District of Montana

MISSOULA — A Billings man who admitted to possessing images and videos of child pornography was sentenced today to three years in prison, to be followed by 10 years of supervised release, U.S. Attorney Jesse Laslovich said.

Robert Christopher Baenziger, 42, pleaded guilty in November 2021 to possession of child pornography.

U.S. District Judge Dana L. Christensen presided. Judge Christensen ordered $3,000 restitution. Baenziger was allowed to self-report to the Bureau of Prisons.

The government alleged in court documents that in February 2019, law enforcement was reviewing peer-to-peer platforms on the internet and observed a certain IP address, designed, in part, to provide for anonymous file sharing, requesting parts of files associated with child pornography. The system, by design, is complex and requires significant technical skill to operate. Law enforcement determined that Baenziger had requested the files of child pornography using this system. Officers served a search warrant on Baenziger’s residence and seized electronic media belonging to him. An examination of the electronic media located almost 500 images and four videos depicting child pornography on Baenziger’s computer hardware.

Assistant U.S. Attorney Zeno B. Baucus prosecuted the case, which was investigated by the FBI.

This case was initiated under the Department of Justice’s Project Safe Childhood initiative, which was launched in 2006 to combat the proliferation of technology-facilitated crimes involving the sexual exploitation of children. Through a network of federal, state and local law enforcement agencies and advocacy organizations, Project Safe Childhood attempts to protect children by investigating and prosecuting offenders involved in child sexual exploitation. It is implemented through partnerships including the Montana Internet Crimes Against Children Task Force. The ICAC Task Force Program was created to assist state and local law enforcement agencies by enhancing their investigative response to technology facilitated crimes against children.

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MISSOULA  — A Butte man who admitted to distributing methamphetamine and fentanyl in the community was sentenced today to six years and five months in prison, to be followed by three years of supervised release, U.S. Attorney Jesse Laslovich said.

Cody Scott Shuler, 29, pleaded guilty in May to distribution of controlled substances.

U.S. District Judge Dana L. Christensen presided.

The government alleged in court documents that law enforcement learned from various sources of Shuler’s drug distribution activities around Butte. In January, law enforcement conducted a controlled buy from Shuler in which he sold meth and 23 counterfeit Oxycodone pills that contained fentanyl. Shuler admitted to law enforcement to making trips to Spokane to purchase drugs. The government also alleged that Shuler threatened others with a pistol and “pistol whipped” an individual.

Assistant U.S. Attorney Ryan G. Weldon prosecuted the case, which was investigated by the Drug Enforcement Administration and the Montana Division of Criminal Investigation.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

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MISSOULA — Two Washington residents suspected of picking up six Mexican nationals who crossed illegally into the United States from Canada through a remote area in Lincoln County were convicted of charges, U.S. Attorney Jesse Laslovich said today.

A federal jury convicted Miguel Angel Medina, 62, of Seattle, Washington, on Aug. 23 of transportation of illegal aliens following a two-day trial that began on Aug. 22. Co-defendant Leslie Patricia Rivera, 51, of Seattle, Washington, pleaded guilty on Aug. 22, before the trial began, to transportation of illegal aliens.

Rivera and Medina face a maximum of 10 years in prison, a $250,000 fine and three years of supervised release.

U.S. District Judge Dana L. Christensen presided. Judge Christensen set sentencing for Dec. 14 for both defendants. Rivera was released pending further proceedings, while Medina was detained.

“Rivera and Medina, motivated by money, transported six illegal Mexican nationals who walked across the border in the middle of winter to be picked up in the middle of nowhere. We will continue working with law enforcement to secure our border with Canada and will prosecute those who engage in this dangerous smuggling activity that exploits vulnerable people. I want to thank our assistant U.S. attorneys and the U.S. Border Patrol for their work on this case,” U.S. Attorney Laslovich said.

In court documents and at trial, the government alleged that Rivera and Medina picked up six illegal aliens who had just crossed the international border from Canada in the Green Basin area of the West Kootenai near Rexford, in Lincoln County, a place that was not a port of entry. Rivera and Medina had left Seattle in a rented car the prior day and drove straight through. A friend of Rivera’s had offered her $3,500 to pick up four people and drive them back to Seattle. At the time of Rivera’s arrest, she had received partial payment. Rivera paid Medina $1,000 to accompany her. At approximately 5 a.m. on Jan. 19, a U.S. Border Patrol agent was notified of persons potentially attempting to illegally enter the United States. The agent ultimately stopped a SUV with a Washington license plate on a Forest Service road. Rivera was the driver, Medina was the front passenger and six other occupants, who acknowledged being from Mexico and in the country illegally, were in the rear two seats. All eight suspects were transported to the Eureka Border Patrol Station for processing. The six illegal aliens claimed to have paid from $180 to $7,324 to be smuggled into the United States.

The U.S. Attorney’s Office prosecuted the case, which was investigated by the U.S. Border Patrol.

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BILLINGS — A Lodge Grass man suspected of breaking into a woman’s house on the Crow Indian Reservation and sexually abusing her in 2020 admitted to a burglary charge today, U.S. Attorney Jesse Laslovich said.

Joe Claren Tate Reed, 32, pleaded guilty to burglary. Reed faces a maximum of 20 years in prison, a $50,000 fine and three years of supervised release.

U.S. District Judge Susan P. Watters presided. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Judge Watters set sentencing for Dec. 8. Reed was detained pending further proceedings.

A plea agreement filed in the case calls for a second count of sexual abuse to be dismissed at sentencing if the court accepts the agreement.

In court documents, the government alleged that on July 18, 2020, Reed was drinking with the victim, identified as Jane Doe, and others. In the early morning, Doe was taken home and put to bed because of alcohol intoxication. Doe awoke naked in her bed. Doe realized that while she was passed out, her bedroom window had been removed and her front door was unlocked. Doe suspected Reed had broken into her home and had sexually abused her. Doe made an immediate report to the Bureau of Indian Affairs law enforcement and got a sexual assault medical exam. Reed consented to giving a buccal swab. The results found Reed’s DNA on swabs taken from Doe’s exam. Reed initially denied having sex with Doe. When confronted with the DNA results, Reed changed his story and claimed he attempted to have consensual sex with Doe, but she passed out, so he stopped.

Assistant U.S. Attorneys Lori Harper Suek and Thomas K. Godfrey are prosecuting the case, which was investigated by the FBI.

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GREAT FALLS—A Michigan man admitted on Aug. 22 to bringing fentanyl pills to the Rocky Boy’s Indian reservation for distribution, U.S. Attorney Jesse Laslovich said today.

Romeiro Mased Williams, aka Rico, 30, of Detroit, Michigan, pleaded guilty to possession with intent to distribute controlled substances. Williams faces a maximum of 20 years in prison, a $1 million fine and three years of supervised release.

Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris set sentencing for Dec. 8. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Williams was released pending further proceedings.

The government alleged in court documents that in December 2020, the FBI was investigating a number of individuals from the Detroit area who were suspected to be distributing fentanyl on and around the Rocky Boy’s Indian Reservation. The FBI learned in mid-December that one of the individuals from this group, identified as Williams, was picked up at the Great Falls airport and taken to a home on Rocky Boy’s. Williams and John Doe, the resident of the home, were seen with pills and cash. The FBI executed a search warrant at the residence. Williams, John Doe and others were present. Officers seized about $920 in cash from Williams’ pocket and a bag of fentanyl was found on the floor. Williams claimed to have traveled from Michigan to Rocky Boy’s looking for a better place to live and denied ever seeing pills and knowing anything about drug trafficking. John Doe and others at the residence stated that Williams, had in fact, brought the pills that were seized. John Doe also admitted to helping Williams connect with local drug purchasers. Approximately 179 pills were submitted for DEA testing, and all tested pills contained fentanyl.

Assistant U.S. Attorney Ethan R. Plaut is prosecuting the case, which was investigated by the FBI, Tri Agency Task Force, Russell Country High Intensity Drug Trafficking Area Task Force and the Bureau of Indian Affairs.

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The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:

Appearing in Missoula before U.S. Magistrate Judge Kathleen L. DeSoto and pleading not guilty on Aug. 19 was:

Jacob Israel Strong, aka Jacob Israel Guill, 36, of Heron, on charges of conspiracy and international parental kidnapping. If convicted of the most serious crime, Strong faces a maximum of five years in prison, a $250,000 fine and three years of supervised release. Strong was detained pending further proceedings. The FBI investigated the case. PACER case reference. 22-28.

Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on Aug. 18 was:

Damon Joel Castillo, 46, of Hays, on charges of possession with intent to distribute methamphetamine and distribution of meth. If convicted of the most serious crime, Castillo faces a mandatory minimum five years to 40 years in prison, a $5 million fine and four years of supervised release. Castillo was detained pending further proceedings. The FBI, Bureau of Alcohol, Tobacco, Firearms and Explosives and Fort Belknap Law Enforcement Services investigated the case. PACER case reference. 22-56.

Osvaldo Aguilar, aka Aldo Chavez, aka Creeper, 47, of Cut Bank, on charges of conspiracy to possess with intent to distribute controlled substances and possession with intent to distribute controlled substances. If convicted of the most serious crime, Aguilar faces a mandatory minimum 10 years to life in prison, a $10 million fine and five years of supervised release. Aguilar was detained pending further proceedings. The FBI, Drug Enforcement Administration, Glacier County Sheriff’s Office and Blackfeet Law Enforcement Services investigated the case. PACER case reference. 22-54.

Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on Aug. 16 was:

Gene John Klamert, 70, of Billings, on charges of mail fraud. If convicted of the most serious crime, Klamert faces a maximum of 20 years in prison, a $250,000 fine and three years of supervised release. Klamert was released pending further proceedings. The Bureau of Land Management investigated the case. PACER case reference. 22-78.

Nathiel Bartell Plainbull, 33, unknown address, on charges of sexual abuse of a minor. If convicted of the most serious crime, Plainbull faces a maximum of 15 years in prison, a $250,000 fine and five years to life of supervised release. Plainbull was detained pending further proceedings. The FBI investigated the case. PACER case reference. 22-81.

The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.

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GREAT FALLS  — A Heart Butte man who admitted to trafficking methamphetamine on the Blackfeet Indian Reservation was sentenced today to 38 months in prison, to be followed by three years of supervised release, U.S. Attorney Jesse Laslovich said.

Gary Allen Jimenez, 27, pleaded guilty in May to possession with intent to distribute meth.

Chief U.S. District Judge Brian M. Morris presided.

In court documents, the government alleged that Jimenez, while on federal supervised released for a previous drug conviction, was involved with using and dealing meth on the Blackfeet Indian Reservation. Based on information from law enforcement, Jimenez’s federal probation officer called Jimenez into the office in Browning in January for a drug screen, which was positive for meth and amphetamine. In a search of Jimenez’s truck, the probation officer found 246 grams of meth, which is about a half pound, in his backpack.

Assistant U.S. Attorney Jessica A. Betley prosecuted the case, which was investigated by the FBI, U.S. Probation Office and Blackfeet Law Enforcement Services.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

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GREAT FALLS  — A Billings felon who admitted to illegal possession of a firearm after his arrest in Poplar while absconding from Billings, was sentenced today to 38 months in prison, to be followed by three years of supervised release, U.S. Attorney Jesse Laslovich said.

Curtis Jeffrey Montclair, 38, of Poplar and Billings, pleaded guilty in May to prohibited person in possession of a firearm.

Chief U.S. District Judge Brian M. Morris presided.

In court documents, the government alleged that in June 2020, Montclair, a convicted felon on state absconder status from Billings, possessed a 9mm pistol in Poplar. On June 29, 2020, Fort Peck tribal police responded to a report of a man who had discharged a firearm. Officers located Montclair, who was walking with three females. Officers asked to talk to Montclair, who then fled on foot. During the foot chase, Montclair took out a firearm and a bag and dropped them. The officer caught up to Montclair and used his taser to stop him. The officer recovered the handgun. Montclair admitted he knew he was prohibited from possessing firearms and that he had absconded from state supervision. In 2018, Montclair was convicted and sentenced on three separate felony drug possession cases in Yellowstone County.

