District of South Dakota
Press releases recorded for this federal judicial district.
Fort Thompson Woman Charged with Involuntary Manslaughter and Child AbuseRead the Press Release
United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, woman has been indicted by a federal grand jury for Involuntary Manslaughter and Child Abuse.
Bonita Keeble, a/k/a Bonita Hare, age 34, was indicted on April 13, 2016. She appeared before U.S. Magistrate Judge Mark A. Moreno on June 21, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction of Involuntary Manslaughter is up to eight years in custody, and conviction of Child Abuse is up to 15 years in custody. Each charge carries a penalty of up to a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
It is alleged that around July 27, 2015, Keeble killed a minor child under the age of seven by acting in a grossly negligent manner by overlaying and smothering the child.
The charge is merely an accusation and Keeble is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Keeble was released on bond pending trial. A trial date has not been set.
Eagle Butte Man Sentenced for Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on June 20, 2016, by U.S. District Judge Roberto A. Lange.
Carl White Eagle, age 27, was sentenced to 21 months in custody, followed by 2 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.
White Eagle was indicted by a federal grand jury on August 11, 2015. He pled guilty to Assault Resulting in Serious Bodily Injury on March 29, 2016.
The conviction stems from an incident that took place on April 5, 2015, at Eagle Butte, when White Eagle and some friends were visiting and drinking at a residence. At some point, White Eagle and his girlfriend got into an argument about him being with other girls. They were standing in the kitchen entryway, and when the victim walked behind them, White Eagle turned around and without warning or saying anything, assaulted the victim, knocking her to the floor. The victim tried to get up, but was dazed. Blood was pouring from her mouth and she was crying. When the victim sought medical attention later that day, she told the doctors what had happened and law enforcement was notified. The victim required complex plastic surgery to repair the injuries to her lip and mouth.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
White Eagle was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for LarcenyRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of larceny was sentenced on June 20, 2016, by U.S. District Judge Roberto A. Lange.
Sage Nelson, age 29, was sentenced to time served, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Nelson was indicted for Larceny by a federal grand jury on December 8, 2015. He pled guilty on March 29, 2016.
The conviction stems from a June 19, 2015, incident when Nelson stole a pickup truck that was parked in front of the Eagle Bar in Eagle Butte. The owner had left the keys in the vehicle while he went inside to visit with his brother. Acting on a report from Nelson’s girlfriend, law enforcement located the vehicle and a Corson County deputy conducted a felony (high-risk) traffic stop about 76 miles from where the vehicle was stolen. Nelson was the driver and lone occupant of the vehicle. His BAC was .156 and several open containers were recovered from the interior of the vehicle.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services, the Corson County Sheriff’s Department, the Mobridge City Police Department, the Walworth County Sheriff’s Department, the Bureau of Indian Affairs, Standing Rock Agency, and the Federal Bureau of Investigation. Assistant U.S. Attorney Jay Miller prosecuted the case.
Mission Man Sentenced for Assault with a Dangerous WeaponRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on June 14, 2016, by U.S. District Judge Roberto A. Lange.
Reuben One Star, age 26, was sentenced to 46 months in custody, followed by 3 years of supervised release, a $100 special assessment to the Federal Crime Victims Fund, and restitution which will be determined at a later date.
One Star was indicted for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury by a federal grand jury on December 8, 2015. He pled guilty to Assault with a Dangerous Weapon on March 8, 2016.
On October 12, 2015, the victim was at his home in Mission. One Star, his girlfriend, and two other individuals came to the victim’s house. One Star was intoxicated when he arrived. One Star began to argue with his girlfriend and he became aggressive toward her. One of the other individuals at the victim's house intervened in the argument and began to fight with One Star. Eventually, One Star walked out of the back door of the home. The two individuals left and they took One Star’s girlfriend with them.
One Star came back into the home and hit the victim across the face with a crow bar. The victim was knocked unconscious. The victim had a broken nose, a fractured upper jaw, and substantial facial lacerations. The victim required reconstructive surgery for the injuries to his nose. There was also a contusion in the shape of a crow bar on the victim's abdomen.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.
One Star was immediately turned over to the custody of the U.S. Marshals Service.
Dupree Man Sentenced for Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Randolph J. Seiler announced that a Dupree, 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.
Orville Belt, Jr., age 41, was sentenced to 41 months in custody, 2 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.
Belt was indicted for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury by a federal grand jury on February 17, 2016. He pled guilty to Assault Resulting in Serious Bodily Injury on March 29, 2016.
The conviction stems from an incident that took place on January 1, 2016, at Dupree, when Belt and the victim were drinking together. Belt and the victim were in a relationship. Belt got angry with the victim and pulled the victim’s chair from under her so that she fell to the floor. He then began hitting the victim with his fists multiple times, knocking her unconscious. When she came to, Belt was kicking her multiple times with black combat boots. The victim did not receive medical treatment until two days after the assault, when a neighbor saw her and reported to law enforcement that the victim had been “severely assaulted.” The law enforcement officer who responded to the Belt residence knew the victim, but did not recognize her that day due to the severity of her injuries.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Belt was immediately turned over to the custody of the U.S. Marshals Service.
Cherry Creek Man Sentenced for Assault with a Dangerous WeaponRead the Press Release
United States Attorney Randolph J. Seiler announced that a Cherry Creek, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on June 20, 2016, by U.S. District Judge Roberto A. Lange.
Randy Little Shield, age 25, was sentenced to 41 months in custody, 3 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.
Little Shield was indicted by a federal grand jury on January 21, 2016. He pled guilty on April 4, 2016.
