FEDERAL DISTRICT ARCHIVE
District of Montana
Press releases recorded for this federal judicial district.
Informational: Federal Court Initial AppearanceRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on September 9, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, the following individual appeared:
JORDAN LINN GRAHAM, a 22-year-old resident of Kalispell, made an initial appearance on a complaint alleging murder in the second degree of Cody Lee Johnson. She is currently detained.
If charged with murder in the second degree, GRAHAM faces possible penalties of life in prison.
Assistant U.S. Attorney Zeno B. Baucus is the prosecutor for the United States.
The investigation was a cooperative effort between the Kalispell City Police Department, the Flathead County Coroner, the Federal Bureau of Investigation, and the National Park Service.
A complaint is merely a written statement of the essential facts constituting the offenses charged.
Vincent Lee Garner Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on August 28, 2013, before Chief U.S. District Judge Dana L. Christensen, VINCENT LEE GARNER, age 48, was sentenced to a term of:
Prison: 38 months
Special Assessment: $100
Supervised Release: 3 years
GARNER was sentenced in connection with his guilty plea to failure to register as a sexual offender.
In an Offer of Proof filed by Assistant U.S. Attorney Laura B. Weiss, the government stated it would have proved at trial the following:
From the fall of 2011 through October 2012, GARNER had traveled to Montana from out of state and failed to register as a sex offender once he arrived in Montana. GARNER was required to register as a sex offender as a result of a 1999 sex offense conviction from Oregon.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that GARNER will likely serve all of the time imposed by the court. In the federal system, GARNER does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the United States Marshals Service.
Jonathan James Henderson Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on August 28, 2013, before Chief U.S. District Judge Dana L. Christensen, JONATHAN JAMES HENDERSON, a 28-year-old resident of Great Falls, was sentenced to a term of:
Prison: 90 months
Special Assessment: $100
Supervised Release: 4 years
HENDERSON was sentenced in connection with his guilty plea to possession with the intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Bryan R. Whittaker, the government stated it would have proved at trial the following:
Between February and April of 2011, in Cascade County, HENDERSON possessed with the intent to distribute 50 grams or more of a substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that HENDERSON will likely serve all of the time imposed by the court. In the federal system, HENDERSON does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation.
Informational: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on August 30, 2013, before U.S. Magistrate Judge Jeremiah C. Lynch, the following individuals were arraigned:
STEVE HUMISTON, a 56-year-old resident of Tacoma, Washington; JOHN JOHNSON, a 57-year-old resident of Locust Grove, Virginia; SCOTT LONG, a 53-year-old resident of Portland, Oregon; and PAUL WENCEWICZ, a 47-year-old resident of Polson, appeared on charges of child exploitation enterprise and conspiracy to advertise child pornography. In addition, WENCEWICZ was also charged with obstruction of justice. They are currently detained.
If convicted of child exploitation enterprise, they each face a mandatory minimum of 20 years in prison and could be sentenced to life, a $250,000 fine, and a minimum of 5 years supervision. In addition, if convicted of conspiracy to advertise child pornography, they each face a mandatory minimum of 15 to 30 years in prison, a $250,000 fine, and a minimum of 5 years supervision. WENCEWICZ also faces 20 years in prison, a $250,000 fine, and 3 years supervised release if convicted of obstruction of justice.
Assistant U.S. Attorney Cyndee L. Peterson is the prosecutor for the United States. The investigation was a cooperative effort between the Federal Bureau of Investigation and the Bozeman Police Department.
The defendants pled not guilty to the charges.
The charges, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Michelle Renee Kindness Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on August 28, 2013, before Senior U.S. District Judge Jack D. Shanstrom, MICHELLE RENEE KINDNESS, a 48-year-old resident of Billings, was sentenced to a term of:
Prison: 98 months
Special Assessment: $100
Supervised Release: 5 years
KINDNESS was sentenced in connection with her guilty plea to conspiracy to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Lori Harper Suek, the government stated it would have proved at trial the following:
After learning that KINDNESS routinely brought methamphetamine onto the Northern Cheyenne Indian Reservation for distribution, Bureau of Indian Affairs (BIA) drug unit agents began an investigation into KINDNESS. During the investigation, the BIA received reports from the FBI indicating that KINDNESS had been involved with trafficking meth since at least 2005, and that KINDNESS had purchased and sold twelve ounces of meth during the FBI investigation. FBI agents had purchased eight 1/2 gram baggies containing meth directly from KINDNESS.
On January 9, 2007, KINDNESS was arrested on the Crow Indian Reservation. During the arrest KINDNESS had several paper bindles of meth on her person.
The BIA drug unit conducted a controlled purchase of two grams of meth directly from KINDNESS on December 20, 2010.
On November 29, 2011, agents interviewed an individual in custody on tribal charges of possession of methamphetamine. The individual told the agents that she had purchased 1/2 ounce of meth directly from KINDNESS, in October 2011, and that she saw another 1/2 ounce of meth during the deal.
On April 30, 2012, KINDNESS was arrested on the Northern Cheyenne Indian Reservation for intoxication. During a search incident to arrest, three grams of meth and $6,985 were found in KINDNESS's pants pockets.
On May 27, 2012, less than 30 days after the previous arrest, KINDNESS was arrested for DUI, which involved a head-on collision with a tractor and trailer. Once again, during a search incident to arrest, law enforcement seized 31 paper bindles of meth, 3.8 grams of loose meth in a plastic baggie, and $1,020.
On May 1, 2012, during an in-custody interview with KINDNESS, KINDNESS admitted that she had purchased and sold over one pound of meth over the past year.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that KINDNESS will likely serve all of the time imposed by the court. In the federal system, KINDNESS does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Bureau of Indian Affairs.
Michael Bearhill, Jr. Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on August 27, 2013, before Chief U.S. District Judge Dana L. Christensen, MICHAEL BEARHILL, JR., a 21-year-old resident of Wolf Point and an enrolled member of a federally-recognized tribe, was sentenced to a term of:
Prison: 40 months
Special Assessment: $100
Supervised Release: 3 years
BEARHILL was sentenced in connection with his guilty plea to robbery.
In an Offer of Proof filed by Assistant U.S. Attorney Laura B. Weiss, the government stated it would have proved at trial the following:
In the early hours of February 2, 2013, BEARHILL entered a convenience store in Wolf Point, which is within the exterior boundaries of the Fort Peck Indian Reservation, and pointed what appeared to be a gun at two employees behind the counter. He forced them to open the till while he continued to point the gun at an employee. An employee described the robber as having a blank stare, and she realized he was serious. He removed over $300 from the till and fled. He was later identified on video by other employees as BEARHILL.
When questioned, BEARHILL admitted to going into the convenience store, pulling a gun out of his coat, and telling the employees he wanted money.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that BEARHILL will likely serve all of the time imposed by the court. In the federal system, BEARHILL does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Fort Peck Tribes Criminal Investigation Division.
Joseph Michael Velk Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on August 27, 2013, before Chief U.S. District Judge Dana L. Christensen, JOSEPH MICHAEL VELK, a 24-year-old resident of Havre, was sentenced to a term of:
Prison: 8 months
Special Assessment: $100
Forfeiture: rifle
Supervised Release: 3 years
VELK was sentenced in connection with his guilty plea to being a felon-in-possession of a firearm and ammunition.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica A. Betley, the government stated it would have proved at trial the following:
On January 14, 2011, VELK was sentenced for felony burglary and felony criminal possession of dangerous drugs in the Twelfth Judicial District Court in Hill County and therefore prohibited from possessing firearms or ammunition.
On August 16, 2011, a Hill County Deputy was on patrol in an area of the county which had experienced recent break-ins. Around 3:39 a.m., the deputy observed a pickup in the same area. The deputy stopped the pickup for a traffic violation. The deputy identified the driver of the truck as VELK. The deputy also could see empty alcohol containers, a full Bud Light can, a large spotlight, and a dead rabbit in the truck. He also saw a rifle tucked between the driver's seat and driver's side door.
Later that same morning, law enforcement searched the pickup. During the search, the officers located a Henry Repeating Arms .22 Rifle, as well as an open box of Remington .22 shells. The officers found the shells by the clutch between the driver's seat and passenger seat. The rifle was still between the driver's seat and driver's side door.
When questioned, VELK admitted to possessing the Henry Repeating Arms .22 long rifle Lever Action and a box of Remington .22 shells.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that VELK will likely serve all of the time imposed by the court. In the federal system, VELK does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Havre Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Christopher Cleveland Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on August 28, 2013, before Senior U.S. District Judge Jack D. Shanstrom, CHRISTOPHER CLEVELAND, a 34-year-old resident of Billings, appeared for sentencing. CLEVELAND was sentenced to a term of:
Prison: 72 months
Special Assessment: $100
Supervised Release: 5 years
CLEVELAND was sentenced in connection with his guilty plea to conspiracy to possess with intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Marcia K. Hurd, the government stated it would have proved at trial the following:
CLEVELAND came to the attention of law enforcement officers as part of the large drug case. CLEVELAND was identified as a person who purchased large amounts of methamphetamine from Las Vegas on behalf of supplier Howard Bonifant in Billings to distribute to his distributor network here. Other witnesses identified CLEVELAND as a distribution source from Bonifant. At first, CLEVELAND received the methamphetamine from Sheila Coffman, who received it directly from the Vegas source beginning in January 2010. Later in 2010 Coffman got out of the ring and introduced CLEVELAND to the Vegas sources and he then began getting it directly from Johnathan Balbin, Antonio Taylor, and Justin Fultz. CLEVELAND received significantly more than several pounds from each of the suppliers during the time he was involved. His involvement ended in November of 2010 when Taylor was arrested in Billings.
When questioned, CLEVELAND admitted his role within the conspiracy but noted that he had discontinued his involvement and had been clean for the last several years.
Bonifant, Coffman, Balbin, Taylor and Fultz pled guilty to federal charges and have been sentenced.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that CLEVELAND will likely serve all of the time imposed by the court. In the federal system, CLEVELAND does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Billings Big Sky Safe Streets Task Force, the Billings Police Department, and the Federal Bureau of Investigation.
Wilma Jamie Rae Hoyt Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on August 27, 2013, before Chief U.S. District Judge Dana L. Christensen, WILMA JAMIE RAE HOYT, a 29-year-old resident of Browning, was sentenced to a term of:
Prison: 60 months
Special Assessment: $100
Supervised Release: 4 years
HOYT was sentenced in connection with her guilty plea to conspiracy to possess with the intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Ryan G. Weldon, the government stated it would have proved at trial the following:
On February 23, 2012, "X.X." and HOYT were arrested in Browning. X.X. was arrested because he had a state warrant out for his arrest. HOYT was arrested for a federal warrant because she violated conditions of her supervised release. At the time of the arrest, law enforcement collected $600 in U.S. currency from X.X. The money was claimed to be from X.X.'s "tax return."
When interviewed, HOYT stated that she first became romantically involved with X.X. in approximately 2009 or 2010. Both X.X. and HOYT were initially "clean," but X.X. lost his job, and they were in need of money to maintain their household and take care of their children. HOYT admitted that is when they began selling methamphetamine for income.