The U.S. Attorney’s Office prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Fort Peck Police Department and Montana Probation and Parole.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

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GREAT FALLS — A federal jury today convicted a Washington man of drug trafficking charges after he was accused of bringing methamphetamine and fentanyl to Great Falls and the Rocky Boy’s Indian Reservation for distribution, U.S. Attorney Jesse Laslovich said.

After a two-day trial that began on Aug. 16, the jury found Aaron Ramirez Espinoza, 37, of Yakima, Washington, guilty of conspiracy to distribute and to possess with intent to distribute controlled substances and possession with intent to distribute controlled substances as charged in a superseding indictment. Espinoza faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release.

Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris set sentencing for Dec. 1. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Espinoza remains detained pending further proceedings.

“Removing from our streets drug traffickers like Espinoza who poison our communities with these highly addictive and dangerous drugs continues to be a top priority for our office and our law enforcement partners.  I want to thank Assistant U.S. Attorney Ethan R. Plaut, along with the FBI, Russell Country Drug Task Force and Great Falls Police Department for their diligent work on this case,” U.S. Attorney Laslovich said.

In court documents and at trial, the government alleged that in May 2021, law enforcement seized fentanyl pills from a witness, who identified his suppliers as a group of men from Yakima. The investigation led to Espinoza being identified as a member of this group. Law enforcement further learned that Espinoza was bringing drugs to Montana for distribution. On May 12, 2022, officers arrested Espinoza at a Great Falls business’ gas station, searched him and found in his jacket pocket a pouch containing a bag of meth and two bags of fentanyl pills. Officers also located a scale, a number of credit cards and a Washington identification card. Espinoza told law enforcement he was in a gang in Washington and that the drugs recovered were for personal use. However, Espinoza later said he had been going to meet someone at the business but that they never showed up and that he was “trying to make a living.”

Assistant U.S. Attorney Ethan R. Plaut is prosecuting the case, which was investigated by the FBI, Russell Country Drug Task Force and Great Falls Police Department.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

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GREAT FALLS  — A Billings woman suspected of trafficking methamphetamine and fentanyl on the Rocky Boy’s Indian Reservation admitted to charges today, U.S. Attorney Jesse Laslovich said.

Chantel Marie Azure, 33, pleaded guilty to conspiracy to distribute and to possess with intent to distribute controlled substances. Azure faces a mandatory minimum five years to 40 years in prison, a $5 million fine and at least four years of supervised release.

Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris set sentencing for Dec. 1. The court will determine a sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Azure was detained pending further proceedings.

In court documents, the government alleged that from about December 2020 through January 2021, at Havre and on the Rocky Boy’s Indian Reservation, Azure conspired with others to distribute meth and fentanyl. In January 2021, an informant working with law enforcement made a controlled purchase of 10 suspected fentanyl pills for $800 from Azure. The transaction involved Azure driving, with two male passengers, to a location and doing the drug deal in the informant’s car. Law enforcement continued surveillance of Azure and watched her engage in what appeared to be another transaction with a known local drug user. Law enforcement then stopped Azure’s vehicle, and identified the two other passengers, who ultimately were arrested. Cash from the controlled buy was found on the passengers. One of the passengers had meth and fentanyl pills the other passenger had a smaller bag of meth. A search warrant for Azure’s Facebook accounts recovered evidence of Azure trafficking both meth and pills.

Assistant U.S. Attorney Ethan R. Plaut is prosecuting the case, which was investigated by the Tri Agency Task Force, Drug Enforcement Administration and Havre Police Department.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

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The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:

Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on Aug. 8 was:

Reginald Steven Williams, 31, of Billings, on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute meth, possession of a firearm in furtherance drug trafficking and prohibited person in possession of a firearm. If convicted of the most serious crime, Williams faces a mandatory minimum five years to 40 years in prison, a $5 million fine and at least four years of supervised release on the drug crimes and a mandatory minimum five years to life, consecutive to any other sentence, a $250,000 fine and five years of supervised release on the crime of possession a firearm in furtherance of drug trafficking. Williams was detained pending further proceedings. The Eastern Montana High Intensity Drug Trafficking Area Task Force investigated the case. PACER case reference. 22-84.

Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on Aug. 8 was:

Benjamin Richard Skinner, 32, of Great Falls, and Keith Alan Laverdure, 35, of Great Falls, on charges of possession with intent to distribute cocaine and possession of a firearm in furtherance of drug trafficking crime. If convicted of the most serious crime, Skinner and Laverdure face a maximum of 20 years in prison, a $1 million fine and three years of supervised release on the drug crime and a mandatory minimum five years to life in prison, consecutive to any other sentence, on the crime of possession of firearm in furtherance of drug trafficking. Both defendants were released pending further proceedings. The Great Falls Police Department, FBI and Montana Highway Patrol investigated the case.  PACER case reference. 22-58.

The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.

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MISSOULA  — A Butte woman who admitted to stealing more than $600,000 from an elderly and blind woman, now deceased, who was under her care, and spending the money instead on lake property, vehicles, a pontoon boat and other items for herself was sentenced on Aug. 10 to one year and a day in prison, to be followed by three years of supervised release, U.S. Attorney Jesse Laslovich said today.

Debra Gean Roeber, 66, pleaded guilty in April to wire fraud and to money laundering.

U.S. District Judge Dana L. Christensen presided.  Judge Christensen also ordered $661,549.00 in restitution. 

“Montanans are inherently trusting and the victim in this case trusted Roeber because she was the victim’s guardian.  Roeber abused that trust when she defrauded her elderly, lonely, and blind victim, which is not just tragic and egregious, it’s reprehensible and unacceptable.  Our office and our law enforcement partners will not tolerate elder abuse, and we will be steadfast in our commitment to protect our most vulnerable friends and neighbors,” U.S. Attorney Laslovich said.

“Senior citizens and those that care about them must be vigilant to prevent future scams targeting elder Americans,” said Andy Tsui, Special Agent in Charge, IRS Criminal Investigation Denver Field Office. “As a community, it is our responsibility to care for our elders. As a law enforcement community, it is our duty to hold individuals accountable who abuse their position of trust and steal from the people that are under their care.”

“Motivated purely by greed, Roeber defrauded the victim and betrayed her trust. This was a truly reprehensible crime aggravated by the fact that the victim was blind,” said Special Agent in Charge Dennis Rice of the Salt Lake City FBI. “Our elderly citizens should be valued, not victimized. The FBI and our law enforcement partners will hold accountable those who prey on society’s vulnerable populations.” 

The government alleged in court documents that the state district court appointed Roeber as the guardian and conservator for the victim, identified as Jane Doe, who was unable to care for herself or her financial needs without assistance because she was blind. From about January 2017 until June 2020, Roeber stole $661,549 from Jane Doe and used the money for, among other things, construction projects on lake property at Canyon Ferry, vehicles, furniture, a pontoon boat and cash. None of the expenditures was authorized. Roeber admitted she took advantage of Jane Doe “a lot,” including lying to the victim about her finances. Jane Doe, who is now deceased, lived her final days believing this fraud left her destitute and unable to care for her simple needs.

Assistant U.S. Attorney Ryan G. Weldon prosecuted the case, which was investigated by the FBI and IRS Criminal Investigation.

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MISSOULA  — A Missoula woman who admitted to distributing large amounts of methamphetamine in the community was sentenced today to 30 months in prison, to be followed by five years of supervised release, U.S. Attorney Jesse Laslovich said.

Jessica Rachel Graff, 46, pleaded guilty in March to possession with intent to distribute meth.

U.S. District Judge Dana L. Christensen presided.

The government alleged in court documents that in September 2021, law enforcement executed a search warrant on Graff’s residence and recovered meth, drug paraphernalia and a large amount of U.S. currency. Investigators learned from a witness that from January 2021 to September 2021, Graff distributed one to two ounces of meth per day and was seen in possession of approximately a half-pound to one pound of meth. Another witness told investigators about buying large quantities of meth and heroin from Graff and purchased approximately one ounce of meth every day from Graff and one of Graff’s associates for more than a year.

Assistant U.S. Attorney Tara J. Elliott prosecuted the case, which was investigated by the FBI’s Montana Regional Violent Crime Task Force.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

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MISSOULA  — The co-owner of H & H Earthworks, Inc., was sentenced today to 30 months in prison after she admitted to failing to pay the IRS more than $2.8 million in employee and employer taxes, and instead, spent some of the money on personal expenses, including home renovations and recreational vehicles, U.S. Attorney Jesse Laslovich said.

Melissa Lynne Horner, 43, of Bozeman, pleaded guilty in April to failure to truthfully account for and pay over withholding and F.I.C.A. taxes, a felony, and to failure to file employer’s quarterly return and pay tax, a misdemeanor.

U.S. District Judge Dana L. Christensen presided. Judge Christensen also ordered Horner to serve three years of supervised release following incarceration and to pay $2,878,522 restitution. Horner was allowed to self-report to the Bureau of Prisons.

“Those who evade our federal and state tax laws by cheating taxpaying Americans out of their hard-earned dollars, especially those who are entitled to their Medicare and Social Security payments, will be held accountable for their criminal conduct.  Horner’s sentence shows that those who fraudulently refuse to pay taxes that every employer is required to pay will face criminal prosecution by our office.  The people of our state and nation deserve nothing less,” U.S. Attorney Laslovich said.

“Business owners have an obligation to their employees and the IRS to pay over payroll and employment taxes,” said Andy Tsui, Special Agent in Charge, IRS Criminal Investigation Denver Field Office. “By withholding these taxes for her personal gain Ms. Horner not only defrauded the federal government, but also all honest taxpayers, and today’s sentencing is a direct reflection of the seriousness of her crime.”

In court documents filed in the case, the government alleged that H & H Earthworks, Inc., is a Belgrade-based, family owned, commercial site-development business, and that Horner managed the company’s finances. The company employed between 20 and 60 persons from 2014 through 2019.

For approximately five years, beginning in March 2014 through 2019, Horner had Earthworks pay hundreds of thousands of dollars of expenditures for her personal benefit instead of paying over to the IRS payroll tax required to be withheld from Earthworks’ employees’ paychecks. Horner used the money for personal expenses, including, more than $100,000 on motorsport vehicles, $90,000 to a real estate title company in Bozeman, at least $50,000 on home renovations and $20,000 for a motorhome.

The government further alleged that Horner withdrew Federal Insurance Contribution Act (FICA) taxes from the wages paid to Earthworks employees and failed to pay over the trust fund taxes to the IRS. Horner also failed to pay over Earthworks’ portion of the FICA taxes (Federal Income, Social Security and Medicare taxes). In addition, Horner failed to file quarterly Forms 941, Employer’s Quarterly Federal Tax Returns, prior to being notified of the criminal investigation. Horner knew she was required to pay over the employment taxes and file the quarterly Forms 941 and willfully chose to violate this obligation.

Assistant U.S. Attorney Karla E. Painter prosecuted the case, which was investigated by the IRS Criminal Investigation.

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The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:

Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on Aug. 4 was:

James Kelly Chavez, 40, of Billings, on charges of conspiracy to possess with intent to distribute methamphetamine and possession with intent to distribute meth. If convicted of the most serious crime, Chavez faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release. Chavez was detained pending further proceedings. The Eastern Montana High Intensity Drug Trafficking Area Task Force, Drug Enforcement Administration and Montana Division of Criminal Investigation investigated the case. PACER case reference. 22-75.

Appearing on Aug. 2 was:

Oscar Albert Nevarez, 38, of Idaho Falls, Idaho, on charges of conspiracy to possess with intent to distribute meth, possession with intent to distribute meth and possession of a firearm in furtherance of a drug trafficking crime. If convicted of the most serious crime, Nevarez faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release on the drug crimes and a mandatory minimum five years to life in prison, consecutive to any other sentence, a $250,000 fine and five years of supervised release on the firearms crime. Nevarez was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives and Park County Sheriff’s Office investigated the case. PACER case reference. 22-43.