The conviction stems from an incident that took place on October 8, 2015, at Cherry Creek, when a verbal exchange between the victim and Little Shield’s girlfriend quickly turned physical. At some point, Little Shield’s girlfriend had the upper hand and was the only one landing any blows. The fight moved around the car from the passenger side to the driver's side. Little Shield ran to his uncle's house and returned with a baseball bat. He took a full swing with the bat and hit the victim in the midsection/ribs with the bat. He then stepped back, took another swing, and hit her in the leg/knee with the bat. A bystander grabbed a board and used it to fend off Little Shield. At that point, the two groups separated and the police were called.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Little Shield was immediately turned over to the custody of the U.S. Marshals Service.
Winner Man Charged with Sexual Abuse of a ChildRead the Press Release
United States Attorney Randolph J. Seiler announced that a Winner, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child and Abusive Sexual Contact with a Child.
Joseph Edward Cordier, age 38, was indicted on April 13, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 10, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or up to $500,000 in fines, up to life of supervised release, and $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
It is alleged that between June 19, 2007, and June 19, 2009, Cordier engaged in, and attempted to engage in a sexual act and sexual contact with a child under the age of 12 years old.
The charge is merely an accusation and Cordier is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Kirk W. Albertson is prosecuting the case.
Cordier was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Eighth Circuit Court of Appeals Affirms Conviction of Felon in Possession of FirearmRead 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. 15-2576, United States of America, appellee, v. Cody Allen Nowak, appellant.
Cody Allen Nowak was convicted of being a felon in possession of a firearm. The district court denied his motion to suppress and sentenced Nowak to 27 months of imprisonment and two years of supervised release. Nowak alleged in his appeal that police officers violated his Fourth Amendment rights by searching his backpack without a warrant.
Nowak was a passenger in the front seat of friend Harry Madsen’s car. He had placed his backpack on the floor in front of him. Madsen was pulled over by a Sioux Falls police officer because his license plate tags were expired. While the officer was contacting dispatch, Nowak exited Madsen’s car and ran from the scene.
Madsen gave the officer permission to search the car where the officer found Nowak’s backpack. Madsen told the officer that the backpack belonged to Nowak. Inside the backpack, the officer found a Hi-Point .45 caliber handgun wrapped in a bandana.
Nowak moved to suppress evidence of the firearm alleging that the warrantless search of his backpack was a violation of his Fourth Amendment right to be free of unreasonable searches. The district court found that Nowak had abandoned the backpack and thus had no privacy interest in its contents. Nowak appealed.
In today’s published opinion, the federal court of appeals affirmed the decision of the district court.
Assistant U.S. Attorney Jennifer Mammenga prosecuted the case at trial, and Assistant U.S. Attorney Kevin Koliner handled the appeal for the government.
Wakpala Man Sentenced for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Wakpala, South Dakota, man convicted of Assault Resulting in Substantial Bodily Injury to a Spouse, Intimate Partner or Dating Partner was sentenced on June 13, 2016, by U.S. District Judge Charles B. Kornmann.
Christopher Lee Delong, age 40, was sentenced to 28 months in custody, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Delong was indicted by a federal grand jury on July 14, 2015. He pled guilty on December 15, 2015.
The conviction stemmed from an incident on June 27, 2015, when law enforcement was informed by the victim that her boyfriend was beating her up. Upon arrival, law enforcement made contact with the victim and Delong. The officer could see that the victim had blood on her lips, a swollen left eye, and what appeared to be a broken hand. The victim explained that Delong hit her on the face when he became angry when another person took his car keys from him. As a result of the assault, the victim sustained a cut lip, a swollen left eye, multiple abrasions to her body, and a severely swollen hand.
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Delong was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Sentenced for Child Abuse and Aiding and AbettingRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Child Abuse was sentenced on June 13, 2016, by U.S. District Judge Roberto A. Lange.
Tate Luta Red Feather, age 25, was sentenced to 18 months in custody, followed by 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Red Feather was indicted for Child Abuse and Making False Statements to a Federal Agent by a federal grand jury on October 14, 2015. He pled guilty to Child Abuse on March 8, 2016.
On June 3, 2015, Red Feather was drinking and using marijuana with another adult and a teenager. At one point, the group took Red Feather’s vehicle and drove to the store to buy more alcohol, taking the defendant’s four-year-old son with them. They continued to consume alcohol as they drove around.
At approximately 6:20 pm, the group was traveling on BIA 1, south of St. Francis, in an area where the posted speed limit is 25 miles per hour. The teenager was driving, the adult was in the passenger seat, and Red Feather was in the back seat with his son. The vehicle was traveling at approximately 57 miles per hour when it came upon a curve, failed to negotiate the curve, overcorrected, and left the roadway before rolling multiple times.
Red Feather, the child, and the adult passenger were not wearing seat belts and were ejected from the vehicle. As a result of the wreck, the child suffered fractures to his skull and one closed rib fracture, and Red Feather suffered injuries to his head, neck, and left shoulder. The adult passenger died as a result of his injuries. Blood tests subsequently indicated both Red Feather’s and the teenager’s blood alcohol level to be above .10. The defendant’s blood test also indicated he had used marijuana.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation. Assistant U.S. Attorney Kirk W. Albertson prosecuted the case.
Red Feather was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of two counts of Assaulting, Resisting, Opposing, and Impeding a Federal Officer was sentenced on June 13, 2016, by U.S. District Judge Roberto A. Lange.
Lambert James Gunhammer, age 33, was sentenced to 22 months in custody, 3 years supervised release, a $200 special assessment to the Federal Crime Victims Fund, and $3,516.00 in restitution.
Gunhammer was indicted for two counts of Assaulting a Federal Officer by a federal grand jury on December 8, 2015. He pled guilty on March 7, 2016.
