District of South Dakota
Press releases recorded for this federal judicial district.
Rosebud Man Charged with Aggravated Sexual Abuse of a ChildRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child.
Lavern David Luxon, Jr., age 24, was indicted on April 13, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 1, 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 as well as a $5,000 assessment to the Domestic Trafficking Fund.
The Indictment alleges that on or about September 4, 2015, Luxon knowingly engaged and attempted to engage in a sexual act with a minor female who had not attained the age of 16 years, and who was, at least, 4 years younger than Luxon.
The charge is merely an accusation and Luxon 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.
Luxon was remanded to the custody of the U.S. Marshals Service pending trial which has been set for September 12, 2016.
Pine Ridge Man Indicted for Assaulting a Federal OfficerRead 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 Assaulting a Federal Officer.
Franklin Long Black Cat, age 22, was indicted on July 26, 2016. Long Black Cat appeared before U.S. Magistrate Judge Daneta Wollmann on July 29, 2016, and pleaded 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 charge relates to Long Black Cat spitting on a deputy U.S. Marshal while he was engaged in his official duties on July 1, 2016, at Rapid City.
The charge is merely an accusation and Long Black Cat is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Megan Poppen is prosecuting the case.
Long Black Cat was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Minnesota Man Sentenced for Possession with Intent to Distribute a Controlled SubstanceRead the Press Release
United States Attorney Randolph J. Seiler announced that an Ellsworth, Minnesota, man convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on August 1, 2016, by U.S. District Judge Roberto A. Lange.
Lugene Rayfeal Russell, age 47, was sentenced to 22 months in custody, 2 years of supervised release, $1,000 fine, a special assessment to the Federal Crime Victims Fund in the amount of $100, and forfeiture of a firearm, ammunition, and U.S. currency seized by law enforcement.
Russell 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 November 16, 2015, when Bureau of Indian Affairs (BIA) Officers made contact with a vehicle in which Russell was a passenger, in Fort Thompson, South Dakota. At that time, Russell had in his possession 31 small individual baggies of marihuana, weighing a total of .31 ounces (8.8 grams), and a larger bag containing
marihuana weighing a total of .97 ounces (27.5 grams), which he intended to distribute to others. He also possessed a Beretta, model 950 BS, .25 caliber pistol, bearing serial number BR91469V, and ammunition. A comprehensive search of the vehicle on November 20, 2015, revealed $3,923 in U.S. currency bundled together in a compartment found behind the glove box.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force and the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Russell was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Woman Charged with Distribution of MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, woman has been indicted by a federal grand jury for Distribution of a Controlled Substance.
Duciana Eagle Chasing, a/k/a Duciana Ranay Comes Flying, age 40, was indicted on July 19, 2016. She appeared before U.S. Magistrate Judge Mark A. Moreno on August 1, 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 May of 2016, Eagle Chasing knowingly and intentionally distributed methamphetamine, a Scheduled II controlled substance, in South Dakota.
The charges are merely accusations and Eagle Chasing 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 Chasing was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Allen Man Sentenced to 17 Years and 6 Months for Second Degree MurderRead the Press Release
United States Attorney Randolph J. Seiler announced that an Allen, South Dakota man convicted of Second Degree Murder was sentenced on July 28, 2016 by Chief Judge Jeffrey L. Viken, U.S. District Court.
Nile Paul Waters, a/k/a Nile Hollow Horn Bear, age 21, was sentenced to 17 years and 6 months in custody; 3 years supervised release, $100 special assessment to the Federal Crime Victims Fund, and $858.36 in restitution.
Waters was indicted for Second Degree Murder by a federal grand jury on July 14, 2015. He pled guilty on March 25, 2016.
On July 6, 2015, Waters was in Pine Ridge, South Dakota, with his girlfriend, Stanna Piper. Later in the day, Waters and Piper met Theodore Red Cloud, the victim, at Red Cloud’s residence. Waters, Piper, and Red Cloud went to another residence in the Old Sundance Grounds area. They began drinking alcohol. Waters and Red Cloud had a verbal altercation and physical struggle inside the trailer. Red Cloud then left the trailer. Moments later, a sliding glass door was broken. Waters and Piper went outside to see what happened. Once outside, Waters and Red Cloud each had a club-like weapon and they got into another physical altercation. Red Cloud fell to the ground. The Waters hit Red Cloud at least four times on his body with the club-like weapon. Red Cloud died as a result of his injuries from the assault. At least one other individual was involved in the assault.
This case was investigated by the Federal Bureau of Investigation, Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Waters was immediately turned over to the custody of the U.S. Marshals Service.
Rosebud Woman Charged with Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, woman has been indicted by a federal grand jury for Assaulting, Resisting, Opposing, and Impeding a Federal Officer.
Abigail Marie Garneaux, a/k/a Abigail Marie Garcia, age 27, was indicted on July 19, 2016. She appeared before U.S. Magistrate Judge Mark A. Moreno on July 28, 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on May 28, 2016, Garneaux forcibly assaulted, resisted, opposed, impeded, intimidated, or interfered with an officer from the Rosebud Sioux Tribe, while said officer was engaged in his official duties. The offense included bodily injury and use of a pepper spray on the officer.
The charge is merely an accusation and Garneaux 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.
Garneaux was released on bond pending trial. A trial date has not been set.
Rapid City Man Sentenced for EscapeRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Escape from Custody was sentenced on July 25, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Laun McCloskey, age 22, was sentenced to 24 months of imprisonment, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
McCloskey was charged on August 18, 2015, and pleaded guilty on April 22, 2016. The charge relates to McCloskey leaving Community Alternatives of the Black Hills, where he was serving part of a federal sentence, without permission and not returning.
The investigation was conducted by the U.S. Marshals Service. Assistant U.S. Attorney Ben Patterson prosecuted the case.
Eagle Butte Man Charged with Multiple CountsRead 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 two counts of Assault with a Dangerous Weapon, Assault by Strangulation and Suffocation, Assault Resulting in Substantial Bodily Injury to an Intimate Partner, Child Abuse, and Assaulting, Resisting, Opposing, and Impeding a Federal Officer.
Allen Garreau, age 32, was indicted on July 19, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 27, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 58 years in custody and/or a $1,500,000 fine, 18 years of supervised release, and $600 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on July 11, 2016, Garreau unlawfully assaulted his intimate partner with shod feet, as well as assaulted her by strangling and suffocating her. Garreau is charged with unlawfully assaulting an adult male and several officers while they were trying to arrest him. Finally, Garreau is charged with child abuse regarding two young children who were present on July 11, 2016.
The charges are merely accusations and Garreau 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.
Garreau was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Eagle Butte Man Charged with Assaulting SpouseRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Substantial Injury to an Intimate Partner.
Dion Blue Earth, Sr., age 30, was indicted on July 19, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 26, 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 December 20, 2015, Blue Earth unlawfully assaulted his spouse with shod feet, resulting in serious bodily injury.
The charges are merely an accusation and Blue Earth 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.
Blue Earth was released on bond pending trial. A trial date has not been set.
Dupree Man Charged with Distribution of a Controlled SubstanceRead 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 Distribution of a Controlled Substance.
