District of South Dakota
Press releases recorded for this federal judicial district.
Kenel Man Convicted of Aggravated Sexual Abuse and Other Domestic Violence ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that Denny Johnson, age 31, of Kenel, South Dakota, was found guilty of two Counts of Aggravated Sexual Abuse by Force, Assault with a Dangerous Weapon, Domestic Assault by an Habitual Offender, and Simple Assault, as a result of a federal jury trial in Aberdeen, South Dakota. The jury returned the guilty verdict on May 12, 2016, after deliberating for approximately 3 hours.
Johnson was found not guilty of three additional counts of Aggravated Sexual Abuse and one count of Kidnapping.
The convictions carry a maximum penalty of up to life in custody and/or fines of up to $1,005,000, up to life of supervised release, and $410 in special assessments to the Federal Crime Victims Fund.
Johnson was indicted by a federal grand jury on June 17, 2014.
The convictions stemmed from incidents between December 29, 2013, and January 10, 2014, when Johnson, who had been in a tumultuous and violent relationship since early 2000 with the victim, began to physically and emotionally abuse her. Johnson brought the victim home from her shift at work around 12:30 in the morning. Upon arriving home, Johnson began yelling at her because he had been watching her at work and saw her interacting with a co-worker.
As Johnson was displaying hostility, the victim began to gather her belongings so she could leave. She put her clothes in a suit case and headed out of the house. As she opened the door to leave, Johnson suddenly slammed the door shut, told her she was not leaving, grabbed her by her jacket collar, jerked her to the floor, and assaulted her. As she was lying on the floor, Johnson began to repeatedly kick her on the small of her back, as he knew she had been previously injured in that area.
The victim was able to get up and attempted to escape. Johnson again grabbed her by the jacket, but this time he cut it off of her with a large army knife he had grabbed, and chased her into his bedroom with the knife still in his hand. He also began throwing household items at her, striking her on the forehead.
Johnson retrieved her suitcase, opened it, and started taking her clothing out and cutting it with the knife. The victim tried escape out a window, but she was so nervous she could not unlock the window. Johnson returned and began walking towards her and menaced her with the knife, which was still in his hand. The victim was in a fetal position, and Johnson verbally abused her as she pleaded with him. He used the knife to cut her clothes off. After removing her undergarments with the knife, he threw her to the ground. Thereafter, he threw the knife at her, sticking it in the floor beside her, and he told her to kill herself because he could not do it. The victim refused, stating she had her children to live for so she would not kill herself.
Johnson retrieved the knife, and kicked her as she tried to crawl from him. When she cried out, he told her to be quiet or he would kill her. Johnson urinated on the victim. After urinating on her, Johnson told her that she stunk and ordered her to get into the shower. He turned on the cold water only and forced her to stay under the water as he poured shampoo, liquid hand soap, dish soap, a bottle of Mr. Clean, and some Clorox on her head and face. He tried to dilute her with cleaning chemicals. The victim was pleading with him to stop, but Johnson grabbed a mop bucket with dirty water in it and dumped that on her as well. Following this, he ordered her out of the shower and told her to go to a bedroom. Johnson made sure that she did not have any clothes. Johnson came into the room and raped the victim in several ways. During the sexual abuse, he hit her in the face, held a knife to her throat, and continued to menace her.
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.
A presentence investigation was ordered and a sentencing date was set for August 15th. The defendant was remanded to the custody of the U.S. Marshals Service.
Jury Finds St. Francis Man Guilty of Assault with a Dangerous Weapon and Related ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that Michael Lee Long, Jr., age 33, of St. Francis, South Dakota, was found guilty of Assault with a Dangerous Weapon, Simple Assault, Prohibited Person in Possession of a Firearm, and Using a Firearm During and Relation to a Crime of Violence following a three-day jury trial in Pierre, South Dakota. The verdict was returned on May 12, 2016.
The charges carry a mandatory minimum of 10 years up to life in custody and/or a $250,000 fine, five years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Long was indicted by a federal grand jury on October 14, 2015.
The conviction stems from an incident that occurred on May 17, 2015, when Long accosted three people in parked car at a convenience store in Rosebud. As Long stood next to the open front passenger door pointing a handgun at the victim in the passenger seat, the driver of the vehicle put the car in reverse in an effort to get away. Long was knocked down by the open door and fired at the vehicle before it departed the parking lot. The driver of the vehicle was the daughter of the front-seat passenger. The daughter’s boyfriend was also in the vehicle, seated in the back seat. They were not injured. A shell casing was subsequently located in the parking lot of the store and a bullet fragment was removed from the front of the vehicle. The handgun, a Glock .40 caliber pistol, was also recovered and matched to the shell casing and bullet fragment.
Long was previously convicted of Domestic Abuse in Rosebud Sioux Tribal Court in 2011, making it illegal for him to possess a firearm. As a result of the verdict, Long will forfeit ownership of the firearm to the United States.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the South Dakota Division of Criminal Investigation. Assistant U.S. Attorneys Kirk Albertson and Meghan Dilges prosecuted the case.
A presentence investigation was ordered and a sentencing date was set for August 1, 2016.
Long was remanded to the custody of the U.S. Marshals Service pending sentencing.
Rapid City Woman Indicted for Theft of Government PropertyRead 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 Theft of Government Property and Misappropriation by Fiduciary.
Cassandra Koscak, age 39, was indicted on April 19, 2016. Koscak appeared before U.S. Magistrate Judge Daneta Wollmann on May 6, 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 Koscak, in a fiduciary capacity, stealing over $1,000 in U.S. currency of the Department of Veterans Affairs between March 2012 and December 2012.
The charges are merely accusations and Koscak is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Department of Veterans Affairs, Office of Inspector General. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Koscak was released on bond pending trial. A trial date has not been set.
New York Men Sentenced for Using or Trafficking in an Unauthorized Access Device and Aiding and AbettingRead the Press Release
United States Attorney Randolph J. Seiler announced that two New York men convicted of Using or Trafficking in an Unauthorized Access Device and Aiding and Abetting were sentenced by U.S. District Judge Roberto A. Lange.
Wilton Santana, age 20, and Charlie Aquino, age 22, were each sentenced to 24 months in custody, followed by 2 years of supervised release, $7,726.94 in restitution, joint and several with their co-defendants, and a $100 special assessment to the Federal Crime Victims Fund.
Santana and Aquino were indicted by a federal grand jury on July 15, 2014, and both pled guilty to Count 1 of a 9 count Superseding Indictment.
The convictions arose from activities that occurred between June 23, 2014, and July 5, 2014, when Santana, Aquino, and Francis Frias knowingly used “account takeovers” — posing as established AT&T customers who wanted to upgrade by adding new lines or phones to their existing cell plans. Frias and his co-defendants were provided confidential subscriber information while they were outside an AT&T store. Before Santana, Aquino, or Frias went into an AT&T store, someone else had already called into AT&T and added one of the three of them as an authorized user to the original AT&T customer’s account. Once the cell phones were purchased, Frias mailed them to addresses provided by another individual. The three men were to be paid for each phone they purchased and shipped.