In the early morning hours of November 18, 2015, Rosebud Sioux Tribe Law Enforcement Services responded to a call for service at the Rosebud Casino, when the casino manager reported Gunhammer as a danger. When the officers approached Gunhammer, he told the officers he smoked marijuana prior to going to the casino. Gunhammer was placed under arrest for drug charges and transported to the Adult Correctional Facility (ACF) in Rosebud. Gunhammer was released from tribal custody several hours later; however, he remained in the lobby of the ACF and refused to leave the building. At approximately 1:00 p.m. that day, a law enforcement officer approached Gunhammer in an effort to try to get him to leave the ACF facility. Gunhammer eventually agreed to leave the building with the officer; however, once outside, he attempted to pull the officer back into the building. He was arrested for disorderly conduct and escorted to the booking area of the ACF facility, where he was placed in the observation cell in the booking area and continued to yell at correctional officers.
At approximately 2:30 p.m. that same day, a corrections officer attempted to enter the observation cell. Gunhammer complied with the officer's initial instructions to stand away from the door, but as the officer attempted to open the door, Gunhammer charged and forced his way through to the booking area. The officer was able to place his arms around Gunhammer, but he continued to struggle with the officer. A second corrections officer was at a nearby computer station and immediately responded to the assault. The struggle moved from the door of the observation cell to behind the computer desk in the booking area. Gunhammer was able to free his left arm and began to throw any item he could reach to the ground, including several computer monitors. The struggle caused the second officer to fall into a concrete barrier by the computer station, where he hit his upper neck against a corner of the concrete. The second officer remained conscious but was dazed. At one point, Gunhammer grabbed a computer monitor and threw it to the ground, and the monitor hit the second officer in the head. The first officer deployed pepper spray in Gunhammer's face, and he attempted to run to another part of the facility.
Additional correctional officers then responded to the attack. Approximately 30 seconds after the attack began, the officers were able to enter the area and intercept Gunhammer as he moved from the computer desk to the open portion of the intake area. Gunhammer struck a third officer in the face while trying to evade the officers, who were then able to subdue him.
This case was investigated by Rosebud Sioux Tribe Adult Corrections Services and Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.
Gunhammer was immediately turned over to the custody of the U.S. Marshals Service.
Kyle Man Indicted for Assaulting a FemaleRead the Press Release
United States Attorney Randolph J. Seiler announced that a Kyle, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Wilbur Hunter, age 52, was indicted on May 24, 2016. Hunter appeared before U.S. Magistrate Judge Daneta Wollmann on June 10, 2016, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Hunter using a blunt object to assault a female at Kyle on March 10, 2016.
The charges are merely accusations and Hunter is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Megan Poppen is prosecuting the case.
Hunter was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for August 16, 2016.
Eagle Butte Woman Sentenced for Voluntary ManslaughterRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, woman convicted of Voluntary Manslaughter was sentenced on June 14, 2016, by U.S. District Judge Roberto A. Lange.
Richelle Bowker, age 37, was sentenced to 126 months in custody, followed by 3 years of supervised release, $9,464.76 in restitution, and a $100 special assessment to the Federal Crime Victims Fund.
Bowker was indicted by a federal grand jury for Second Degree Murder on July 14, 2015. She pled guilty to Voluntary Manslaughter on March 8, 2016.
Bowker and the victim had been in a relationship for approximately eight years. The conviction stemmed from an incident on June 9, 2015, when Bowker and the victim began arguing. At some point, the victim took Bowker’s phone and broke it in half. Bowker went to the kitchen, grabbed a steak knife and stabbed him with it six times. The victim was stabbed three times in his chest, twice in his right shoulder and back, and once in his left hand. He died as a result of the multiple stab wounds.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation. Assistant U.S. Attorney Jay Miller prosecuted the case.
Bowker was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for Possession of Firearm by Prohibited PersonRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Possession of Firearm by Prohibited Person was sentenced on June 13, 2016, by U.S. District Judge Roberto A. Lange.
Nelson Red Bird, age 26, was sentenced to 37 months in custody, 2 years of supervised release, a $500 fine, and a special assessment of $100 to the Federal Crime Victims Fund. Red Bird also forfeits $1,157 in cash, a firearm and ammunition seized during a search of his vehicle.
Red Bird was indicted by a federal grand jury on January 21, 2016. He pled guilty on March 8, 2016.
Red Bird was convicted of a felony in federal court in November 2010 and was sentenced to 40 months of custody. His initial supervised release began in 2013, but was revoked in March 2015 when urine samples tested positive for both marijuana and methamphetamine. Red Bird’s second term of supervised release began on June 8, 2015. On August 24, 2015, Red Bird absconded from the Community Alternatives of the Black Hills. On August 25, 2015, Cheyenne River Sioux Tribe Law Enforcement was dispatched to investigate a report that a man in a white vehicle in a motel parking lot appeared to be under the influence. Due to Red Bird’s suspicious actions inside the vehicle and his providing false names to the officers, Red Bird was detained and a police service dog was deployed around the vehicle. When the dog indicated on the driver side door, the vehicle was searched and marijuana, drug paraphernalia, $1,157 in cash, a shotgun and ammunition were found in the vehicle.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Red Bird was immediately turned over to the custody of the U.S. Marshals Service.
Utah Man Charged with Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Utah man has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance.
Alfredo Chavez Mendoza, a/k/a Alfredo Chavez-Mendoza, a/k/a Maniac, a/k/a Julian, age 26, was indicted on April 13, 2016. He appeared before United States Magistrate Mark A. Moreno on June 10, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is at least 5 years and up to 40 years in custody and/or a $5,000,000 fine, at least 4 years and up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The indictment alleges that between August 1, 2015, and April 13, 2016, Mendoza knowingly and intentionally combined, conspired, confederated and agreed with other persons to knowingly and intentionally distribute and possess with intent to distribute methamphetamine in South Dakota.