In approximately February or March of 2011, HOYT admitted that individuals approached her and X.X., requesting that they sell methamphetamine. X.X. and HOYT complied with such a request, and this relationship lasted until January of 2012. X.X. and HOYT would receive three grams of methamphetamine at a time. HOYT estimated that she received methamphetamine, to sell, every week, and the longest without receiving drugs was three weeks.
HOYT explained that, after selling for awhile, she met another methamphetamine dealer, who provided her and X.X. with a higher-quality methamphetamine. This new dealer initially provided them with a "weighed out gram" of methamphetamine, which they would break down and sell. However, as the relationship grew, so did the amounts that the new distributor provided. For example, the new distributor eventually provided HOYT and X.X. with a "weighed out eight ball." In total, HOYT stated that the new distributor provided them a "weighed out gram" on six occasions and a "weighed out eight ball" on three occasions.
Law enforcement interviewed X.X. the day after interviewing HOYT. X.X. also admitted that he began selling methamphetamine, and stated that such sales began from late December 2010, until approximately June 2011. X.X. provided specifics as to amounts sold and prices paid to the distributors.
The FBI interviewed various "customers" of HOYT and X.X.. These individuals confirmed that HOYT and X.X. sold methamphetamine, and the amounts of the conspiracy involved more than 50 grams of a substance containing a detectable amount of methamphetamine.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that HOYT will likely serve all of the time imposed by the court. In the federal system, HOYT does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation.
Informational: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on August 27, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individuals were arraigned:
FRED THEODORE BISHOP, a 59-year-old resident of Lodge Grass, appeared on charges of assault with a dangerous weapon and assault resulting in serious bodily injury. He is currently detained. If convicted of these charges, BISHOP faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release on each charge. Assistant U.S. Attorney Lori Harper Suek is the prosecutor for the United States. The investigation was conducted by the Bureau of Indian Affairs.
DEREK DEFOREST RHINEHART, a 31-year-old resident of Billings, appeared on charges of conspiracy to possess with the intent to distribute methamphetamine and possession with the intent to distribute methamphetamine. He is currently detained. If convicted of these charges, RHINEHART faces possible penalties of a mandatory minimum of 10 years in prison and could be sentenced to life, a $10,000,000 fine, and 5 years supervised release. Assistant U.S. Attorney Joseph E. Thaggard is the prosecutor for the United States. The investigation was conducted by the City-County Special Investigations Unit.
The defendants pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Informational: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on August 27, 2013, before U.S. Magistrate Judge Keith Strong, the following individuals were arraigned:
KERMIT "CASH" MORSETTE, a 32-year-old resident of Box Elder, appeared on a charge of aggravated sexual abuse/aiding and abetting. He is currently detained on special conditions. If convicted of this charge, MORSETTE faces possible penalties of life in prison, a $250,000 fine, and 5 years supervised release. Assistant U.S. Attorney Danna R. Jackson is the prosecutor for the United States. The investigation was conducted by the Federal Bureau of Investigation.
IRAN MICHAEL KESSELMAN, a resident of Philadelphia, Pennsylvania, appeared on a charge of conspiracy to possess with the intent to distribute methamphetamine. He is currently detained. If convicted of this charge, KESSELMAN faces possible penalties of 20 years in prison, a $1,000,000 fine, and 3 years supervised release. Assistant U.S. Attorney Paulette L. Stewart is the prosecutor for the United States.
The defendants pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Gerald Christopher Calf Boss Ribs Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on August 27, 2013, before U.S. Magistrate Judge Keith Strong, GERALD CHRISTOPHER CALF BOSS RIBS, a 30-year-old resident of Browning and an enrolled member of the Blackfeet Tribe, pled guilty to assault resulting in serious bodily injury. Sentencing has been set for December 12, 2013. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Ryan G. Weldon, the government stated it would have proved at trial the following:
On August 23, 2011, at approximately 1:30 a.m., the victim and a witness were sitting on a ledge near the Town Pump in Browning. CALF BOSS RIBS approached the victim and hit him in the face.
CALF BOSS RIBS repeatedly hit the victim in the face, arms, and body. The victim stated that while he was defending himself, he had his hands raised and CALF BOSS RIBS bit one of his fingers and broke two others. The victim stated that he was knocked unconscious for a short period of time. After waking up, he started crawling until he could walk. Once able to walk, he walked to the hospital for treatment.
The witness explained to law enforcement that he was with the victim during the assault. The witness stated that CALF BOSS RIBS came out of nowhere and hit the victim. The witness left the scene because he did not want to be attacked by CALF BOSS RIBS.
When interviewed, CALF BOSS RIBS stated that he had met up with the victim earlier and that CALF BOSS RIBS had walked into an alley where he encountered "X.X." and several of "X.X.'s" friends. CALF BOSS RIBS stated that "X.X." "jumped" him. As CALF BOSS RIBS was being attacked, the victim stood by and watched, without helping. CALF BOSS RIBS advised that he was angry when the victim did not assist him as he was being attacked. CALF BOSS RIBS eventually left the beating and began to panhandle for more beer money. CALF BOSS RIBS then admitted that he met up with the victim later and "clocked" him in the head.
When at the hospital, the victim described his pain as a ten out of ten, with ten being the worst. After receiving a CT Scan, the victim was found to have fractures in his lateral orbital wall and his cheek bone. The plastic surgeon who treated the victim performed surgery on the victim four days after the assault. The surgeon described the injuries as "one of the most severe facial fractures" she had seen. All of the bones in the upper left side of the face were broken.
The assault occurred within the exterior boundaries of the Blackfeet Indian Reservation.
CALF BOSS RIBS faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was conducted by the Federal Bureau of Investigation.
Steven William Carpenter, Suzette Gulyas Gal, and Andras Zoltan Gal Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on August 26, 2013, before U.S. District Judge Sam E. Haddon, STEVEN WILLIAM CARPENTER, age 56, SUZETTE GULYAS GAL, age 55, and ANDRAS ZOLTAN GAL, age 22, residents of California, were sentenced as follows.
STEVEN WILLIAM CARPENTER was sentenced to a term of:
Prison: 188 months
Special Assessment: $300
Restitution: $675,406.62
Supervised Release: 3 years
ANDRAS ZOLTAN GAL was sentenced to a term of:
Prison: 72 months
Special Assessment: $300
Restitution: $675,406.62
Supervised Release: 2 years
SUZETTE GULYAS GAL was sentenced to a term of:
Prison: 120 months
Special Assessment: $300
Restitution: $675,406.62
Supervised Release: 3 years
STEVEN WILLIAM CARPENTER, SUZETTE GULYAS GAL, and ANDRAS ZOLTAN GAL were found guilty of the following:
Count I: Conspiracy to Commit Fraud
Count II: Investment Fraud and Wire Fraud
Count III: Investment Fraud and Wire Fraud
In addition, SUZETTE GAL was sentenced to 6 months prison, to run concurrently, after having been found guilty at a second trial of contempt of court.
At trial, the following evidence and testimony was presented to the jury.
The above-named defendants worked together to solicit funds from the elderly, the infirm, and the gullible by persuading these individuals to invest in fraudulent and fictitious oil and gas investment opportunities on the Fort Peck Indian Reservation.
While the defendants initially obtained legitimate oil and gas leases on the Fort Peck Indian Reservation, those rights were terminated on October 5, 2007, for failure to make the required lease payments. Moreover, the defendants never made any legitimate payment to establish or further an oil or gas venture on the Fort Peck Indian Reservation.
Despite all of the above, the defendants bilked investors into paying well in excess of half a million dollars in a non-existent venture. The case involved over fifty victims, most of whom struggled to make ends meet even before losing money to the fraud. All while the victims suffered, the defendants enjoyed a life of luxury, took extravagant vacations, and basked in the fruits of their fraud.
Today's sentencings of Steven Carpenter, Suzette Gal, and Andras Gal sends an important message to professional telemarketers who prey on the country's elderly, desperate, and gullible. The only way to stem the tide of these predators is to let them know that when they are caught the consequences will be significant. The United States Attorney's Office will continue every effort and enlist every resource to identify and prosecute those who enrich themselves by defrauding others. This investigation, which involved hundreds of man hours of undercover operations, surveillance, forensic document examination, and witness interviews, was a near perfect cooperative effort between the Federal Bureau of Investigation and the Department of Interior's Office of Inspector General. Rarely do we see such seamless and effective coordination of agency efforts. I want to commend the excellent work done by our trial lawyers, AUSAs Carl Rostad and Ryan Weldon who tried the case on behalf of the United States, and investigators who conducted an extraordinary investigation." U.S. Attorney Michael W. Cotter.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that they will likely serve all of the time imposed by the court. In the federal system, they do have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by a team of agents and auditors working with the U.S. Attorney's Guardians Project, including the Office of Inspector General for the Department of Interior and the Federal Bureau of Investigation.
Sam Vernon Windy Boy, Jr. Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on August 16, 2013, before Chief U.S. District Judge Dana L. Christensen, SAM VERNON WINDY BOY, JR., a 68-year-old resident of Box Elder and an enrolled member of a federally recognized tribe, was sentenced to a term of:
- Prison: 63 months
- Special Assessment: $100.00
- Supervised Release: 10 years
WINDY BOY was sentenced in connection with his guilty plea to abusive sexual contact.
In an Offer of Proof filed by Assistant U.S. Attorney Laura B. Weiss, the government stated it would have proved at trial the following:
In August of 2012, WINDY BOY was in his home alone with the 9-year-old victim. WINDY BOY approached the victim in the living room/kitchen area and made sexual contact.
The offense occurred within the exterior boundaries of the Rocky Boy's Indian Reservation.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that WINDY BOY will likely serve all of the time imposed by the court. In the federal system, WINDY BOY does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation.
Oney Joseph Baker Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on August 16, 2013, before Chief U.S. District Judge Dana L. Christensen, ONEY JOSEPH BAKER, a 39-year-old resident of Great Falls, was sentenced to a term of:
- Prison: 210 months
- Special Assessment: $100.00
- Supervised Release: 5 years
BAKER was sentenced in connection with his guilty plea to being a felon-in-possession of firearms and an armed career criminal.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica A. Betley, the government stated it would have proved at trial the following:
On August 17, 1999, BAKER was sentenced in U.S. District Court to 51 months imprisonment after a jury found him guilty of conspiracy to distribute a controlled substance, possession with intent to distribute a controlled substance, and distribution of a controlled substance. The sentence of imprisonment was to be followed by three years of supervised release, wherein the court ordered BAKER to not own or possess a firearm.
On October 30, 2002, the Montana Eight Judicial District Court in Cascade County sentenced BAKER for the crime of felony criminal possession of dangerous drugs. Specifically, the court sentenced BAKER to three years to the Department of Corrections, and ordered Baker to not own, possess, or be in control of any firearms or deadly weapons.
On April 27, 2007, the Montana Eighth Judicial District Court in Cascade County sentenced BAKER for three felony convictions: assault with a weapon, theft, and robbery. The three convictions were from different cases, however, they were resolved in one global plea agreement and sentencing. The court sentenced BAKER to ten years imprisonment at the Montana State Prison. It also specifically ordered that he "shall not own, possess, or be in control of any firearms or deadly weapons."