On July 5, 2014, a traffic stop was conducted on Interstate 90 in Jones County. Santana, Aquino, and Frias, all from New York, were in the vehicle. The vehicle was a rental and was due back in Colorado on June 24, 2014. A probable cause search was conducted and a white plastic bag with 14 brand new, in-the-box Apple 5s iPhones were found in the trunk, along with receipts from an AT&T Store in Pierre, South Dakota. The names on the receipts did not match any of the three individuals in the vehicle.
This case was investigated by the Office of Attorney General, Division of Criminal Investigation; the Department of Homeland Security, Secret Service; and the South Dakota Highway Patrol. Assistant U.S. Attorney Jay Miller prosecuted the case.
Santana and Aquino were immediately turned over to the custody of the U.S. Marshals Service. Frias began serving his sentence in June of 2015.
Little Eagle Woman Sentenced for Assault with a Dangerous WeaponRead the Press Release
United States Attorney Randolph J. Seiler announced that a Little Eagle, South Dakota, woman convicted of Assault with a Dangerous Weapon was sentenced on May 9, 2016, by U.S. District Judge Charles B. Kornmann.
Vivian One Feather, age 23, was sentenced to 21 months in custody, followed by 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
One Feather was indicted by a federal grand jury on May 12, 2015. She pled guilty on February 9, 2016.
The conviction stemmed from an incident on January 1, 2014, when One Feather and the victim, who had been involved in an intimate relationship for approximately six years at the time, got into an argument. One Feather told the victim to leave the house and as the victim was packing his clothes, One Feather requested that the victim stay. The victim continued to pack his belongings, at which point One Feather began to punch him in the face. The victim attempted to leave the residence, causing One Feather to grab a 4-5 inch kitchen knife and stab the victim, once to the arm and once to the ear. The victim bandaged his arm and left.
When interviewed, One Feather stated that she was not physically assaulted during the argument, and was not in fear for her safety or acting in self-defense when she stabbed the victim.
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.
One Feather was immediately turned over to the custody of the U.S. Marshals Service.
Allen Man Indicted for Failure to RegisterRead the Press Release
United States Attorney Randolph J. Seiler announced that an Allen, South Dakota, man has been indicted by a federal grand jury for Failure to Register.
Charles Tallman, a/k/a Charles Lee Longman, age 31, was indicted on October 20, 2015. Tallman appeared before U.S. Magistrate Judge Daneta Wollmann on May 6, 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 Tallman failing to register and update his registration as a convicted sex offender between February 24, 2014, and October 20, 2015.
The charge is merely an accusation and Tallman 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.
Tallman was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Sioux Falls Man Sentenced to 210 Months for Drug OffenseRead the Press Release
United States Attorney Randolph J. Seiler announces that a Sioux Falls, South Dakota, man convicted of Conspiracy to Distribute Methamphetamine was sentenced on May 6, 2016, by U.S. District Judge Karen E. Schreier.
Milton Lewis Poole III, age 28, was sentenced to 210 months in custody, to be followed by 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
An indictment was issued against Poole for Conspiracy to Distribute Methamphetamine by a federal grand jury on August 4, 2015. He pled guilty to the charge on February 11, 2016.
In 2015, Poole was involved in a conspiracy to distribute methamphetamine in Sioux Falls. Poole distributed over 20 pounds of methamphetamine in Sioux Falls, and received several pounds of methamphetamine in the mail.
This case was investigated by the Drug Enforcement Administration, the United States Postal Inspection Service, and the Sioux Falls Area Drug Task Force. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
Poole was immediately turned over to the custody of the U.S. Marshals Service.
Little Eagle Man Sentenced for Assault with a Dangerous WeaponRead the Press Release
United States Attorney Randolph J. Seiler announced that a Little Eagle, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on May 9, 2016, by U.S. District Judge Charles B. Kornmann.
Dace Bobtail Bear, a/k/a Dace Little Dog, age 19, was sentenced to 28 months in custody, followed by 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Bobtail Bear was indicted by a federal grand jury on December 8, 2015. He pled guilty on February 17, 2016.
The conviction stemmed from an incident on October 11, 2015, when during the early morning hours, Bobtail Bear was arguing with some people at a home in Little Eagle. He knocked a woman to the ground, causing her to call for help. The victim came out from a bedroom in the home to assist the woman. Bobtail Bear began to assault the victim, knocking him to the ground, jumping on top of him, and repeatedly striking him. Others in the home unsuccessfully attempted to get Bobtail Bear to stop. During the assault, Bobtail Bear grabbed a steak knife and stabbed the victim multiple times.
Bobtail Bear admitted to the officers the next day that he did, in fact, stab the victim and that he was not acting in self-defense. As a result of the assault, the victim was treated at Mobridge Regional Hospital. He suffered a collapsed lung and was required to have a chest tube inserted.
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Bobtail Bear was immediately turned over to the custody of the U.S. Marshals Service.
Four South Dakotans Charged with Social Security FraudRead the Press Release
United States Attorney Randolph J. Seiler announced that four people have been indicted by a federal grand jury for Theft of Government Funds.
Darrell Duane Vik, age 71, of Beresford, South Dakota; Norwood Baybridge, age 64, of Sioux Falls, South Dakota; Michele Kelliher, age 48, of Watertown, South Dakota; and Tanyel Rippentrop, age 40, of Brandon, South Dakota, were each indicted on March 9, 2016, on the charge of Theft of Government Funds. In addition, Rippentrop was also charged with Access Device Fraud.
They all appeared before U.S. Magistrate Judge Veronica L. Duffy on May 6, 2016, and pled not guilty to the Indictments.
The maximum penalty upon conviction for the theft charge 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 maximum penalty upon conviction for Ripptentrop’s access device fraud charge 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.
Each defendant is accused of converting to his or her own use the Social Security benefits meant for a family member’s care. Rippentrop is also accused of using a prepaid debit card belonging to the family member to draw on those funds.
The charges are merely accusations and the defendants are presumed innocent until and unless proven guilty.
The investigations are being conducted by the Social Security Administration – Office of the Inspector General. Criminal Chief Dennis R. Holmes is prosecuting Rippentrop and Kelliher; Assistant U.S. Attorney Connie Larson is prosecuting Vik; and Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting Baybridge.
The defendants were released pending trial. Trial dates have not been set.
Fort Thompson Man Charged with Felon in Possession of FirearmsRead 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 Felon in Possession of Firearms.
Conrad Fleury, age 34, was indicted on April 13, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 6, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 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 February 13, 2016, Fleury, having been convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly possessed and received firearms.
The charge is merely an accusation and Fleury 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.
Fleury was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Fort Thompson Man Charged with Conspiracy to Distribute MethamphetamineRead 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 Conspiracy to Distribute a Controlled Substance.
Lucas Paul Evans, a/k/a Abdul Evans, a/k/a Lucas Harrison, a/k/a Abdul Salom Harrison, a/k/a Abubarker Harrison, a/k/a Abubarker Shabazz Evans, age 28, was indicted on April 19, 2016. He 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 is at least 5 years up to 40 years in custody and/or a $5,000,000 fine, at least 4 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between December 1, 2013, and April 19, 2016, Evans 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 Evans is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, Crow Creek Agency, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Evans was remanded to the custody of the U.S. Marshals Service pending trial. Trial has been set for July 6, 2016.