The charges are merely an accusation and Mendoza is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services, Federal Bureau of Investigation, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Mendoza was remanded to the custody of the U.S. Marshals Service pending trial. Trial has been set for September 2, 2016.
Lower Brule Man Sentenced for Possession of a Firearm by a Prohibited PersonRead the Press Release
United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on June 13, 2016, by U.S. District Judge Roberto A. Lange.
Lance Corey Flute, age 37, was sentenced to 4 months in custody, 2 years of Supervised Release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Flute was indicted by a federal grand jury on January 21, 2016. He pled guilty on March 8, 2016.
The conviction stemmed from an incident on December 17, 2015, when the Bureau of Indian Affairs, Crow Creek Agency, received a call from the Lower Brule dispatch indicating a male had shot himself in the stomach while inside a vehicle and had died at the Lower Brule clinic. The victim had been a passage in a vehicle driven and registered to Flute. Investigation into the shooting revealed that the deceased male had accidentally shot himself with a rifle belonging to Flute.
Flute, who had been convicted of a crime punishable by imprisonment for a term exceeding one year, was prohibited from owning a firearm.
This case was investigated by the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Flute is to report to the custody of the U.S. Marshals Service on or before June 27, 2016.
Eagle Butte Man Sentenced for Tampering with a Victim or WitnessRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Tampering with a Victim or Witness was sentenced on June 6, 2016, by U.S. District Judge Roberto A. Lange.
William Willard Miner, age 57, was sentenced to a year and a day in custody, 18 months of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.
Miner was indicted by a federal grand jury on September 9, 2015. He pled guilty on March 22, 2016.
The conviction stemmed from an incident on June 13, 2015, when Miner, who was at some friends’ house in the White Horse Community, drinking and socializing with them. At some point, Miner and another friend went to Mobridge to get more alcohol. When they returned, the victim was at the residence and Miner walked up to him and threatened him. Miner is related to Sage Miner, who assaulted the victim by hitting and kicking him several times in a separate federal matter. Sage Miner was sentenced to one year and a day in custody.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Miner was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Indicted for Using the Internet to Engage in Illegal Sexual ActivityRead 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 Sexual Exploitation of a Minor, Enticement of a Minor Using the Internet, and Receipt of Child Pornography.
Shane Douglass Davison, age 35, was indicted on May 24, 2016, and appeared before U.S. Magistrate Judge Daneta Wollmann on June 3, 2016. He pleaded not guilty to the Indictment.
The penalty upon conviction is a mandatory minimum of 15 years of imprisonment, a $250,000 fine, lifetime of supervised release, and a $5,000 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Davison using a cell phone and computer to engage in illegal sexual activity with minor females located in the Philippines. The charges are merely an accusation and Davison 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 B. Collins is prosecuting the case.
Davison was detained pending trial. A trial date has been set for July 26, 2016.
Rapid City Man Indicted for EscapeRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Escape from Custody.
Elias LaPointe, age 23, was indicted on May 24, 2016, and appeared before U.S. Magistrate Judge Daneta Wollmann on June 3, 2016. He pleaded not guilty to the Indictment.
The maximum penalty upon conviction is 5 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 LaPointe leaving the Community Education Center halfway house and not returning as instructed. The charge is merely an accusation and LaPointe 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.
LaPointe was detained pending trial. A trial date has been set for July 26, 2016.
Pine Ridge Man Indicted for Assault and KidnappingRead 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 Kidnapping, Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and Assault by Strangulation and Suffocation.
Tommy Blue Bird, age 27, was indicted on May 24, 2016. Blue Bird appeared before U.S. Magistrate Judge Daneta Wollmann on June 3, 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 Blue Bird holding a female against her will and assaulting her at Pine Ridge. The charges are merely an accusation and Blue Bird is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs Justice Services and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Ben Patterson is prosecuting the case.
Blue Bird was remanded to the custody of the U.S. Marshals Service pending trial.
Kyle Man Sentenced for Possession with Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Kyle, South Dakota, man convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on June 3, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Raymond Richard Janis, age 33, was sentenced to 24 months of imprisonment, followed by 2 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Janis was charged on February 18, 2015, and pleaded guilty on February 29, 2016. The conviction stems from Janis being found in possession of methamphetamine during a traffic stop near Kyle.
The investigation was conducted by the Northern Plains Safe Trails Task Force and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Ben Patterson prosecuted the case.
Eagle Butte Man Sentenced for Assault with a Dangerous WeaponRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on June 6, 2016, by U.S. District Judge Roberto A. Lange.
Christofer Sand, age 18, was sentenced to 33 months in custody, followed by 2 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.
Sand was indicted by a federal grand jury on November 10, 2015. He pled guilty on January 20, 2016.
The conviction stemmed from an incident on August 10, 2015, when Sand, who was at his residence with other people, drinking, socializing, and playing video games, got angry at the victim and stabbed him three times in the chest, and one time on his side under his left arm. The victim had difficulty breathing, but was able to walk to a friend’s house where he collapsed.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Sand was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced on Firearm OffensesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Possession of Firearm by a Prohibited Person and Possession of a Stolen Firearm was sentenced on June 2, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Patrick Harding, age 59, was sentenced to 20 months of imprisonment, followed by 3 years of supervised release, and ordered to pay a $200 special assessment to the Federal Crime Victims Fund.
Harding was charged on November 19, 2014, and was found guilty of both offenses after a three-day federal jury trial in January 2016. The conviction stems from Harding, a previously convicted felon, knowingly possessing a stolen Glock, model 23C, .40 caliber pistol in Rapid City.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Rapid City Police Department. Assistant U.S. Attorney Ben Patterson prosecuted the case.