On July 8, 2012, around 3:09 pm, Great Falls police officers were dispatched to Bobo's Casino for a report of an armed robbery. Officers arrived at Bobo's and spoke with an employee of the casino. The employee said she had been throwing trash away when a man entered the casino through the east side door. She turned toward the man and he pointed a small black handgun at her head. The man, described as a Native American male, approximately 5'9" and 160 pounds, yelled, "give me the money, bitch!" The employee emptied the money in her apron, which contained approximately $300 to $400 dollars in cash. The man became upset and said, "that's, not all there is, bitch!" The employee opened the cash register. The register contained only loose change and the man tossed the register in anger once he saw it did not contain any cash. He ran out of the same east side door, got into a green minivan, and drove off at a high rate of speed.
The manager of Bobo's Casino arrived shortly thereafter and pulled up the surveillance video of the time of the robbery. Officers observed that the robbery took place exactly as the employee had described. Detectives then began to investigate the robbery, and numerous tips were called in to the police department.
The next day a concerned citizen called the police and stated there was a suspicious green minivan parked on the street that he had not seen the previous evening. Officers responded to the report of the suspicious car. They believed the parked minivan matched the description of the minivan used in the robbery. After again viewing the surveillance video, the officers found the minivan in the video was clearly the minivan parked on the street.
Numerous other tips continued to be reported. The tips and further investigation indicated that BAKER had robbed the casino.
On July 18, 2012, law enforcement observed BAKER leave a house carrying a dark colored piece of rolling luggage and a blue duffel bag. BAKER was with two other individuals. Law enforcement began to follow the car once BAKER drove away. At one point, BAKER tried to conceal the car by driving into an alley. A Deputy U.S. Marshal turned on his top lights and siren to initiate a traffic stop and the car immediately fled at a high rate of speed through neighborhood streets.
The car stopped at an apartment complex and all three people fled on foot. Police caught the other individuals, but BAKER had fled through the neighborhoods. Law enforcement yelled at BAKER to stop running and he refused to stop. BAKER dropped the duffel bag near a garage as he ran. A neighbor recovered the duffel bag and provided it to police. Three detectives finally apprehended BAKER who had to be held down by all three men.
Detectives searched the duffel bag they recovered from BAKER, as well as the vehicle. The detectives recovered a Lorcin, model L380, .380 caliber semi-automatic pistol from the front passenger seat floorboard. This pistol had been in BAKER's possession, and it contained seven rounds of .380 caliber ammunition, including one round that was in the chamber. A search of the duffel bag revealed a fully loaded Mossberg, model 500A, 12 gauge pump action shotgun. Law enforcement seized five rounds of 12 gauge ammunition from the shotgun. Detectives also found 25 rounds of 20 gauge ammunition and 18 rounds of .380 caliber ammunition in the duffel bag.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that BAKER will likely serve all of the time imposed by the court. In the federal system, BAKER does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Great Falls Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Joscayne Denny Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on August 16, 2013, before Chief U.S. District Judge Dana L. Christensen, JOSCAYNE DENNY, a 33-year-old resident of Box Elder, was sentenced to a term of:
- Prison: 20 months
- Special Assessment: $200.00
- Supervised Release: 3 years
DENNY was sentenced in connection with his guilty plea to distribution of a controlled substance.
In an Offer of Proof filed by Assistant U.S. Attorney Danna R. Jackson, the government stated it would have proved at trial the following:
On March 30, 2012, DENNY knowingly gave two girls methamphetamine. Both girls smoked the methamphetamine out of a broken lightbulb. One girl was taken to the Northern Montana Hospital shortly after she ingested the methamphetamine. A toxicology report showed amphetamine was in her system.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that DENNY will likely serve all of the time imposed by the court. In the federal system, DENNY does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation.
David Ronald Evans, Sr. Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on August 16, 2013, before Chief U.S. District Judge Dana L. Christensen, DAVID RONALD EVANS, SR., age 54, was sentenced to a term of:
- Prison: 6 months
- Special Assessment: $100.00
- Supervised Release: 3 years
EVANS was sentenced in connection with his guilty plea to being a felon-in-possession of a firearm.
In an Offer of Proof filed by Assistant U.S. Attorney Laura B. Weiss, the government stated it would have proved at trial the following:
On May 24, 1994, EVANS received a felony conviction and was therefore prohibited from possessing firearms.
On October 1, 2011, EVANS was pulled over near Glasgow for suspected drunk driving. During his interaction with law enforcement, EVANS admitted he had a firearm and removed it from his person. The firearm was a Walther/Smith & Wesson, model PK380, .380 caliber semi-automatic pistol. The firearm had been transported from one state to another.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that EVANS will likely serve all of the time imposed by the court. In the federal system, EVANS does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Theodore Edward Whitford, Jr. Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on August 15, 2013, before Chief U.S. District Judge Dana L. Christensen, THEODORE EDWARD WHITFORD, JR., a 27-year-old resident of Box Elder and an enrolled member of the federally recognized Chippewa Cree Indian Tribe, was sentenced to a term of:
- Prison: 20 months
- Special Assessment: $100.00
- Supervised Release: 3 years
WHITFORD was sentenced in connection with his guilty plea to assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorney Danna R. Jackson, the government stated it would have proved at trial the following:
On April 8, 2011, WHITFORD turned the vehicle he was driving west into the Northern Winz Casino parking lot and was struck by another vehicle traveling north on Highway 87. This vehicle had the right-of-way.
A toxicology report indicated that WHITFORD had a BAC of .265 and screened positive for both opiates and THC. The crash occurred within the exterior boundaries of the Rocky Boy's Indian Reservation.
As a result of the crash, a passenger in the other vehicle was seriously injured. The passenger was diagnosed with a hip fracture and required hospitalization.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that WHITFORD will likely serve all of the time imposed by the court. In the federal system, WHITFORD does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Federal Bureau of Investigation, Hill County Sheriff's Office, and the Rocky Boy's Police Department.
Mark Edwin Abresch Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on August 16, 2013, before U.S. District Judge Dana L. Christensen, MARK EDWIN ABRESCH, a 54-year-old resident of Great Falls, was sentenced to a term of:
- Prison: 72 months
- Special Assessment: $100.00
- Supervised Release: 5 years
ABRESCH was sentenced in connection with his guilty plea to conspiracy to possess with the intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica A. Betley, the government stated it would have proved at trial the following:
During January 2012, law enforcement was alerted to a methamphetamine distribution ring from Washington state to Great Falls.
In June 2012, detectives learned that ABRESCH made repeated trips from Great Falls to Washington to obtain methamphetamine to re-sell in Great Falls.
On June 29, 2012, a CI (confidential informant) informed the drug task force that ABRESCH was returning to Great Falls from Washington with methamphetamine. The task force arranged for a controlled drug buy from ABRESCH in Great Falls. The CI purchased methamphetamine. The CI then continued to make numerous controlled drug buys from ABRESCH over the next few days.
Law enforcement located ABRESCH's car in early July 2012 and the task force tracked his car from Great Falls to Spokane, Washington. The car stayed in Spokane for less than two hours before returning to Great Falls. Law enforcement initiated a traffic stop of the car just outside of Great Falls and they obtained two ounces of methamphetamine from ABRESCH. He then told law enforcement he had traveled to Spokane to buy methamphetamine from "Bert." He had been supplied by Bert, who was identified as Robert Boucher, since February or March 2012. In total, ABRESCH believed he had obtained and distributed approximately ten ounces of methamphetamine that he received from Boucher.
ABRESCH told law enforcement that Boucher provided him with a GPS system in order for him to find Boucher's house in Spokane. Once ABRESCH obtained the methamphetamine from Boucher, he would sell the methamphetamine by the gram for $100 around Great Falls. Boucher sold the methamphetamine to ABRESCH for $1,400 per ounce.
ABRESCH and Boucher also dealt methamphetamine with Ron Leeson and Tammy Lapie from Lapie's house in Great Falls. The methamphetamine dealing continued into the fall of 2012.
Robert Boucher, Ron Leeson, and Tammy Lapie pled guilty to federal charges.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that ABRESCH will likely serve all of the time imposed by the court. In the federal system, ABRESCH does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the High Intensity Drug Trafficking Area (HIDTA) Task Force - Russell County Drug Task Force.
Louis Michael Healy Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on August 15, 2013, before Chief U.S. District Judge Dana L. Christensen, LOUIS MICHAEL HEALY, a 40-year-old resident of Hays and an enrolled member of the Fort Belknap Tribes, was sentenced to a term of:
- Prison: 327 months
- Special Assessment: $300.00
- Supervised Release: 20 years
HEALY was sentenced after a federal district court trial in which he was found guilty of assault resulting in serious bodily injury, aggravated sexual abuse, and abusive sexual contact.
At trial, the following evidence and testimony was presented to the jury.
On October 13, 2012, the victim drove HEALY to the store where he bought several black cans of Smirnoff. After leaving the store, the victim drank a little from a can, and HEALY drank one can very quickly. They drove to a hill where HEALY drank two or three more cans of Smirnoff. The victim drank an additional can. HEALY then asked the victim to marry him. The victim replied that she would not marry HEALY unless he could prove he had ceased speaking with his ex-girlfriend.
HEALY and the victim returned to his home on the Fort Belknap Indian Reservation. They turned on HEALY's computer and the victim read e-mails that indicated HEALY was still speaking with his ex-girlfriend. The victim was sitting in a rolling computer chair. She became upset and HEALY grabbed her neck with his right hand and pushed her across the floor in the chair. Due to the force of the push, she crashed and hit her head. When she awoke, HEALY had his hand on her throat applying pressure. He then walked to the kitchen and grabbed a knife. HEALY stood over the victim, placed the knife to her throat, and told her to get up.
The victim began to cry, her throat hurt, and HEALY told her to get into the bedroom. He instructed her to lie down and said, "if you don't stop **** crying, you know what you're going to get and we both aren't coming out of the room, so stop **** crying." At that point, the victim believed HEALY was going to kill her. The victim continued to complain that her throat hurt so HEALY went to the kitchen where he returned with water and a popsicle. She then began to vomit due to the drinking or strangulation she had experienced. According to the victim, she spoke with HEALY for a little bit while sitting on the bed until HEALY grabbed her and sexually assaulted her while she continued to tell him to stop. HEALY then told the victim to get back on the computer and instructed her to tell his ex-girlfriend that the victim was going to leave her alone.
HEALY went to the bathroom after this instruction. The victim decided this was her chance to escape and she ran out of the house to the next door neighbor's home. HEALY realized the victim had run away and he chased after her, but she got inside the neighbor's home safely.
The neighbors testified that they had awoken at approximately 4:00 a.m. to someone pounding on the door. The victim was at the door very upset and trying to get inside. The victim was crying and saying her boyfriend was trying to kill her. He had held a knife to her throat and she said, "he's going to kill me."
When law enforcement arrived at HEALY's home, HEALY was walking and carrying two black bags. HEALY was ordered to stop and HEALY turned around and yelled, "**** you." The police ordered HEALY to the ground and pepper sprayed him in an effort to subdue him.