Eagle Butte Woman Sentenced for Assault with a Dangerous WeaponRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, woman convicted of Assault with a Dangerous Weapon was sentenced on May 9, 2016, by U.S. District Judge Roberto A. Lange.
Rikki Hill, age 21, was sentenced to 36 months in custody, 3 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.
Hill was indicted by a federal grand jury on December 8, 2015. She pled guilty on February 9, 2016.
The conviction arose from an August 12, 2015, incident when Hill and her sister got into a verbal argument that escalated into a physical fight. After the girls’ parents broke up the fight, Hill grabbed a knife from the kitchen. Her parents pushed Hill out of the house and locked the door behind her, but Hill crawled through a basement window and re-entered the house. Once she was inside, Hill grabbed another knife and lunged at her sister, stabbing her in the arm. Hill attempted to stab her sister in the heart, but her sister blocked it and was cut in the arm instead.
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.
Eagle Butte Man Charged with Three Counts of Assaulting an Intimate PartnerRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon, Assault by Strangulation, and Assault Resulting in Substantial Bodily Injury to an Intimate Partner.
Darrell Clown, age 48, was indicted on April 13, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 10, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about December 10, 2015, Clown unlawfully assaulted his spouse with a broomstick and strangled her, resulting in substantial bodily injury.
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 Jay Miller is prosecuting the case.
Clown was released on bond pending trial, which has been set for June 21, 2016.
Wounded Knee Woman Sentenced for Stealing Funds from Tribal OrganizationRead the Press Release
United States Attorney Randolph J. Seiler announced that a Wounded Knee, South Dakota, woman convicted of Theft from Tribal Organization was sentenced on April 29, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Casey Titus, age 27, was sentenced to 3 years of probation, a $100 special assessment to the Federal Crime Victims Fund, and $15,000 in restitution.
Titus was indicted for Theft from Tribal Organization and Larceny by a federal grand jury on May 19, 2015. She pleaded guilty to Theft from Tribal Organization on November 6, 2015.
From 2010 through May of 2014, Titus worked for the Wounded Knee Community Council as both Vice Chair and Treasurer. Titus embezzled over $15,000 in funds.
This case was investigated by Bureau of Indian Affairs Office of Justice Services. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Washington Man Indicted for Possession of Unauthorized Access Devices and Stolen Identification DocumentRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mill Creek, Washington, man has been indicted by a federal grand jury for Possession of Unauthorized Access Devices and Possession of Stolen Identification Document.
Mythyas Godiava, age 42, was indicted on April 19, 2016. He appeared before U.S. Magistrate Judge Daneta Wollman on April 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 charges relate to an incident that occurred on April 4, 2016, where Godiava possessed fifteen or more unauthorized access devices, and a stolen passport.
The charge is merely an accusation and Godiava is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Homeland Security Investigations, South Dakota Highway Patrol, and South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Megan Poppen is prosecuting the case.
Godiava was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for June 28, 2016.
Rapid City Woman Indicted for Social Security FraudRead 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 Social Security Fraud.
Melissa Dale, a/k/a Melissa Larvie, a/k/a Melissa M. White Bull, age 35, was indicted on November 17, 2015. Dale appeared before U.S. Magistrate Judge Daneta Wollmann on May 2, 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 charge relates to Dale receiving treatment at the Rapid City Indian Health Service on September 29, 2015, after registering under a false name and false social security number.
The charge is merely an accusation and Dale 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.
Dale was released on bond pending trial. A trial date has been set for July 5, 2016.
Rapid City Man Sentenced to 240 Months for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on April 29, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Jason Barton, age 38, was sentenced to 240 months in custody, followed by 10 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Barton was indicted for Conspiracy to Distribute Methamphetamine by a federal grand jury on February 18, 2015. He pleaded guilty on January 27, 2016.
From January 2014 through February 2016, Barton 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, Rapid City Police Department, Paul Bunyan Drug Task Force, White Earth Minnesota Police Department, Mahnomen County Sheriff’s Department. Assistant U.S. Attorneys Ted L. McBride and Kathryn N. Rich prosecuted the case.
Barton was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Indicted for Conspiracy to Distribute Methamphetamine and Possession of a FirearmRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person.
Jonathon Nelson, age 24, was indicted on April 19, 2016. He appeared before U.S. Magistrate Judge Daneta Wollmann on April 26, 2016, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is a minimum of 5 years up to 40 years in custody and/or a $5,000,000 fine, 4 years of supervised release, and $100 to the Federal Crime Victims Fund.
From January 2014 through April 2016, Nelson conspired and agreed with others to possess and distribute 50 grams or more of methamphetamine within the District of South Dakota. Additionally, on August 15, 2014, Nelson was in the possession of a firearm after having been previously convicted of a misdemeanor crime of domestic violence.
The charges are merely an accusation and Nelson is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Unified Narcotics Enforcement Team, Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Drug Enforcement Administration, South Dakota Division of Criminal Investigation, the Pennington County Sheriff’s Department, and the Rapid City Police Department. Assistant U.S. Attorney Megan Poppen is prosecuting the case.
Nelson was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for July 5, 2016.
Pine Ridge Man Sentenced to 24 Months for Sexual Abuse of a MinorRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man convicted of Sexual Abuse of a Minor was sentenced on April 18, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Isaac Roubideaux, age 23, was sentenced to 24 months in custody, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Roubideaux was indicted by a federal grand jury on May 19, 2015, for three counts of Sexual Abuse of a Minor. On September 18, 2015, he pled guilty to sexually abusing a minor.
Roubideaux sexually abused a minor on October 27, 2013, at Pine Ridge.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Roubideaux was immediately turned over to the custody of the U.S. Marshals Service.
Pine Ridge Man Indicted for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Rudolph Twiss, a/k/a Rudy Twiss, age 19, was indicted on April 19, 2016. He appeared before U.S. Magistrate Judge Daneta Wollman on April 22, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction for each Count 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 an incident that occurred in Pine Ridge on September 13, 2015, where Twiss assaulted the victim with a knife, which resulted in serious bodily injury.
The charge is merely an accusation and Twiss is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs Office of Justice Services, and Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Megan Poppen is prosecuting the case.
Twiss was released on bond pending trial. A trial date has been set for June 28, 2016.
Hill City Man Sentenced to 57 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 April 22, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Ian Haverly, age 34, was sentenced to 57 months in custody, followed by 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Haverly was indicted for Conspiracy to Distribute Methamphetamine by a federal grand jury on January 21, 2015. He pleaded guilty on November 6, 2015.
From September 2014 through January 2016, Haverly 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.
Haverly was immediately turned over to the custody of the U.S. Marshals Service.
Fort Thompson Man Charged with Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Stuart Dion, age 32, was indicted on December 8, 2015. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 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, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between October 1, 2015, and December 8, 2015, Dion, 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 Dion 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.