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 6, 2016, by U.S. District Judge Roberto A. Lange.
Odell Thomas Goodshield, Jr., age 57, was sentenced to 13 months in custody, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Goodshield was indicted for Failure to Register as a Sex Offender by a federal grand jury on February 17, 2016. He pled guilty on March 29, 2016.
On June 14, 1999, Goodshield was sentenced to 188 months in federal custody for Aggravated Sexual Abuse of a Minor. As a result of his conviction, he is required to register as a sex offender. Between January 6, 2016, and January 28, 2016, Goodshield, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under Federal Law, failed to properly register as a sex offender in Pennington County and elsewhere.
This case was investigated by United States Marshals Service. Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.
Goodshield was immediately turned over to the custody of the U.S. Marshals Service.
Wisconsin Man Charged with Aggravated Sexual Abuse of a Child and Abusive Sexual Contact of a ChildRead the Press Release
United States Attorney Randolph J. Seiler announced that a Milwaukee, Wisconsin, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child and Abusive Sexual Contact of a Child.
Dashown Raymond Keys, age 24, was indicted on April 13, 2016. He appeared before U.S. Magistrate Judge William D. Gerdes on May 31, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $1,250,000 fine, up to life of supervised release, and $500 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between November 1, 2013, and September 6, 2015, Keys knowingly engaged in and attempted to engage in sexual acts with a female who had not attained the age of 12 years.
The charges are merely accusations and Keys 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.
Keys was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
White River Man Charged with Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a White River, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance.
Stephan George Jones, a/k/a Stephen George Jones, age 45, was indicted on May 17, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 31, 2016, and pled not guilty to the Indictment.
The penalty upon conviction is 10 years up to life in custody and/or a $10,000,000 fine, five years up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
It is alleged that between September 1, 2013, and May 17, 2016, Jones conspired to distribute 500 grams or more of methamphetamine in the District of South Dakota.
The charge is merely an accusation and Jones is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services, the Federal Bureau of Investigation, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Jones was released on bond pending trial. A trial date has not been set.
Sioux Falls Man Charged with Failure to Register as a Sex OffenderRead 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 Failure to Register as a Sex Offender.
David George Flute, III, age 26, was indicted on May 17, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 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 of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that Flute, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under federal law, knowingly failed to register and update his registration.
The charge is merely an accusation and Flute is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Flute was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rosebud Man Charged with Conspiracy to Distribute MethamphetamineRead 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 Conspiracy to Distribute a Controlled Substance, two counts of Possession with Intent to Distribute a Controlled Substance, and Possession of a Firearm by a Prohibited Person.
Benjamin Young, a/k/a Benjamin Two Eagle, age 34, was indicted on May 17, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 26, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction of the three drug charges is up to 20 years in custody and/or a $1,000,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund for each charge. The maximum penalty upon conviction of the firearm charge is up to 10 years in custody and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund for each charge. Restitution may also be ordered.
It is alleged that between January 1, 2015, and May 17, 2016, Young conspired with others to distribute methamphetamine, and that on September 19, 2015, and September 23, 2015, Young possessed methamphetamine with the intent to distribute it. It is also alleged that on September 23, 2015, while being an unlawful user of a controlled substance, Young possessed a firearm in violation of federal law.
The charge is merely an accusation and Young is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Young was released on bond pending trial. A trial date has not been set.
Rapid City Woman Indicted for Health Care Fraud and Identity TheftRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, woman has been indicted by a federal grand jury for False Statements Relating to Health Care Matters, Aggravated Identity Theft, Health Care Fraud, and Obtaining or Attempting to Obtain Controlled Substances by Fraud.
Tiffany Mills, age 43, was indicted on May 24, 2016. Mills appeared before U.S. Magistrate Judge Daneta Wollmann on May 27, 2016, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Mills using the identifications of other people to obtain prescriptions of controlled substances in South Dakota between June and October of 2014.
The charges are merely accusations and Mills 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 Megan Poppen is prosecuting the case.
Mills was released on bond pending trial. A trial date has been set for August 2, 2016.
Mission Man Sentenced for Assault with a Dangerous Weapon and Aiding and AbettingRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Assault with a Dangerous Weapon and Aiding and Abetting was sentenced on June 1, 2016, by U.S. District Judge Roberto A. Lange.
James Dean Iron Ring, age 25, was sentenced to 19 months in custody, 2 years of supervised release, $100 to the Federal Crime Victims Fund, and $661.25 in restitution.
On May 12, 2015, Iron Ring was indicted by Superseding Indictment for Discharge of a Firearm During Crime of Violence, and five counts of Assault with a Dangerous Weapon and Aiding and Abetting. He pled guilty on March 14, 2016, to one count of Assault with a Dangerous Weapon and Aiding and Abetting.
On the evening of February 27, 2015, Iron Ring drove to Sunrise Apartments in Mission, with Richard Fool Bull and a juvenile. Iron Ring and the juvenile remained in the vehicle while Fool Bull approached the apartment. Fool Bull stood outside of the apartment and discharged a firearm eight times into the apartment. Iron Ring then drove Fool Bull and the juvenile away from the apartments.
Five individuals were inside of the apartment at the time of the shooting. One of the bullets grazed one victim’s arm.
Previously, Fool Bull pled guilty to two counts of Assault with a Dangerous Weapon and Aiding and Abetting, one count of Prohibited Person in Possession of Ammunition, and two counts of Failure to Register as a Sex Offender. On March 28, 2016, Fool Bull was sentenced to 117 months in custody, 5 years of supervised release, $500 in special assessments to the Federal Crime Victims Fund, and $661.25 in restitution.
This case was investigated by the U.S. Marshals Service and Rosebud Sioux Tribal Law Enforcement Services. Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.