James D. Murrieta, 36, of Utica, New York, on charges of conspiracy to possess with intent to distribute meth, possession with intent to distribute meth, distribution of meth and possession of a firearm in furtherance of a drug trafficking crime. If convicted of the most serious crime, Murrieta faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release on the drug crimes and a mandatory minimum five years to life in prison, consecutive to any other sentence, a $250,000 fine and five years of supervised release on the firearms crime. Murrieta was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives and Park County Sheriff’s Office investigated the case. PACER case reference. 22-43.

Appearing on Aug. 4 in Great Falls before U.S. Magistrate Judge John T. Johnston for an initial appearance on a criminal complaint was:

Jorge Perez, 40, of Spokane, Washington, on charges of possession with intent to distribute controlled substances. If convicted of the most serious crime, Perez faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release. Perez was detained pending further proceedings. The FBI investigated the case. PACER case reference. 22-59.

The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.

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BILLINGS — A former Judith Gap School teacher today admitted to possessing child pornography after Facebook submitted tips about the possible transmission of the material on its system to authorities, U.S. Attorney Jesse Laslovich said.

Jayson Gayo, 27, of Harlowton, pleaded guilty to possession of child pornography as charged in an indictment. Gayo faces a maximum of 20 years in prison, a $250,000 fine and five years of supervised release.

U.S. District Judge Susan P. Watters presided. Judge Watters set sentencing for Dec. 15 and ordered Gayo remanded into custody pending further proceedings. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The government alleged in court documents and in court that in August 2020, Facebook submitted a series of Cybertips after flagging the possible transmission of child pornography on its system. The information indicated that the transmission of child pornography was from an account that was connected to the Judith Gap School and to Gayo’s residence in Judith Gap. Gayo was a teacher at Judith Gap School. There was no indication that the images or Gayo’s conduct involved students at the school. Investigators executed a search warrant of Gayo’s residence, collected multiple electronic media items and determined that the items contained more than 400 images and videos of child pornography. A search warrant issued to Facebook for Gayo’s account found additional evidence of uploads of child pornography from that account.

Assistant U.S. Attorney Zeno B. Baucus is prosecuting the case, which was investigated by Homeland Security Investigations and the Montana Division of Criminal Investigation.

This case was initiated under the Department of Justice’s Project Safe Childhood initiative, which was launched in 2006 to combat the proliferation of technology-facilitated crimes involving the sexual exploitation of children. Through a network of federal, state and local law enforcement agencies and advocacy organizations, Project Safe Childhood attempts to protect children by investigating and prosecuting offenders involved in child sexual exploitation. It is implemented through partnerships including the Montana Internet Crimes Against Children Task Force. The ICAC Task Force Program was created to assist state and local law enforcement agencies by enhancing their investigative response to technology facilitated crimes against children.

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BILLINGS — A Lewistown man today admitted to defrauding a bank and a credit union after obtaining more than $1 million in loans for his cattle ranching business, U.S. Attorney Jesse Laslovich said.

Eric Edward Mack, 43, pleaded guilty to bank fraud. Mack faces a maximum of 30 years in prison, a $1 million fine and five years of supervised release.

U.S. Magistrate Judge Timothy J. Cavan presided. A sentencing date will be set before U.S. District Judge Susan P. Watters. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The government alleged in court documents that from November 2015 to January 2018, Mack applied for and received multiple operating loans from Garfield County Bank and from the Fergus Federal Credit Union for his cattle ranching business. At the Garfield bank, Mack had loans totaling approximately $885,000 from 2015 to 2017, and at the Fergus credit union, Mack had loans totaling approximately $250,000 from 2016 to 2018. Mack secured loans at both businesses, with items, including cattle belonging to him. The government further alleged that between April 18, 2018 and June 14, 2018, Mack sold cattle, totaling more than $50,000, that were securing the Garfield and Fergus loans. Mack did not pay any of the proceeds to either the bank or credit union. The money should have been paid to the bank and credit union because the cattle secured Mack’s loans.

The U.S. Attorney’s Office is prosecuting the case, which was investigated by the FBI.

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BILLINGS — Two women accused of stealing liquor at gunpoint from a Billings Heights casino, firing a warning shot while fleeing and ultimately discarding two loaded firearms on elementary school property admitted robbery and firearms charges, U.S. Attorney Jesse Laslovich said.

Taliah Jeneane Ramirez, 22, of Billings, pleaded guilty today to a superseding information charging her with robbery affecting commerce, possession of a firearm in furtherance of a crime of violence and possession of a firearm in a school zone. Co-defendant Makyla Shayd Fetter, 28, of Harlem, pleaded guilty on July 28 to the same charges.

Ramirez and Fetter each face a maximum of 20 years in prison, a $250,000 fine and three years of supervised release on the robbery crime and a mandatory minimum seven years to life in prison, consecutive to any other sentence, a $250,000 fine and five years of supervised release on the crime of possessing a firearm in a crime of violence. In addition, the defendants face a maximum of five years in prison, not to be run concurrent to any other sentence, a $250,000 fine and three years of supervised release, on the crime of possession of a firearm in a school zone.

U.S. Magistrate Judge Timothy J. Cavan presided. A sentencing date will be set before U.S. District Judge Susan P. Watters. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The government alleged in court documents that on March 20, Fetter and Ramirez entered the Magic Diamond Casino in the Billings Heights, and Fetter removed five bottles of Southern Comfort liquor from a shelf. When an employee approached Fetter and asked to see her identification, Fetter pulled out a pistol, pointed it at the clerk and said, “here’s your (obscenity) ID.” Meanwhile, another employee had moved to block the doors. Fetter then pointed the firearm at the second employee, who moved away from the doors. The defendants got into a Buick, and before leaving, Ramirez took out another pistol and fired a round into the air. In a statement later, Ramirez said that Fetter told her to fire a round to prevent people from following them or identifying the vehicle.

The government further alleged that the Billings Police Department responded to the robbery and attempted a traffic stop of the Buick. The car fled at more than 80 mph, and the officer stopped a pursuit after a few blocks to avoid risks to civilians. The vehicle crashed a short time later after going through a fence at Ponderosa Elementary School. Law enforcement officers found the car abandoned with multiple bottles of Southern Comfort on the front passenger floorboard. During a search of the area, officers found Fetter, who was attempting to hide in grass next to a fence. Ramirez had fled. Officers searched Fetter but did not find a firearm. However, officers found a loaded gun that had been dropped in the middle of the playground. The next day, the school principal contacted the Billings Police Department about a second firearm that had been found on the school grounds by a student, who summoned a faculty member. A police officer determined that the second firearm also was loaded. Both firearms were determined to have been stolen.

Assistant U.S. Attorney Colin M. Rubich is prosecuting the case, which was investigated by the FBI, Billings Police Department, Yellowstone County Sheriff’s Office and Bureau of Alcohol, Tobacco, Firearms and Explosives.

This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.

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GREAT FALLS — A Fort Kipp woman today admitted to a manslaughter charge for striking and killing a man with her vehicle on the Fort Peck Indian Reservation, U.S. Attorney Jesse Laslovich said.

JoAnna Sayetsitty, 35, pleaded guilty to a superseding information charging her with involuntary manslaughter. Sayetsitty faces a maximum of eight years in prison, a $250,000 fine and three years of supervised release.

U.S. Magistrate Judge John Johnston presided. Sentencing will be set sometime later this fall before Chief U.S. District Judge Brian M. Morris. The court will determine a sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The government alleged in court documents that on Aug. 25, 2019, law enforcement responded to a call of a deceased individual who had been found in a wheat field south of Fort Kipp, on the Fort Peck Indian Reservation. The individual, identified as John Doe, was eventually identified after law enforcement posted a description of his clothing on social media. Officers interviewed Sayetsitty, who had been in a relationship with John Doe, at her residence. Officers discovered front-end damage to Sayetsitty’s Suburban SUV and found a piece of material matching John Doe’s clothing hanging from the vehicle.

The government further alleged that Sayetsitty told officers that on the evening she last saw John Doe, they had been driving around the area, drinking alcohol and listening to music. The two began arguing, John Doe got out of the car and Sayetsitty drove away from where he was standing in the field. Sayetsitty told officers multiple times that she was the only driver of the vehicle. Officers impounded the vehicle and, pursuant to a search warrant, found evidence from the undercarriage that matched John Doe’s DNA. An autopsy determined that John Doe died of blunt force injuries typical of a pedestrian being struck by a vehicle. Sayetsitty admitted in court to driving the vehicle in a reckless manner, and striking John Doe, causing his death.

Assistant U.S. Attorney Wendy A. Johnson is prosecuting the case, which was investigated by the FBI, Fort Peck Tribes Department of Law and Justice, and the Roosevelt County Sheriff’s Office.

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MISSOULA  — A Florence man who admitted to receiving numerous files of child pornography was sentenced today to seven years in prison, followed by ten years of supervised release, U.S. Attorney  Jesse Laslovich said. The defendant was also ordered to pay $51,000 in restitution to the victims. Senior U.S. District Judge Donald W. Molloy presided.

 Jeffrey Brandon Zabolotney, 35, previously pleaded guilty in March to one count of receipt of child pornography. 

The government alleged in court documents that in November 2020, the Ravalli County Sheriff’s Office (RCSO) received a report that the defendant was accessing child pornography online and that he possessed child pornography on a digital storage device. After obtaining a search warrant for the defendant’s residence, law enforcement seized multiple computers and storage devices. The RCSO reviewed some of the seized devices and located digital files that depicted children engaged in sexually explicit conduct.

 In May 2021, Homeland Security Investigations (HSI) began assisting the RCSO with the analysis and review of additional computer items that had not been searched by the RCSO. After analyzing data from computers and digital storage devices that belonged to and were used by the defendant, law enforcement officers and a Certified Forensic Examiner determined that between approximately June 2017 and August 2020, the defendant received over 4,600 image files and over 135 video files of minors engaged in sexually explicit conduct. The sexually explicit conduct included children being raped and being subjected to sexually sadistic conduct. Some of the minors in the files are prepubescent. In addition to content of the files themselves, law enforcement located other evidence that shows the defendant’s intent to commit the crime including documents with websites and passwords related to child pornography and a web history related to a user seeking child pornography.           

 “HSI investigators and support personnel will relentlessly use all of our investigative capabilities to punish those who engage in the despicable abuse of children, in some cases as young as infants,” said Ryan L. Spradlin, Special Agent in Charge, HSI Denver. “This sentence holds Zabolotney accountable for his atrocious crimes and serves as a warning that HSI and its law enforcement partners will work diligently to keep these predators out of Montana.”

 Assistant U.S. Attorney Cyndee L. Peterson prosecuted the case, which was investigated by the Ravalli County Sheriff’ Office and Homeland Security Investigations. 

BILLINGS - U.S. Attorney Jesse Laslovich announced today that a 37-year-old Billings woman was sentenced to two and a half years in prison, followed by five years of  supervised release for multiple counts of wire fraud, bank fraud and aggravated identity theft.  Additionally, the defendant was ordered to pay $21,045.98 in restitution. U.S. District Judge Susan Watters presided.

Elizabeth Stephenson, while working at an assisted living facility in Billings, Montana, took the debit card and PIN from a 96-year-old resident who requested she buy him a six-pack of beer.  Stephenson did so, and then used the victim’s bank card twelve times to place funds—over $1,000—on the Telmate account of her boyfriend who was incarcerated in Idaho.  Over the next month—and on 22 separate occasions—Stephenson took the card to an ATM and withdrew over $16,200 from the victim’s account, always in $700 increments.  Stephenson also utilized the victim’s credit card to obtain thousands of dollars of criminal legal services for her boyfriend.  All told, Stephenson caused a loss of over $21,000.00 to the elderly victim.  The missing money was discovered by a relative who was serving as the victim’s Power of Attorney. 

When questioned by law enforcement, Stephenson denied any involvement and claimed the victim never gave her his credit card.  Stephenson maintained her innocence even when advised that her name had been entered in an attempted Cash App transaction on the victim’s phone.  When Stephenson finally acknowledged she took the money, she claimed the victim gave her permission and that she always provided him with some of the funds she withdrew.  Stephenson later conceded that the victim did not actually have the capacity to authorize the transfer of any funds to her.

When interviewed, the victim could not remember which employee he gave his card.  After Stephenson’s theft was discovered, he only had $94 in his wallet. 