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 and Sentence of Belle Fourche Man for Commercial Sex TraffickingRead the Press Release
United States Attorney Randolph J. Seiler announces that the Eighth Circuit Court of Appeals has affirmed the federal conviction and sentence of a Belle Fourche, South Dakota, man.
Jerry Lane Golliher, age 33, was convicted in October of 2014, in federal district court in Rapid City of Commercial Sex Trafficking. The conviction stemmed from Golliher attempting to have sex with a 13 year-old girl for $150 during the 2013 Sturgis Motorcycle Rally. In February of 2015, the district court sentenced Golliher to 15 years’ imprisonment.
During his trial, the federal jury heard that Golliher negotiated online with an undercover agent posing as a “pimp” to engage in sexual acts with a 13 year-old girl in exchange for money, and that he showed up at the meeting time and place with the appropriate amount of money, and confirmed he was there to have sex with the girl.
In his appeal, Golliher argued that: (1) trial counsel was ineffective, prejudicing Golliher’s defense; the district court, the Honorable Karen E. Schreier, U.S. District Court Judge for the District of South Dakota, erred by (2) committing prejudicial error in refusing to admit evidence offered by Golliher in support of his defense; and (3) abused its discretion by not allowing the jury to review trial testimony during deliberations; and (4) the government’s misconduct deprived Golliher of a fair trial.
In the published opinion, the federal court of appeals affirmed the district court in all respects.
Assistant U.S. Attorneys Sarah B. Collins and Ben Patterson prosecuted the case at trial, and Assistant U.S. Attorney Kevin Koliner handled the appeal for the government. The investigation was conducted jointly by the South Dakota Division of Criminal Investigation, the Federal Bureau of Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s Office.
Edgemont Man Indicted for Multiple OffensesRead the Press Release
United States Attorney Randolph J. Seiler announced that an Edgemont, South Dakota, man has been indicted by a federal grand jury for Transportation of a Minor, Attempted Enticement of a Minor Using the Internet, and Transfer of Obscene Material to a Minor.
Darren Scott Heller, age 48, was indicted on March 22, 2016. Heller appeared before U.S. Magistrate Judge Daneta Wollmann on April 29, 2016, and pleaded not guilty to the Indictment.
The penalty upon conviction is a mandatory minimum of 10 years up to life imprisonment and/or a $250,000 fine, 5 years up to lifetime supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Heller transporting a minor female intending to engage in sexual activity with her, and using the internet and cellular connections to attempt to persuade her to engage in sexual activity and to send her obscene material. The charges are merely an accusation and Heller is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.
Heller was released on bond pending trial.
Justice Department Finds South Dakota Unnecessarily Relies on Nursing Facilities to Provide Services to People with DisabilitiesRead the Press Release
Following a comprehensive investigation, today, the Justice Department released its findings that South Dakota unnecessarily relies on nursing facilities to provide services to people with disabilities, in violation of the community integration mandate of the Americans with Disabilities Act (ADA) and the Supreme Court’s decision in Olmstead v. L.C.
South Dakotans with disabilities do not have a meaningful choice to receive the services they need in their own homes and communities. The ADA and the Olmstead ruling require states to make services available to people with disabilities in the most integrated setting appropriate to their needs, regardless of age or type of disability.
The department’s findings, detailed in a letter to South Dakota Governor Dennis Daugaard, follow an investigation into the state’s system of care for people who receive services and supports in nursing facilities. The department found that thousands of people who rely on South Dakota for needed services must live in nursing facilities to receive those services, isolated from their communities. With access to adequate home- and community-based services, these individuals could instead live in their homes and communities.
“Regardless of their age, people with disabilities deserve privacy, autonomy and dignity in their everyday lives,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “Our findings reveal how South Dakota’s current system of long-term care violates federal law and fails to give people with disabilities the choice to live in their own homes and their own communities. South Dakota officials have expressed their desire to provide meaningful opportunities for people with disabilities to receive home- and community-based care, and we look forward to working with South Dakota to build a more effective, more efficient and more just service system for all.”
An analysis of South Dakota’s current spending and national data shows that South Dakota – which has one of the highest nursing facility utilization rates in the country – may even realize cost savings and be able to serve more people by increasing the state’s use of home- and community-based services. The state funds the placement of about 3,400 people in nursing facilities through Medicaid at any given time, and approximately 5,500 people over the course of one year.
Nursing facility residents in South Dakota range in age, and include many older adults and almost 450 people under the age of 65. In addition to older adults with age-related disabilities, many of these individuals have disabilities they were born with or acquired at a young age, such as cerebral palsy, multiple sclerosis and amputations due to diabetes or mobility impairments due to an accident.
The findings letter examines the widespread impact of the state’s nursing facility system. For example, one 51-year-old man told the Justice Department that he had entered the nursing facility to recover after a leg amputation, but had been trying to leave the nursing facility for months, without help.
The department’s findings letter includes the following key conclusions:
- Thousands of people who need long-term care have no choice but a nursing facility because South Dakota does not adequately arrange for community-based services or identify residents appropriate for transition.
- Many people who rely on state services do not know that they could choose community-based services instead of a nursing facility because the state has not informed them of or offered them these services.
- South Dakota spends more than 80 percent of its long-term services budget on nursing facilities but could rebalance these funds to prioritize home- and community-based services.
- Most residents have physical disabilities, chronic illnesses or cognitive disabilities and need some assistance with some day-to-day tasks, rehabilitative therapy or nursing –services that the state can provide in community-based settings rather than in institutions.
- People with similar needs to those living in South Dakota’s nursing facilities successfully receive services at home in other states, and even in South Dakota. The state already offers many of the services people will need to live in their own homes and can increase community capacity and address service limitations to ensure all individuals can choose these services instead of nursing facility placement.
- People with disabilities living in rural and frontier areas of the state, including those living on reservations, have particular difficulty accessing services in their homes and communities.
The full findings letter can be found at www.ada.gov. Please visit www.ada.gov/olmstead to learn more about the division’s ADA Olmstead enforcement efforts, and www.justice.gov/crt to learn more about the laws enforced by the Justice Department’s Civil Rights Division. Additional information about the U.S. Attorney’s Office of the District of South Dakota is available on its website at www.justice.gov/usao-sd.
The investigation was conducted by the Civil Rights Division with assistance by the U.S. Attorney’s Office of the District of South Dakota. The United States is represented by Trial Attorneys Alexandra Shandell, Joshua Rogers and Mathew Schutzer of the Civil Rights Division’s Special Litigation Section and Assistant U.S. Attorney Alison Ramsdell of the District of South Dakota.
South Dakota Findings Letter
Justice Department Finds South Dakota Unnecessarily Relies on Nursing Facilities to Provide Services to People with DisabilitiesRead the Press Release
WASHINGTON – Following a comprehensive investigation, today, the Justice Department released its findings that South Dakota unnecessarily relies on nursing facilities to provide services to people with disabilities, in violation of the community integration mandate of the Americans with Disabilities Act (ADA) and the Supreme Court’s decision in Olmstead v. L.C.