Iron Ring was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Charged with Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Assaulting, Opposing, Resisting, and Impeding a Federal Officer.
Richard Joseph One Feather, age 46, was indicted on April 13, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 26, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to eight years in custody and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
It is alleged that on March 29, 2016, One Feather assaulted a federal officer involving physical contact after an attempted traffic stop.
The charge is merely an accusation and One Feather 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.
One Feather was released on bond pending trial. A trial date has not been set.
Huron Man Charged with Simple AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Huron, South Dakota, man has been charged by Complaint for Simple Assault.
James Christopher Wahl, a/k/a Kris Casanova, age 27, was charged on April 29, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 27, 2016, and pled not guilty to the Complaint.
The maximum penalty upon conviction is up to 6 months in custody and/or a $5,000 fine, 1 year of supervised release, and $10 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Complaint alleges that on or about April 4, 2016, Wahl, a non-Indian, unlawfully assaulted a female acquaintance who is a tribal member, and said assault, which occurred on the reservation, constituted Simple Assault.
The charge is merely an accusation and Wahl is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Wahl was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Piedmont Man Sentenced for Failing to Pay Taxes and Concealing Bankruptcy AssetsRead the Press Release
United States Attorney Randolph J. Seiler announced that a Piedmont, South Dakota, man convicted of Failure to Withhold, Properly Account For, and Pay Over Tax, and Concealment of Bankruptcy Assets was sentenced on May 27, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court. The Defendant was charged on January 26, 2016, and pleaded guilty on February 12, 2016.
Bernard Haag, age 58, was sentenced to 18 months of imprisonment, 3 years of supervised release, ordered to pay a $200 special assessment to the Federal Crime Victims Fund, $230,854.85 in restitution to the Internal Revenue Service, and $70,000 to various bankruptcy creditors.
During the years 2005 through 2009, Haag was the president and sole shareholder of Big Dog Industries, Inc. (“Big Dog”), a corporation located in Piedmont. During the years 2010 through 2012, Haag was the sole member of Concept Development, LLC (“Concept Development”), a limited liability company located in Piedmont. From 2005 through 2012, Haag used Big Dog and Concept Development to operate a day care business in Piedmont, under the business name Piedmont Preschool and Child Care Center (“PPCCC”).
During the same time period, Haag withheld taxes from his employees’ wages, including federal income tax, social security, and Medicare taxes for employees of Big Dog and Concept Development, and willfully failed to pay over those taxes to the United States for all of 2005 through 2011, and three quarters of 2012. Haag also willfully failed to pay the employer’s portion of taxes on wages paid to employees of Big Dog and Concept Development for all of 2005 to 2012. Rather than paying over the taxes, Haag used a portion of the withholdings for his own personal use.
In 2006, Haag filed for a bankruptcy. During the pendency of his bankruptcy proceeding (2006-2012), Haag knowingly concealed property belonging to his bankruptcy estate from the bankruptcy trustee, including taxes he withheld from employee’s paychecks but failed to pay over to the government during the years 2005 through 2011. Haag also concealed substantial amounts of gross income related to the operation of PPCCC from the bankruptcy trustee.
The investigation was conducted by the Internal Revenue Service Criminal Investigation Division. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Hermosa Man Sentenced for Assault with a Dangerous WeaponRead the Press Release
United States Attorney Randolph J. Seiler announced that a Hermosa, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on May 27, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Anthony Two Bulls, age 44, was sentenced to 24 months’ custody, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Two Bulls pleaded guilty to Assault with a Dangerous Weapon on February 12, 2016.
The conviction stems from Two Bulls assaulting his mother with a trophy and his foot while wearing boots on December 1, 2015, at Red Shirt. This assault resulted in her receiving staples to close a laceration.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Two Bulls was immediately returned to the custody of the U.S. Marshals Service.
Eagle Butte Man Charged with AssaultRead 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 by Striking, Beating, and Wounding.
Chad Lara, age 32, was indicted on May 17, 2016. He appeared before United States Magistrate Judge Mark A. Moreno on May 25, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to one year in custody and/or a $100,000 fine, one year of supervised release, and $25 to the Federal Crime Victims Fund. Restitution may also be ordered.
It is alleged that on April 7, 2016, Chad Lara assaulted another individual by striking, beating and wounding him at the United States Federal Courthouse in Pierre, South Dakota.
The charge is merely an accusation and Lara 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.
Lara 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 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.
Lavern E. Looking Cloud, age 33, was indicted on June 16, 2015. Looking Cloud appeared before U.S. Magistrate Judge Daneta Wollmann on May 20, 2016, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Looking Cloud failing to register and update his registration as a convicted sex offender between April 25, 2014, and June 16, 2015.
The charge is merely an accusation and Looking Cloud is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Looking Cloud was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for July 19, 2016.
Little Eagle Man Acquitted of Assault with a Dangerous WeaponRead the Press Release
United States Attorney Randolph J. Seiler announced that a Little Eagle, South Dakota, man was acquitted of Assault with a Dangerous Weapon as a result of a federal jury trial in Aberdeen, South Dakota, on May 24, 2016.
Forrest Devan Yellow Earrings, age 24, was indicted by a federal grand jury on April 14, 2015.
The charge stemmed from an incident which occurred in January 2014, when Yellow Earrings allegedly assaulted a male acquaintance.
The investigation was conducted by the Federal Bureau of Investigation, and the Bureau of Indian Affairs, Standing Rock Agency. The U.S. Attorney's Office prosecuted the case.
Rapid City Man Charged with Multiple Counts in Relation to Shooting a Rosebud Police OfficerRead 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 two counts of Assaulting, Opposing, Resisting and Impeding a Federal Officer; Assault with a Dangerous Weapon; Assault Resulting in Serious Bodily Injury; two counts of Using and Carrying a Firearm During and in Relation to a Crime of Violence; two counts of Child Abuse; and Kidnapping.