Ptan Clown, a/k/a P’tan Hoksila Clown, age 36, was indicted on July 19, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 28, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 60 years in custody and/or a $3,000,000 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 May 29, 2016, and June 8, 2016, Clown knowingly and intentionally distributed methamphetamine, a Scheduled II controlled substance.
The charges are merely accusations and Clown is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Clown was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Texas Man Charged with Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pharr, Texas, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Dimas DeLeon, a/k/a Leo Castro, a/k/a Leo DeLeon, age 30, was indicted on July 19, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 26, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, at least 5 years 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, 2016, and July 1, 2016, DeLeon, 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 DeLeon is presumed innocent until and unless proven guilty.
The investigation is being conducted by the United States Marshals Service. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
DeLeon was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rapid City Man Indicted for Failure to RegisterRead 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.
Donald Morris Kills Warrior, age 39, was indicted on April 19, 2016, and appeared before U.S. Magistrate Judge Daneta Wollmann on July 21, 2016. He pleaded not guilty to the Indictment.
The maximum penalty upon conviction is 10 years of imprisonment, 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 Kills Warrior failing to register under the Sex Offender Registration and Notification Act as required. The charge is merely an accusation and Kills Warrior is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.
Kills Warrior was detained pending trial. A trial date has not been set.
Nebraska Man Sentenced for Second Degree MurderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Nebraska man convicted of Second Degree Murder was sentenced on May 9, 2016, by U.S. District Judge Roberto A. Lange.
Christopher David Edenso, Sr., age 26, was sentenced to 185 months in custody, followed by 3 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.
Edenso was indicted by a federal grand jury on July 14, 2015. He pled guilty on January 7, 2016.
In the early morning of June 15, 2015, Edenso was at his home with his infant son, in the Sicangu Village, in Todd County, South Dakota. Edenso’s wife was at work and Edenso was the sole caregiver for the infant. At approximately 5:30 am, the infant awoke and began to cry. Edenso became angry with the infant’s crying, picked him up by his legs, held him upside down, and shook him violently. Edenso also grabbed the infant by placing both of his hands around the baby’s waist and forcefully slammed the infant onto the bed at least three times. The infant became quiet. Edenso wrapped the infant in a blanket, laid him on the bed, and then fell asleep.
Edenso’s wife returned from work at approximately 8:00 am and found Edenso asleep in the couple’s bed with the infant lying beside him. The infant had blood coming from his mouth. Edenso’s wife picked up the infant and he was unresponsive. His wife became hysterical, woke Edenso up, and called 911. Edenso and his wife then rushed the infant to the Cherry County Hospital in Valentine, Nebraska. Medical personnel at Cherry County Hospital attempted to resuscitate the infant; however, the infant was pronounced dead at approximately 8:45 am on June 15, 2015. An autopsy was performed and revealed the cause of death was due to blunt force trauma to the head.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and Federal Bureau of Investigation. Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.
Edenso was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Charged with Possession of Stolen Firearm and Possession of Firearm by a Prohibited PersonRead 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 Possession of Stolen Firearm and Possession of Firearm by a Prohibited Person.
Harold Fuller, Jr., age 37, was indicted on July 19, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 22, 2016, and pled not guilty to the Indictment.
The maximum penalties 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 on each count. Restitution may also be ordered.
The Indictment alleges that on or about February 22, 2016, Fuller knowingly possessed a stolen revolver. Fuller, having previously been convicted of a misdemeanor crime, was prohibited from possessing a firearm.
The charges are merely accusations and Fuller is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services, and the Bureau of Alcohol, Tobacco, Firearms and Explosive. Assistant U.S. Attorney Carrie G. Sanderson is prosecuting the case.
Fuller was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Five Charged with Conspiracy to Distribute Methamphetamine on the Cheyenne River Reservation and Possession of FirearmRead the Press Release
United States Attorney Randolph J. Seiler announced that two men and three women 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.
Those indicted on April 13, 2016, were: Kristina Rae Lofton, a/k/a Kristina Rae Moran, age 36; Robert Earlwin Lofton, Jr., a/k/a Robert Erwin Lofton, Jr., age 34; Stephanie Fawn Lofton, a/k/a Stephanie Fawn Clark, age 39; Tyler James Peterson, age 35; and Ashley Marie Peterson, age 33, all from Eagle Butte, South Dakota. A Superseding Indictment was filed on July 19, 2016. All have appeared before U.S. Magistrate Judge Mark A. Moreno and have pled not guilty to the Indictment.
The maximum penalty upon conviction for the charge against Kristina Lofton is not less than 10 years and up to life in custody, a $10,000,000 fine, or both, at least 5 years up to life of supervised release, $100 to the Federal Crime Victims Fund, and restitution.
The maximum penalty upon conviction for the charges against Robert Lofton is not less than 5 years nor more than 40 years in custody, a $5,000,000 fine, or both, at least 4 years up to life of supervised release, $100 to the Federal Crime Victims Fund, and restitution.
The maximum penalty upon conviction for the charge against Stephanie Lofton, and Tyler and Ashley Peterson is up to 20 years in custody, a $1,000,000 fine, or both, at least 3 years up to life of supervised release, $100 to the Federal Crime Victims Fund, and restitution.
All are subject to forfeiture of United States currency and weapons seized during the investigation.
The charges are merely an accusation and all are presumed innocent until and unless proven guilty.
The Indictment alleges that between March 1, 2014, and July 19, 2016, Kristina Lofton, Robert Lofton, Stephanie Lofton, Tyler Peterson, and Ashley Peterson 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 Kristina Lofton knowingly and intentionally possessed with the intent to distribute 500 grams or more of methamphetamine in South Dakota, and that Robert Lofton knowingly and intentionally possessed with the intent to distribute 50 grams or more of methamphetamine in South Dakota. The Indictment further alleges that on or about October 20, 2014, Robert Lofton 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 Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division, the Federal Bureau of Investigation, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Kristina, Robert, and Stephanie Lofton, and Tyler Peterson have been remanded to the custody of the U.S. Marshals Service pending trial. Ashley Peterson has been released on bond pending trial. A jury trial has been set for August 16, 2016.
U.S. Attorney's Office Announces Civil Rights SectionRead the Press Release
United States Attorney Randolph J. Seiler announced that Alison Ramsdell has been selected to head up the newly created Civil Rights Section in the U.S. Attorney’s Office, District of South Dakota. As leader of the Civil Rights Section, Ramsdell will serve as the contact person on all civil rights matters for the District.
Ramsdell joined the U. S. Attorney’s office in 2014, as an Assistant U.S. Attorney in the Sioux Falls office. In that capacity, her primary focus has been civil litigation.
The Civil Rights Section enforces federal civil rights statutes prohibiting discrimination on the basis of race, color, sex, disability, religion, familial status and national origin. Among those statutes are the Americans with Disabilities Act, Title VII of the Civil Rights Act, the Voting Rights Act, and the Fair Housing Act. The Section also works closely with the Criminal Division to prosecute criminal civil rights cases, such as those involving police misconduct, hate crimes, and human trafficking.
In addition to enforcing federal civil rights statutes, the Civil Rights Sections strives to educate community members about their rights under federal law by engaging in outreach programs throughout the District.