Assistant U.S. Attorney Karla Painter prosecuted the case which was investigated by the United States Secret Service and the Billings Police Department.

BILLINGS  — U.S. Attorney Jesse Laslovich announced that the U.S. Attorney’s Office for the District of Montana is closing its investigation into the Dec. 2, 2021 fatal shooting of Arlin Bordeaux by a Bureau of Indian Affairs (BIA) officer in Lame Deer, on the Northern Cheyenne Indian Reservation.

“After a thorough investigation by the FBI into the shooting of Mr. Bordeaux by a BIA officer and an extensive review by the U.S. Attorney’s Office, the office has declined to prosecute the case.

“According to the evidence reviewed during the investigation, the shooting occurred when a BIA officer responded to a call of a suspicious man near a residence and encountered Mr. Bordeaux, who was acting in a peculiar manner. Mr. Bordeaux disobeyed orders to stop and get on the ground and began fighting with the officer. The responding officer called for assistance and a second BIA officer arrived. Using non-lethal methods, including tasers, both officers tried unsuccessfully to gain control of Mr. Bordeaux, who was taller and heavier than the officers. During the fighting, Mr. Bordeaux obtained the assisting officer’s taser and was within arm’s reach of the responding officer. Believing the taser could incapacitate the responding officer or himself, the assisting officer shot Mr. Bordeaux twice. The first shot was through the back. The assisting officer shot Mr. Bordeaux a second time, in the shoulder, because Mr. Bordeaux again reached for the taser while he was still within arm’s reach of the responding officer. Both officers received minor injuries.

“An autopsy determined that the first shot did not incapacitate or kill Mr. Bordeaux, while the second shot nicked his heart and killed him. The autopsy also showed that Mr. Bordeaux had methamphetamine in his system.

“Evidence reviewed in the investigation included law enforcement video and audio files, interviews of the officers and the person who called the police, and autopsy records.

“As in all cases under its consideration, the U.S. Attorney’s Office is responsible for determining whether the government can prove each element of a federal crime beyond a reasonable doubt. Under the applicable federal criminal civil rights statute, prosecutors would have to establish that the assisting officer’s actions were objectively unreasonable under the circumstances, and that his actions were willful. To establish willfulness, the government must show that the officer acted with deliberate and specific intent to do something the law forbids – one of the highest standards of intent imposed by law. An officer reasonably believing that he or she is acting in self-defense or defense of others – even if predicated on mistake, misperception, negligence or poor judgment – is insufficient to establish this high standard. 

“After a careful and thorough review into the facts surrounding the shooting, the evidence, when viewed as whole, is insufficient to prove that the officer’s actions were ‘objectively unreasonable’ under the law. The evidence is also insufficient to establish beyond a reasonable doubt that the officer acted willfully, that is with the specific intent to break the law.

“Accordingly, the investigation into this tragic incident has been closed. This decision is limited to the U.S. Attorney’s Office’s inability to meet the high legal standard required to prosecute the case under the applicable federal civil rights statute; it does not reflect an assessment of any other aspect of the shooting.

“The U.S. Attorney’s Office is committed to investigating allegations of excessive force by law enforcement officers and will continue to ensure that all such allegations are fully investigated and aggressively prosecuted whenever there is sufficient evidence to do so.”

The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:

Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on July 14 was:

Andre Jean Reum, 24, of Wolf Point, on charges of conspiracy to possess with intent to distribute fentanyl, attempted possession with intent to distribute fentanyl and threatening a family member of a federal law enforcement officer. If convicted of the most serious crime, Reum faces a mandatory minimum five years to 40 years in prison, a $5 million fine and four years of supervised release. Reum was detained pending further proceedings. The FBI investigated the case. PACER case reference. 22-52.

Jessica Rose Menth, 33, of Helena, on charges of access device fraud, aggravated identity theft and possession of stolen mail. If convicted of the most serious crime, Menth faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release on the fraud charge and a mandatory two years in prison, consecutive to any other sentence, a $250,000 fine and one year of supervised release on the identity theft charge. Menth was detained pending further proceedings. The U.S. Postal Service and Lewis & Clark County Sheriff’s Office investigated the case. PACER case reference. 22-05.

Nolan James Hendrickson, 34, of Poplar, on charges of assault with a dangerous weapon, assault of intimate partner by strangulation and assault resulting in serious bodily injury. If convicted of the most serious crime, Hendrickson faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Hendrickson was detained pending further proceedings. The FBI, Bureau of Indian Affairs, Roosevelt County Sheriff’s Office and Fort Peck Department of Law and Justice investigated the case. PACER case reference. 22-49.

Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on July 15 was:

Shania Lynn Burns, 19, a transient, on charges of bank fraud and aggravated identity theft. If convicted of the most serious crime, Burns faces a maximum of 30 years in prison, a $250,000 fine and five years of supervised release on the bank fraud charge and a mandatory minimum two years in prison, consecutive to any other crime, a $250,000 fine and one year of supervised release on the identity theft charge. Burns was detained pending further proceedings. The Billings Police Department investigated the case. PACER case reference. 22-67.

Appearing on July 14 was:

William Jay Crow, 57, of Billings, on charges of prohibited person in possession of a firearm. If convicted of the most serious crime, Crow faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Crow was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 22-64.

Appearing on July 12 was:

Mary Johanna Amyotte, 41, of Lodge Grass, on charges of conspiracy to possess with intent to distribute methamphetamine and possession with intent to distribute meth. If convicted of the most serious crime, Amyotte faces a mandatory minimum of five years to 40 years in prison, a $5 million fine and at least four years of supervised release. Amyotte was released pending further proceedings. The Drug Enforcement Administration and Eastern Montana High Intensity Drug Trafficking Area Task Force investigated the case. PACER case reference. 22-37.

Jonathan Andrew Rasco, 42, a transient, on charges of wire fraud, aggravated identity theft, counterfeiting obligations of the United States and possession of stolen mail. If convicted of the most serious crime, Rasco faces a maximum of 20 years in prison, a $250,000 fine and at least three years of supervised release on the wire fraud charge and a mandatory minimum two years in prison, consecutive to any other sentence, a $250,000 fine and one year of supervised release on the identity theft charge. Rasco was detained pending further proceedings. The U.S. Secret Service investigated the case. PACER case reference. 22-45.

Charles Allen Johnson, 58, of Henderson, Nevada, on charges of conspiracy to possess with intent to distribute meth and possession with intent to distribute meth. If convicted of the most serious crime, Johnson faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release. Johnson was detained pending further proceedings. The Drug Enforcement Administration and Montana Division of Criminal Investigation investigated the case. PACER case reference. 21-45.

Appearing in Missoula before U.S. Magistrate Judge Kathleen L. DeSoto and pleading not guilty on July 8 was:

Jeremy Johannes Hennick, 51, of Superior, on charges of timber set afire. If convicted of the most serious crime, Hennick faces a maximum of five years in prison, a $250,000 fine and three years of supervised release. Hennick was detained pending further proceedings. The U.S. Forest Service investigated the case. PACER case reference. 22-35.

The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.

 

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BILLINGS  — A Lame Deer man who admitted to fatally stabbing another man during an argument at a Crow Agency convenience store on the Crow Indian Reservation was sentenced today to five years in prison, to be followed by three years of supervised release, U.S. Attorney Jesse Laslovich said.

James Posey Fisher Sr., 36, pleaded guilty in February to voluntary manslaughter.

U.S. District Judge Susan P. Watters presided. Judge Watters ordered the sentence to run consecutive to pending state cases in Yellowstone and Big Horn counties.

The government alleged in court documents that on June 28, 2020, at the Teepee Station convenience store in Crow Agency, Fisher stabbed the victim, identified as John Doe, once in the chest. The victim died of a single stab wound before reaching the hospital. Fisher and the victim were with other individuals and were drinking heavily. At some point, Fisher and John Doe began arguing in a car that Fisher was driving and continued the argument when they got out at the convenience store. The argument turned physical. Witnesses thought it was only a fist fight until John Doe backed up suddenly, ran a short distance and collapsed. Witnesses realized John Doe had been stabbed because he was bleeding. Fisher jumped back into the car and drove away.   

Assistant U.S. Attorneys Lori Harper Suek and Jeanne R. Torske and student intern, Alex Butler, prosecuted the case, which was investigated by the FBI.

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MISSOULA – A Bozeman man on Wednesday admitted to stealing more than $57,000 in government benefits from an individual for whom he was the fiduciary, U.S. Attorney Jesse Laslovich said.

Ira Kyrk Westbrook, 47, pleaded guilty on July 13 to Social Security fraud. Westbrook faces a maximum of five years in prison, a $250,000 fine and three years of supervised release.

U.S. Magistrate Judge Kathleen L. DeSoto presided. Sentencing was set for Oct. 28 before U.S. District Judge Dana L. Christensen. The court will determine a sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Westbrook was released pending further proceedings.

The government alleged in court documents that in September 2021, the Social Security Administration (SSA) received information that Westbrook was misappropriating Social Security benefits for an individual, identified as John Doe. Doe suffered a stroke in 2018 and had been admitted to a rehabilitation and care facility. Westbrook was appointed as Doe’s Representative Payee and agreed to use the Social Security funds only for Doe’s needs. Westbrook acknowledged he could be charged criminally if he misused the money.

An investigation determined that Westbrook transferred deposits by SSA and the Veteran’s Administration (VA) into Doe’s account to another account Westbrook controlled. Westbrook then made payments to local businesses and restaurants in Bozeman, along with payments to CenturyLink and Amazon, with the account incurring multiple overdrafts. In 2020, Westbrook purchased a travel trailer for $8,500 and a Jeep for $10,000.  Westbrook claimed the vehicle was used to run errands for Doe but disclosed that he and his wife had put approximately 15,000 miles on it over seven months. Social media posts showed Westbrook and his wife in the Jeep on a camping trip with the travel trailer. Westbrook diverted a total of $57,329 of Doe’s funds, consisting of $37,731 in VA benefits and $19,598 in SSA benefits.

Assistant U.S. Attorney Karla E. Painter is prosecuting the case, which was investigated by the SSA, VA and Bozeman Police Department.

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MISSOULA — A jury today convicted a former Missoula resident of transporting, distributing and receiving child pornography using the internet and social media, U.S. Attorney Jesse Laslovich said.

After a three-day trial, the jury found Taurean Jerome Weber, 39, formerly of Missoula and currently of Littleton, Colorado, guilty of all eight counts, including four counts of transportation of child pornography, three counts of distribution and one count of receipt of child pornography. The trial began on July 11. Weber faces a mandatory minimum five years to 20 years in prison, a $250,000 fine and five years to life of supervised release.

U.S. District Judge Dana L. Christensen presided. Judge Christensen set sentencing for Nov. 18. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Weber was remanded into custody pending further proceedings.

“Weber’s distribution of child pornography perpetuated the sexual exploitation and abuse of children for his own gratification. It was wrong and disgusting. We are committed to protecting children from this horrible crime and will be resolute in our efforts to hold those who prey on them accountable. I want to thank Assistant U.S. Attorneys Cyndee L. Peterson and Karla E. Painter, along with the Missoula Police Department, Internet Crimes Against Children Task Force and FBI for investigating and prosecuting this case,” U.S. Attorney Laslovich said.

In court documents and at trial, the government alleged that from about September 2016 to July 2020, Weber used Dropbox and Instagram to transport child pornography images and a computer to distribute child pornography. An investigation began in October 2019 when Instagram reported child pornography on its platform to the National Center for Missing and Exploited Children (NCMEC), which sends those CyberTips to members of the Internet Crimes Against Children Task Force for investigation. Records obtained through subpoenas and search warrants found evidence that Weber was the creator and user of the social media and email accounts. Investigators served a search warrant on Weber’s residence, seized computers and storage devices and determined they contained video and image files depicting minors engaged in sexually explicit conduct.

Assistant U.S. Attorneys Cyndee L. Peterson and Karla E. Painter are prosecuting the case, which was investigated by Missoula Police Department Det. Katie Hall, the Internet Crimes Against Children Task Force and FBI.