An ambulance arrived and transported the victim to the hospital where a nurse immediately assessed that the victim had trouble swallowing due to strangulation. The nurse noted the left side of the victim's throat had a few areas of linear petechial, which is bruising around the throat. She applied ice and the victim told the nurse she was sexually assaulted and strangled. The hospital also performed a sexual assault examination. The victim ended up returning to the hospital a few days later due to continued throat pain and inability to swallow.
Assistant U.S. Attorney Jessica A. Betley prosecuted the case for the United States.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that HEALY will likely serve all of the time imposed by the court. In the federal system, HEALY does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation.
Jourden St. Marks Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on August 15, 2013, before Chief U.S. District Judge Dana L. Christensen, JOURDEN ST. MARKS, a 23-year-old resident of the Rocky Boy's Reservation and an enrolled member of the federally recognized Chippewa Cree Indian Tribe, was sentenced to a term of:
- Prison: 33 months
- Special Assessment: $100.00
- Supervised Release: 3 years
ST. MARKS was sentenced in connection with his guilty plea to assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorney Danna R. Jackson, the government stated it would have proved at trial the following:
On January 1, 2013, ST. MARKS caused the victim, a 1-month old baby at the time, to incur serious injuries. ST. MARKS admitted that after trying to soothe the baby, he became frustrated with her and threw the baby at the end of the bed. According to ST. MARKS, the baby bounced off the pillows at the end of the bed and landed on the linoleum. The incident occurred within the exterior boundaries of the Rocky Boy's Indian Reservation.
As a result, the baby was transported to Northern Montana Hospital and then transported by Mercy transport to the pediatrics unit at Benefis Hospital in Great Falls. The infant suffered severe swelling to the face, her eyes were swollen and she had petchia on the eyes, around her nose, and inner portion of her ear. She had substantial bruising to the face, from the top of her sternum down to her belly button, on the right side of her rib cage. The infant's gums, tongue, and inner cheeks of her mouth were bruised. There was dried blood inside her mouth. A CT scan showed that her brain had bled. Her fingernails were bluish in color, indicating a lack of oxygenation.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that ST. MARKS will likely serve all of the time imposed by the court. In the federal system, ST. MARKS does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation.
Dale Drew Old Horn, Allen Joseph Old Horn, and Shawn Talking Eagle Danforth Found Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that on August 16, 2013, in Billings, after a federal district court trial before U.S. District Judge Sam E. Haddon, DALE DREW OLD HORN, a 68-year-old resident of Crow Agency, was found guilty of conspiracy to defraud the Crow Tribe, corrupt diversion of tribal revenues, theft from an organization receiving federal funding, and theft from an Indian Tribal Organization. ALLEN JOSEPH OLD HORN, a 40-year-old resident of Crow Agency, was found guilty of conspiracy to defraud the Crow Tribe, corrupt diversion of tribal revenues, theft from an organization receiving federal funding, theft from an Indian Tribal Organization, extortion involving a federally funded program, and federal income tax fraud. SHAWN TALKING EAGLE DANFORTH, a 37-year-old resident of Billings, was found guilty of conspiracy to defraud the Crow Tribe, corrupt diversion of tribal revenues, theft from an organization receiving federal funding, and theft from an Indian Tribal Organization. Sentencing for all of the defendants is set for December 10, 2013. Each defendant is currently released on special conditions.
Assistant U.S. Attorney Carl E. Rostad prosecuted the case for the United States.
Each defendant faces possible penalties of up to 20 years in prison, up to a $250,000 fine and 3 years supervised release.
The investigation was conducted by a team of agents and auditors working with
U.S. Attorney's Guardians Project, including the Office of Inspector General for the Department of Interior, the Federal Bureau of Investigation, and the Criminal
Investigation Division of the Internal Revenue Service.
Christopher Pete Torres, Jr. Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on August 15, 2013, before Chief U.S. District Judge Dana L. Christensen, CHRISTOPHER PETE TORRES, JR., a 37-year-old resident of Havre, was sentenced to a term of:
- Prison: 54 months
- Special Assessment: $100.00
- Supervised Release: 5 years
TORRES was sentenced in connection with his guilty plea to possession with intent to distribute cocaine.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica A. Betley, the government stated it would have proved at trial the following:
On February 14, 2012, a Havre police officer stopped TORRES' truck for speeding. As the officer approached the truck, he noticed TORRES was digging around the passenger seat and appeared to be moving something around. TORRES was the only person in the vehicle. When the officer got to the front driver's window, TORRES was shaking and smoking a cigarette. He would not make eye contact and he spoke in a nervous tone. The officer asked TORRES to step out of the truck while they waited for a K-9 unit to arrive. TORRES told the officer he had marijuana in the truck. He then added there were other drugs, as well as a handgun in the truck. Specifically, TORRES said there were a couple eight-balls of methamphetamine and cocaine.
The DEA lab analyzed the methamphetamine and cocaine. The lab concluded the methamphetamine was approximately 99% pure and contained 9.6 grams of actual (pure) methamphetamine. There was a net weight of 13.2 grams of cocaine, with 4.2 grams of actual cocaine.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that TORRES will likely serve all of the time imposed by the court. In the federal system, TORRES does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Havre Police Department and the Tri-County Drug Task Force.
Yvonne Owens-Morris Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on August 8, 2013, before Chief U.S. District Judge Dana L. Christensen, YVONNE OWENS-MORRIS, a 48-year-old resident of Hungry Horse, was sentenced to a term of:
Prison: 8 months
Special Assessment: $100
Restitution: $82,587.82
Supervised Release: 3 years
OWENS-MORRIS was sentenced in connection with her guilty plea to theft of government money.
In an Offer of Proof filed by Assistant U.S. Attorney Chad C. Spraker, the government stated it would have proved at trial the following:
On May 8, 2008, OWENS-MORRIS applied for Supplemental Security Income (SSI) benefits in Kalispell. During the application, OWENS-MORRIS was asked whether she had sold, transferred title, disposed of or given away any money or other property in the past three years. OWENS-MORRIS was also asked about any income she received or expected to receive beginning April 2008.
According to her application, OWENS-MORRIS received $300 a month from her sister from April 2008 to May 2008 and $300 a month on a continuing basis from her parents. Aside from food stamps, two vehicles valued together at $4,500, and a bank account containing $100, OWENS-MORRIS indicated that she had no other financial resources. OWENS-MORRIS declared under penalty of perjury that the information she provided was true.
SSA conducted eligibility reviews with OWENS-MORRIS on September 21, 2009; October 26, 2009; and December 8, 2009. On each occasion OWENS-MORRIS reported owning assets valued at less than $9,000 and monthly income of $600 or less.
OWENS-MORRIS in fact owned assets and received income that made her ineligible to receive SSI. A year prior to applying for SSI, on May 11, 2007, OWENS-MORRIS deeded to her sister a property in Kalispell known as the Dumas Walker Cowboy Bar. Her sister later signed a power of attorney permitting OWENS-MORRIS to make real estate transactions concerning the property, and on January 14, 2008, OWENS-MORRIS, acting under the power of attorney, sold the property for $200,000. From January 2008 to June 2008, her sister sent OWENS-MORRIS approximately $87,000.
On March 22, 2008, OWENS-MORRIS fell and suffered a back injury on her mother-in-law's property. OWENS-MORRIS settled with her mother-in-law's home owner's insurance. On July 22, 2008, she received a $101,000 check.
From July 2008 to June 2009, OWENS-MORRIS held a UBS investment account. In July 2008, the account held a total of $2,666.
On October 18, 2008, OWENS-MORRIS's mother died. On April 16, 2009, OWENS-MORRIS, as her mother's court appointed representative, deeded a property in Refugio, Texas from her mother to herself and her father. County tax records value the property at $47,170.
In total OWENS-MORRIS received $24,622.04 in SSI benefits to which she was not entitled. Under an agreement between SSA and the State of Montana, whenever an applicant qualifies for SSI, that applicant is also eligible to receive Medicaid benefits. From April 2008 and continuing into 2011, Montana Medicaid paid out in excess of $40,000 in benefits to OWENS-MORRIS's medical providers to which OWENS-MORRIS was not entitled.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that OWENS-MORRIS will likely serve all of the time imposed by the court. In the federal system, OWENS-MORRIS does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Social Security Administration - Office of Inspector General.
William Forrest Paul Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on August 8, 2013, before Chief U.S. District Judge Dana L. Christensen, WILLIAM FORREST PAUL, a 29-year-old resident of Butte, was sentenced to a term of:
Prison: 120 months
Special Assessment: $100
Supervised Release: 5 years
PAUL was sentenced in connection with his guilty plea to conspiracy to distribute 500 or more grams of methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Timothy J. Racicot, the government stated it would have proved at trial the following:
Since November 2010, agents from Homeland Security Investigations and the Butte Silver Bow Law Enforcement Agency have been investigating the distribution of methamphetamine in and around Butte by PAUL and others, including Gary Sheffield, Julie White, Angella Parker, Michael Young, and Paul Tizio.
On January 5, 2011, based on information obtained during that investigation, law enforcement officers searched Sheffield's car and the Sheffield/White residence in Butte. From the house they seized baggies of meth, surveillance cameras, drug paraphernalia, and a Fed-Ex receipt with Parker's name on it. The officers found more meth in Sheffield's possession during a search of his person and his car outside a nearby casino.
Also on January 5, 2011, before the search of Sheffield and White's residence, Parker was stopped for a traffic violation and admitted to having just purchased an "8-ball" of meth from Sheffield. She also admitted that during the course of the conspiracy she had received packages of methamphetamine from Tizio in Arizona that were intended for Sheffield and had shipped money to Arizona as payment for the drugs.
Following the events of January 5, 2011, law enforcement officers conducted interviews of various witnesses and learned that Tizio was obtaining methamphetamine in Arizona and shipping or otherwise arranging for the transportation of the drugs to Butte. In order to pay for the meth, money was shipped back to Tizio in Arizona, delivered to him in person, or deposited into his bank account. PAUL's role in the conspiracy was two-fold. He assisted in the transportation of methamphetamine and money between Arizona and Butte, and he also distributed quantities of methamphetamine in and around Butte that he and Sheffield had received from Tizio in Arizona. Among the records that law enforcement obtained during the investigation was a FedEx airbill documenting PAUL's shipment of a package to Tizio on November 18, 2010.
Gary Sheffield, Julie White, Angella Parker, Michael Young, and Paul Tizio pled guilty to federal charges and have been sentenced.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that PAUL will likely serve all of the time imposed by the court. In the federal system, PAUL does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between Homeland Security Investigations, the Butte-Silver Bow Law Enforcement Agency and the Silver Bow County Sheriff's Office.
Ronald Jay Miller Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on August 9, 2013, before Chief U.S. District Judge Dana L. Christensen, RONALD JAY MILLER, a 56-year-old resident of Helena, was sentenced to a term of:
Prison: 120 months, consecutive to another sentence
Special Assessment: $100
Forfeiture: computer and firearms
Supervised Release: 20 years
MILLER was sentenced in connection with his guilty plea to access with the intent to view child pornography.