Ramsdell was born and raised in Flandreau, South Dakota. She received her undergraduate degree in International Economics, Spanish and Public Relations, with a minor in Business Administration, from Valparaiso University in 2008, and her Juris Doctor degree from the University of Iowa College of Law in 2011. While attending law school, Ramsdell wrote and edited for the Iowa Law Review, worked for the Citizens’ Lawyer Program, and volunteered at the Iowa Coalition Against Domestic Violence/MUNA Legal Clinic.
Upon graduating, Ramsdell practiced at Murphy, Goldammer & Prendergast in Sioux Falls. She then served as a law clerk for the Honorable Karen E. Schreier and the United States District Court for the District of South Dakota, where she primarily handled pro se matters.
“With societal changes and threats to the fundamental rights of certain segments of our society, such as the LGBT community, it has become increasingly necessary to have a dedicated attorney to handle civil rights matters in South Dakota,” said U.S. Attorney Seiler. “Alison Ramsdell brings an abundance of talent, energy, and compassion to her new position. The protection of every citizen’s civil rights has historically been a priority of the U.S. Attorney’s Office, but we are ramping up those efforts and Alison will play a significant role in enforcing those laws.”
For further information, or to schedule a training or outreach program, please email [email protected].
St. Francis Man Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man convicted of Assaulting, Resisting, Opposing, and Impeding a Federal Officer was sentenced on July 19, 2016, by U.S. District Judge Roberto A. Lange.
James Two Charger, Jr., age 24, was sentenced to 15 months in custody, followed by 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Two Charger was indicted by a federal grand jury on March 15, 2016. He pled guilty on April 26, 2016.
The conviction stemmed from an incident on March 1, 2016, when law enforcement was notified of a domestic dispute between Two Charger and his girlfriend. An officer with the Rosebud Sioux Tribe Law Enforcement Services (RSTLES) located Two Charger driving a vehicle near St. Francis, and attempted to pull Two Charger’s vehicle over. Two Charger began driving evasively and fled the area. A car chase ensued and Two Charger drove at speeds of up to 100 miles per hour. He eventually lost control of the vehicle on a gravel road and crashed into a ditch.
Two Charger exited the vehicle and ran into a tree belt, where the officer followed on foot. When the officer attempted to arrest Two Charger, he grabbed for the officer’s gun holster. The officer was able to deploy pepper spray at Two Charger’s face. Two Charger then began to punch the officer in the side and abdomen.
Two other officers from RSTLES responded and assisted in arresting Two Charger. Two Chargers became aggressive with the officers and began yelling and kicking at the officers, spitting at one of the officers’ face. The officers transported Two Charger to the Adult Correctional Facility in Rosebud.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.
Two Charger was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on July 19, 2016, by U.S. District Judge Roberto A. Lange.
Michael Lovejoy, Jr., age 33, 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.
Lovejoy was indicted by a federal grand jury on March 15, 2016. He pled guilty on April 26, 2016.
Lovejoy was convicted in state court in 2003 for Third Degree Rape. He was sentenced to a suspended sentenced and placed on five years of probation. Lovejoy violated, and his original five-year sentence was imposed. He 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.
The current conviction stemmed from Lovejoy’s failure to update his registration when he moved out of his residence in Sioux Falls, and moved to the Cherry Creek Community on the Cheyenne River Reservation. Lovejoy did not update his sex offender registration between November 2015 and February 2016.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services and the U.S. Marshals Service. Assistant U.S. Attorney Jay Miller prosecuted the case.
Lovejoy was immediately turned over to the custody of the U.S. Marshals Service.
Pierre Man Sentenced for Falsification of Financial RecordsRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pierre, South Dakota, man charged with Falsification of Financial Records Required to Be Kept by Labor Unions pled guilty and was sentenced on July 14, 2016, by U.S. Magistrate Judge Mark A. Moreno.
Kenneth Potter, age 49, was sentenced to one year of probation, and $25 to the Federal Crime Victims Fund.
The conviction stemmed from an incident that took place between July 1, 2013, and September 30, 2014, in Pierre, when Potter, who was an employee of the South Dakota Education Association and was a member of the National Staff organization, South Dakota Staff Organization (SDSO), which have collective bargaining agreements with the U.S. Department of Labor, issued 13 unauthorized checks, and made 3 unauthorized cash withdrawals, for a total of $4,130.
At the time of the offense, Potter was the Treasurer of the SDSO. As treasurer, Potter’s duties included making true and accurate entries in the unions records, and filing reports with the U.S. Department of Labor.
These unauthorized expenses created a loss in the SDSO accounts, which were reported to the National Staff Organization. The SDSO had an audit preformed of the books, which confirmed the theft by Potter.
The investigation was conducted by the Department of Labor. The case was prosecuted by Assistant U.S. Attorney Meghan N. Dilges.
Mission Man Sentenced for Child Abuse and Distribution of Methamphetamine; Mission Woman Sentenced for Child AbuseRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of two counts of Child Abuse and one count of Distribution of Methamphetamine was sentenced on July 18, 2016, by U.S. District Judge Roberto A. Lange. Thereafter, Judge Lange also sentenced a Mission, South Dakota, woman for her role in the offense of Child Abuse.
Tyler Erickson, Sr., also known as TJ Erickson, age 33, was sentenced to a total of 20 years in prison, followed by 5 years of supervised release, and a special assessment of $300 to the Federal Crime Victims Fund.
Rae Dawn Lunderman, age 28, was separately sentenced to 10 months and 15 days in prison, followed by 3 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.
On December 9, 2014, Erickson and Lunderman were indicted by a federal grand jury for second degree murder, assault resulting in serious bodily injury, and two child abuse offenses. Lunderman was accused of being an aider and abettor to the offenses. Lunderman pled guilty to a Superseding Information charging Child Abuse on September 28, 2015. Erickson pled guilty to a three-count Superseding Information charging two counts of Child Abuse and one count of Distribution of Methamphetamine on March 30, 2016.
Between at least January 2013 and December 2014, Erickson was using and abusing drugs, including marijuana, methamphetamine and prescription pills. He was also involved in selling methamphetamine on the Rosebud Sioux Indian Reservation to support his drug habit, as well as for profit. He was using methamphetamine on a daily basis and was often under the influence of methamphetamine. He was not sleeping regularly, staying up for days, and then crashing for long periods of time. Erickson was also acting aggressively towards those in his family. In the early summer of 2013, he was living with his girlfriend, Lunderman, and four of their children, but the family did not have consistently reliable housing. The family depended on various relatives for places to stay. By early July 2013, Erickson was reunited with two more biological children, five-year-old twins, who joined Erickson and Lunderman’s family.
As the summer progressed, Erickson’s behavior became more stressed and mean. He continued to act aggressively towards Lunderman, the children, and others, at times attempting to strike the children, and also threatening to harm Lunderman and the children. At some point between August 1 and August 10, 2013, Erickson admitted he slapped or hit one of his twin sons, who later died.