This case was initiated under the Department of Justice’s Project Safe Childhood initiative, which was launched in 2006 to combat the proliferation of technology-facilitated crimes involving the sexual exploitation of children. Through a network of federal, state and local law enforcement agencies and advocacy organizations, Project Safe Childhood attempts to protect children by investigating and prosecuting offenders involved in child sexual exploitation. It is implemented through partnerships including the Montana Internet Crimes Against Children Task Force. The ICAC Task Force Program was created to assist state and local law enforcement agencies by enhancing their investigative response to technology facilitated crimes against children.

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BILLINGS  — A Billings man convicted of multiple crimes stemming from a broad investigation into a sex trafficking network that involved nearly 20 victims, including minor girls, violence, drugs and the shooting death of a victim, was sentenced today to 26 years and 10 months in prison, to be followed by a lifetime of supervised release, U.S. Attorney Jesse Laslovich said.

The defendant, William Maurice Newkirk, 41, pleaded guilty in January to sex trafficking by force, fraud or coercion, use of a facility in interstate commerce in aid of racketeering, possession of a firearm in furtherance of drug trafficking and transportation of person with intent to engage in prostitution.

U.S. District Judge Susan P. Watters presided. Judge Watters also set a restitution hearing for Sept. 9 and ordered a total of $10,200 in special assessments. 

“For years, Newkirk ruthlessly wielded abuse, threats, violence and drugs to force women and girls to work in commercial sex, all so he could make money.  Far too many victims suffered, including one who tragically died as a result of Newkirk’s reprehensible actions. Today’s sentence holds Newkirk accountable for his criminal conduct. My office will continue to aggressively fight sex trafficking occurring in our communities and to seek justice for victims,” U.S. Attorney Laslovich said.

“Newkirk preyed on vulnerable women and young girls, subjecting them to horrific abuse and other crimes for years, strictly for his own profit,” said Special Agent in Charge Dennis Rice of the Salt Lake City FBI. “This case should serve as an eye-opener that sex trafficking happens in our communities, but there is help and hope for victims as the FBI and our partners are committed to holding those who exploit them accountable.”

In court documents, the government alleged that Newkirk coerced, manipulated and violently trafficked multiple women, including minors, into commercial sex for nearly a decade and across multiple states.  An investigation following a June 2019 fatal shooting of one of Newkirk’s victims, identified as Jane Doe 1, uncovered a network of individuals, including Newkirk, who were involved in violent and narcotic-related offenses. Newkirk used violence, threats and drugs to exploit almost 20 victims, some of whom were minor girls, into working in commercial sex for him.

The government further alleged that in early 2019, Newkirk and Jane Doe 1 became involved. Newkirk forced Jane Doe 1 to engage in commercial sex, verbally and physically abused her and took her to Wyoming, where he forced her to engage in commercial sex on her birthday.

In June 2019, the government alleged, Jane Doe 5 was a passenger along with two others in a car Newkirk was driving. Newkirk became upset with Jane Doe 5 and drove to Jane Doe 1’s residence, called Jane Doe 1 and told her to “come mop this bitch up,” referring to beating up Jane Doe 5. Upon arrival, Jane Doe 1, along with Newkirk and others, assaulted Jane Doe 5. In an effort to defend herself, Jane Doe 5 reached for a firearm. As Jane Doe 5 was being pulled out of the car, the firearm discharged and struck Jane Doe 1, who died from her injuries two days later. Law enforcement arrested Newkirk the day of the shooting. Investigators found cocaine residue on a digital scale in the car and the firearm used in the shooting near a co-defendant’s residence.

Victims told law enforcement that they observed Newkirk with a firearm and that he would provide them with cocaine.

All four co-defendants, Anthony Marcos Chadwell, Djavon Lamont King, Mario Juan Drake and Dejon Anthony Duncan pleaded guilty to charges and have been sentenced to various terms.

Assistant U.S. Attorneys Zeno B. Baucus, Bryan T. Dake and Benjamin D. Hargrove prosecuted the case, which was investigated by the FBI, Bureau of Alcohol, Tobacco, Firearms and Explosives, Montana Division of Criminal Investigation and the Billings Police Department.

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BILLINGS — A Pryor woman today admitted to accosting and slapping a Bureau of Indian Affairs police officer, who had shot and wounded the woman’s co-defendant after a vehicle chase in Lodge Grass, U.S. Attorney Jesse Laslovich said.

Darwyna Caylynn Catherine Bullshows, 25, pleaded guilty to assault on a federal officer. Bullshows faces a maximum of eight years in prison, a $250,000 fine and three years of supervised release.

U.S. Magistrate Judge Timothy J. Cavan presided. A sentencing date will be set before U.S. District Judge Susan P. Watters. The court will determine a sentence after considering the U.S. Sentencing Guidelines and other sentencing factors. Bullshows was released pending further proceedings.

The government alleged in court documents that on March 14, 2021, BIA police officers became engaged in a vehicle pursuit of co-defendant, Darnell Not Afraid, in Lodge Grass, located on the Crow Indian Reservation. Not Afraid, operating a stolen truck, drove at high speeds through residential neighborhoods and nearly struck various pedestrians. At some point during the chase, Bullshows, Not Afraid’s girlfriend at the time, got out of the truck. Not Afraid continued the pursuit, eventually stopped at a residence, got out of the truck and fled on foot. One of the officers left his vehicle and chased Not Afraid into the home’s yard. The officer drew his Taser. As the officer neared Not Afraid, Not Afraid turned toward him, pulled up his shirt and grabbed a revolver from his waistband. The officer then dropped his Taser, drew his service pistol and fired multiple times at Not Afraid, striking him at least once in the arm. Law enforcement recovered the revolver on the ground and determined that it was loaded.

The government further alleged that a crowd of angry people, many of whom were residing at the home where the incident occurred and had been watching the vehicle chase, accosted the officer. They yelled and cursed at the officer and were angry at him for shooting Not Afraid. They also prevented the officer from attending to Not Afraid.

An investigation found that Bullshows assaulted the officer, and that she admitted in an interview to slapping the officer’s face three times.  

Not Afraid has pleaded not guilty to charges and is pending trial.

Assistant U.S. Attorney Lori Harper Suek is prosecuting the case, which was investigated by the FBI.

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The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:

Appearing in Billings on July 8 before U.S. Magistrate Judge Timothy J. Cavan for an initial appearance on a criminal complaint was:

Daniel Joseph Colvin, 35, of Livingston, on charges of unlawful user of controlled substance in possession of a firearm. If convicted of the most serious crime, Colvin faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Colvin was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 22-92.

Malea Orser, 24, of Billings, on charges of possession with intent to distribute narcotics. If convicted of the most serious crime, Orser faces a mandatory minimum five years to 40 years in prison, a $5 million fine and at least four years of supervised release. Orser was detained pending further proceedings. The U.S. Postal Service investigated the case. PACER case reference. 22-100.

Appearing on an indictment and pleading not guilty on July 7 was:

Jeremy Taylor Sims, 33, of Billings, on charges of prohibited person in possession of a firearm and possession of a firearm with an obliterated serial number. If convicted of the most serious crime, Sims faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Sims was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 22-62.

Appearing on July 6 was:

Earl Landon Old Chief, Jr., 36, of Lodge Grass, on charges of assault on a federal officer. If convicted of the most serious crime, Old Chief faces a maximum of 20 years in prison, a $250,000 fine and three years of supervised release. Old Chief was detained pending further proceedings. The FBI investigated the case. PACER case reference. 22-44.

Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on July 6 was:

Rachel Aileen Goodbird, 29, of Poplar, on charges of involuntary manslaughter. If convicted of the most serious crime, Goodbird faces a maximum of eight years in prison, a $250,000 fine and three years of supervised release. Goodbird was released pending further proceedings. The FBI, Fort Peck Law Enforcement, Roosevelt County Sheriff’s Office and Montana Highway Patrol investigated the case. PACER case reference. 22-41.

The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.

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MISSOULA  — A man who admitted to dealing controlled substances in the Missoula area for more than two years was sentenced today to 10 years in prison, to be followed by five years of supervised release, U.S. Attorney Jesse Laslovich said.

Jamie Scott Chandler, 48, of Alberton, pleaded guilty in February to conspiracy to distribute controlled substances.

U.S. District Judge Donald W. Molloy presided.

The government alleged in court documents that Chandler distributed methamphetamine and heroin in the Missoula area from about January 2019 through June 2021. Officers with the Missoula Police Department and Montana Probation and Parole arrested Chandler on June 29, 2021 in Missoula County on a state warrant. Officers searched Chandler’s backpack and recovered heroin, meth, packaging materials, and a large amount of U.S. currency. When interviewed, Chandler told law enforcement that he had obtained drugs and provided drugs to others and had purchased the drugs found in his backpack.

Assistant U.S. Attorney Tara J. Elliott prosecuted the case, which was investigated by the FBI’s Montana Regional Violent Crime Task Force.

This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.

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MISSOULA  — A Kalispell woman who admitted to conspiring to traffic methamphetamine in the Flathead Valley after acknowledging she had planned to take possession of a two-pound package of the drug was sentenced today to five years in prison, to be followed by three years of supervised release, U.S. Attorney Jesse Laslovich said.

Destinee Rayne Hardesty, 40, pleaded guilty in March to conspiracy to possess with intent to distribute meth.

U.S. District Judge Dana L. Christensen presided.

The government alleged in court documents that Hardesty assisted in the distribution of large amounts of meth in the Flathead Valley. In March 2020 in Kalispell, law enforcement officers made a controlled delivery of a package previously determined to contain two pounds of meth to a Kalispell residence. Hardesty walked up to the residence and when interviewed, admitted that she had planned to take possession of the package and distribute the meth to various customers in Kalispell. Hardesty further admitted that she communicated with other co-conspirators about when the drugs were arriving and opened three packages of meth and separated the drug into quantities for delivery. Hardesty further admitted she had made about 50 deliveries of meth over a year, kept the drug at her residence and was involved in paying for the meth shipments.

Assistant U.S. Attorney Tara J. Elliott prosecuted the case, which was investigated by the Drug Enforcement Administration, Northwest Montana High Intensity Drug Trafficking Area Task Force and Missoula Drug Task Force.

This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.

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The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:

Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on June 28 was:

Jesse Littlebuck Dickinson, 40, a transient, on charges of bank fraud and aggravated identity theft. If convicted of the most serious crime, Dickinson faces a maximum of 30 years in prison, a $250,000 fine and five years of supervised release on the bank fraud crime and a mandatory minimum two years in prison, consecutive to any other sentence, a $250,000 fine and one year of supervised released on the aggravated identity theft crime. Dickinson was detained pending further proceedings. The Billings Police Department and Homeland Security Investigations investigated the case. PACER case reference. 22-67.

Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on June 28 was:

Jassie Laydell Westerman, 39, of Great Falls, on charges of possession of firearm by unlawful user of controlled substances and receipt of a firearm by a person under indictment. If convicted of the most serious crime, Westerman faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Westerman was detained pending further proceedings. Homeland Security Investigations, the Great Falls Police Department, the Cascade County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 22-28.

Appearing in Missoula before U.S. Magistrate Judge Kathleen L. DeSoto and pleading not guilty on June 30 was:

Mark Ernest Spani, 64, of Butte, on charges of conspiracy to possess with intent to distribute controlled substances, possession with intent to distribute controlled substances, distribution of controlled substances, possession of a firearm in furtherance of a drug trafficking crime, prohibited person in possession of a firearm and conspiracy to commit money laundering. If convicted of the most serious crime, Spani faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release on the conspiracy crime and a mandatory minimum five years to life in prison, consecutive to any other sentence, a $250,000 fine and five years of supervised release on possession of a firearm in furtherance of drug trafficking. Spani was detained pending further proceedings. The Drug Enforcement Administration and Montana Division of Criminal Investigation investigated the case. PACER case reference. 22-24.

Bernard Roy McKinney, 43, of Butte, on charges of conspiracy to possess with intent to distribute controlled substances, possession with intent to distribute controlled substances and distribution of controlled substances. If convicted of the most serious crime, McKinney faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release. McKinney was detained pending further proceedings. The Drug Enforcement Administration and Montana Division of Criminal Investigation investigated the case. PACER case reference. 22-24.