South Dakotans with disabilities do not have a meaningful choice to receive the services they need in their own homes and communities. The ADA and the Olmstead ruling require states to make services available to people with disabilities in the most integrated setting appropriate to their needs, regardless of age or type of disability.
The department’s findings, detailed in a letter to South Dakota Governor Dennis Daugaard, follow an investigation into the state’s system of care for people who receive services and supports in nursing facilities. The department found that thousands of people who rely on South Dakota for needed services must live in nursing facilities to receive those services, isolated from their communities. With access to adequate home- and community-based services, these individuals could instead live in their homes and communities.
“Regardless of their age, people with disabilities deserve privacy, autonomy and dignity in their everyday lives,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “Our findings reveal how South Dakota’s current system of long-term care violates federal law and fails to give people with disabilities the choice to live in their own homes and their own communities. South Dakota officials have expressed their desire to provide meaningful opportunities for people with disabilities to receive home- and community-based care, and we look forward to working with South Dakota to build a more effective, more efficient and more just service system for all.”
An analysis of South Dakota’s current spending and national data shows that South Dakota – which has one of the highest nursing facility utilization rates in the country – may even realize cost savings and be able to serve more people by increasing the state’s use of home- and community-based services. The state funds the placement of about 3,400 people in nursing facilities through Medicaid at any given time, and approximately 5,500 people over the course of one year.
Nursing facility residents in South Dakota range in age, and include many older adults and almost 450 people under the age of 65. In addition to older adults with age-related disabilities, many of these individuals have disabilities they were born with or acquired at a young age, such as cerebral palsy, multiple sclerosis and amputations due to diabetes or mobility impairments due to an accident.
The findings letter examines the widespread impact of the state’s nursing facility system. For example, one 51-year-old man told the Justice Department that he had entered the nursing facility to recover after a leg amputation, but had been trying to leave the nursing facility for months, without help.
The department’s findings letter includes the following key conclusions:
- Thousands of people who need long-term care have no choice but a nursing facility because South Dakota does not adequately arrange for community-based services or identify residents appropriate for transition.
- Many people who rely on state services do not know that they could choose community-based services instead of a nursing facility because the state has not informed them of or offered them these services.
- South Dakota spends more than 80 percent of its long-term services budget on nursing facilities but could rebalance these funds to prioritize home- and community-based services.
- Most residents have physical disabilities, chronic illnesses or cognitive disabilities and need some assistance with some day-to-day tasks, rehabilitative therapy or nursing –services that the state can provide in community-based settings rather than in institutions.
- People with similar needs to those living in South Dakota’s nursing facilities successfully receive services at home in other states, and even in South Dakota. The state already offers many of the services people will need to live in their own homes and can increase community capacity and address service limitations to ensure all individuals can choose these services instead of nursing facility placement.
- People with disabilities living in rural and frontier areas of the state, including those living on reservations, have particular difficulty accessing services in their homes and communities.
The full findings letter can be found at www.ada.gov. Please visit www.ada.gov/olmstead to learn more about the division’s ADA Olmstead enforcement efforts, and www.justice.gov/crt to learn more about the laws enforced by the Justice Department’s Civil Rights Division. Additional information about the U.S. Attorney’s Office of the District of South Dakota is available on its website at www.justice.gov/usao-sd.
The investigation was conducted by the Civil Rights Division with assistance by the U.S. Attorney’s Office of the District of South Dakota. The United States is represented by Trial Attorneys Alexandra Shandell, Joshua Rogers and Mathew Schutzer of the Civil Rights Division’s Special Litigation Section and Assistant U.S. Attorney Alison Ramsdell of the District of South Dakota.
Two Rosebud Men Charged with Aggravated Sexual AbuseRead the Press Release
United States Attorney Randolph J. Seiler announced that two Rosebud, South Dakota, men have been indicted by a federal grand jury for Aggravated Sexual Abuse and Sexual Abuse.
Arvin Brave Bird, age 47, and Michael Yellow Eyes, age 33, were indicted on April 13, 2016. Both men have appeared before U.S. Magistrate Judge Mark A. Moreno and pled not guilty to the Indictment.
The maximum penalty upon conviction is any term of years or life imprisonment and/or a $250,000 fine, a mandatory minimum of at least 5 years up to life of supervised release, $100 to the Federal Crime Victims Fund, and a mandatory $5,000 to the Domestic Trafficking Fund. Restitution may also be ordered.
It is alleged that on December 7, 2015, in Rosebud, Brave Bird and Yellow Eyes engaged in a sexual act with a victim by use of force, that the victim was physically incapable of declining participation, and that the two men did aid and abet each other in the commission of the crime.
The charge is merely an accusation and Brave Bird and Yellow Eyes are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribal Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Brave Bird and Yellow Eyes were remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been scheduled for June 21, 2016.
Rapid City Business Owner Sentenced for Failing to Pay TaxesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Willful Failure to Withhold and Pay Over Tax was sentenced on April 25, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Scott Sogge, age 62, was sentenced to 12 months of imprisonment, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund and $270,085.17 in restitution to the Internal Revenue Service.
Sogge was charged on November 16, 2015, and pleaded guilty on December 4, 2015. The conviction stems from Sogge, a local business owner, willfully failing to pay over taxes related to the employment of individuals receiving wages from his business between April 1 and June 20, 2011.
The investigation was conducted by the Internal Revenue Service Criminal Investigation Division, and the U.S. Department of Labor, Employee Benefits Security Administration. Assistant U.S. Attorney Gregg Peterman prosecuted the case.
Manderson Man Sentenced for Abusive Sexual Contact by Force of a ChildRead the Press Release
United States Attorney Randolph J. Seiler announced that a Manderson, South Dakota, man convicted of Abusive Sexual Contact by Force of a Child was sentenced on April 25, 2016, by U.S. District Judge Roberto A. Lange.
Leonard Rondeau, age 40, was sentenced to 15 years in custody, followed by 3 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.
Rondeau was indicted by a federal grand jury on February 11, 2015. He pled guilty on February 2, 2016.
The conviction stemmed from incidents between April 11, 2003, and October 31, 2004, when Rondeau, who was babysitting a child between the ages of 4 and 5 and whose mother was at work, knowingly engaged in multiple sexual contacts by force with the child.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Jay Miller prosecuted the case.
Rondeau was immediately turned over to the custody of the U.S. Marshals Service.
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 April 25, 2016, by U.S. District Judge Roberto A. Lange.
Emmet Bruguier, Jr., age 43, 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 Funds.
Bruguier was indicted by a federal grand jury on August 11, 2015. He pled guilty on February 8, 2016.
The conviction stemmed from an incident on or about June 10, 2015, when Bruguier exited a building and approached the victim who was standing outside of the building. The victim took his jacket off and squared off with Bruguier. At that point, Bruguier brandished a box cutter. The victim attempted to run away from Bruguier, but Bruguier swung the box cutter in a downward motion, making contact with the victim’s back. As a result, the victim sustained a cut near his left shoulder and another near his lower back.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Bruguier was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Possession of a Stolen FirearmRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Possession of a Stolen Firearm was sentenced on April 22, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Christopher Fire Thunder, age 40, was sentenced to 18 months’ custody, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Fire Thunder was indicted for the charge on December 17, 2015. He pled guilty on December 18, 2015.