On August 10, 2013, that child was at his grandmother’s residence near Mission with his family, including Erickson, and the child had a large bruise on his abdomen and was ill. The child displayed increased irritability, progressive loss of activity, increased fussiness, and he had a bowel obstruction. Erickson did not take the child immediately to medical care, which increased the risk to the child. Eventually, at around 4:30 a.m. on August 11, 2013, the child vomited and collapsed, at which point Erickson attempted CPR and paramedics were summoned. Despite life-saving measures by ambulance personnel and medical professionals at the Rosebud I.H.S. Hospital, the child died.
The initial diagnosis was that a blood infection, or sepsis, had caused the death. An autopsy later revealed the child had died from blunt force trauma. The child had sustained trauma to his chest and abdomen, which included two lacerations of the liver, hemorrhaging around his kidney, and laceration of a portion of his intestine, along with other external bruising. As a result of the injuries, the child suffered blood accumulating in the space between the inner lining of the abdominal wall and the internal abdominal organs.
Based upon other circumstantial evidence, including other actions and threats to harm Lunderman and their children, the Government argued at sentencing that Erickson caused the death after stomping upon or kicking the child during a fit of anger. Erickson admitted he abused the child, but maintained he did not cause the fatal stomach injury, arguing the injuries were incurred as part of a fall off a vehicle.
Lunderman said that on August 12, 2013, the day after the child’s death, Erickson was at the same residence with his family when he physically intimidated and menaced the surviving twin child. She caught Erickson in the act of nearly stomping upon the surviving twin son, whom she shooed away from the area. Lunderman admitted she exposed all of the children to abuse by not alerting law enforcement authorities to the danger the children faced, as well as subjecting the children to danger by allowing them to be reared in an environment where drugs were rampant. Not until September 2014 did she properly intervene and remove the children from the situation. During their time together, Lunderman was also a victim of Erickson’s repeat domestic abuse.
The district court sentenced Erickson to 15 years in prison for child abuse of the deceased child, 2 years for child abuse of the surviving child, and 3 years for distributing methamphetamine. The Court ordered the sentences all served consecutively, for a total of 20 years.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation. The Clinical Laboratory of the Black Hills conducted the autopsy. The FBI sought assistance and review of the investigation by a Pennsylvania biomechanical engineer. The Minnehaha County Coroner/Medical Examiner at Sanford Health Pathology in Sioux Falls also provided consultation services in review of the investigation. Supervisory Assistant U.S. Attorney Tim Maher and Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Erickson was immediately turned over to the custody of the U.S. Marshals Service to serve his sentence. Lunderman was given credit for time served and was released on court-ordered supervision.
Eighth Circuit Court of Appeals Affirms Conviction and Sentence for Sexual Abuse of a Minor 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 district court in appeal no. 15-2150, United States of America, appellee, v. Stoney End of Horn, appellant.
End of Horn was convicted by a jury of four counts of sexual abuse of a minor and one count of assault resulting in serious bodily injury. The district court sentenced End of Horn to concurrent sentences of 293 months’ imprisonment for each count of sexual abuse and another concurrent sentence of 120 months’ imprisonment for the assault.
In September 2008, End of Horn was out drinking with his girlfriend, Pauline Brave Crow, in Mobridge, South Dakota. Towards the end of the evening he agreed to give his cousin and two of his cousin’s friends a ride to Wakpala, South Dakota, in Brave Crow’s car.
During the drive, End of Horn and Brave Crow began to argue. End of Horn stopped the car and continued to argue with Brave Crow. End of Horn struck Brave Crow in the face with his open palm, and the two got out of the car, continuing to argue. As the argument began to escalate, the other passengers decided to walk into Wakpala. They left Brave Crow and End of Horn at the side of the road.
Sometime later, a passing motorist encountered Brave Crow’s vehicle on the side of the road to Wakpala. At trial, that witness testified that when she stopped behind the parked car, she saw End of Horn hitting Brave Crow repeatedly.
Brave Crow suffered a serious fracture, known as a LeFort III fracture, in the bones of her face. She sustained broken bones in her upper jaw and face, facial swelling and bruising on the left side of her face, and bruising under both eyes. End of Horn blamed the assault on a group of hitchhikers he encountered while driving to Wakpala. No hitchhikers were ever identified, and End of Horn himself sustained no injuries.
Brave Crow was “very, very quiet” when interviewed, and she did not identify her assailant when hospitalized. Brave Crow’s injuries required multiple surgeries. Her health deteriorated, and she eventually died on June 25, 2010, as a result of complications from injuries caused by the assault.
The evidence concerning sexual abuse centered on the testimony of a young victim, who was 12 years old when the abuse occurred. The victim lived with End of Horn and Brave Crow in McLaughlin. She testified that End of Horn’s sexual abuse happened once a month from April through July 2010. The sexual abuse happened while she was staying at the house of End of Horn’s father in Wakpala.
A grand jury charged End of Horn with second-degree murder and assault resulting in serious bodily injury based on the attack on Brave Crow. A separate grand jury charged him with multiple counts of sexual abuse of a minor. By agreement of the parties, the cases were consolidated for trial. A jury convicted End of Horn of assault, murder, and four counts of sexual abuse. The district court concluded that the second-degree murder charge required proof that Brave Crow’s death occurred within a year and one day of the assault. Because the interval between assault and death was 21 months, the court set aside the verdict on the murder count. The court then sentenced End of Horn on the remaining counts to four concurrent terms of imprisonment of 293 months for the sexual abuse and 120 months for the assault.
End of Horn appealed to the United States Court of Appeals for the Eighth Circuit, challenging the evidence supporting his conviction, some trial evidentiary rulings, and the length of his sentence. The appellate court found that the evidence supported the charges for which End of Horn was convicted, that any erroneous evidentiary rulings were harmless given the other uncontested evidence, and that the district court acted within its discretion in imposing its sentence.
This case was investigated by the United States National Park Service, the Bureau of Indian Affairs, and the Federal Bureau of Investigation. Assistant United States Attorney Troy R. Morley prosecuted the case at trial and handled the appeal for the government.
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, Opposing, and Impeding a Federal Officer was sentenced on July 18, 2016, by U.S. District Judge Roberto A. Lange.
Norman Blue Coat, age 33, was sentenced to 27 months in custody, followed by 2 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.
Blue Coat was indicted by a federal grand jury on February 17, 2016. He pled guilty on April 18, 2016.
The conviction stems from a November 11, 2015, incident when a Cheyenne River Sioux Tribe Police Officer drove alongside Blue Coat and a female that were arguing and asked them if all was okay. Both said yes. The female appeared to be crying. The officer then asked Blue Coat if he had been drinking, and he denied it. The officer told the couple to stop walking several times, but they ignored him. When the officer told the couple to walk to his patrol car, Blue Coat became uncooperative. The officer grabbed Blue Coat’s left arm and began escorting him to the patrol car. Blue Coat used his arm to shrug off the officer and push away from him. The officer again told him to walk to the patrol car. Once the three of them were at the patrol car, the officer called for assistance. He told Blue Coat he could smell alcohol on his breath and asked him to perform a PBT. Blue Coat began arguing with the officer. The officer told Blue Coat he was going to handcuff/arrest him, and Blue Coat took three to four steps back. The officer grabbed hold of him, Blue Coat struggled, and the officer took him to the ground. He continued to struggle, grabbing the officer’s shirt and pulling the officer as close to him as possible. Blue Coat bit the officer on the right bicep. Other officers had arrived and they turned Blue Coat onto his stomach and handcuffed him.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Blue Coat was immediately turned over to the custody of the U.S. Marshals Service.