In an Offer of Proof filed by Assistant U.S. Attorney Paulette L. Stewart, the government stated it would have proved at trial the following:
From approximately 2011 until October 18, 2012, MILLER accessed visual depictions of children engaged in sexually explicit conduct on his computer.
Montana Probation and Parole conducted a probation search of MILLER's residence on October 18, 2012, in reference to his possession of firearms at his residence. At that time, MILLER's computer and a number of floppy discs were seized.
While looking for information on MILLER's computer and floppy discs for firearm information, law enforcement located an image of a child engaged in sexually explicit conduct. Forensic examination revealed that MILLER accessed images and videos containing children engaged in sexually explicit conduct using his computer and the Internet. The Internet access dates were between approximately June 2011 and October 2012.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that MILLER will likely serve all of the time imposed by the court. In the federal system, MILLER does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Montana Probation and Parole.
Jamie Lynn Strosky and Homar Renova-Castillo Plead Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on August 8, 2012, before U.S. District Judge Sam E. Haddon, JAMIE LYNN STROSKY, a 33-year-old resident of Shepherd, and HOMAR RENOVA-CASTILLO, a 36-year-old resident of Tucson, Arizona, pled guilty.
STROSKY pled to conspiracy to possess with intent to distribute methamphetamine and distribution of methamphetamine.
RENOVA-CASTILLO pled to conspiracy to possess with intent to distribute methamphetamine and illegal reentry of a deported alien.
Sentencings have been set for December 9, 2012. They are currently detained.
In Offers of Proof filed by Assistant U.S. Attorney Brendan P. McCarthy, the government stated it would have proved at trial the following:
RENOVA-CASTILLO, an alien and citizen of Mexico, was previously convicted in 2000 in Yellowstone County for felony criminal endangerment. RENOVA-CASTILLO was then deported from the United States on January 31, 2002, and left through El Paso, Texas. RENOVA-CASTILLO was subsequently found in the United States. Specifically, on November 19, 2012, RENOVA-CASTILLO was pulled over in a motor vehicle near Park City by law enforcement.
In August of 2012, agents with the Eastern Montana High Intensity Drug Trafficking Area Task Force (EMHIDTA) began investigating the sale of methamphetamine in Billings by STROSKY and RENOVA-CASTILLO.
On August 22, 2012, agents spoke with an individual identified here as "D.N." "D.N." stated that he had made two trips to Idaho with RENOVA-CASTILLO to pick up methamphetamine. "D.N." estimated that they picked up two pounds of methamphetamine each time. "D.N." said that a woman named Jamie was RENOVA-CASTILLO's "right-hand girl."
On September 6, 2012, agents met with a confidential informant (CI) who provided information about STROSKY. The CI stated that STROSKY had been selling methamphetamine since 2000. The CI indicated that STROSKY went to Idaho to obtain methamphetamine. The CI stated that STROSKY got her methamphetamine from a Mexican male named Homar. The CI indicated that approximately two months prior, STROSKY met with RENOVA-CASTILLO and she was "fronted" one ounce of methamphetamine.
On November 6, 2012, the CI met STROSKY at a residence in Billings. STROSKY sold the CI a quarter (1/4) ounce of methamphetamine for $550. STROSKY told the CI that she was paying $21,000 for one pound of methamphetamine. The methamphetamine was later tested at the DEA lab and the actual weight was 7.0 grams.
On November 8, 2012, the CI and STROSKY met in a parking lot in Billings Heights, and the CI purchased methamphetamine from STROSKY for $550. The methamphetamine was later tested at the DEA lab and the actual weight was 6.7 grams.
On November 14, 2012, the CI met STROSKY at STROSKY's residence in Shepherd. The CI purchased meth from STROSKY for $550. The methamphetamine was later tested at the DEA lab and the actual weight was 6.6 grams. Additionally, STROSKY told the CI that she recently had one pound of methamphetamine stolen from a stash house.
On December 7, 2012, the CI made another purchase of methamphetamine from STROSKY at a location in Billings. The methamphetamine was later tested at the DEA lab and the actual weight was 6.8 grams.
On December 11, 2012, STROSKY told the CI that she planned to re-up with "her guy" in the next few days.
On December 21, 2012, agents spoke with "K.V." "K.V." admitted that she stole the pound of methamphetamine that STROSKY kept at her "stash house". "K.V." said that she was told by another individual that "K.S." was "babysitting" the methamphetamine at "K.S.'s" residence in the Billings Heights for STROSKY. "K.V." stated that around November 12, 2012, she and her boyfriend broke into "K.S.'s" residence and stole a safe from the closet in the bedroom. Inside the safe, "K.V." found two bags of methamphetamine, $100 in cash and two watches.
The CI made additional purchases of approximately 1/4 ounce of methamphetamine from STROSKY on January 8th, 22nd, and 29th of 2013 and April 3, 2013.
On February 3, 2013, RENOVA-CASTILLO and his wife were stopped in a motor vehicle near Wickenburg, Arizona and RENOVA-CASTILLO was subsequently arrested. In a statement provided to law enforcement, RENOVA-CASTILLO indicated that he has purchased drugs from his source in Las Vegas, Nevada. He admitted that on two occasions he transported cocaine and methamphetamine from Las Vegas to Billings.
STROSKY faces possible penalties of a mandatory minimum of 5 years and could be sentenced to 40 years, a $5,000,000 fine, and 4 years supervised release on each charge.
RENOVA-CASTILLO faces possible penalties of a mandatory minimum of 5 years and could be sentenced to 40 years, a $5,000,000 fine, and 4 years supervised release on the conspiracy to possess with intent to distribute methamphetamine charge; and possible penalties of 2 years, a $250,000 fine, and 1 year supervised release on the illegal reentry charge.
The investigation was conducted by the Federal Bureau of Investigation Task Force.
Gary Lee Plenty Buffalo Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on August 8, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, GARY LEE PLENTY BUFFALO, a 26-year-old resident of Hardin and an enrolled member of the Crow Tribe, pled guilty to assault resulting in serious bodily injury. Sentencing has been set for November 2, 2013. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Lori Harper Suek, the government stated it would have proved at trial the following:
On January 26, 2013, PLENTY BUFFALO was picking up the victim from work. PLENTY BUFFALO yelled at the victim and began to speed away as she entered PLENTY BUFFALO's vehicle. The argument arose from PLENTY BUFFALO's suspicion that the victim was "acting cute" around other men. As PLENTY BUFFALO drove over a bridge, he continued to yell at her and jerked the steering wheel from side-to-side. The vehicle rolled and the victim was ejected from the passenger seat.
PLENTY BUFFALO waved down two males to help. The two males observed the victim in a ditch unable to move and called the police to report the accident. Police and medical personnel arrived and took the victim to the hospital.
The victim suffered several pelvic fractures. The injuries she suffered met the criteria for serious bodily injury.
PLENTY BUFFALO faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release.
The investigation was conducted by the Bureau of Indian Affairs.
Curtis Keith Tichenor Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on August 9, 2013, before Chief U.S. District Judge Dana L. Christensen, CURTIS KEITH TICHENOR, a 52-year-old resident of Helena, was sentenced to a term of:
Prison: 246 months, consecutive to another sentence
Special Assessment: $300
Restitution: $4,775
Forfeiture: firearms and ammunition
Supervised Release: 5 years
TICHENOR was sentenced after a federal district court trial in which he was found guilty of robbery affecting commerce, possessing and brandishing a firearm in furtherance of a crime of violence, and being a felon in possession of a firearm.
Assistant U.S. Attorney Timothy J. Racicot prosecuted the case for the United States.
At trial, the following evidence and testimony was presented to the jury.
On the morning of July 14, 2012, TICHENOR robbed the Silver Dollar Bar in Missoula. He entered the bar wearing a blue coat and a mask. He pointed a handgun at the bartender and demanded all of the money from the till. The bartender complied with TICHENOR's demand and gave him approximately $4,775.
TICHENOR left the bar and got into his blue Camaro, which was parked in an alley to the Southwest of the Silver Dollar. His girlfriend was a passenger in the car and TICHENOR told her he had just committed a robbery. He threw the gun, mask, and money into her lap. TICHENOR left Missoula by way of the Orange Street on-ramp and drove west toward Spokane on Interstate 90. Several miles outside of Missoula, he pulled over and hid the coat and mask under some bushes alongside the road.
After he hid the coat and mask, TICHENOR and his girlfriend traveled to Spokane, where they stayed for a few days. TICHENOR used money from the robbery to buy methamphetamine and heroin, which both he and his girlfriend used while they stayed at a hotel in Spokane. After spending a few days in Spokane, TICHENOR and his girlfriend returned to Helena, where both of them lived at that time.
When he got back to Helena, TICHENOR hid the remaining robbery proceeds at his brother's residence. After TICHENOR was arrested in Helena on July 23, 2012, he asked his brother to retrieve the money, give some to his girlfriend, and put some on his books at the Helena jail.
On July 23, 2012, TICHENOR and his girlfriend were arrested outside a hotel in Helena. TICHENOR was in possession of a firearm, which witnesses identified as the same gun used during the robbery of the Silver Dollar Bar nine days earlier.
In late October 2012, information on TICHENOR was provided to law enforcement officers about the robbery in Missoula. Based on that information, the officers were able to find the coat and mask that TICHENOR had hidden after the robbery along I-90 west of Missoula. The bartender from the Silver Dollar Bar identified the coat and mask as the items worn by the perpetrator of the robbery. The bartender also identified the gun seized from TICHENOR following his arrest in Helena on July 23, 2012, as the gun used during the robbery. The firearm was a entury Arms, model P-64, 9 mm handgun.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that TICHENOR will likely serve all of the time imposed by the court. In the federal system, TICHENOR does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Missoula Police Department, the Helena Police Department, the Lewis & Clark County Sheriff's Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Montana Regional Violent Crime Task. Force investigation.
Maria Lourdes Moe Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Helena, on August 8, 2013, before U.S. District Judge Sam E. Haddon, MARIA LOURDES MOE, a 42-year-old resident of Helena, was sentenced to a term of:
Prison: 66 months
Special Assessment: $100
Supervised Release: 4 years
MOE was sentenced after a federal district court trial in which she was found guilty of conspiracy to possess with intent to distribute methamphetamine.
Assistant U.S. Attorney Paulette L. Stewart prosecuted the case for the United States.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that MOE will likely serve all of the time imposed by the court. In the federal system, MOE does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Federal Bureau of Investigation, the Montana Division of Criminal Investigation, the Missouri River Drug Task Force, the Drug Enforcement Administration, and the Spokane Regional Drug Task Force.
Informational: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on August 8, 2013, before U.S. Magistrate Judge Keith Strong, the following individuals were arraigned:
FRANCIS KAY ONSTAD, a 60-year-old resident of Valier, appeared on Counts I, II-XXII, XXIII - XXVIII, and XXX - XXXIII.
DELYLE SHANNY AUGARE, a 57-year-old resident of Browning, appeared on Counts I, II - XXVIII, and XXXIV - XXXVII.
GARY JOSEPH CONTI, a 67-year-old resident of Three Forks, appeared on Counts I, II - XXVIII, and XXIX.