The conviction stems from Fire Thunder possessing a stolen .40 caliber pistol on June 17, 2015, at Rapid City.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Fire Thunder was immediately returned to the custody of the U.S. Marshals Service.
Oglala Man Indicted for Assaulting Three FemalesRead the Press Release
United States Attorney Randolph J. Seiler announced that an Oglala, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and Assault of Intimate Partner by Strangulation and Suffocation.
Clint A. Marshall, Sr., age 43, was indicted on March 22, 2016. Marshall appeared before U.S. Magistrate Judge Daneta Wollmann on April 15, 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 Marshall using a vehicle to assault three females on October 10, 2015, near Oglala. He also attempted to strangle one of these females on the same date.
The charges are merely accusations and Marshall is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, and the South Dakota Highway Patrol. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.
Marshall was released on bond pending trial. A trial date has been set for June 21, 2016.
Four Charged with Conspiracy to Distribute Methamphetamine and Possession of FirearmRead the Press Release
United States Attorney Randolph J. Seiler announced that two men and two women have been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance and Possession with Intent to Distribute a Controlled Substance. One of the men was also indicted for Possession of a Firearm by a Prohibited Person.
Those indicted on March 15, 2016, were: Shaun Adam Espino, 42, from St. Francis, South Dakota and Scottsbluff, Nebraska; Rogelio Guel, Jr., a/k/a Roy Guel, 40, from Scottsbluff, Nebraska; Chelsey Sherri Little, a/k/a Chelsey Long Crow, 20, from Mission, South Dakota and Valentine, Nebraska; and Sarah Jean Roblez, 27, from Mission, South Dakota. Between March 25, 2016, and April 19, 2016, all individuals appeared before U.S. Magistrate Judge Mark A. Moreno and pled not guilty to the Indictment.
The maximum penalty upon conviction for the charges against Espino is not less than 5 years or more than 40 years in custody and/or a $5,000,000 fine, at least 4 years of supervised release, $100 to the Federal Crime Victims Fund, restitution, and forfeiture of $7,682 in United States currency, a 9mm caliber pistol, a 12-gauge shotgun and ammunition.
The maximum penalty upon conviction for the charges against Guel, Little, and Roblez is up to 20 years in custody and/or a $1,000,000 fine, at least 3 years of supervised release, $100 to the Federal Crime Victims Fund, and restitution.
The charges are merely an accusation and Espino, Guel, Little, and Roblez are presumed innocent until and unless proven guilty.
The Indictment alleges that between January 1, 2015, and March 15, 2016, Espino, Guel, Little, and Roblez 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 also alleges that on or about January 15, 2016, in Todd County, South Dakota, Espino knowingly and intentionally possessed with the intent to distribute 50 grams or more of methamphetamine, and knowingly possessed two firearms even though he was prohibited from doing so because he had previously been convicted of a felony, and was an unlawful user of and addicted to a controlled substance.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Espino, Guel, Little, and Roblez were remanded to the custody of the U.S. Marshals Service pending trial. A jury trial has been set for June 7, 2016.
Washington Man Indicted for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a University Place, Washington, man has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance.
Dionisio Munoz-Torres, age 29, was indicted on February 23, 2016. He appeared before U.S. Magistrate Judge Daneta Wollmann on April 4, 2016, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is a minimum of 5 years up to 40 years in custody and/or a $5,000,000 fine, 4 years of supervised release, and $100 to the Federal Crime Victims Fund.
From June 2014 through February 2016, Munoz-Torres conspired and agreed with others to possess and distribute 50 grams or more of methamphetamine within the District of South Dakota.
The charge is merely an accusation and Munoz-Torres is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Unified Narcotics Enforcement Team, United States Postal Inspection Service, United States Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, South Dakota Division of Criminal Investigation, and Rapid City Police Department. Assistant U.S. Attorneys Ted L. McBride and Kathryn N. Rich are prosecuting the case.
Munoz-Torres was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for June 7, 2016.
Two Men Indicted for Several Charges Related to a Robbery and AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that two men from the Pine Ridge reservation have been indicted by a federal grand jury for Robbery, Assault with a Dangerous Weapon, Tampering with a Witness, and Use and Brandishing of a Firearm during the Commission of a Crime of Violence.
Charles Colhoff, a/k/a Charles H. Goings, a/k/a Chuckie Colhoff, age 27 from Pine Ridge, and Jeremy Crow, age 22 from Batesland, were indicted on April 14, 2016. Crow appeared before U.S. Magistrate Judge Daneta Wollmann on March 30, 2016, and pleaded not guilty to the Indictment. Colhoff appeared before U.S. Magistrate Judge Daneta Wollmann on April 15, 2016, and pleaded not guilty.
The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Colhoff and Crow using a firearm to rob two females at Pine Ridge on June 4, 2015. On June 11, 2015, they again used a firearm to assault and threaten another female at Pine Ridge.
The charges are merely accusations and Colhoff and Crow 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 Eric Kelderman is prosecuting the case.
Colhoff and Crow were remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for June 21, 2016.
Two Dupree Men Charged with AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that two Dupree, South Dakota, men have been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Charles Hollow Horn, age 20, and Bradley Speker, age 24, were indicted on April 13, 2016. They appeared before U.S. Magistrate Judge Mark A. Moreno on April 15, 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 December 8, 2015, both Hollow Horn and Speker unlawfully assaulted another man with shod feet with the intent to do bodily harm. The assault resulted in serious bodily injury to the victim.
The charge are merely accusations and Hollow Horn and Speker are 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.
Hollow Horn and Speker were released on bond pending trial, which has not been set.
Three Eagle Butte Men Sentenced for Burning Down ChurchRead the Press Release
United States Attorney Randolph J. Seiler announced that three Eagle Butte, South Dakota, men convicted for their roles in burning down a 98-year-old church on the Cheyenne River Indian Reservation were sentenced on April 18, 2016, by U.S. District Judge Roberto A. Lange.
Cody Yellow, age 27, was sentenced to 41 months in custody; Ake Kyle Eagle Hunter, age 29, was sentenced to 35 months in custody; and Robert Grindstone, age 28, was sentenced to 37 months in custody. All three were sentenced to 2 years of supervised release, $3,776.92 restitution to the Cheyenne River Sioux Tribe for the cost of extinguishing the fire, and each is to pay a $100 special assessment to the Federal Crime Victims Fund. Restitution for the destruction of the church structure was left open for an additional 90 days.
Yellow, Eagle Hunter, and Grindstone were indicted for Third Degree Burglary and Arson by a federal grand jury on August 11, 2015. Yellow and Grindstone pled guilty to Arson and Aiding and Abetting. Grindstone pled guilty to Accessory After The Fact.
St. Basil's Church, a/k/a Mossman Church, was built in 1917. It is located on United States Highway 212 near Ridgeview, South Dakota. Locals have maintained the church throughout the years. Mass was held there every Memorial Day weekend, and occasionally weddings and funerals were also held at the church.
