District of South Dakota

United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child.

Jeremiah Jay Swalley, age 33, was indicted on March 22, 2016.  He appeared before U.S. Magistrate Judge Mark A. Moreno on April 8, 2016, and pled not guilty to the Indictment.

The maximum penalty upon conviction is thirty years up to life in custody and/or a $250,000 fine, up to life of supervised release, $100 to the Federal Crime Victims Fund, and a $5,000 assessment to the Domestic Trafficking Fund.  Restitution may also be ordered.

The Indictment alleges that between July 1, 2015, and July 31, 2015, Swalley knowingly engaged in and attempted to engage in a sexual act, by the use of force, with a child who had not attained the age of 16 years, and was, at least, four years younger than Swalley.

The charge is merely an accusation and Swalley is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Kirk W. Albertson is prosecuting the case.   

Swalley was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for June 7, 2016.

United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on April 11, 2016, by U.S. District Judge Roberto A. Lange.

Glen Eagle Thunder, age 41, was sentenced to 21 months of custody, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund of $100.

Eagle Thunder was indicted by a federal grand jury on December 18, 2015.  He pled guilty on February 9, 2016.

The conviction stems from Eagle Thunder failing to register as a sex offender between September 1, 2015, and November 10, 2015.

This case was investigated by the U.S. Marshals Service.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

Eagle Thunder was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announced that four individuals will be awarded Department of Justice Certificates of Appreciation as part of National Crime Victims’ Rights Week 2016.  The U.S. Attorney’s Office will present the honorees with their awards and provide brief remarks in recognition of their outstanding dedication, service, and contributions on behalf of crime victims. 

National Crime Victims’ Rights Week honors and celebrates the achievements of the past thirty years in securing rights, protections, and services for victims. The bipartisan Victims of Crime Act (VOCA), passed by Congress in 1984, created a national fund to ease victims’ suffering. Financed by fines and penalties paid by offenders, the Crime Victims Fund supports services for victims of all types of crime, including assistance for homicide survivors, survivors of child sexual abuse, and victims of human trafficking, as well as rape crisis centers and domestic violence programs among others. VOCA also funds victim compensation programs that pay victims’ out-of-pocket expenses - such as counseling, funeral expenses, and lost wages.

The first ceremony will be held in Pine Ridge on Friday, April 15, 2016, at the Justice Center for the People, located at 977 Horse Thief Road.  It will be held prior to the Multidisciplinary Task Force Meeting at 10:00 a.m. MST. The individual honored at this event will be Cheryl Renee Bourque. Ms. Bourque is an enrolled citizen of the Muscogee (Creek) Nation of Oklahoma. She is currently a Victim Specialist with the Bureau of Indian Affairs, Office of Justice Services, assigned to the Pine Ridge Agency in South Dakota.

Ms. Bourque has over 13 years of experience dealing with victims of crime in Indian country, working on several different reservations, including Oklahoma’s complex jurisdiction. For the last 25 months, she has been assigned to the Pine Ridge Agency where she has helped literally hundreds of crime victims. The victims have benefitted from her extensive knowledge and experience in dealing with violent crimes, as she guided them through some of the most traumatic times in their lives. Ms. Bourque’s experience as an advocate and law enforcement officer provides a unique perspective on systems’ response in addressing victim’s needs. She has held several different positions on boards and task forces and has been a leading voice in helping to raise awareness about the unique issues facing victims in Indian country.

Ms. Bourque has held positions as the Executive Director for the Oklahoma Tribal Coalition, as a state and tribal domestic violence/sexual assault advocate, and as a law enforcement officer.  She is a contract/adjunct instructor with the Federal Law Enforcement Training Center, based in Glynco, Georgia, and she has traveled across the nation to instruct on issues pertaining to domestic violence, and sexual assault and stalking, with an emphasis on serving victims of crime in Indian country.

The second ceremony will be in Eagle Butte on Thursday, April 28, 2016. It will also be held prior to the Multidisciplinary Task Force Meeting at 10:00 a.m. MST.  The two award recipients will be Cheyenne River Sioux Tribe Detective Russell Leaf and Federal Bureau of Investigation Special Agent James Asher.

Cheyenne River Sioux Tribe Criminal Investigator Russell Leaf has served the public as a law enforcement officer since 1985, making him one of the longest serving law enforcement officers in South Dakota.  He began his law enforcement career as a military police officer stationed in Fort Carson, Colorado and in Germany.  Since leaving military service, Criminal Investigator Leaf has served people in Indian country since 1987.  He has worked for Tribal and Bureau of Indian Affairs Police Departments in Standing Rock, Yankton, Winnebago and Omaha (Nebraska), Crow Agency (Montana), Fort Duchesne (Utah), and Red Lake (Minnesota).  Criminal Investigator Leaf began his career in Tribal law enforcement working for the Cheyenne River Sioux Tribe. He returned there in 2002, where he has spent the last 14 years of his career, and has been a Criminal Investigator for the Cheyenne River Sioux Tribe since 2008. 