DOROTHY MAY STILL SMOKING, a 64-year-old resident of East Glacier, appeared on Counts I, and II - XXV.
KATHERYN ELIZABETH SHERMAN, a 66-year-old resident of East Glacier, appeared on Counts I, and II - XXV.
CHARLOTTE B. NEW BREAST, a 52-year-old resident of East Glacier, appeared on Counts I, II-XXII, and XXVII.
The defendants pled not guilty to the charges and were released on special conditions.
CHARGES:
Count I: Conspiracy to Defraud The United States
Penalty: 5 years imprisonment, $250,000 fine and 3 years supervised release
Counts II-XXII: Scheme to Defraud the United States and the Blackfeet Tribe/Wire
Penalty: 20 years imprisonment, $250,000 fine and 3 years supervised release
Count XXIII: Federal False Claims Act Conspiracy
Penalty: 10 years imprisonment, $250,000 fine and 3 years supervised release
Count XXIV: Federal False Claims Act
Penalty: 5 years imprisonment, $250,000 fine and 3 years supervised release
Count XXV: Theft of Federal Property by Fraud
Penalty: 10 years imprisonment, $250,000 fine and 3 years supervised release
Counts XXVI & XXVII: Theft from an Indian Tribal Government Receiving Federal Grants
Penalty: 10 years imprisonment, $250,000 fine and 3 years supervised release
Count XXVIII: Money Laundering
Penalty: 10 years imprisonment, $250,000 fine and 3 years supervised release
Count XXIX: Bankruptcy Fraud
Penalty: 5 years imprisonment, $250,000 fine and 3 years supervised release
Counts XXX-XXXII, XXXV: Willful Failure to File Tax Return
Penalty: 1 year imprisonment, $25,000 fine and 1 year supervised release
Counts XXXIII-XXXIV, XXXVI-XXXVII: Income Tax Evasion
Penalty: 5 years imprisonment, $100,000 fine and 3 years supervised release
Assistant U.S. Attorney Carl E. Rostad is the prosecutor for the United States.
The investigation was conducted by a team of agents and auditors working with the U.S. Attorney's Guardians Project, including the Office of Inspector General for the Department of Interior, the Federal Bureau of Investigation, and the Criminal Investigation Division of the Internal Revenue Service.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Seth Patrick Durnam Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on July 31, 2013, before U.S. District Judge Donald W. Molloy, SETH PATRICK DURNAM, a resident of Bozeman, was sentenced to a term of:
Prison: 52 months
Special Assessment: $100
Supervised Release: 10 years
DURNAM was sentenced in connection with his guilty plea to possession of child pornography.
In an Offer of Proof filed by Assistant U.S. Attorney Tara J. Elliott, the government stated it would have proved at trial the following:
On November 8, 2010, DURNAM was at a residence in Bozeman for a job interview.
On Saturday, November 13, 2010, the homeowner found a 2GB SD card in his driveway. The homeowner called his father who had visited earlier in the day to inquire if the card was his. His father replied that it was not and suggested that he view the images on the card to identify the owner. He did so and found hundreds of images of child pornography, that he described as "naked, under-age boys." When scrolling through the images, the homeowner found a picture of DURNAM, whom he recognized from the earlier job interview. The homeowner contacted law enforcement and turned over the card.
When interviewed by a detective the next day, DURNAM admitted that he "did like images of younger boys" but claimed it was earlier in his life. When the SD card was examined, approximately 300 sexually explicit images and 5 movies of nude prepubescent and early teen boys were found on the card. The images had been copied to the SD card on April 21, 2010, by means of another device. There were also several pictures of DURNAM on the card.
DURNAM possessed images and movies of children clearly prepubescent and children engaged in sadistic or masochistic abuse or other depictions of violence.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that DURNAM will likely serve all of the time imposed by the court. In the federal system, DURNAM does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Gallatin County Sheriff's Office.
Joseph John Hurd Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on August 7, 2013, before Chief U.S. District Judge Dana L. Christensen, JOSEPH JOHN HURD, a 22-year-old resident of Missoula, was sentenced to a term of:
Prison: 60 months
Special Assessment: $100
Supervised Release: 5 years
HURD was sentenced in connection with his guilty plea to conspiracy to distribute cocaine.
In an Offer of Proof filed by Assistant U.S. Attorney Tara J. Elliott, the government stated it would have proved at trial the following:
In April, 2012, a Confidential Informant (CI) agreed to cooperate with the FBI regarding his drug trafficking network by providing specific information about his cocaine suppliers in Spokane, Washington and other persons involved in the distribution of cocaine in Missoula. The CI was introduced to HURD and they brokered a deal for the CI to purchase cocaine from HURD.
Beginning in August 1, 2012, the CI met with HURD to conduct a consensually monitored controlled purchase of cocaine and completed the purchase of 7.2 ounces of cocaine for $7,500. The cocaine field tested positive.
On August 23, 2012, the CI again met with HURD to conduct another consensually monitored controlled purchase of cocaine. Prior to the meeting, the CI and HURD agreed to a transaction of 4.5 ounces of cocaine for $5,000. However, the supplier never arrived and the transaction was not completed.
On August 24, 2012, law enforcement conducted an interview with HURD who admitted he was supposed to have received the ten ounces of cocaine from his supplier the previous date. HURD stated his supplier began supplying him with cocaine in January 2012. HURD had traveled to Othello for the first three transactions in January and February paying $1,000 per ounce when he purchased four ounces the first time, six ounces the second time, and six ounces the third time. HURD stated his supplier began traveling to Missoula to deliver the cocaine in February and continued on a nearly weekly basis until he was arrested. HURD estimated his supplier made about thirty trips to Missoula. HURD admitted he sold the cocaine to numerous local persons in Missoula. The total of the cocaine transactions was more than 500 grams.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that HURD will likely serve all of the time imposed by the court. In the federal system, HURD does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation.
Informational: Federal Court ArraignmentsRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on August 7, 2013, before U.S. Magistrate Judge Carolyn S. Ostby, the following individuals were arraigned:
DONALD RICHARD NISSEN, a 51-year-old resident of Billings, appeared on a charge of conspiracy to possess with the intent to distribute methamphetamine. He is currently detained. If convicted of this charge, NISSEN faces possible penalties of a mandatory minimum of 10 years in prison and could be sentenced to life, a $10,000,000 fine, and 5 years supervised release. Assistant U.S. Attorney Brendan P. McCarthy is the prosecutor for the United States. The investigation was conducted by the Eastern Montana High Intensity Drug Trafficking Area (HIDTA) Task Force.
KAYLENE SHANE RED WOLF, a 44-year-old resident of Hardin, appeared on charges of theft from federal government receiving federal funds and theft of federal funds. She is currently released on special conditions. If convicted of these charges, RED WOLF faces possible penalties of 10 years in prison, a $250,000 fine, and 3 years supervised release on each charge. Assistant U.S. Attorney Carl E. Rostad is the prosecutor for the United States. The investigation was conducted by a team of agents and auditors working with the U.S. Attorney's Guardians Project, including the Office of Inspector General for the Department of Interior.
The defendants pled not guilty to the charges.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Informational: Federal Court ArraignmentRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on August 6, 2013, before U.S. Magistrate Judge Keith Strong, the following individual was arraigned:
THOMAS ANDREW QUINTON, a 32-year-old resident of Lethbridge, Alberta, appeared on a charge of travel with intent to engage in illicit sexual conduct. He is currently detained. If convicted of this charge, QUINTON faces possible penalties of a 30 years in prison, a $250,000 fine, and lifetime supervision. Assistant U.S. Attorney Michael S. Lahr is the prosecutor for the United States. The investigation was conducted by the U.S. Department of Homeland Security - Homeland Security Investigations.
The defendant pled not guilty to the charge.
The charge, an indictment, information or complaint, is merely an accusation and all persons named as defendants are presumed innocent until proven guilty. A pre-trial conference and a trial date will be set and the United States will be required to prove the allegations set forth in the indictment beyond a reasonable doubt.
Delbert Dean Spear Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on August 7, 2013, before Senior U.S. District Judge Jack D. Shanstrom, DELBERT DEAN SPEAR, a 25-year-old resident of Crow Agency and an enrolled member of the Northern Cheyenne Tribe, was sentenced to a term of:
Prison: 33 months
Special Assessment: $100
Supervised Release: 3 years
SPEAR was sentenced in connection with his guilty plea to assault with a dangerous weapon.
In an Offer of Proof filed by Assistant U.S. Attorney Lori Harper Suek, the government stated it would have proved at trial the following:
On October 6, 2012, law enforcement responded to the scene of a stabbing outside of Crow Agency, within the exterior boundaries of the Crow Indian Reservation. An adult male victim had been stabbed approximately seven times in the torso with a knife. The victim was life-flighted to Billings for medical care.
The victim reported that he and a group of people, including SPEAR, were drinking and driving together until the car ran out of gas. Everyone continued drinking until, at some point, the victim and SPEAR started arguing. Both got out of the car, and then SPEAR came at the victim with a knife as he stood beside the car. SPEAR stabbed him multiple times in the chest area until he stumbled and fell. SPEAR then stabbed him in the back area. After the stabbing, the victim walked to a house where he received help.
When questioned, SPEAR admitted that he stabbed the victim and, in a handwritten statement, wrote that he stabbed the victim seven times.
The victim suffered two stab wounds to the right lower chest that deflated his lung and hit his liver, four stab wounds to his right shoulder area, and one stab wound to his right triceps area.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that SPEAR will likely serve all of the time imposed by the court. In the federal system, SPEAR does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Bureau of Indian Affairs and the Federal Bureau of Investigation.
David Russell Hargrove Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on August 7, 2013, before Senior U.S. District Judge Jack D. Shanstrom, DAVID RUSSELL HARGROVE, a 33-year-old resident of Livingston, was sentenced to a term of:
Prison: 72 months
Special Assessment: $100
Forfeiture: computer
Supervised Release: 30 years
HARGROVE was sentenced in connection with his guilty plea to possession of child pornography.
In an Offer of Proof filed by Assistant U.S. Attorney Laura B. Weiss, the government stated it would have proved at trial the following:
Between approximately 2010 and December 2011, in Livingston, HARGROVE possessed computer files containing images of child pornography.
After executing a search warrant at HARGROVE's residence, law enforcement analyzed his computer and located and identified child pornography images and videos. HARGROVE admitted to using the peer-to-peer file sharing program Limewire and searching for terms such as "father/daughter." He admitted to knowing some images were child pornography. The images involved prepubescent minors engaged in sadistic or masochistic conduct. During the analysis of HARGROVE's computer, law enforcement also located child pornography in a separate folder on the desktop.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that HARGROVE will likely serve all of the time imposed by the court. In the federal system, HARGROVE does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Montana Internet Crimes Against Children (ICAC) Task Force.