Colorado Man Charged with Conspiracy to Distribute Methamphetamine and Possession of FirearmRead the Press Release
United States Attorney Randolph J. Seiler announced that a Colorado man has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance, Possession of a Controlled Substance, and Possession of a Firearm by a Prohibited Person.
James Andrew Boswell, age 29, was indicted on June 14, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 20, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $1,000,000 fine, 3 years and up to life of supervised release, $100 to the Federal Crime Victims Fund, and the potential forfeiture of two firearms and U.S. currency seized as part of the investigation. Restitution may also be ordered.
The Indictment alleges that between April 1, 2016, and June 14, 2016, Boswell conspired and agreed with other persons to knowingly and intentionally distribute and possess with intent to distribute methamphetamine in South Dakota. The Indictment also alleges that on or about May 9, 2016, at Lower Brule, South Dakota, Boswell possessed a firearm, even though he was prohibited from doing so because he was a fugitive from justice and an unlawful user of and addicted to a controlled substance.
The charges are merely an accusation and Boswell is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force, the Bureau of Indian Affairs, Lower Brule Agency, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Boswell was released pending trial. A trial date has not been set.
Wanblee Man Indicted for MurderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Wanblee, South Dakota, man has been indicted by a federal grand jury for First Degree Murder and Assault with a Dangerous Weapon.
Leon “Gogg” Between Lodges, a/k/a Leon Milk, age 32, was indicted on June 21, 2016. Between Lodges appeared before U.S. Magistrate Judge Daneta Wollmann on July 1, 2016, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is life imprisonment and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Between Lodges using a knife to stab two male individuals on May 27, 2016, at Wanblee. One of these individuals died from his injuries.
The charges are merely accusations and Between Lodges is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, 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.
Between Lodges was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Pine Ridge Man Acquitted of AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man was acquitted of Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury as a result of a federal jury trial in Rapid City on July 12, 2016.
Franklin Long Black Cat, a/k/a Franklin Long, age 22, was indicted by a federal grand jury on March 22, 2016.
The charges related to an incident which occurred on February 14, 2016, when Long Black Cat allegedly assaulted his brother with a screwdriver.
The investigation was conducted by the Bureau of Indian Affairs, Office of Justice Services and the Oglala Sioux Tribe Department of Public Safety. The U.S. Attorney's Office prosecuted the case.
McLaughlin Woman Sentenced for Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, woman convicted of Assault Resulting in Serious Bodily Injury was sentenced on July 11, 2016, by U.S. District Judge Charles B. Kornmann.
Makayla Kills In Water, a/k/a Makayla Iron Cloud, age 22, was sentenced to 120 months in custody, followed by 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Kills In Water was indicted by a federal grand jury on October 15, 2014. She pled guilty on April 25, 2016.
The conviction stemmed from an incident on September 20, 2014, when Kills In Water’s two-year old stepdaughter was brought to the Mobridge Regional Hospital by ambulance. The young victim was drifting in and out of consciousness and was not breathing on her own. Kills In Water was caring for the young victim at the time the injuries were sustained.
Kills In Water initially informed hospital staff and law enforcement that she was under an extreme amount of stress and had been for the past several days. After dropping her husband off at work, Kills In Water drove to their residence with the children, including the victim. The children were growing restless and fussing, which further agitated Kills In Water.
When she arrived at the residence, Kills In Water went to the door and turned on the light. When she turned around, she claimed to have seen the victim fall out of the vehicle and began crying, so Kills In Water went and helped her into the house. Once inside the residence, the victim continued to cry. The victim became non-responsive and began struggling with her breathing so Kills In Water called 911 to dispatch an ambulance. Paramedics arrived and found the victim was in medical distress and transported her immediately to the Mobridge Regional Hospital. Upon arriving at the Hospital, it was determined that the victim was in need of a higher level of medical care and she was airlifted to the Sanford Children’s Hospital in Sioux Falls, South Dakota.
Upon arrival in Sioux Falls, the medical staff was apprised of Kills In Water’s initial version of how the injury was sustained, namely that the victim had fallen out of a vehicle which led to her current injuries and medical condition. However, the victim’s treating physician stated that the injuries sustained were inconsistent with a simple fall from a vehicle. It was noted that the victim had bilateral hemorrhages of the retina and both retinas were also detached. The treating physician also advised this type of injury is almost 100% specific to “shaken baby” injuries. The force of the act had to be significant enough to cause the victim’s brain to shift, resulting in the brain tissue shearing and/or tearing, thus causing extensive bleeding. A “brain bolt” was placed in the victim’s skull to relieve the pressure in her head. Kills In Water ultimately admitted to violently shaking the victim against a wall, causing the injuries. To date the victim remains partially paralyzed on the left side of her body, which necessitates the use of a wheel chair, with severe visual and speech deficits. It is unknown if the victim will ever fully recover from the injuries she sustained.
This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Kills In Water was immediately turned over to the custody of the U.S. Marshals Service.
Little Eagle Man Sentenced for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Little Eagle, South Dakota, man convicted of Assault Resulting in Substantial Bodily Injury to a Spouse, Intimate Partner, or Dating Partner was sentenced on July 11, 2016, by U.S. District Judge Charles B. Kornmann.
Patrick Demarrias, age 31, was sentenced to 14 months in custody, followed by 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Demarrias was indicted by a federal grand jury on March 10, 2015. He pled guilty on April 14, 2016.
The conviction stemmed from an incident on February 4, 2015, when Demarrias came home intoxicated, following an evening of drinking with his ex-girlfriend. The victim became angry that Demarrias was out drinking with another woman, while the couple’s child was in need of diapers and formula. Demarrias and the victim began to argue, which escalated into Demarrias physically assaulting her, in the presence of the couple’s young child. As a result of the assault, the victim sustained multiple cuts, bruises, scrapes, and abrasions.
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Demarrias was immediately turned over to the custody of the U.S. Marshals Service.
Letcher Man Convicted of Unlawful Taking of a Bald Eagle and Unlawful Use of PesticideRead the Press Release
United States Attorney Randolph J. Seiler announced that Theodore Nelson, Jr., a/k/a Ted Nelson, age 69, of Letcher, South Dakota, was found guilty of Unlawful Taking of Bald Eagle and Unlawful Use of Pesticide as a result of a federal jury trial in Sioux Falls, South Dakota.
The charges carry a maximum penalty of 13 months in custody and/or a $26,000 fine, one year of supervised release, restitution, and a $30 special assessment to the Federal Crime Victims Fund.
Nelson was indicted by a federal grand jury on September 9, 2015.
Nelson is a landowner in Sanborn County. The convictions stemmed from incidents between approximately January 1, 2015, and May 12, 2015, when Nelson, 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 container is labeled accordingly.
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 with poisoning in its system.