Special Agent (SA) James Asher graduated from Cedarville University in Ohio in 2002.  After graduating from college, SA Asher joined the military and was an Army Infantry Officer in the 82nd Airborne Division from 2002 until 2008.  In 2008, SA Asher joined the Federal Bureau of Investigation.  He initially worked in Kansas City and Los Angeles, where he specialized in investigations involving gangs and narcotics.  In April of 2015, SA Asher transferred to the Pierre Resident Agency, where he investigates sexual assault cases and other violent crimes in Indian country.

The fourth recipient, Cynthia Johanson, a Probation Officer with the Flandreau Santee Sioux Tribal Court, will be honored at a ceremony in Flandreau on May 5,  2016.

For additional information about this year’s National Crime Victims’ Rights Week, visit: http://www.ovc.gov/

United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man convicted of Assault with a Dangerous Weapon and Assaulting, Resisting, Opposing and Impeding a Federal Officer was sentenced on April 4, 2016, by U.S. District Judge Roberto A. Lange.

Eric Joseph Oliver, age 34, was sentenced to 40 months in custody, folllowed by two years of supervised release, and a $200 special assessment to the Federal Crime Victims Fund.

          Oliver was indicted by a federal grand jury on July 14, 2015, for Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, Assault by Strangulation and Suffocation, and Assaulting, Resisting, Opposing, and Impeding a Federal Officer.  He pled guilty to Assault with a Dangerous Weapon and Assaulting a Federal Officer on January 7, 2016.

          On the evening of May 30, 2015, Oliver and his girlfriend, the victim, were at a home in Rosebud.  An argument ensued between the couple and Oliver would not let the victim leave.  Oliver hit the victim in the face with his hands and stabbed her with a sharp instrument.  The victim sustained two shallow stab wounds; one to the right side of her neck and one to the top of her head.  The victim was able to escape and call Rosebud Sioux Tribe Law Enforcement Services for assistance.  The victim was transported to the Indian Health Services Hospital in Rosebud to receive medical care.

Two officers responded to the call, and Oliver was non-compliant with them.  Oliver was escorted out of the house and once outside of the home, he kicked one of the officers twice and spat at another officer’s face.  

          This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and Federal Bureau of Investigation.  Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.

          Oliver was immediately turned over to the custody of the U.S. Marshals Service.

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United States Attorney Randolph J. Seiler announced that Rapid City, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on March 25, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Susan Land, age 43, was sentenced to 36 months in custody, followed by four years of supervised release, and a $100 special assessment to the Federal Criminal Victims Fund.

          Land was indicted for conspiracy to distribute methamphetamine by a federal grand jury on November 19, 2014.  She pled guilty on December 4, 2015.

          On September 22, 2014, Land conspired and agreed with other persons, and travelled from North Dakota, to intentionally distribute 83 grams of methamphetamine to South Dakota.  Land distributed more than 200 grams of methamphetamine during the course of this conspiracy.

          This case was investigated by the Unified Narcotics Enforcement Team, United States Drug Enforcement Administration, South Dakota Division of Criminal Investigation, Pennington County Sheriff’s Office, and the Rapid City Police Department.  Assistant U.S. Attorney Ted L. McBride prosecuted the case.

# # #

United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on March 25, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Jay Dooley, age 23, was sentenced to 120 months in custody, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.  He pled guilty on December 11, 2015.

Beginning in February of 2014, Dooley obtained methamphetamine from Corey Thompson and others, which he intended to distribute within South Dakota.  Dooley distributed more than 500 grams of methamphetamine during the course of this conspiracy.

          This case was investigated by the Unified Narcotics Enforcement Team, United States Drug Enforcement Administration, South Dakota Division of Criminal Investigation, Pennington County Sheriff’s Office, and the Rapid City Police Department.  Assistant U.S. Attorney Ted L. McBride prosecuted the case.

          Dooley was immediately turned over to the custody of the U.S. Marshals Service.

# # #

United States Attorney Randolph J. Seiler announced that a Porcupine, South Dakota, man has been indicted by a federal grand jury for Assaulting a Federal Officer.

Michael Lone Hill, age 27, was indicted on March 22, 2016.  Lone Hill appeared before U.S. Magistrate Judge Daneta Wollmann on April 1, 2016, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charge relates to an incident on March 17, 2016, at Evergreen Housing, when Lone Hill used a vehicle to assault a law enforcement officer employed with the Oglala Sioux Tribe Department of Public Safety.

The charge is merely an accusation and Lone Hill is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, and the Federal Bureau of Investigation. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.

Lone Hill was released on bond pending trial.  A trial date has been set for June 7, 2016.

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United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.

Orville Red Feather, age 43, was indicted on March 22, 2016.  Red Feather appeared before U.S. Magistrate Judge Daneta Wollmann on April 1, 2016, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charge relates to Red Feather failing to register and update his registration as a convicted sex offender between January 1, 2016, and March 22, 2016, at Rapid City.

The charge is merely an accusation and Red Feather is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the U.S. Marshals Service.  Assistant U.S. Attorney Eric Kelderman is prosecuting the case.

Red Feather was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has been set for June 7, 2016.