Press Conference to Follow Arraignments August 8, 2013, at 11:00 A.m. (MDT) in Great Falls, Montana Regarding A Case Investigated as Part of the Guardians Project of the United States Attorney's OfficeRead the Press Release
United States Attorney for the District of Montana Michael W. Cotter, Federal Bureau of Investigation Assistant Special Agent in Charge Scott Vito, Health and Human Services, Office of Inspector General Special Agent in Charge Gerald T. Roy, and Internal Revenue Service, Criminal Investigations Division Assistant Special Agent in Charge Lilia Ruiz and Supervisory Special Agent Brian Payne, will hold a press conference on August 8, 2013, at 11:00 a.m. (MDT) following arraignments. The press conference will be held at the U.S. Attorney's Office, 119 1st Ave. N., #300, in Great Falls, Montana.
The purpose of the press conference will be to comment on the ongoing efforts of the Guardians Project and the extraordinary efforts that have resulted from focused, inter-agency cooperation in the investigation of fraud in Indian Country in Montana.
Coleen Furthmyre Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Missoula, on July 30, 2013, before Chief U.S. District Judge Dana L. Christensen, COLEEN FURTHMYRE, a 46-year-old resident of Helena (formerly Anaconda), was sentenced to a term of:
Probation: 3 years
Special Assessment: $100
Restitution: $31,243.50
FURTHMYRE was sentenced in connection with her guilty plea to theft of government money.
In an Offer of Proof filed by Assistant U.S. Attorney Timothy J. Racicot, the government stated it would have proved at trial the following:
In November 2011, based on information received from Glacier Bank, the Secret Service and the Department of Housing and Urban Development ("HUD") initiated an investigation into FURTHMYRE for wire fraud and theft of government property. The investigation revealed that FURTHMYRE, then an employee of the Anaconda Housing Authority ("AHA"), had been stealing money from the AHA for approximately two years, primarily in the form of cash deposits received as rent payments for subsidized housing.
FURTHMYRE was interviewed on November 29, 2011, at the Butte-Silverbow Law Enforcement Center. At the outset of the interview, she asked, "This is about the money, isn't it?" She then admitted that over the past year she had taken cash from AHA's rental payments, deposited the money into her checking account, and used it to pay her personal bills. She said she would try to pay back the money she had stolen at the end of each month to balance the books. She initially tried to track the stolen proceeds by writing amounts on a sticky note, but had recently been unable to keep track of how much she had embezzled.
One interviewing agent told FURTHMYRE that he thought she had been stealing money for longer than one year and she replied that it might have started "a couple years ago." She said she deposited most of the stolen funds into her Glacier Bank account, but also put some of the money into her account at First National Bank. FURTHMYRE noted that she rarely deposited cash into her accounts other than the money she had stolen from the AHA. She said no one else was involved with the theft of funds from the AHA and that she had a meeting that night with her boss to explain what she had done. FURTHMYRE thought she owed the AHA about $28,000, and said she tried to obtain a loan to pay back the stolen funds.
After they interviewed FURTHMYRE, the investigating agents interviewed her boss at the AHA. He confirmed that he had a meeting scheduled with FURTHMYRE later that evening, but was not aware of any bookkeeping problems. After that meeting, he called one of the agents and said FURTHMYRE confessed to stealing money and told him she thought she owed the AHA about $33,000. During a second interview with law enforcement, he explained how FURTHMYRE was able to accomplish her theft and still present the appearance of maintaining balanced books. He said that she carried over shortages from previous months into the next month for several years. The AHA has provided a final loss amount of $31,243.50.
The investigation was a cooperative effort between the U.S. Secret Service and the U.S. Department of Housing and Urban Development - Inspector General's Office.
Michael James Franks Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on July 25, 2013, before Chief U.S. District Judge Dana L. Christensen, a 37-year-old resident of Browning, was sentenced to a term of:
Prison: 15 months
Special Assessment: $ 100
Supervised Release: 5 years
FRANKS was sentenced in connection with his guilty plea to failure to register as a sexual offender.
In an Offer of Proof filed by Assistant U.S. Attorney Ryan G. Weldon, the government stated it would have proved at trial the following:
On December 7, 2000, FRANKS pleaded guilty to sexual intercourse without consent and was ordered to register as a sex offender.
On April 25, 2012, law enforcement found FRANKS at a residence in Blackfoot where he had been living, but was not registered at that address.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that FRANKS will likely serve all of the time imposed by the court. In the federal system, FRANKS does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the United States Marshals Service.
Kole Michael Parsons Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on July 26, 2013, before Chief U.S. District Judge Dana L. Christensen, KOLE MICHAEL PARSONS, a 22-year-old resident of Browning and an enrolled member of the Blackfeet Tribe, was sentenced to a term of:
Prison: 45 days
Special Assessment: $100
Supervised Release: 3 years with first 6 months in residential reenter center
PARSONS was sentenced in connection with his guilty plea to burglary.
In an Offer of Proof filed by Assistant U.S. Attorney Ryan G. Weldon, the government stated it would have proved at trial the following:
On October 30, 2012, Blackfeet Tribal Security notified the FBI that the Blackfeet Tribal Offices were burglarized over the weekend of October 26, 2012, through October 28, 2012. Multiple items were reported missing, including a 9 mm pistol, a Mac Book Pro laptop, a GPS unit, and a camera.
A Tribal Security officer surveyed the offices and observed signs of forced entry at several locations. The officer then went to review video surveillance for the previous weekend. During the review, the officer observed PARSONS enter the Tribal Offices, pass through the halls, and enter and exit various offices. The officer identified the intruder as PARSONS without hesitation, stating that he "knew it was him right off the bat."
The officer knew PARSONS as he had seen him visit a relative of PARSONS at the office every other day for the last month and had seen PARSONS "around" for approximately four years.
Specifically, the video shows PARSONS holding a laptop, "several duffel bags," and he is seen entering and exiting various offices, either using keys or prying open the doors. PARSONS obtained the keys by stealing them from his relative's purse.
When PARSONS spoke with his relative, he told her that he indeed broke into the Blackfeet Tribal Offices and stole a pistol from the Tribal Security Office. PARSONS then stated that he sold the pistol to a drug dealer while at the grocery store. The gun has not been recovered.
When interviewed by law enforcement, PARSONS admitted that he went to the Tribal Security Office and took a 9 mm pistol, 2 clips, and 2 boxes of bullets. He maintains that he only took a weapon and ammunition-nothing else.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that PARSONS will likely serve all of the time imposed by the court. In the federal system, PARSONS does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation.
Thomas Roderick Yallup, Jr. Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on July 25, 2013, before U.S. District Judge Dana L. Christensen, THOMAS RODERICK YALLUP, JR., a 30-year-old resident of Box Elder and an enrolled member of the Rocky Boy's Indian Reservation, was sentenced to a term of:
Prison: 33 months
Special Assessment: $100
Supervised Release: 3 years
YALLUP was sentenced in connection with his guilty plea to assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorneys Chad C. Spraker and Danna R. Jackson, the government stated it would have proved at trial the following:
On October 15,2011, within the exterior boundaries of the Rocky Boy's Indian Reservation, YALLUP assaulted "X.X." As a result of the assault, "X.X." was injured. The victim suffered bite marks, bruising throughout her body, and had pelvic pain so intense she had difficulty walking. "X.X." experienced extreme physical pain. She was in the emergency room for over five hours and was provided medication for her pain.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that YALLUP will likely serve all of the time imposed by the court. In the federal system, YALLUP does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation.
Rodney Lane Cooper Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on July 26, 2013, before Chief U.S. District Judge Dana L. Christensen, RODNEY LANE COOPER, a 50-year-old resident of Havre, was sentenced to a term of:
Prison: 48 months
Special Assessment: $100
Supervised Release: 4 years
COOPER was sentenced in connection with his guilty plea to possession with intent to distribute methamphetamine.
In an Offer of Proof filed by Assistant U.S. Attorney Jessica A. Betley, the government stated it would have proved at trial the following:
COOPER has been known throughout the Rocky Boy's and Havre communities to be a source of methamphetamine for the past several years. Law enforcement began their investigation into COOPER in 2011.
On February 25, 2011, the Havre Police Department arranged for a confidential informant (CI) to purchase methamphetamine from COOPER. The CI gave COOPER $140 for methamphetamine. COOPER provided the CI with a substance containing a detectable amount of methamphetamine.
On April 12, 2011, law enforcement again arranged for the same CI to purchase methamphetamine from COOPER. The CI gave COOPER $130 and received a substance from COOPER which contained a detectable amount of methamphetamine.
On March 25, 2012, law enforcement spoke with a witness who stated she had been purchasing methamphetamine from COOPER for the past six years. This witness estimated she purchased approximately 3.5 grams of methamphetamine once per month during that time.
On May 8, 2012, agents spoke with another witness who stated she began purchasing methamphetamine from COOPER in 2003. She purchased approximately a total of 100 grams of methamphetamine from COOPER, with the most recent purchase conducted in March 2012.
Lastly, on July 12, 2012, agents interviewed an additional witness who stated she had purchased approximately 25 grams of methamphetamine from COOPER during a three to four month time period. Law enforcement learned through their investigation that COOPER possessed, with the intent to distribute, over 50 grams of a substance containing a detectable amount of methamphetamine from 2003 through at least the summer of 2012.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that COOPER will likely serve all of the time imposed by the court. In the federal system, COOPER does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Havre Police Department.
Paul Anthony Rible Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on July 25, 2013, before U.S. District Judge Dana L. Christensen, PAUL ANTHONY RIBLE, a 39-year-old resident of Plentywood, appeared for sentencing. RIBLE was sentenced to a term of:
Prison: 30 months
Special Assessment: $100
Forfeiture: computer
Supervised Release: 10 years
RIBLE was sentenced in connection with his guilty plea to accessing child pornography with the intent to view.
In an Offer of Proof filed by Assistant U.S. Attorney Cyndee L. Peterson, the government stated it would have proved at trial the following:
An investigation into RIBLE began when agents determined that an IP address assigned to RIBLE's residence offered known child pornography video files available for download via the Internet from October 12, 2011, through December 13, 2011. An agent viewed some of the files which were available for download and determined they depicted children engaged in sexually explicit conduct.
A search warrant for RIBLE's residence was obtained and served on May 22, 2012. RIBLE was summoned to the Havre Border Patrol station to be interviewed on the day of the search. While agents conducted the search at RIBLE's Plentywood residence, RIBLE was interviewed in Havre.
RIBLE admitted to viewing child pornography on his computers at his residence in Plentywood. He described the images, and his description met the federal definition for child pornography. RIBLE said he used the Internet, his computer, and specific file sharing programs to obtain the images. RIBLE confirmed that he viewed the files listed in the IP activity log which showed the video files available for download between October 12, 2011, and December 13, 2011.
RIBLE also admitted he viewed child pornography on a laptop computer the night before the interview. He produced the laptop computer and a forensic analysis of the laptop produced evidence that RIBLE had visited websites consistent with online viewing of child pornography on May 21, 2012.
No additional evidence was located on the computer or electronic media seized from RIBLE's residence. Agents determined that the computer RIBLE had used to access and view the child pornography had malfunctioned and had been disposed of prior to the search of the residence.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that RIBLE will likely serve all of the time imposed by the court. In the federal system, RIBLE does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the U.S. Department of Homeland Security - Office of Inspector General and the U.S. Department of Homeland Security - Homeland Security Investigations.