On July 19, 2015, Yellow, Eagle Hunter, and Grindstone drove from Eagle Butte to the Mossman Church to visit a friend’s grave at the cemetery near the church. After visiting the grave site, Yellow kicked open the door to the church, and once they were inside, the three men vandalized the church. Grindstone found a can with liquid inside it in a room next to the altar and one of the others suggested burning the church down. Grindstone opened the can and intentionally dropped the metal container, letting the contents spill out. After that, one of the other two men lit the liquid accelerant on fire. The church burned to the ground and was a total loss.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Federal Bureau of Investigation. Assistant U.S. Attorney Jay Miller prosecuted the case.
Yellow, Eagle Hunter, and Grindstone were immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced to 97 Months for Drug OffenseRead the Press Release
United States Attorney Randolph J. Seiler announces that a Sioux Falls, South Dakota, man convicted of Conspiracy to Distribute Methamphetamine and five counts of Distribution of Methamphetamine was sentenced on April 18, 2016, by U.S. District Judge Karen E. Schreier.
Jaime Aroldo Duarte-Lopez, age 24, was sentenced to 97 months in custody, and a $600 special assessment to the Federal Crime Victims Fund.
A superseding indictment was issued against Duarte-Lopez for Conspiracy to Distribute Methamphetamine and five counts Distribution of Methamphetamine by a federal grand jury on December 15, 2015. He was found guilty of all counts after a jury trial on January 22, 2016.
In 2014 and 2015, Duarte-Lopez was involved in a conspiracy to distribute methamphetamine in Sioux Falls. Duarte-Lopez distributed over 175 grams of methamphetamine to a confidential informant working with law enforcement.
This case was investigated by the Drug Enforcement Administration and the Sioux Falls Area Drug Task Force. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
Sioux Falls Man Indicted for Assault with a Dangerous Weapon and Child AbuseRead 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 Assault with a Dangerous Weapon, Assault Resulting in Substantial Bodily Injury, and Child Abuse.
Justin Stone Arrow, age 37, was indicted on April 13, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 19, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction of Assault with a Dangerous Weapon and Child Abuse 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 for each count. The maximum penalty upon conviction of Assault Resulting in Substantial Bodily Injury 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.
It is alleged that on or about March 10, 2016, Stone Arrow unlawfully assaulted a person who had not attained the age of 16 years with a dangerous weapon and that said assault resulted in substantial bodily injury to the minor.
The charge is merely an accusation and Stone Arrow 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.
Stone Arrow was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rosebud Man Sentenced for Sexual Exploitation of a Child, Distribution of Material Involving the Sexual Exploitation of Minors, and Failure to AppearRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man convicted of Sexual Exploitation of a Child, Distribution of Material Involving the Sexual Exploitation of Minors, and Failure to Appear was sentenced on April 19, 2016, by U.S. District Judge Roberto A. Lange.
Neal LaPointe, age 32, was sentenced to 234 months in custody, 8 years of supervised release, a $300 special assessment to the Federal Crime Victims Fund, $528.10 in restitution, and no contact with minors, co-defendants, and victims.
LaPointe was indicted for Sexual Exploitation of a Child and Distribution of Material Involving the Sexual Exploitation of Minors by a federal grand jury on June 12, 2013. An eight-count Superseding Indictment charging seven counts of Sexual Exploitation of a Child and one count of Distribution of Material Involving the Sexual Exploitation of Minors was filed on August 12, 2013. On August 19, 2014, LaPointe was indicted for Failure to Appear by a federal grand jury. He pled guilty to one count each of Sexual Exploitation of a Child, Distribution of Material Involving the Sexual Exploitation of Minors, and Failure to Appear on September 28, 2015.
At earlier times, as well as between March 1, 2012, and April 30, 2013, LaPointe was living in California and, using the guise of various aliases and online identities, including that of a minor female named "Jess Martin", he would use computers, the internet, and the social networking site Facebook to solicit images of minors engaging in explicit sexual conduct, and he would also distribute images of minors engaging in explicit sexual conduct via computer and over the internet. Using the guise of "Jess Martin" LaPointe solicited sexually explicit photographs from a minor who lived on the Rosebud Sioux Indian Reservation. The minor reciprocated and sent LaPointe some explicit pictures of herself. The minor used her computer and a webcam to send the images to LaPointe. Those images were shared with other individuals, and circulated over the internet between the states of South Dakota and California, and elsewhere. LaPointe also solicited other depictions of minors engaging in sexually explicit conduct when he asked for naked photos and photos displaying the genitals.
LaPointe received and distributed numerous images of child pornography and depictions of minors engaging in sexually explicit conduct on different dates. The illegal materials came into LaPointe's possession in California, and he redistributed images, sharing materials with others from South Dakota,including, but not limited to, some other men as well as a minor from the Crow Creek Indian Reservation. LaPointe had reason to know that the child pornography images and depictions of minors engaging in sexually explicit conduct would be produced using material that had been mailed and shipped and transported in interstate and foreign commerce by any means, including by computer or cellular telephone, Facebook, or other online services.
On July 14, 2014, LaPointe, having been charged with the offenses of Sexual Exploitation of a Child and Distribution of Material Involving the Sexual Exploitation of Minors, offenses punishable by imprisonment for a term of more than 15 years, and having been released in connection with the aforementioned criminal charge, did knowingly fail to appear as required before U.S. District Judge Roberto A. Lange. After his initial arrest, he was detained for a period of time. Ultimately, U.S. Magistrate Judge Mark Moreno allowed his release and ordered him to be on electronic monitoring and to live with his father at a ranch on the Rosebud Sioux Indian Reservation. As part of his release, LaPointe signed paperwork indicating he understood that failure to appear could lead to prosecution and that he needed to appear as directed by the Court for all scheduled matters. LaPointe signed a plea agreement agreeing to plead guilty to sexual exploitation and related charges. He was ordered to appear for a change of plea hearing on July 14, 2014, at 10:45 a.m. LaPointe failed to appear at court because he had absconded from his release and electronic monitoring, and his whereabouts were unknown until he was apprehended around February 13, 2015, in Miami, Florida.
This case was investigated by the Federal Bureau of Investigation, South Dakota Division of Criminal Investigation, South Dakota Internet Crimes Against Children Task Force, Sacramento County Sheriff’s Department, Pennington County Sheriff’s Office, Rapid City Police Department, Sioux Falls Police Department, U.S. Marshals Service, and the Rosebud Sioux Tribal Police Department. Assistant U.S. Attorneys Tim Maher and Sarah Collins prosecuted the case.
LaPointe was immediately turned over to the custody of the U.S. Marshals Service.
Rosebud Man Sentenced for Abusive Sexual Contact and AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man convicted of Abusive Sexual Contact and Assault Resulting in Substantial Bodily Injury was sentenced on April 18, 2016, by U.S. District Judge Roberto A. Lange.
Benton Brave Hawk, age 25, was sentenced to 15 years in custody, 5 years of supervised release, and a $200 special assessment to the Federal Crime Victims Fund.