The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.

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GREAT FALLS — A woman today admitted to a firearm crime after fatally shooting a man while she was in his car in Box Elder, on the Rocky Boy’s Indian Reservation, U.S. Attorney Jesse Laslovich said.

Shaide Jo Demontiney, 19, no permanent address, pleaded guilty to an information charging her with use of a firearm during and in relation to a crime of violence.  Demontiney faces a mandatory minimum of 10 years to life in prison, a $250,000 fine and five years of supervised release.

Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris set sentencing for Sept. 28. The court will determine a sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Demontiney was detained pending further proceedings.

The government alleged in court documents that on Aug. 16, 2021, tribal police officers responded to a report of a shooting in Box Elder and found a deceased man. Officers learned that Demontiney had shot the man and driven away. Officers found and arrested Demontiney a short time later after the car she was driving broke down on the highway. Demontiney had a .380-caliber handgun and the victim’s cell phone. Demontiney told investigators that she had been in the car with the victim and had grabbed a handgun from her purse after he had offered her money and drugs for sex and touched her inappropriately. After the victim made another remark, Demontiney shot him in the chest. Demontiney told agents that she did not feel like she was in danger when she shot the victim. Demontiney then took the car and drove off.

Assistant U.S. Attorney Jessica A. Betley is prosecuting the case, which was investigated by the FBI and Rocky Boy’s Police Department.

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BILLINGS — A Montana man and woman convicted of trafficking multiple drugs, including methamphetamine and more than 9,000 fentanyl pills, were each sentenced to prison terms this week, U.S. Attorney Jesse Laslovich said.

Eric Charles Swan, 35, of Wolf Point, was sentenced today to eight years in prison, to be followed by five years of supervised release. Swan pleaded guilty in March to possession with intent to distribute controlled substances.

Co-defendant Elizabeth Ardell Grace Ronshaugen, 30, of Great Falls, was sentenced on June 29 to four years in prison, to be followed by five years of supervised release. Ronshaugen pleaded guilty in March to possession with intent to distribute controlled substances.

U.S. District Judge Dana L. Christensen presided.

In court documents, the government alleged that law enforcement began investigating Swan and Ronshaugen in 2021 after receiving information of possible drug trafficking. In November, agents observed that Swan was traveling to Denver and returning to Montana. Law enforcement pulled over Swan and Ronshaugen near Buffalo, Wyoming, and Swan was found to have several fentanyl pills in the pocket of his clothing. Ronshaugen was found to have several fentanyl pills hidden in her clothing and approximately 52 additional fentanyl pills were located in a plastic zip lock bag on her person. Wyoming law enforcement searched the vehicle and found approximately 9,616 fentanyl pills, a little more than one pound of heroin, 103 grams of meth, a gram of cocaine, 14 Dialudid pills and $9,775 in U.S. currency.

Assistant U.S. Attorney Thomas K. Godfrey prosecuted the case, which was investigated by the Eastern Montana High Intensity Drug Trafficking Area Task Force.

This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.

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BILLINGS — A Washington airline passenger today admitted allegations that he interfered with a flight crew by jumping on a beverage cart and pushing a flight attendant into a seat, screaming and trying to take off his clothes on a flight that was diverted to Billings for his removal, U.S. Attorney Jesse Laslovich said.

Adam Alexander Williams, 33, of Auburn, Washington, pleaded guilty to an indictment charging him with interference with flight members and attendants. William faces a maximum of 20 years in prison, a $25,000 fine and three years of supervised release.

U.S. Magistrate Judge Timothy J. Cavan presided. A sentencing date will be set before U.S. District Judge Dana L. Christensen. The court will determine a sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Williams was released pending further proceedings.

The government alleged in court documents that on Jan. 9, Williams boarded an American Airlines flight departing Seattle, Washington, for a flight to Charlotte, North Carolina. Once in the air, Williams’ behavior turned erratic and escalated. Williams yelled out to no one in particular, “Where is Jamie Sanders?”  At one point, Williams jumped over passengers in his row and on to a beverage cart that was in service. As he came off of the cart, he almost landed on a flight attendant and pushed her into a seat, knocking drinks and cups to the ground. He then began to run down the aisle of the aircraft. Williams’ behavior startled the flight attendant, who later appeared distressed and traumatized.

Another flight attendant was able to calm Williams down and escort him to his seat. About 10 minutes later, Williams began to act up again and screamed an obscenity. Flight attendants placed several Marines, who happened to be on the flight, in seats around Williams. Then, after roughly another 10 minutes, Williams stood up and began screaming while taking off his clothes. At that point, to ensure the safety of passengers, the aircraft’s captain turned the plane around and landed in Billings so that Williams could be removed.

Assistant U.S. Attorney Zeno B. Baucus is prosecuting the case, which was investigated by the FBI and Billings Airport Police.

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BILLINGS — A Livingston man today admitted allegations that he trafficked methamphetamine in the community and carried loaded firearms in furtherance of his drug distribution, U.S. Attorney Jesse Laslovich said.

Ryan King Steady, 40, pleaded guilty to a superseding information charging him with possession with intent to distribute meth and possession of a firearm in furtherance of a drug trafficking crime. Steady faces a mandatory minimum five years to 40 years in prison, a $5 million fine and at least four years of supervised release on the drug crime and a mandatory minimum five years to life in prison, consecutive to any other sentence, a $250,000 fine and five years of supervised release on the firearm crime.

U.S. Magistrate Judge Timothy J. Cavan presided. A sentencing date will be set before U.S. District Judge Susan P. Watters. The court will determine a sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Steady was detained pending further proceedings.

The government alleged in court documents that on Jan. 3, 2021, law enforcement conducted a welfare check on a person identified as Jane Doe 1 at Steady’s residence. Steady was home and invited officers in to speak with Doe 1. While walking through the house, an officer saw a 9mm semi-automatic handgun in Steady’s bedroom. The gun contained a loaded magazine with 18 rounds and was next to a holster and an additional loaded magazine. Officers seized the firearm and ammunition.

Officers learned that a few days earlier, Steady had travelled with another individual to Arizona and obtained a pound of meth, which he then sold to several people. Steady also regularly provided Doe 1 with meth. In addition, officers learned that Steady twice went to Belgrade to buy meth, that he had several people moving the drug for him and got the firearm for protection. In an April 17, 2021, traffic stop of Steady in Gallatin County near Belgrade, officers found a 12-gauge shotgun with two shells in the feed tube near a backpack, which contained a digital scale and unused plastic baggies.  He described specific items in the backpack but denied knowledge of the scale and baggies. Officers searched the backpack and found gram quantities of meth.

Assistant U.S. Attorney Karla E. Painter is prosecuting the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Park County Sheriff’s Office, Gallatin County Sheriff’s Office and Montana Probation and Parole.

This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.

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BILLINGS  — A Charleston, South Carolina, man was sentenced today to 30 years in prison, to be followed by a lifetime of supervised release, for his conviction in a large sex trafficking and drug investigation that involved more than a dozen women and girls who were forced by threats and violence into prostitution in Montana and taken to other states, U.S. Attorney Jesse Laslovich said.

Louis Gregory Venning, also known as “December,” 42, pleaded guilty in November 2021 to sex trafficking by force, fraud and coercion, sex trafficking of a minor, transportation of a person with intent to engage in prostitution and possession with intent to distribute cocaine.

U.S. District Judge Dana L. Christensen presided. Restitution, which is mandatory, will be determined at a later hearing.

“Venning targeted young women and girls, including a minor, to force them into his interstate prostitution network,” U.S. Attorney Laslovich said. “He gave those victims drugs and some income, while at the same time he coerced, cajoled and forced them into a life of commercial sex, traveling from town to town and state to state to set up the business for a few days at a time, all to enrich himself.  Those victims were emotionally and physically abused, not only by Venning, but also by his customers.  Today’s sentence is an example of the hard work my office is doing to address this problem in Montana and to protect and seek justice for these victims."

“Venning preyed on vulnerable women and girls, taking away their voice and their dignity through manipulation and violence,” said Special Agent in Charge Dennis Rice, of the Salt Lake City FBI. “The FBI shares in an unwavering commitment to aggressively investigate and help eliminate this form of modern-day slavery and seek assistance and justice for victims.” 

In courts documents and in statements in court, the government alleged that from 2012 to 2020, Venning sex trafficked women and girls, identified as Jane Does, and distributed cocaine, heroin and methamphetamine. Venning coerced, threatened and controlled more than a dozen victims to engage in commercial sex for his profit. Venning used the internet and social media to meet and recruit victims, some of whom were homeless and using drugs, into working for him. He further controlled his victims by providing them drugs and by threatening and physically abusing them. Venning forced the victims to engage in commercial sex for him in Billings and other Montana communities. Venning also took some of victims from Montana to work in other states, including Wyoming, Missouri and Georgia.

The government further alleged that in 2019, Venning met Jane Doe 9 in a Missoula motel after responding to one of Jane Doe 9’s own ads for commercial sex. Venning discussed how she would work for him and ultimately she did. Venning became abusive toward Jane Doe 9, including physically assaulting her. In August 2018 in Billings, Venning coerced a minor girl, identified as Jane Doe 8, who was under the age of 18, to engage in commercial sex. In 2012, Venning transported another victim, identified as Jane Doe 5, from Montana to Georgia and Missouri to engage in prostitution.

In addition, Jane Does 3 and 4 told law enforcement that while working for Venning in commercial sex, he gave them cocaine. Social media posts collected during the investigation show Venning bragging about and sending pictures of cocaine to various individuals.

Assistant U.S. Attorneys Zeno B. Baucus and Bryan T. Dake prosecuted the case, which was investigated by the FBI, Montana Division of Criminal Investigation and Billings Police Department.

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GREAT FALLS  — An employee of a Helena pawn shop was sentenced today to three years in prison, to be followed by three years of supervised release, for illegally possessing a firearm and lying during a firearm purchase at the business, U.S. Attorney Jesse Laslovich said.

Isaiah Maurice Morsette, 39, of Boulder, pleaded guilty in November 2021 to prohibited person in possession of a firearm and to false statement during a firearms transaction.

Chief U.S. District Judge Brian M. Morris presided.

In court documents filed in the case, the government alleged that in 2021, the Bureau of Alcohol, Tobacco, Firearms and Explosives began investigating Modern Pawn & Consignment  after learning that Morsette was involved in the purchase of 88 pounds of gunpowder stolen from Montana Outdoor Sports in February 2021. The investigation found numerous violations of federal firearms laws. Morsette’s wife and co-defendant, Catherine Suzanne Morsette, was the federal firearms licensee for the business, while Morsette was the firearms and ammunition expert. Catherine Morsette, who was convicted in the case and sentenced to four years of probation, deferred to her husband on firearms-related matters.

On July 14, 2021, the ATF arrested several suspects, including Morsette, and searched the business. The ATF recovered 110 firearms, some of which were determined to be stolen, and an assortment of ammunition.

Morsette has felony convictions and at the time he possessed firearms, he knew he had been convicted of felony sexual intercourse without consent in December 2011 in Montana.

In March 2021, an undercover ATF special agent went to Modern Pawn, where Morsette told the special agent that he would have two Smith & Wesson 9mm pistols available for sale in four days. Morsette handed the special agent both pistols and discussed other firearms for sale or coming up for sale.

In April 2021, two undercover ATF special agents went to Modern Pawn where special agent #2 eventually bought a Savage 6.5 Creedmoor rifle from Morsette for special agent #1. Morsette handed the rifle to special agent #1. When special agent #1 asked about not having a Montana address yet, Morsette told the special agent to purchase the firearm from him anyway.  With Morsette present, special agent #1 called special agent #2 and asked him to come to the store. While waiting for the second special agent to arrive, Morsette handed special agent #1 a box of ammunition. Special agent #2 arrived at the store and with Morsette filled out an ATF form for the rifle’s purchase. When special agent #2 asked about a question on the form regarding the actual purchaser of the firearm, Morsette responded, “yeah, it’s your gun brother, as far as I’m concerned.” Morsette knowing executed the ATF form stating that special agent #2 was the actual purchaser of the Savage rifle, when in fact he knew that special agent #1 was the actual purchaser.

