circuit Court of Appeals Affirms Sentences for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Randolph J. Seiler announces that the Eighth Circuit Court of Appeals has affirmed the convictions and sentences of Wesley Running Shield and Michael Alford. The two were convicted by a federal jury in February 2015 of assault with a dangerous weapon and assault resulting in serious bodily injury. The two were each sentenced to 180 months’ imprisonment.
The convictions related to the two men of assaulting a victim in Pine Ridge, South Dakota, in June 2014. They were separately indicted for assaulting two additional victims’ days later, also in Pine Ridge. Rather than proceed to a second jury trial, the government dismissed the second indictment but introduced evidence of the additional assaults in seeking a higher sentence.
On appeal, the two men challenged the district court’s consideration of the dismissed assaults when imposing the sentences. The court of appeals affirmed in a published opinion today, holding that sentencing courts have broad discretion to consider the evidence on the separate assault when sentencing the two men. It also did not violate their due process rights under the Sixth Amendment of the Constitution because the sentences fell within the statutory maximum terms, and a district court is entitled to determine sentences based on judge-found facts and uncharged conduct.
Assistant U.S. Attorney Sarah Collins prosecuted the case at trial, and Assistant U.S. Attorney Kevin Koliner handled the appeal for the government. The case was investigated by the Oglala Sioux Tribe Department of Public Safety and the Bureau of Indian Affairs.
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.
Joseph Paul Marshall, age 37, was indicted on July 19, 2016. He appeared before U.S. Magistrate Daneta L. Wollmann on August 8, 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, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between February 1, 2016 and March 10, 2016, and again between March 20, 2016, and April 10, 2016, Marshall, a person required to register under the Sex Offender Registration and Notification Act, knowingly failed to register and update his registration.
The charges are merely an accusation and Marshall is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Jay P. Miller is prosecuting the case.
Marshall was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Corn Creek Woman Sentenced to 37 Months for Possession with Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Corn Creek, South Dakota, woman convicted of Possession with Intent to Distribute a Controlled Substance and Aiding and Abetting was sentenced on August 4, 2016, by U.S. District Judge Roberto A. Lange.
Suni Wooden Knife, age 25, was sentenced to 37 months in custody, followed by 3 years of supervised release, a $1,000 fine, and a $100 special assessment to the Federal Crime Victims Fund. Wooden Knife was also ordered to forfeit U.S. currency that was seized by law enforcement in October 2014.
Wooden Knife was indicted for Possession with Intent to Distribute a Controlled Substance by a federal grand jury on March 10, 2015. Wooden Knife pled guilty to a Superseding Indictment charging Possession with Intent to Distribute a Controlled Substance and Aiding and Abetting on February 1, 2016.
The conviction stemmed from an incident that occurred on October 15, 2014, at the Rosebud Casino on the Rosebud Sioux Indian Reservation, when Wooden Knife possessed and aided and abetted Leon Kills In Water in the possession of over 100 grams of methamphetamine, knowing that the methamphetamine was intended for further distribution. Along with the methamphetamine, over $6,000 in cash, believed to be proceeds from drug sales, was seized from Wooden Knife and Kills In Water at the Rosebud Casino.
Leon Kills In Water was previously sentenced on December 7, 2015, to 120 months in custody.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Wooden Knife was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Production of Child PornographyRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City man convicted of Production of Child Pornography was sentenced on July 29, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Wallace Arthur Beane, age 53, was sentenced to 30 years in custody, a lifetime of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Beane was indicted on April 21, 2015, and pleaded guilty on January 8, 2016. The charge related to Beane knowingly producing images of child pornography on his phone in 2014 and 2015. These images would be taken after he lured the children into his apartment with candy, alcohol, cigarettes, little pink pills, clothing and/or money.
This case was investigated by the Internet Crimes Against Children Task Force. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
Beane was immediately turned over to the custody of the U.S. Marshals Service.
Mellette County Woman Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mellette County, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on August 4, 2016, by U.S. District Judge Roberto A. Lange.
Helen Ann Clifford, age 44, was sentenced to 42 months in custody, 3 years of supervised release, a $1,000 fine, and $100 special assessment to the Federal Crime Victims Fund. Clifford was also ordered to forfeit U.S. currency and two handguns seized by law enforcement in September 2015.
Clifford was indicted for Conspiracy to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person by a federal grand jury on January 21, 2016. She pled guilty to Conspiracy to Distribute a Controlled Substance on April 19, 2016.
From May 2014 through September 2015, Clifford received and distributed methamphetamine in South Dakota. The individuals who provided Clifford with large amounts of methamphetamine knew she intended to engage in further distribution. It was reasonably foreseeable to Clifford that more than 50 grams of methamphetamine would be distributed during the course of this conspiracy.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Clifford was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Acquitted of Sex Abuse ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man was acquitted of Aggravated Sexual Abuse by Force and Sexual Abuse of a Person Incapable of Consenting as a result of a federal jury trial in Pierre, South Dakota, beginning August 2, 2016, and concluding on August 4, 2016.
Lloyd Red Horse, age 33, was indicted by a federal grand jury on April 13, 2016.
The charges stemmed from an alleged incident that occurred in October 2015.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. The U.S. Attorney's Office prosecuted the case.
St. Francis Man Sentenced for Assault with a Dangerous Weapon and Related ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man convicted of Assault with a Dangerous Weapon, Simple Assault, Prohibited Person in Possession of a Firearm, and Using a Firearm During and in Relation to a Crime of Violence was sentenced on August 1, 2016, by United States Court District Judge Roberto A. Lange.
Michael Lee Long, Jr., was sentenced to 150 months in custody, 2 years of supervised release, restitution in an amount to be determined, and a $310 special assessment to the Federal Crime Victims Fund.
Long was indicted by a federal grand jury on October 14, 2015. He was convicted on May 12, 2016, following a three-day jury trial in Pierre, South Dakota.
The charges stem from an incident that occurred on May 17, 2015, when Long accosted three people in parked car at a convenience store in Rosebud, South Dakota. As Long stood next to the open front passenger door pointing a handgun at the victim in the passenger seat, the driver of the vehicle put the car in reverse in an effort to get away. Long was knocked down by the open vehicle door and fired at the vehicle before it departed the parking lot. The driver of the vehicle was the daughter of the front-seat passenger. The daughter’s boyfriend was also in the vehicle, seated in the back seat. They were not injured. A shell casing was subsequently located in the parking lot of the store and a bullet fragment was removed from the front of the vehicle. The handgun, a Glock .40 caliber pistol, was also recovered and matched to the shell casing and bullet fragment.
Long was previously convicted of Domestic Abuse in Rosebud Sioux Tribal Court in 2011, making it illegal for him to possess a firearm. As a result of the verdict, Long will forfeit ownership of the firearm to the United States.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the South Dakota Division of Criminal Investigation (DCI). Assistant U.S. Attorneys Kirk Albertson and Meghan Dilges prosecuted the case.
Long was immediately remanded to the custody of the U.S. Marshals Service.