Brave Hawk was indicted for Aggravated Sexual Abuse of a Child and Child Abuse by a federal grand jury on August 11, 2015. He pled guilty to a Superseding Information charging Abusive Sexual Contact and Assault Resulting in Substantial Bodily Injury on February 1, 2016.
Between December 1, 2014, and March 28, 2015, Brave Hawk watched two children overnight at their home in Rosebud. Brave Hawk was the only adult present. At some point in the night, Brave Hawk went to the bed where the siblings were sleeping and climbed on top of the female child. Brave Hawk held his hand over the female child’s mouth and proceeded to have abusive sexual contact with the child. The male child awoke to the female child’s crying and grabbing onto his arm. Brave Hawk put money on the bed, and told the female child not to tell anyone.
Between December 1, 2014, and March 28, 2015, while at the same home in Rosebud, Brave Hawk hit the male child across his back and buttocks with a belt. The belt had a metal buckle and the metal buckle made contact with the child's skin. Brave Hawk's willful and reckless actions caused substantial bodily injury to the child.
This case was investigated by Rosebud Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation. Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.
Brave Hawk was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Stealing FirearmsRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Theft of Firearms was sentenced on April 21, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Joshua Clark, age 28, was sentenced to 18 months of imprisonment, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Clark was charged on August 18, 2015, and pleaded guilty on December 11, 2015. The conviction stems from Clark and another person stealing several firearms from a pawn shop in Rapid City.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Rapid City Police Department, and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Ben Patterson prosecuted the case.
Clark was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Possession of Firearm and Ammunition by a Prohibited PersonRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on April 15, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Clayton M. High Wolf, age 53, was sentenced to 92 months’ custody, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
High Wolf was indicted for the charge on September 23, 2014. High Wolf was convicted of the charge at the conclusion of a federal jury trial in Rapid City in January 2015.
The conviction stems from High Wolf knowingly being in possession of a Smith & Wesson .22 caliber pistol and Remington .22 caliber ammunition when he was stopped by Rapid City police officers on North LaCrosse Street on July 17, 2014. High Wolf previously had been convicted of Conspiracy to Distribute a Controlled Substance in 1996, and of Possession with Intent to Distribute a Controlled Substance in 2008. Based on those felony convictions, High Wolf was prohibited from possessing firearms or ammunition.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Rapid City Police Department. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
High Wolf was immediately detained in 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 April 15, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Brandon James Noisy Hawk, age 34, was sentenced to time served in custody, 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Noisy Hawk was indicted for the charge on June 16, 2015, and pleaded guilty on January 8, 2016.
The charge related to Noisy Hawk failing to register as a convicted sex offender between March 10, 2015, and June 16, 2015.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Rapid City Man Sentenced for ArsonRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Arson was sentenced on April 21, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Duane Benson, age 31, was sentenced to 57 months of imprisonment, followed by 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Benson was charged on May 19, 2015, and pleaded guilty on December 18, 2015. The conviction stems from Benson intentionally setting fire to a trailer at Belt Village.
This case was investigated by the Bureau of Indian Affairs Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Ben Patterson prosecuted the case.
Benson was immediately turned over to the custody of the U.S. Marshals Service.
Rapid City Man Charged with Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Jeremy Eagle Bear, age 25, was indicted on April 13, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 15, 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 of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between December 15, 2015, and March 28, 2016, Eagle Bear, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under federal law, knowingly failed to register and update his registration.
The charge is merely an accusation and Eagle Bear is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Eagle Bear was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Porcupine Man Indicted for Abusive Sexual ContactRead the Press Release
United States Attorney Randolph J. Seiler announced that a Porcupine, South Dakota, man has been indicted by a federal grand jury for Abusive Sexual Contact.
Emerson Severt Spider, 41, of Porcupine, was indicted on March 22, 2016, and appeared before U.S. Magistrate Judge Daneta Wollmann on April 14, 2016. He pleaded not guilty to the Indictment.
The maximum penalty upon conviction is life imprisonment and/or a $250,000 fine, lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Spider engaging in sexual contact with two girls under the age of 12. The charges are merely an accusation and Spider is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Ben Patterson is prosecuting the case.
Spider was detained pending trial. A trial date has not been set.
Pollock Woman Charged with Theft of MailRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pollock, South Dakota, woman has been indicted by a federal grand jury for Theft of Mail.
Elaine Reller, age 55, was indicted on April 18, 2016. She appeared before U.S. Magistrate Judge William D. Gerdes on April 22, 2016, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about January 16, 2016, Reller stole, took, and abstracted mail, which belonged to someone else, from an authorized depository at the Pollock Post Office.
The charge is merely an accusation and Reller is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Postal Inspection Service. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Reller was released on bond pending trial, which has not been set.
Mission Man Sentenced to 126 Months for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on April 18, 2016, by U.S. District Judge Roberto A. Lange.
Jason Willard Menard, age 31, was sentenced to 126 months in custody, 5 years of supervised release, a $1,000 fine, and a $100 special assessment to the Federal Crime Victims Fund.
Menard was indicted by a federal grand jury on May 19, 2015. He pled guilty on February 1, 2016, to distributing 500 grams or more of methamphetamine.
Beginning in at least November of 2013, Menard received and distributed methamphetamine in South Dakota. The individuals who provided Menard with large amounts of methamphetamine knew he intended to engage in further distribution. Menard was a leader in his distribution network and he had numerous other dealers working for him. It was reasonably foreseeable to Menard that more than 500 grams of methamphetamine would be distributed during the course of his 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. Attorneys Ted L. McBride and SaraBeth Donovan prosecuted the case.
Menard was immediately turned over to the custody of the U.S. Marshals Service.
Eighth Circuit Court of Appeals Affirms Conviction of Sioux Falls Man for Unlawful Firearm PossessionRead the Press Release
United States Attorney Randolph J. Seiler announces that the Eighth Circuit Court of Appeals has affirmed a Sioux Falls, South Dakota, man’s conviction for being a prohibited person in possession of a firearm.
Cody Michael Smith, age 27, was indicted by a federal grand jury on December 3, 2014, for being a prohibited person in possession of a firearm due to a prior conviction for a misdemeanor crime of domestic violence.
Smith was found in possession of a loaded rifle after Sioux Falls Police Department officers responded to his residence to see if his ex-girlfriend, who had been reported missing from a halfway house, was there. The caller told police that Smith was a drug user who was known to possess weapons. At Smith’s residence, law enforcement decided to make entry once they realized Smith had lied about being the only person present in the home. In his bedroom, officers found Smith holding his ex-girlfriend and a gun on the bed.
Smith pleaded guilty to the charge on December 30, 2014, and was sentenced to 41 months in prison.
On appeal, Smith challenged the officers’ entry into his home. The Eighth Circuit upheld the district court’s determination that the officers’ entry was a proper execution of their community caretaking function.
This case was investigated by the Sioux Falls Police Department and Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Jennifer Mammenga prosecuted the case, and Assistant U.S. Attorney Kevin Koliner argued the case on appeal.