The ATF investigated the case.

This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.

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The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:

Appearing in Billings before U.S. Magistrate Judge Kathleen L. DeSoto and pleading not guilty on June 23 was:

Trevor John Glumbik, 34, of Billings, on charges of possession with intent to distribute fentanyl and prohibited person in possession of a firearm and ammunition. If convicted of the most serious crime, Glumbik faces a maximum of 20 years in prison, a $1 million fine and three years of supervised release. Glumbik was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Montana Division of Criminal Investigation investigated the crime.  PACER case reference. 22-68.

Appearing before U.S. Magistrate Judge Timothy J. Cavan on June 22 was:

Raymond Lee Toulouse, 37, of Great Falls, on charges of prohibited person in possession of a firearm. If convicted of the most serious crime, Tuolouse faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Toulouse was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case.  PACER case reference. 22-71.

David Lawrence Bernach, 59, of Billings, on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute meth and distribution of meth. If convicted of the most serious crime, Bernach faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release. Bernach was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 22-66.

Michael Romie Cervantes, 48, of Fresno, California, on charges of conspiracy to possess with intent to distribute meth and possession with intent to distribute meth. If convicted of the most serious crime, Cervantes faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release. Cervantes was detained pending further proceedings. The Drug Enforcement Administration investigated the case. PACER case reference. 22-02.

Appearing on June 21 was:

Mark Jay Albrecht, 65, of Gillette, Wyoming, on charges of false statement. If convicted of the most serious crime, Albrecht faces a maximum of five years in prison, a $250,000 fine and three years of supervised release. Albrecht was released pending further proceedings. The FBI investigated the case. PACER case reference. 21-41.

Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on June 21 was:

Jorge Allejandro Orellana-Banegas, 23, and Jose Eugenio Banegas-Torres, 38, both of Honduras, on charges of conspiracy to transport illegal aliens and transportation of illegal aliens. If convicted of the most serious crime, the defendants face a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. The defendants were detained pending further proceedings. The U.S. Border Patrol investigated the case. PACER case reference. 22-47.

The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.

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BILLINGS  — A Billings man who admitted to stealing firearms from a dealer after breaking into the business by using a construction excavator to tear a hole in the wall was sentenced today to five years and two months in prison, to be followed by three years of supervised release, U.S. Attorney Jesse Laslovich said.

Erik Stephen Deaner, 46, pleaded guilty in December 2021 to theft from a federal firearms dealer.

U.S. District Judge Susan P. Watters presided. Judge Watters also ordered $1,000 restitution.

The government alleged in court documents that on Oct. 21, 2021, Deaner stole firearms from Castle Arms, a federal firearms licensee located in Yellowstone County, by using a construction excavator to tear down a section of wall and door. The excavator had been taken from a nearby construction site. The excavator had been locked and no keys were missing, but the key was universal so anyone with the manufacturer’s key could potentially access the excavator. An investigation determined that five pistols and one antique rifle had been stolen and that Deaner had been in the business previously and had behaved oddly. Investigators went to Deaner’s home and arrested him on an outstanding warrant when he came outside. Deaner admitted to using the excavator to break into the business and to stealing the firearms. Deaner said he knew he was prohibited from possessing firearms but that he liked firearms. All of the stolen firearms were recovered from his garage.

Assistant U.S. Attorney Thomas K. Godfrey prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and Yellowstone County Sheriff’s Office.

This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.

 

 

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GREAT FALLS  — A Wolf Point man who admitted to fatally shooting another man in the back on the Fort Peck Indian Reservation was sentenced today to 16 years in prison, to be followed by five years of supervised release, U.S. Attorney Jesse Laslovich said.

Doratello “DJ” Juan Fischer, 37, pleaded guilty in November 2021 to second degree murder as charged in an information.

Chief U.S. District Judge Brian M. Morris presided.

The government alleged in court documents that on Nov. 27, 2020, Fischer shot the victim in the back with a .22-caliber rifle, killing him.  Fischer had been driving around Wolf Point drinking alcohol with his girlfriend and other person that evening. While driving down an alley, Fischer told his girlfriend to stop the car and he then got out. The victim was standing outside of a residence near the alley. Fischer shot the victim in the back with a .22-caliber rifle, back, got back into the vehicle with his girlfriend and sped away. The rifle was never found.

The victim was transported to Trinity Hospital in Wolf Point where he was pronounced dead. The cause of death was a single gunshot wound to the back.

The shooting occurred following a Nov. 24, 2020 incident at a Wolf Point bar where law enforcement responded to the victim brandishing a firearm and pointing it at Fischer. The day  before Fischer shot the victim, Fischer used social media to communicate with another individual about the victim pointing the gun at him. Fischer said that he was planning on “coming to town to go hunting.”

Assistant U.S. Attorneys Lori Harper Suek and Jared C. Cobell prosecuted the case, which was investigated by the FBI, Fort Peck Tribes Criminal Investigation and Wolf Point Police Department.

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GREAT FALLS  — A Whitehall man who admitted to downloading child pornography for approximately six years was sentenced on June 16 to seven years and two months in prison, to be followed by 10 years of supervised release, U.S. Attorney Jesse Laslovich said today.

Tyler D. Pinnt, 35, pleaded guilty in February to an information charging him with receipt of child pornography.

Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris also ordered a total of $6,000 restitution to two victims. Chief Judge Morris ordered Pinnt to self-report to the Bureau of Prisons.

The government alleged in court documents that Pinnt received child pornography from about March 2015 to July 2021. The Montana Internet Crimes Against Children Task Force was investigating Pinnt for online crimes against children and on July 13, 2021, served a search warrant on his residence near Whitehall. Agents seized several computers and cellular phones and conducted a forensic examination of the devices. At the time of the search, Pinnt admitted in an interview that he found child pornography online and that agents would locate child pornography on his laptop and desktop computers. Investigators located child pornography images and videos on Pinnt’s two phones and his computers and determined that Pinnt had downloaded the material between March 2015 and July 2021.

Assistant U.S. Attorney Cyndee L. Peterson prosecuted the case, which was investigated by the Montana Internet Crimes Against Children Task Force, FBI, Lewis and Clark County Sheriff’s Office, Helena Police Department and Seattle (Washington) Police Department Human Trafficking Unit.

This case was initiated under the Department of Justice’s Project Safe Childhood initiative, which was launched in 2006 to combat the proliferation of technology-facilitated crimes involving the sexual exploitation of children. Through a network of federal, state and local law enforcement agencies and advocacy organizations, Project Safe Childhood attempts to protect children by investigating and prosecuting offenders involved in child sexual exploitation. It is implemented through partnerships including the Montana Internet Crimes Against Children Task Force. The ICAC Task Force Program was created to assist state and local law enforcement agencies by enhancing their investigative response to technology facilitated crimes against children.

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GREAT FALLS  — A Great Falls man who admitted to a firearm crime after shooting another man in the hand with a sawed-off shotgun was sentenced on June 16 to three years and four months in prison, to be followed by three years of supervised release, U.S. Attorney Jesse Laslovich said today.

Hunter Dylan Bell, 28, pleaded guilty in March to possession of an unregistered firearm.

Chief U.S. District Judge Brian M. Morris presided.

In court documents, the government alleged that in August 2020, Bell shot a man in the hand with a sawed-off shotgun over a dispute about a car just a few dozen yards from an elementary school in Great Falls. In a statement later to law enforcement, Bell said that on the day of the shooting, he had gone to retrieve a vehicle from the victim that the victim had stolen. Bell admitted to acquiring the shotgun and bringing it with him to the altercation but claimed to have shot the victim in self-defense. Bell acknowledged that the gun was placed in a nearby trash can after the shooting and that he had fled to Lewistown. Law enforcement retrieved the firearm from the trash can and determined it was a Mossberg Haven Model 495T, 12-gauge shotgun that had a barrel length of approximately 12.875 inches and an overlength of 24.50 inches. The government further alleged that at the time Bell possessed the sawed-off shotgun, he was prohibited from possessing firearms because he had a prior felony conviction.

Assistant U.S. Attorney Jeffrey K. Starnes prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Great Falls Police Department.

This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.

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GREAT FALLS  — A Chinook man who admitted to trafficking methamphetamine on the Fort Belknap Indian Reservation was sentenced on June 16 to six years in prison to be followed by five years of supervised release, U.S. Attorney Jesse Laslovich said today.

Kalled Sam Hassen Jaha, 39, pleaded guilty in March to possession with intent to distribute meth.

Chief U.S. District Judge Brian M. Morris presided.

In court documents, the government alleged that in March 2019, a Fort Belknap Law Enforcement police officer attempted a traffic stop of a vehicle that was speeding through a neighborhood on the reservation. After a short chase, the driver and passenger left the car and fled on foot. Multiple officers were unable to locate the individuals. Officers saw drugs and other items in the car, including a receipt with Jaha’s name printed on it, and impounded the car. Officers located Jaha the next day and detained him at the police station for questioning. While at the station, an officer noticed Jaha was chewing on a piece of paper and pulled it from mouth. The paper appeared to be pieces of a drug ledger. Jaha was charged with tribal offenses and released on bond.  Two days later, officers attempted a traffic stop of a truck Jaha was driving. Jaha refused to pullover, and after a short chase, Jaha left the truck and fled on foot. Officers were unable to locate Jaha and impounded the truck. Tribal officers contacted the Tri-Agency Task Force, which knew Jaha was on state probation, and a state probation officer ordered a search of Jaha’s truck. During the search, officers found meth, miscellaneous pills, paraphernalia, two cellular phones and $685 in U.S. currency. A search warrant was served on the phone and law enforcement found text messages between Jaha and others that indicated Jaha intended to sell the meth.

Assistant U.S. Attorney Jeffrey K. Starnes prosecuted the case, which was investigated by the FBI, Tri-Agency Task Force and Fort Belknap Law Enforcement.

This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.

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MISSOULA – A Butte nurse accused of stealing opiates from multiple medical centers in the Butte-area community in 2021 admitted to criminal charges on June 16, U.S. Attorney Jesse Laslovich said today.

Shantyl Marie Giacoletto, 30, pleaded guilty to three counts of unlawfully obtaining controlled substances. Giacoletto faces a maximum of four years in prison, a $250,000 fine and one year of supervised release.

U.S. District Judge Dana L. Christensen presided. The court will determine a sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Sentencing was set for Oct. 13. Giacoletto was detained pending further proceedings.

The government alleged in court documents that Giacoletto diverted opiates in 2021 while working at three medical centers in Anaconda, Butte and Deer Lodge. In June 2021, a Community Hospital of Anaconda manager reported the theft of oxycodone tablets from the hospital. The hospital’s records reflected the loss of 392 oxycodone pills over the past three months. The records showed that CHA nurse Giacoletto routinely pulled oxycodone from the pharmacy but did not document the administration of that drug to her patients. A review of 50 patient files showed that Giacoletto did this on 49 occasions. Several patients confirmed they never received that drug. When management confronted Giacoletto, she denied stealing controlled substances but quit shortly after the meeting. In an interview with an Anaconda Police Department detective, Giacoletto again denied any diversion and claimed the hospital was retaliating against her, criticized its training program and stated that another nurse would confirm the lack of documentation for the administration of drugs. The detective spoke with the nurse Giacoletto identified and other hospital employees. All advised they were required to record when controlled substances were given to patients and that it would be extremely rare for someone to fail to enter that information.

Another diversion occurred in October 2021 at Continental Care and Rehabilitation in Butte, where Giacoletto worked as a traveling nurse. Only three individuals, including Giacoletto, had access to narcotics at that time. The director provided records for the missing drugs, which included 26 hydrocodone and 80 oxycodone tablets. Several medication logs had been torn out, many drugs had been marked “destroyed” with no nurse signature as required and at least two patient files had been improperly altered. Management then announced a drug screening, and most nurses provided urine samples, which were all negative for the diverted drugs. Giacoletto did not submit to the drug test and did not return to work at that facility.