“The verdict in this case signifies the public’s interest in ensuring laws are enforced that protect our natural resources,” said Assistant U.S. Attorney Meghan Dilges. “This case is a stark reminder that the illegal use of pesticides that ultimately kills protected wildlife is a crime that we take very seriously in the U.S. Attorney’s office. The wildlife and environmental laws on the books are not just collecting dust. We are prosecuting offenders to the full extent of the law.”
Jeffrey Martinez, Special Agent in Charge of the Environment Protection Agency’s criminal enforcement program in South Dakota, issued the following statement on July 12, 2016: “The defendant’s actions caused the taking of a Bald eagle and several other species. Product labels are designed to ensure the safe use and application of pesticides. Using pesticides for purposes other than their registered use is illegal and puts people, animals and the environment at risk of exposure. Today’s action shows that individuals who misuse these products and kill protected wildlife will be prosecuted.”
This case was investigated by the U.S. Fish & Wildlife Service, the Environmental Protection Agency, and the South Dakota Department of Game, Fish and Parks. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Nelson is in custody with the U.S. Marshals Service. A sentencing date has not been set.
Jury Finds Rosebud Man Guilty of Domestic Assault by an Habitual OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that Adam Bordeaux, age 32, of Rosebud, South Dakota, was found guilty of Domestic Assault by an Habitual Offender and Simple Assault following a two-day jury trial in Pierre, South Dakota. The verdict was returned on July 13, 2016.
The charges carry a maximum sentence of up to five years in prison, a $250,000 fine, three years of supervised release, and a $100 special assessment 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.
Bordeaux was acquitted of other assault charges, including charges that stemmed from an incident that occurred in January 2015 involving the same victim.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
A presentence investigation was ordered and a sentencing date was set for September 26, 2016.
Bordeaux was remanded to the custody of the U.S. Marshals Service pending sentencing.
St. Francis Man Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota man convicted of Assaulting, Opposing, Resisting, and Impeding a Federal Officer was sentenced on July 5, 2016, by U.S District Judge Roberto A. Lange.
Dustin Bear Heels, age 27, was sentenced to 33 months in custody, followed by 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Bear Heels was indicted for Assaulting, Opposing, Resisting, and Impeding a Federal Officer by a federal grand jury on February 17, 2016. He pled guilty on March 29, 2016.
On February 2, 2016, two Rosebud Sioux Tribe Law Enforcement Services Officers responded to a residence in St. Francis, upon a report that Bear Heels was drunk and disorderly. He also had an active tribal warrant.
The officers located Bear Heels and placed him under arrest for the warrant, as well as tribal trespass and disorderly conduct.
As the officers transported, they observed Bear Heels was observed trying to get his hands in front of him. The officer pulled to the side of the road and advised Bear Heels to leave his hands behind him. The officer got out of the car and opened the driver's side rear door, when Bear Heels started shouting obscenities and began to kick the door. The officer advised him to stop and then shut the door, but Bear Heels continued kicking the door and window. A second officer arrived and they attempted to restrain Bear Heels from kicking the window. While the officer was trying to secure the shackle to the cage, Bear Heels kicked him in the chest. Bear Heels then curled up both legs and kicked the officer in the face, causing him to fall backwards. The other officer then sprayed pepper spray in Bear Heels’ face and the officer was able to secure him.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk W. Albertson prosecuted the case.
Bear Heels was immediately turned over to the custody of the U.S. Marshals Service.
Ridgeview Man Sentenced for Assault with a Dangerous WeaponRead the Press Release
United States Attorney Randolph J. Seiler announced that a Ridgeview, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on July 5, 2016, by U.S. District Judge Roberto A. Lange.
Shilo Hill, a/k/a Shilo Roubideau, age 20, was sentenced to 24 months in custody, followed by 3 years of supervised release, $2,241.46 in restitution, and a special assessment of $100 to the Federal Crime Victims Fund.
Hill was indicted by a federal grand jury on January 21, 2016. He pled guilty to Assault with a Dangerous Weapon on April 11, 2016.
The conviction stems from an incident that took place on October 3, 2015, when Hill’s ex-girlfriend and a male friend, the victim in this case, returned to her home near Swiftbird, South Dakota. Two individuals were at the home and when they left, they took Hill’s ex-girlfriend’s vehicle and went to another residence in the Swiftbird Community. Hill was at that residence and when he asked them why they were driving his ex-girlfriend’s car, they said they had borrowed it. Hill also learned a man was with his ex-girlfriend. Hill and his brother drove to Hill’s ex-girlfriend’s residence, where Hill used a tire iron to break the glass out of a window in the front door. When Hill and his brother walked into the residence uninvited, he was holding the tire iron in his hand raised above his head. Hill and his brother went towards the victim in a threatening manner. The victim thought Hill was going to hit him with the tire iron, so he held up his hand and told Hill and his brother not to "do this" with the kids there. Hill's brother left and Hill followed him out, but as he was leaving, he said, "I'll see you on the street," and used the tire iron to break out some more windows and to put a hole in the wall by the front door.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Hill was immediately turned over to the custody of the U.S. Marshals Service.
Mellette County Man Sentenced to 51 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 July 6, 2016, by U.S. District Judge Roberto A. Lange.
Henry Paul Gorisek, age 46, was sentenced to 51 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. Gorisek was also ordered to forfeit over $800 in U.S. currency and two handguns seized by law enforcement in September 2015.
Gorisek 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 April 12, 2016.
From May 2014 through September 2015, Gorisek received and distributed methamphetamine in South Dakota. The individuals who provided Gorisek with large amounts of methamphetamine knew he intended to engage in further distribution. It was reasonably foreseeable to Gorisek 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.
Gorisek was immediately turned over to the custody of the U.S. Marshals Service.
Jury Finds Mosher Man Guilty of Abusive Sexual ContactRead the Press Release
United States Attorney Randolph J. Seiler announced that Tyrone Steven Andrews, age 24, of Mosher, South Dakota, was found guilty of Abusive Sexual Contact and Abusive Sexual Contact of Minor following a two-day jury trial in Pierre, South Dakota. The verdict was returned on July 8, 2016.
The charges carry a maximum sentence of up to five years in custody, and/or a $250,000 fine, a minimum period of five years up to life 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. The charges stem from an incident that occurred on February 25, 2013, wherein Andrews groped a fifteen-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.
A presentence investigation was ordered and a sentencing date was set for September 26, 2016.
Andrews was remanded to the custody of the U.S. Marshals Service pending sentencing.
Investigation Concludes in the Deaths of Three Pine Ridge MenRead the Press Release
United States Attorney Randolph J. Seiler, the Rapid City Office of the Federal Bureau of Investigation, the Pine Ridge office of the Bureau of Indian Affairs-Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety have announced their findings following an extensive investigation into the recent disappearance and deaths of three adult men, all citizens of the Oglala Sioux Tribe and residents of the Pine Ridge Indian Reservation.
Autopsy results and examination of the circumstances surrounding the disappearance, and later discovery of the men, firmly establishes their deaths resulted from an automobile accident. Investigators have concluded the vehicle in which the three men were riding left the North side of BIA Rd. #41, also known as the “Chadron Road”, a few miles from Oglala, South Dakota, and plunged down a ravine approximately 60 feet deep where the car came to rest near a creek bed.