Linn Cross Dog, III, age 22, was indicted on May 17, 2016. He appeared before United States Magistrate Judge Mark Moreno on May 25, 2016, and pled 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.
It is alleged that on May 11, 2016, during a routine traffic stop of a vehicle, Cross Dog, who was a passenger, took control of the vehicle at gun point and drove away with the remaining passengers in the vehicle, including two children. After a short vehicle pursuit, Cross Dog exited the vehicle, shot and wounded a Rosebud Sioux Tribe Police Officer, and fled on foot.
Based on this incident, Cross Dog was charged by criminal complaint with one count of Assault with a Dangerous Weapon, and a federal arrest warrant was issued.
It is further alleged that on May 13, 2016, as agents of the Federal Bureau of Investigation and United States Marshals Service were executing the arrest warrant at a house in Parmelee, South Dakota, Cross Dog was in possession of a firearm and forcibly resisted arrest.
The charges are merely accusations and Cross Dog is 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. Numerous additional agencies were involved in the search for Cross Dog between May 11 and 13, 2016, including the United States Marshals Service; the Bureau of Indian Affairs; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Rosebud Sioux Tribe Game, Fish and Parks Department; the South Dakota Highway Patrol; the South Dakota National Guard; the South Dakota Division of Criminal Investigation; the Mellette County Sheriff’s Office; the Stanley County Sheriff’s Office; and the Pierre Police Department. Assistant U.S. Attorney Kirk W. Albertson is prosecuting the case.
Cross Dog was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Pierre Man Sentenced for Conversion of Mortgaged PropertyRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pierre, South Dakota, man charged with Conversion of Mortgaged Property pled guilty to and was sentenced on May 16, 2016, by U.S. Magistrate Judge Mark A. Moreno.
Timothy Sherwood, age 36, was sentenced to five years of unsupervised probation, $25 to the Federal Crime Victims Fund, and $65,095.34 in restitution to the Farm Service Agency (FSA).
The conviction stems from an incident that occurred between December 12, 2011, and September 30, 2012, wherein Sherwood was provided a loan in the amount of $76,000 from the U.S. Department of Agriculture, administered by the FSA, to purchase sheep and cover expenses related to their care. Sherwood then sold the sheep without FSA approval, and deposited the proceeds of the sales into his personal banking account, rather than the FSA banking account as was required by the loan agreement. Following the sales, Sherwood did not buy any more sheep and did not remit the proceeds to the FSA to repay his loan balance as required. Sherwood instead spent large amounts of money on personal, non-ranch expenses.
The investigation was conducted by the FSA and the U.S. Department of Agriculture, Office of the Inspector General. The case was prosecuted by Assistant U.S. Attorney Meghan N. Dilges.
Two Men Indicted on Multiple ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that two men were indicted by a federal grand jury on April 19, 2016, for multiple offenses on the Pine Ridge Indian Reservation.
Timothy Buckman, age 31, of Pine Ridge, South Dakota, and Daelan High Wolf, age 29, of Wakpamni, South Dakota, were indicted for Tampering with a Victim by Threat, Robbery, and Assault with a Dangerous Weapon. High Wolf was also charged with Using Firearm During Crime of Violence.
Buckman and High Wolf appeared before U.S. Magistrate Judge Daneta Wollmann on May 20, 2016, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction for Buckman is 20 years of imprisonment; the maximum penalty for High Wolf is life imprisonment. Each charge also carries 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 Buckman and High Wolf assaulting a man while robbing his home, and then threatening him against testifying.
The charges are merely an accusation and Buckman and High Wolf are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.
Buckman and High Wolf were detained pending trial. A trial date has not been set.
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.
Johnny Lunderman, age 53, was indicted on May 17, 2016. He appeared before U.S Magistrate Judge Mark A. Moreno on May 19, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, a mandatory minimum of 5 years up to life of supervised release, and a $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
On August 31, 2009, Lunderman was sentenced to 40 months in federal custody for Sexual Abuse of a Minor. As a result of his conviction, he is required to register as a sex offender. It is alleged that between April 6, 2016, and April 20, 2016, Lunderman, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under Federal Law, failed to properly register as a sex offender in Pennington County and elsewhere.
The charge is merely an accusation and Lunderman 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.
Lunderman was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Lower Brule Man Sentenced for Criminal ContemptRead the Press Release
United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, man charged with Criminal Contempt pled guilty to and was sentenced on May 12, 2016, by U.S. Magistrate Judge Mark A. Moreno.
Vance TaSunke Witko, age 34, was sentenced to time served, equal to 21 days in custody, and $10 to the Federal Crime Victims Fund.
The conviction stems from an incident that took place on February 17, 2016, when TaSunke Witko failed to appear at the Federal Courthouse to testify at a hearing.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Services and the Lower Brule Police Department. The case was prosecuted by Assistant U.S. Attorney Kirk W. Albertson.
Fort Thompson Man Charged with Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Stuart Dion, age 32, was indicted on May 17, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 19, 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 or about April 16, 2016, at Fort Thompson, Dion 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 Dion is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Dion was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Eighth Circuit Court of Appeals Affirms Conviction for Being a Felon in Possession of a FirearmRead 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.15-1175, United States of America, appellee, v. Lance Majestic House, appellant.
House argued that the district court erred in denying his motion to suppress photographic identification evidence and that the identification tainted subsequent witness identifications of House as the suspect.
In July 2013, various witnesses saw a man pointing a handgun at another man in central Sioux Falls. The descriptions of the man with the handgun by different witnesses at each location were nearly identical. When confronted by police, House ran from the scene. Law enforcement showed a photo lineup that included House to the eyewitnesses, each of whom chose the photograph of House as matching the man they saw.