This case was brought as part of Project Safe Childhood (PSC), a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, PSC marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about PSC, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/resources.html and click on the tab "resources."
Hiram Evans Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on July 26, 2013, before U.S. District Judge Dana L. Christensen, HIRAM EVANS, a 30-year-old resident of Browning and an enrolled member of the Blackfeet Tribe, was sentenced to a term of:
Prison: 87 months, concurrent to a prior sentence
Special Assessment: $100
Supervised Release: 5 years
EVANS was sentenced in connection with his guilty plea to sexual abuse.
In an Offer of Proof filed by Assistant U.S. Attorney Ryan G. Weldon, the government stated it would have proved at trial the following:
On July 27, 2009, the female victim had been drinking with some individuals at a residence in Heart Butte, which is within the exterior boundaries of the Blackfeet Indian Reservation.
The victim eventually went to bed. She woke up to someone hitting her. She recognized the individual as EVANS, who proceeded to sexually assault her. The victim began yelling for her sister and tried to fight him off but he was holding her down. After assaulting her, EVANS left the residence and went to his house.
Law enforcement went to his residence where he was arrested. When questioned, EVANS first denied assaulting the victim but finally admitted that he had although he denied using any force.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that EVANS will likely serve all of the time imposed by the court. In the federal system, EVANS does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was a cooperative effort between the Federal Bureau of Investigation and the Bureau of Indian Affairs.
Freddy Wayne Jimenez Found Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that on July 25, 2013, in Great Falls, after a federal district court trial before Chief U.S. District Judge Dana L. Christensen, FREDDY WAYNE JIMENEZ, a 40-year-old resident of Browning, was found guilty of (6) counts of assault resulting in serious bodily injury, and (4) counts of assault with a dangerous weapon. Sentencing is set for October 22, 2013. He is currently detained.
At trial, the following evidence and testimony was presented to the jury.
In 2012, JIMENEZ beat and strangled his wife on two occasions. JIMENEZ's wife was left with broken ribs that were floating in her body, a fractured finger, and while strangling her, JIMENEZ said, "I'm gonna hurt you so bad you won't be able to do nothing."
Over a period of years, JIMENEZ also tortured his children. He cut them with machetes, hit them with metal bars, broke beer bottles over them, slammed them into vehicles, and, when they were down, crying in pain, JIMENEZ would say, "You better stand up, you pussy." JIMENEZ even told outsiders that he wanted one of his sons dead and that he was going to kill his entire family. Although JIMENEZ claimed to have never touched his children, other than spanking one of them one time, JIMENEZ wrote a letter wherein he admitted, "I beat up my wife and kids."
Assistant U.S. Attorney Ryan G. Weldon prosecuted the case for the United States.
JIMENEZ faces possible penalties of 10 years in prison, a $250,000 fine and 3 years supervised release on each count.
The investigation was conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs.
C’erra Dawn Clark Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Great Falls, on July 26, 2013, before Chief U.S. District Judge Dana L. Christensen, C'ERRA DAWN CLARK, a 23-year-old resident of Poplar, was sentenced to a term of:
Prison: 33 months
Special Assessment: $100
Supervised Release: 3 years
CLARK was sentenced in connection with her guilty plea to assault resulting in serious bodily injury.
In an Offer of Proof filed by Assistant U.S. Attorney Laura B. Weiss, the government stated it would have proved at trial the following:
On March 18, 2012, CLARK became frustrated and shook her infant child. She then threw the infant on the bed. CLARK admitted to law enforcement that she had shaken the baby. Another individual witnessed this, and recalled seeing CLARK shake the baby enough to "really upset him." Shortly after CLARK shook her, the baby began having seizures.
The child was taken to the local hospital then transported out of state to a Colorado children's hospital, where she was diagnosed with retinal hemorrhages and underwent an operative procedure involving the placement of a bilateral subdural-peritoneal shunt. The child's diagnosis for fully-restored sight is "guarded," as described by medical personnel.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that CLARK will likely serve all of the time imposed by the court. In the federal system, CLARK does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was cooperative effort between the Federal Bureau of Investigation and the Fort Peck Tribes Criminal Investigation Division.
Mary Agnes Leider Pleads Guilty in U.S. Federal CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on July 24, 2013, before U.S. District Judge Donald W. Molloy, MARY AGNES LEIDER, a 25-year-old resident of Crow Agency and an enrolled member of the Crow Tribe of Indians, pled guilty to second degree murder. Sentencing has been set for October 22, 2013. She is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorneys Jessica T. Fehr and Lori Harper Suek, the government stated it would have proved at trial the following:
On December 3, 2012, at approximately 4:06 a.m., 911 operators from the Big Horn County Sheriff's Office began receiving phone calls that they identified as coming from the area of mile marker 11 on Highway 313, south of Hardin. Operators dispatched law enforcement and an ambulance in response.
When they arrived at the scene, law enforcement found LEIDER and her brother, A.L., sitting off to the side of the road, crying uncontrollably. LEIDER told law enforcement that her baby was "gone", and had been hit by a vehicle. As additional law enforcement officers arrived, there was another 911 call that dispatched additional law enforcement to mile marker 19, Highway 313, to respond to another 911 emergency call regarding a deceased 3-year-old child. Upon arrival at the scene, law enforcement were met by G.D. and her son, W.L. G.D. is the mother of LEIDER, A.L., and W.L. G.D. took an officer to her car, where the officer found a 3-year-old female. The child was examined and appeared to already be deceased. The child was identified as LEIDER's daughter.
Later on that day, law enforcement interviewed G.D. She advised that her daughter, LEIDER, and her two sons had been out partying during the evening of December 2, 2012, and had taken the victim with them. G.D. reported that she had repeatedly called and text-messaged her children in order to have LEIDER come home with the victim, but LEIDER refused. Early in the morning hours of December 3, 2012, G.D. reported that she left to find LEIDER and the victim, and was traveling towards Hardin. As she was traveling north on Highway 313, she saw LEIDER's pickup traveling towards her. Both vehicles stopped, and G.D. saw that LEIDER's pickup was being driven by W.L. W.L. told Ms. Denny that something was wrong with the victim - LEIDER's three-year-old daughter. G.D. saw the victim in the back seat, and realized she was not breathing and not responsive. W.L. told G.D. that LEIDER had thrown the victim from the pickup. When G.D. picked the victim up, she saw blood coming from the back of her head. She called an ambulance and put the victim in her car.
W.L. was interviewed by law enforcement and reported that he was driving LEIDER's pickup early in the morning on December 3, 2012. W.L. reported that LEIDER was seated in the front passenger's seat, with the victim on her lap. At the time, the victim was quiet, but awake. While they were driving south towards St. Xavier, LEIDER opened the front passenger door with her right hand, and threw the victim out of the moving pickup. W.L. and the reconstructionist from the Montana Highway Patrol estimated the truck was traveling between 45 and 51 miles per hour at the time the victim was thrown from the truck. W.L. stopped as fast as he could, and threw LEIDER out of the truck with A.L. W.L. went back down the road behind the truck to where the victim was lying in the roadway. W.L. reported that he knew she was dead, but carried her back to the truck and placed her in the back seat. He began driving towards home, leaving LEIDER and his brother A.L. by mile marker 11 where they were ultimately found by law enforcement a short time later.
Following the arrival of law enforcement at the scene, LEIDER was taken to Hardin Memorial Hospital to have her blood drawn, and for treatment for abrasions to her face. Her blood alcohol level was found to be over a .24 when analyzed by the FBI Laboratory. While there, she alternated between saying, "I killed my baby" and claiming that the group had a car accident and that was how the victim had died. When questioned by law enforcement, LEIDER admitted that she had been driving around and drinking with her brothers, but claimed that she hit her face on the dashboard and could not recall how the victim was killed. LEIDER's pickup was impounded and towed to a law enforcement facility for analysis. The right front passenger door was analyzed by a professional mechanic and it was found that the door functioned properly.
An autopsy was conducted of the victim. Following the autopsy, the victim's probable cause of death was determined to be severe head injuries caused when thrown from a moving motor vehicle.
The crime occurred within the exterior boundaries of the Crow Indian Reservation.
LEIDER faces possible penalties of life in prison, a $250,000 fine and 5 years supervised release.
The investigation was a cooperative effort between the Bureau of Indian Affairs and the Federal Bureau of Investigation.
Martin Lee Roman Nose Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on February 24, 2013, before U.S. District Judge Donald W. Molloy, MARTIN LEE ROMAN NOSE, a 23-year-old resident of Ashland and an enrolled member of the Northern Cheyenne Tribe, was sentenced to a term of:
Prison: 24 months
Special Assessment: $100
Restitution: $231
Supervised Release: 7 years
ROMAN NOSE was sentenced in connection with his guilty plea to sexual abuse of a minor.
In an Offer of Proof filed by Assistant U.S. Attorney Lori Harper Suek, the government stated it would have proved at trial the following:
On October 27, 2011, ROMAN NOSE and his girlfriend came across the 15-year-old victim and took her to their apartment. All three were drinking during the walk to the apartment and at the apartment. At some point, ROMAN NOSE and his girlfriend started to fight. ROMAN NOSE eventually locked her out of the apartment.
ROMAN NOSE and the victim were left alone in the apartment. ROMAN NOSE followed the victim into a bedroom, drank with her, and then sexually abused her.
ROMAN NOSE was interviewed twice. He initially denied sexually abusing the victim. However later he admitted that he did, but recanted again saying that he only made the admission because he believed it was what the agents wanted him to say.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that ROMAN NOSE will likely serve all of the time imposed by the court. In the federal system, ROMAN NOSE does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation.
Jasper Wade Half Sentenced in U.S. District CourtRead the Press Release
The United States Attorney's Office announced that during a federal court session in Billings, on July 24, 2013, before Senior U.S. District Judge Jack D. Shanstrom, JASPER WADE HALF, a 37-year-old resident of Crow Agency and an enrolled member of the Crow Tribe of Indians, was sentenced to a term of:
Prison: 15 months
Special Assessment: $100
Supervised Release: 3 years
HALF was sentenced in connection with his guilty plea to assault with a dangerous weapon.
In an Offer of Proof filed by Assistant U.S. Attorney Lori Harper Suek, the government stated it would have proved at trial the following:
On May 20, 2011, HALF and the victim were drinking alcohol in Hardin. They left together and were on the off-ramp outside Hardin, when they began to argue. They pulled over and began to fist-fight. The victim beat up HALF. HALF got into his car and drove away across the interstate. He then turned around and returned to the exit. When HALF was on the on ramp, he stopped, pulled out a .22 caliber rifle from the trunk, and shot at the victim. HALF individually loaded the second round and fired again.
Shortly after HALF shot the gun, he was arrested by Big Horn County Sheriff's deputies. HALF initially stated that he had aimed the gun "in the air." Later, HALF reconsidered his previous statement and explained that he had pointed the gun at the victim and then up in the air.
A witness saw the incident and explained that, to her, it looked like HALF was pointing the gun at and shooting at the victim.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that HALF will likely serve all of the time imposed by the court. In the federal system, HALF does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
The investigation was conducted by the Federal Bureau of Investigation.