All three men were found inside the vehicle amidst numerous open and closed containers of alcohol and other personal belongings. Their physical injuries, as well as the crushed condition of the vehicle, prevented any hope of them being able to exit the vehicle if any of them lived beyond the impact at the bottom of the ravine. It is very likely all three men died upon impact. All three men were examined by a forensic pathologist who concluded each of them suffered multiple critical injuries to their backs and heads resulting in their deaths. No signs of wounds consistent with bullets, knifes, or other weapons were detected. Likewise, no damage to the vehicle was detected which would suggest any other conclusion other than that the vehicle sped off the road through a grassy field to the cliff where it went over and down into the ravine.
This was a painstaking and difficult investigation for all involved. Thanks go not only to the responding agencies listed above, but also to the Oglala Sioux Tribe Office of Attorney General, Pennington County Sheriff’s Office, Pennington County Search and Rescue, South Dakota Highway Patrol, Civilian Air Patrol, and the countless tribal citizens organized by the Oglala Sioux Tribe who volunteered many hours of their own time to search the Pine Ridge Reservation for the men.
Everyone involved sends their heartfelt condolences to the families of the three men on their grievous loss.
Box Elder Man Indicted for Illegal Use of InternetRead the Press Release
United States Attorney Randolph J. Seiler announced that a Box Elder, South Dakota, man has been indicted by a federal grand jury for Sexual Exploitation of a Minor, Enticement of a Minor Using the Internet, and Transfer of Obscene Material to a Minor.
Christopher Michael Fox, age 42, was indicted on June 14, 2016, and appeared before U.S. Magistrate Judge Daneta Wollmann on July 7, 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 Fox using a cell phone and a computer to engage in sexually explicit conduct with minor females. The charges are merely an accusation and Fox 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.
Fox was detained pending a detention hearing. A trial date has not been set.
St. Francis Man Sentenced for Abusive Sexual ContactRead the Press Release
United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man convicted of Abusive Sexual Contact was sentenced on July 5, 2016, by U.S. District Judge Roberto A. Lange.
Gregory Paul Quigley, age 51, was sentenced to 1 year and 1 day in custody, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Quigley was indicted for Aggravated Sexual Abuse by Force by a federal grand jury on September 9, 2015. He pled guilty to a Superseding Information charging him with Abusive Sexual Contact on March 29, 2016.
On November 30, 2013, Quigley and a woman, the victim, were drinking alcohol together in an abandoned house in St. Francis. Quigley intentionally made sexual contact with the victim while the victim was incapable of appraising the nature of the conduct.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Carrie Sanderson prosecuted the case.
Quigley was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Sentenced for Abusive Sexual Contact with a Child Under 12 Years OldRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Abusive Sexual Contact was sentenced on July 5, 2016, by U.S. District Judge Roberto A. Lange.
Graham Brody Good Shield, age 20, was sentenced to 9 years in custody, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Restitution has been left open for 90 days.
Good Shield was indicted on two counts of Aggravated Sexual Abuse of a Child by a federal grand jury on August 11, 2015. He pled guilty to Abusive Sexual Contact on March 29, 2016.
In June 2015, Good Shield was at a home in Rosebud, when he began drinking alcohol. An 11-year-old child, the victim, was also at the home. Good Shield intentionally made sexual contact with the victim and knew that the victim was a minor at the time.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation. Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.
Good Shield was immediately turned over to the custody of the U.S. Marshals Service.
Hill City Man Sentenced to 120 Months for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Hill City, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on July 1, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Darrick Bessman, age 37, was sentenced to 120 months in custody, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
From October 2013 through September 2015, Bessman conspired with others to distribute, and distributed more than 500 grams of methamphetamine within South Dakota.
This case was investigated by Unified Narcotics Enforcement Team, United States Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms, and Explosives, South Dakota Division of Criminal Investigation, Pennington County Sheriff’s Office, and the Rapid City Police Department. Assistant U.S. Attorneys Ted L. McBride and Kathryn N. Rich prosecuted the case.
Bessman was immediately turned over to the custody of the U.S. Marshals Service.
Belle Fourche Man Convicted of Drug ConspiracyRead the Press Release
United States Attorney Randolph J. Seiler announced that Anthony Klein a/k/a Tony Klein, age 35, of Belle Fourche, South Dakota, was found guilty of Conspiracy to Distribute a Controlled Substance following a 3-day federal jury trial in Rapid City, South Dakota. The jury returned the verdict on July 1, 2016.
The charge carries a maximum penalty of a minimum of 5 years and not more than 40 years in custody and/or a $5,000,000 fine, 4 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
The Indictment charged that in the Spring of 2014, Klein conspired and agreed with other persons to intentionally distribute 50 grams or more of methamphetamine in South Dakota.
This case was investigated by the Unified Narcotics Enforcement Team, United States Drug Enforcement Administration, Butte County Sheriff’s Office, Belle Fourche Police Department, South Dakota Division of Criminal Investigation, and the Rapid City Police Department. Assistant U.S. Attorneys Megan Poppen and Eric Kelderman prosecuted the case.
A presentence investigation was ordered and a sentencing date will be set. The defendant was remanded to the custody of the U.S. Marshals Service.
Washington Man Sentenced to 210 Months for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that an Ephrata, Washington, man convicted of Conspiracy to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person was sentenced on June 17, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Martin Purdom, age 53, was sentenced to 210 months in custody on Count 1, and 24 months on Count 2, to run concurrently, followed by 5 years of supervised release on Count 1, and 3 years on Count 2, to run concurrently, and a $200 special assessment to the Federal Crime Victims Fund.
Purdom was indicted for Conspiracy to Distribute Methamphetamine and Possession of a Firearm by a Prohibited Person by a federal grand jury on April 8, 2015. He pleaded guilty on October 30, 2015.
From July 2014 through April 2015, Purdom conspired with others to distribute and distributed more than 500 grams of methamphetamine within South Dakota. Furthermore, on March 19, 2015, Purdom was in possession of a Ruger pistol, and was previously convicted of a felony offense in Washington in 2002.
This case was investigated by Unified Narcotics Enforcement Team, United States Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms, and Explosives, South Dakota Division of Criminal Investigation, Pennington County Sheriff’s Office, and the Rapid City Police Department. Assistant U.S. Attorneys Ted L. McBride and Kathryn N. Rich prosecuted the case.
Purdom was immediately turned over to the custody of the U.S. Marshals Service.
McLaughlin Man Charged with Assault with a Dangerous WeaponRead 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.
Sinjin Cameron, age 23, was indicted on June 14, 2016. He appeared before U.S. Magistrate Judge William D. Gerdes on June 28, 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 May 26, 2016, Cameron unlawfully assaulted an adult male with shod feet, with the intent to do bodily harm to him.
The charge is merely an accusation and Cameron is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Cameron was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
La Plant Man Charged with Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a La Plant, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Elliot Little Bear, age 52, was indicted on June 14, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 29, 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 July 1, 2011, and June 14, 2016, Little Bear, 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 Little Bear 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.