In January 2014, House was indicted by a grand jury for being a felon in possession of a firearm. At his jury trial, before the Honorable United States District Court Judge Karen E. Schreier, several witnesses made in-court identifications of House as the man they observed holding a firearm in July 2013. The jury returned a guilty verdict, and House was sentenced to 78 months of imprisonment, followed by three years of supervised release.
In today’s published opinion, the federal court of appeals affirmed the district court in all respects.
The case was investigated by the Sioux Falls Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Jennifer Mammenga prosecuted the case at trial and handled the appeal for the government.
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.
Cletis Creek, age 54, was indicted on May 17, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 19, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 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 May 17, 2016, Creek, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under State Law, failed to register and update his registration.
The charge is merely an accusation and Creek is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Creek was released on bond pending trial. A trial date has not been set.
Eagle Butte Man Charged with Aggravated Sexual Abuse of a ChildRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child.
Lawrence Oakie, age 34, was indicted on April 13, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 16, 2016, and pled not guilty to the Indictment.
The penalty upon conviction is a mandatory minimum of 30 years up to life in custody and/or a $250,000 fine, no less than five years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
It is alleged that sometime between August 28, 2015, and August 31, 2015, Oakie knowingly engaged and attempted to engage in a sexual act with a child under the age of 12 at a home in Todd County, South Dakota.
The charge is merely an accusation and Oakie is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Kirk W. Albertson is prosecuting the case.
Oakie 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 AssaultRead 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 Resulting in Serious Bodily Injury and Assault by Strangulation and Suffocation.
Ronnie Antelope, Sr., a/k/a Ronald Noisy Hawk, Sr., was indicted on May 17, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 19, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about April 18, 2016, Antelope unlawfully assaulted his spouse, intimate partner and dating partner, and strangled her, resulting in serious bodily injury.
The charges are merely accusations and Antelope 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.
Antelope was released to a third party pending trial. A trial date has not been set.
Three Minnesota Residents Sentenced in Marijuana Distribution and Money Laundering ConspiraciesRead the Press Release
United States Attorney Randolph J. Seiler announced that three Worthington, Minnesota, residents charged with conspiracies to distribute over 100 kilograms of marijuana and to launder money were sentenced on May 9, 2016, by U.S. District Judge Karen E. Schreier.
Somwang Wong Khanya, age 32, Inpaeng Phady, age 30, and Keophothone Rounoubon, age 23, were indicted on December 2, 2014. Khanya was charged with Conspiracy to Commit Money Laundering and Conspiracy to Distribute a Controlled Substance, and Phady and Rounoubon were charged with Conspiracy to Distribute a Controlled Substance.
Khanya pled guilty to Conspiracy to Commit Money Laundering on February 9, 2016, and was sentenced to 70 months in custody, to be followed by 3 years of supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund.
Phady pled guilty to the marijuana distribution conspiracy on February 9, 2016, and was sentenced to 30 months in custody, to be followed by 2 years of supervised release. She was also ordered to pay $100 to the Federal Crime Victims Fund.
Rounoubon pled guilty to the marijuana distribution conspiracy on February 5, 2016, and was sentenced to 23 months in custody, to be followed by 4 years of supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund.
The defendants had a source of marijuana in California, and traveled there from Worthington on many occasions to purchase and bring back marijuana for distribution in the Sioux Falls, South Dakota, area and elsewhere. They also used other individuals to make the trips and to distribute marijuana. Law enforcement believes at least 500 pounds of marijuana was sold.
Khanya used various methods to launder the proceeds of the marijuana sales, including purchasing many expensive items, such as 63 designer handbags, purses, and wallets from Louis Vuitton, Coach, Chanel, Gucci, and Burberry having an approximate retail value of $62,000; purchasing gold jewelry with an approximate retail value of $54,000; running cash through casinos; structuring cash deposits into bank accounts to avoid the filing of currency transaction reports; and purchasing a 2009 Lexus IS250 and financing, titling, registering, and insuring it in other persons’ names.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Internal Revenue Service – Criminal Investigations. Assistant U.S. Attorney John E. Haak prosecuted the case.
The defendants were immediately turned over to the custody of the U.S. Marshals Service.
Athol Man Indicted for False Claim and StatementRead the Press Release
United States Attorney Randolph J. Seiler announced that an Athol, South Dakota, man has been indicted by a federal grand jury for False Claim and False Statement.
Jason Sparling, age 42, was indicted on April 19, 2016, and appeared before U.S. Magistrate Judge Daneta Wollmann on May 13, 2016. He pleaded not guilty to the Indictment.
The maximum penalty upon conviction is 5 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 charges relate to Sparling submitting a false claim to the Livestock Forage Disaster Program for the loss of grazing land.
The charges are merely an accusation and Sparling is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Office of Inspector General, U.S. Department of Agriculture. Assistant U.S. Attorney Ben Patterson is prosecuting the case.
Sparling was released pending trial. A trial date has not been set.
South Antelope Woman Charged with AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a South Antelope, South Dakota, woman has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Substantial Bodily Injury.
Aprielle Poitra, age 20, was indicted on April 13, 2016. She appeared before U.S. Magistrate Judge Mark A. Moreno on May 9, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction of Assault with a Dangerous Weapon is up to ten years in custody and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. The maximum penalty upon conviction of Assault Resulting in Substantial Bodily Injury is up to five years in custody and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
It is alleged that on March 18, 2016, Poitra unlawfully assaulted an individual with a knife and that said assault resulted in substantial bodily injury.
The charge is merely an accusation and Poitra is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Poitra was released on bond pending trial. A trial date has not been set.