A third diversion occurred in November 2021 at The Ivy in Deer Lodge. The director of nursing advised that a drug count on Nov. 21, 2021 determined 52 oxycodone and 27 morphine tables were missing. And on Nov. 23, 2021, a drug count determined 115 oxycodone and 60 hydrocodone pills were missing. The director then requested urine samples from the staff working those dates. All complied and tested negative aside from Giacoletto, who initially refused and left the facility. Giacoletto’s employer then contacted her and instructed her to provide a sample. Giacoletto returned to the facility several hours later and requested a specific bathroom for the drug test. When she provided the sample, it was cold, and the result was inconclusive because the temperature was not within the approved testing range. In addition, patient logbooks for the two dates included pages that were crossed out, folded over and not signed as required by policy. Giacoletto was the only person with access to the medication cart on both days.

Assistant U.S. Attorney Karla E. Painter is prosecuting the case, which was investigated by the Drug Enforcement Administration and the Anaconda Police Department.

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GREAT FALLS  — East Helena’s former chief of police was sentenced today to five years and six months in prison, to be followed by five years of supervised release, for distributing child pornography using social media, U.S. Attorney Jesse Laslovich said.

William Daly Harrington, 43, of Helena, pleaded guilty in December 2021 to distribution of child pornography.

Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris also imposed $7,500 in fines. Harrington was ordered to self-report to the Bureau of Prisons.

“As a career police officer and then as chief of police, Harrington had a duty to protect children, and yet he distributed child pornography. His actions perpetuated the sexual exploitation of children and harm inflicted on vulnerable victims. This sentence holds Harrington accountable not only for his criminal conduct but also for his breach of the public’s trust. I want to thank Assistant U.S. Attorneys Cyndee L. Peterson and Wendy A. Johnson and all of our law enforcement partners for their work on this case,” U.S. Attorney Laslovich said.

"Crimes against children are horrific, and this case was aggravated by the fact that William Harrington took an oath to protect and serve," said Dennis Rice, Special Agent in Charge of the Salt Lake City FBI. "The FBI is committed to protecting society's most vulnerable and will hold those who prey on innocent children accountable."

“We appreciate the partnership of the Internet Crimes Against Children Task Force that the FBI leads. We appreciate the City of East Helena assistance with this investigation as well,” said Lewis and Clark County Sheriff and Coroner Leo C. Dutton.

The government alleged in court documents that in September 2020, a Lewis and Clark County Sheriff’s deputy, who is a member of the Montana Internet Crimes Against Children Task Force, investigated a tip that Facebook Messenger had reported one of its accounts distributed child pornography to another account. The investigation determined that the Facebook Messenger account distributing child pornography belonged to Harrington, who was the chief of police for East Helena. Account records showed that on Nov. 17, 2019, Harrington sent 11 images to another account. Some of the images depicted child pornography. Law enforcement served a search warrant on Harrington’s residence and seized his cellular phone. An analysis of the phone found it contained images and videos of child pornography. As part of his investigation, the ICAC detective consulted with a pediatrician who concluded that some of the images depicted prepubescent children or children under the age of 12 years old.

Harrington admitted that he owned and used the Facebook Messenger account that distributed child pornography.

The government further alleged that Harrington was a mandatory reporter of child abuse, and, during the same timeframe, he sought out sexually explicit images of children, saved them to his phone and then distributed them. As chief of police, Harrington attended Child Protection Team Meetings, knew the consequences to the children depicted and, nonetheless, pursued the images at the expense of child victims.

Assistant U.S. Attorneys Cyndee L. Peterson and Wendy A. Johnson prosecuted the case, which was investigated by the FBI’s Child Exploitation and Human Trafficking Task Force, Homeland Security Investigations, Montana Internet Crimes Against Children Task Force, Lewis and Clark County Sheriff’s Office and the Bozeman Police Department.

This case was initiated under the Department of Justice’s Project Safe Childhood initiative, which was launched in 2006 to combat the proliferation of technology-facilitated crimes involving the sexual exploitation of children. Through a network of federal, state and local law enforcement agencies and advocacy organizations, Project Safe Childhood attempts to protect children by investigating and prosecuting offenders involved in child sexual exploitation. It is implemented through partnerships including the Montana Internet Crimes Against Children Task Force. The ICAC Task Force Program was created to assist state and local law enforcement agencies by enhancing their investigative response to technology facilitated crimes against children.

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BILLINGS — A judge today convicted a Billings man on multiple crimes stemming from an investigation into kidnapping of minors, transportation of persons for illegal purposes, cocaine and methamphetamine trafficking and firearms crimes, U.S. Attorney Jesse Laslovich said.

U.S. District Judge Susan P. Watters found Angelo Corey Stackhouse, 52, guilty of all crimes charged in an indictment, including transportation of a person with intent to engage in illegal sexual activity, distribution of cocaine to a person under the age of 21, distribution of cocaine and meth, possession with intent to distribute cocaine, possession of a firearm in furtherance of a drug trafficking offense and two counts of kidnapping.

Stackhouse faces a mandatory minimum of 27 years and a maximum of life imprisonment.  

Judge Watters presided at a four-day bench trial that began on June 13. The court will determine a sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Judge Watters set sentencing for Oct. 27. Stackhouse’s detention was continued.

“Stackhouse was a violent cocaine trafficker who used drugs, a firearm and threats to prey on and sexually assault victims, including kidnapping two minor girls with the purpose to sexually assault them. Stackhouse’s convictions hold him accountable for multiple crimes. I want to thank Assistant U.S. Attorneys Zeno B. Baucus and Bryan T. Dake and all of the investigative agencies for their work on this case,” U.S. Attorney Laslovich said.

In court documents and in evidence presented at trial, the government alleged that in early 2020, Stackhouse trafficked illegal narcotics, primarily cocaine. Stackhouse went to Denver, Colorado, among other locations, to obtain cocaine for redistribution in the Billings community through the summer of 2020. During this time, Stackhouse also transported a young adult female to Colorado and sexually assaulted her on multiple occasions. Then in September 2020 and again in April 2021, Stackhouse kidnapped two minor females for the purposes of sexually assaulting them. One of the minor victims was from the Crow Indian Reservation and a second minor victim was from Billings.

Assistant U.S. Attorneys Zeno B. Baucus and Bryan T. Dake prosecuted the case, which was investigated by the Montana Department of Justice’s Division of Criminal Investigation, with assistance from the FBI, Bureau of Indian Affairs, Billings Police Department and Yellowstone County Sheriff’s Office.

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GREAT FALLS  — A Great Falls man who admitted to defrauding others in a bad check scheme was sentenced today to one year in prison, to be followed by three years of supervised release, for convictions in two separate cases, U.S. Attorney Jesse Laslovich said.

Mickey James Buchholz, 35, pleaded guilty in February to wire fraud, and today, he pleaded guilty to wire fraud as charged in a subsequent case.

Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris followed a plea agreement in which the parties recommended the two cases be joined and a global sentence of 12 months in prison be imposed. Chief Judge Morris ordered restitution totaling $747.

The government alleged in court documents that in 2019 and 2020, Buchholz became involved with his co-defendant, Rachel Abbott, in a fraudulent check scheme. Abbott used fake identification cards, stolen checks and check printing software and materials to create new checks with valid account numbers. Another individual would make fake identification cards for Abbott and Buchholz that contained real identities with their pictures. Buchholz then altered the payee line on valid checks to reflect himself and forged the checks for payment. Abbott was sentenced in March to 26 months in prison for conviction in the case.

After pleading guilty in the first case, the government alleged that Buchholz continued to commit wire fraud. Between January and April, Buchholz cashed or attempted to cash four additional stolen or forged checks in an account he opened in June 2021. One of the checks was written by a Jane Doe to Meals on Wheels to pay for meals for Doe’s elderly mother. Buchholz affected dozens of victims, impersonated numerous real individuals and passed hundreds of dollars in forged checks for his own personal gain. The victims suffered financial loss and face a lifetime of monitoring whether someone is using their personal information, bank accounts and all other identifying data.

Assistant U.S. Attorneys Jessica A. Betley and Jeffrey K. Starnes prosecuted the case, which was investigated by the FBI and Great Falls Police Department.

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The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:

Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on June 8 was:

Hugo Gutierrez Rodriguez, also known as Victor and as Juice, 41, of Yakima, Washington, on charges of conspiracy to possess with intent to distribute controlled substances, possession with intent to distribute controlled substances and distribution of fentanyl. If convicted of the most serious crime, Rodriguez faces a mandatory minimum 10 years to life in prison, a $10 million fine and five years of supervised release. Rodriguez was detained pending further proceedings. The FBI, Tri-Agency Task Force, Drug Enforcement Administration, Rocky Boy’s Police Department and Idaho State Police investigated the case. PACER case reference. 22-31.

Appearing on June 7 was:

Joshua James Burshia, 41, of Brockton, on charges of aggravated sexual abuse and sexual abuse of a minor. If convicted of the most serious crime, Burshia faces life in prison, a $250,000 fine and at least five years to life of supervised release. Burshia was detained pending further proceedings. The FBI and Fort Peck Law Enforcement Services investigated the case. PACER case reference. 22-39.

Aaron Ramirez Espinoza, 36, of Yakima, Washington, on charges of conspiracy to possess with intent to distribute controlled substances and possession with intent to distribute controlled substances. If convicted of the most serious crime, Espinoza faces a mandatory minimum of five years to 40 years in prison, a $5 million fine and at least four years of supervised release. Espinoza was detained pending further proceedings. The FBI and Great Falls Police Department investigated the case. PACER case reference. 22-40.

Laval John Bigleggins, 36, of Wolf Point, on charges of involuntary manslaughter. If convicted of the most serious crime, Bigleggins faces a maximum of eight years in prison, a $250,000 fine and three years of supervised release. Bigleggins was detained pending further proceedings. The FBI, Fort Peck Law Enforcement Services, Roosevelt County Sheriff’s Office and Montana Highway Patrol investigated the case. PACER case reference. 22-30.

Trevor Birdsbill, 32, of Wolf Point, on charges of aggravated sexual abuse. If convicted of the most serious crime Birdsbill faces a maximum of life in prison, a $250,000 fine and five years to life of supervised release. Birdsbill was released pending further proceedings. The FBI and Fort Peck Law Enforcement Services investigated the case. PACER case reference. 22-38.

The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.

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GREAT FALLS  — A Great Falls woman who admitted to embezzling over $600,000 from a local construction company was sentenced today to two and a half years in prison, to be followed by three years of supervised release, U.S. Attorney Jesse Laslovich said.  Additionally, the defendant was ordered to pay $611,665.22 in restitution.  Chief U.S. District Judge Brian M. Morris presided over the sentencing.

Nicole Ann Lopez, 37, previously pleaded guilty in March to wire fraud.

The government alleged in court documents that in 2013, M&D Construction hired Lopez as a bookkeeper/accountant for the business.  As part of her duties, Lopez was given access to M&D’s bank account and was given administrator permission over M&D’s Quick Books account.

Between January 2017 and January 2020, defendant Lopez charged over $600,000 on her personal credit card accounts. Her expenses focused mostly on consumer shopping and travel, and included over $80,000 on purchases from Amazon, over $115,000 on general retail purchases, over $46,000 on clothing, over $57,000 on travel, over $34,000 on restaurants, over $24,000 on beauty products, over $12,000 on furniture, and over $7,000 on plastic surgery. None of these purchases was related to M&D’s business operations.

To pay for her personal credit card expenses, Lopez embarked on a scheme to embezzle money from M&D by using her access to M&D’s bank account to direct payments from the M&D business account to her personal credit accounts without the knowledge of or authorization from M&D’s owners. Between January 2017 and January 2020, Lopez directed 72 payments from M&D to her personal credit accounts and embezzled approximately $632,362.65.

Lopez’s embezzlement scheme was discovered when she purchased a small boutique clothing store in downtown Great Falls called Sora & Co., and resigned her position at M&D. To replace her, M&D hired a new accounting firm and a review of M&D’s books determined that over $600,000 was missing. M&D’s accounting firm contacted their bank and learned that the missing funds were paid directly to Lopez’s credit card accounts

Assistant U.S. Attorney Jeffrey K. Starnes prosecuted the case, which was investigated by the Federal Bureau of Investigation.