Little Bear was remanded to the custody of the U.S. Marshals Service pending trial. Trial has been set for August 16, 2016.
Faith Man Charged with Conspiracy to Distribute Methamphetamine and Possession of FirearmRead the Press Release
United States Attorney Randolph J. Seiler announced that a Faith, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person.
Roy Eugene Antrim, age 39, was indicted on June 14, 2016. He appeared before U.S. Magistrate Mark A. Moreno on June 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, 3 years and up to life of supervised release, $100 to the Federal Crime Victims Fund, and the potential forfeiture of firearms and U.S. currency seized as part of the investigation. Restitution may also be ordered.
The Indictment alleges that between September 1, 2015, and June 14, 2016, Antrim conspired and agreed with other persons to knowingly and intentionally distribute and possess with intent to distribute methamphetamine in South Dakota. The Indictment also alleges that on or about April 14, 2016, at Faith, Antrim possessed 13 firearms, including rifles, handguns, and a shotgun, even though he was prohibited from doing so because he was an unlawful user of and addicted to a controlled substance. The Indictment further alleges that on or about April 21, 2016, at Eagle Butte, Antrim possessed a handgun, even though he was prohibited from doing so because he was an unlawful user of and addicted to a controlled substance.
The charges are merely an accusation and Antrim is presumed innocent until and unless proven guilty.
The investigation is being conducted by the South Dakota Highway Patrol, the South Dakota Division of Criminal Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Antrim was released pending trial, which has been set for August 16, 2016.
Box Elder Man Indicted for Illegal Possession of a FirearmRead the Press Release
United States Attorney Randolph J. Seiler announced that a Box Elder, South Dakota, man has been indicted by a federal grand jury for Possession of a Firearm by a Prohibited Person and Possession and Sale of a Stolen Firearm.
Daniel Joseph Newingham, age 41, was indicted on June 21, 2016. He appeared before U.S. Magistrate Judge Daneta Wollmann on June 27, 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 charges relate to Newingham illegally possessing a Glock 9mm pistol at Rapid City. The charges are merely an accusation and Newingham 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.
Newingham was remanded to the custody of the U.S. Marshals Service pending trial.
St. Francis Man Found Not Guilty of Aggravated Sexual Abuse of a ChildRead the Press Release
United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man was acquitted of Aggravated Sexual Abuse of a Child and Abusive Sexual Contact with a Child as a result of a federal jury trial in Pierre, South Dakota, beginning June 21, 2016 and concluding on June 23, 2016.
James Wade Henry, Sr., age 40, was indicted by a federal grand jury on October 14, 2015.
The charges stemmed from an alleged incident that occurred in September 2014.
The investigation was conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. The U.S. Attorney's Office prosecuted the case.
Parmelee Man Sentenced for Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Randolph J. Seiler announced that a Parmelee, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on June 20, 2016, by U.S. District Judge Roberto A. Lange.
Darius Whipple, Sr., age 24, was sentenced to 30 months in custody, followed by 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Whipple was indicted for two counts of Assault With a Dangerous Weapon and one count of Assault Resulting in Serious Bodily Injury by a federal grand jury on February 4, 2016. He pled guilty to Assault Resulting in Serious Bodily Injury on March 28, 2016.
On the morning of August 28, 2015, Whipple’s ex-girlfriend, the victim, was visiting a friend’s apartment in Mission, when Whipple came to the door and would not leave. The victim’s friend informed the victim she needed to leave. The victim left the apartment and started running away from Whipple. Whipple chased the victim and began assaulting her in the middle of the road, by punching her in the face and head until she fell to the ground unconscious. Whipple then fled the area on foot. The victim had to be transported by ambulance to the hospital and was subsequently treated for a broken jaw, requiring her jaw to be wired shut for at least six weeks.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk W. Albertson prosecuted the case.
Whipple was immediately turned over to the custody of the U.S. Marshals Service.
Little Eagle Man Charged with Aggravated Sexual Abuse of a ChildRead the Press Release
United States Attorney Randolph J. Seiler announced that a Little Eagle, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child.
Reuben James Flying Bye, age 27, was indicted on June 14, 2016. He appeared before U.S. Magistrate Judge William D. Gerdes on June 22, 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, a mandatory special assessment of up to $5,000, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about May 3, 2016, Flying Bye knowingly engaged in, and attempted to engage in, a sexual act with a child who had not attained the age of 12 years.
The charge is merely an accusation and Flying Bye 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.
Flying Bye was remanded to the custody of the U.S. Marshals Service pending trial. Trial has been set for August 23, 2016.
Timber Lake Man Sentenced for Assault with a Dangerous WeaponRead the Press Release
United States Attorney Randolph J. Seiler announced that a Timber Lake, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on June 21, 2016, by U.S. District Judge Roberto A. Lange.
Dustin Buffalo, age 33, was sentenced to 40 months in custody, to be served concurrent with the sentence he received in another, but separate, assault case. Following his release, Buffalo will be on supervised release for 2 years. He was ordered to pay a special assessment of $100 to the Federal Crime Victims Fund.
Buffalo was indicted by a federal grand jury on January 21, 2016. He pled guilty on March 29, 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 Buffalo and one of the victim’s stepchildren. When the victim attempted to intervene in the altercation, Buffalo turned on the victim and began physically assaulting him, hitting him on the right side of his head with a large, heavy metal cross. The blows knocked the victim to the floor. His head was cut open and he began to bleed. Buffalo repeatedly hit and kicked the victim while he was lying on the floor. The victim received medical treatment for his injuries, but continues to have problems with dizziness, headaches, and blurred vision because of the assault.
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.
Buffalo was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on June 21, 2016, by U.S. District Judge Roberto A. Lange.
Daniel Red Horse, Jr., age 45, was sentenced to 24 months in custody, followed by 5 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.
Red Horse was indicted by a federal grand jury on March 15, 2016. He pled guilty on April 26, 2016.
Red Horse was convicted in federal court in 1990 for Sexual Abuse of a Minor, and in 2012 for Sexual Contact. Red Horse was released from custody in August 2013. He is required to register as a sex offender and to update his registration within three business days of relocating or changing employment. The current conviction stemmed from Red Horse moving out of his residence in Rapid City, returning to the Cheyenne River Reservation, and failing to update his registration. Red Horse had not registered during the nearly six weeks he was on absconder status from supervised release.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services and the U.S. Marshals Service. Assistant U.S. Attorney Jay Miller prosecuted the case.
Red Horse was immediately turned over to the custody of the U.S. Marshals Service.
Pine Ridge Man Indicted for Health Care FraudRead 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 False Statements Relating to Health Care Matters and Attempt to Obtain Controlled Substance by Fraud.
William Wounded, age 20, was indicted on March 22, 2016. Wounded appeared before U.S. Magistrate Judge Daneta Wollmann on June 20, 2016, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is up to 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Wounded using a falsified prescription to obtain Hydrocodone on October 21, 2015, at the Indian Health Services Pharmacy in Pine Ridge.
The charges are merely accusations and Wounded is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Department of Health and Human Services, Office of Inspector General. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Wounded was released on bond pending trial. A trial date has been set for August 23, 2016.