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United States Attorney Randolph J. Seiler announced that an Okreek, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on April 4, 2016, by U.S. District Judge Roberto A. Lange.

Robert J. LaVallie, a/k/a Robert Gross, age 34, was sentenced to 15 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.  LaVallie also forfeits interest in the firearms seized during a search of his residence.

          LaVallie was originally indicted by a federal grand jury on November 13, 2014.  A superseding indictment was filed on November 10, 2015, charging LaVallie with Assault with a Dangerous Weapon, and Brandishing, Carrying or Possessing a Firearm During and In Relation to a Crime of Violence.  He pled guilty to Assault with a Dangerous Weapon on January 7, 2016.

          The conviction arose from an incident on May 31, 2014, in Todd County, South Dakota, when LaVallie and the victim got into a verbal argument.  LaVallie began yelling at the victim and pointing at her, telling their children, “If I shoot myself, it’s because of this right here.”  The children ran out of the house and the victim went to phone for help.  LaVallie was carrying a handgun in a holster on his waist.  He withdrew the firearm, waved it around, and threatened to kill the victim.  He then grabbed two assault-type rifles and started putting clips into them.  The victim left the house, called the police, and  LaVallie was taken into custody.  A search warrant of the residence resulted in the seizure of several firearms and ammunition.

          This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Jay Miller prosecuted the case.

          LaVallie was immediately turned over to the custody of the U.S. Marshals Service.

# # #

United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on April 5, 2016, by U.S. District Judge Roberto A. Lange.

Danielle Lane Provancial, age 21, was sentenced to 60 months in custody, followed by 4 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

          Provancial was indicted by a federal grand jury on September 15, 2015.  She pled guilty on January 20, 2016, to distributing 50 grams or more of methamphetamine. 

          Beginning in March of 2015, Provancial received and distributed methamphetamine in South Dakota.  The individuals who provided Provancial with large amounts of methamphetamine knew she intended to engage in further distribution.  Provancial had other dealers working for her, and she carried a .22 pistol for protection because she was worried that she would be robbed while selling methamphetamine.  It was reasonably foreseeable to Provancial that more than 50 grams of methamphetamine would be distributed during the course of this conspiracy. 

          This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, and the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorneys Ted L. McBride and SaraBeth Donovan prosecuted the case.

          Provancial was immediately turned over to the custody of the U.S. Marshals Service.

# # #

United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on April 4, 2016, by U.S. District Judge Roberto A. Lange.

Leon Lloyd Farmer, age 35, was sentenced to 120 months in custody, 5 years of supervised release, a $1,000 fine, and a $100 special assessment to the Federal Crime Victims Fund.

Farmer was originally indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on May 19, 2015.  He pled guilty on January 7, 2016, to distributing 500 grams or more of methamphetamine. 

          Beginning no later than November of 2013, Farmer received distributable quantities of methamphetamine from other individuals who knew he intended to engage in further distribution of the methamphetamine.  Farmer provided methamphetamine to others, knowing they intended to engage in further distribution of the methamphetamine within South Dakota.  It was reasonably foreseeable to Farmer that more than 500 grams of methamphetamine would be distributed during the course of his conspiracy. 

          This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, and the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorneys Ted L. McBride and SaraBeth Donovan prosecuted the case.

          Farmer was immediately turned over to the custody of the U.S. Marshals Service.

# # #

United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of two counts of Assault with a Dangerous Weapon and Aiding and Abetting, one count of Prohibited Person in Possession of Ammunition, and two counts of Failure to Register as a Sex Offender was sentenced on March 28, 2016, by U.S. District Court Judge Roberto A. Lange.

Richard Timothy Fool Bull, age 38, was sentenced to 117 months in custody, followed by 5 years of supervised release, $500 in special assessments to the Federal Crime Victims Fund, and $661.25 in restitution.

          On February 10, 2015, Fool Bull was indicted by a federal grand jury for Failure to Register as a Sex Offender. On March 11, 2015, Fool Bull was indicted by a federal grand jury for Discharge of a Firearm During Crime of Violence, Felon in Possession of a Firearm, Failure to Register as a Sex Offender, and six counts of Assault with a Dangerous Weapon.  He pled guilty on January 7, 2016, to two counts of Assault with a Dangerous Weapon and Aiding and Abetting, one count of Prohibited Person in Possession of Ammunition, and two counts of Failure to Register as a Sex Offender.

          Fool Bull pled guilty to a violation of Sexual Abuse of a Minor on October 20, 1998, in U.S. District Court for the District of South Dakota.  Between November 14, 2014, and December 9, 2014, and between January 31, 2015, and March 1, 2015, Fool Bul1, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under Federal Law, failed to properly register as a sex offender.

On November 14, 2014, Fool Bull was released from federal custody following incarceration for supervised release violations in an unrelated case.  Fool Bull was directed to report to a halfway house in Sioux Falls immediately following his release.  Fool Bull did not report to the halfway house, and he absconded from his federal supervision.  Fool Bull was arrested on December 9, 2014.  Fool Bull did not register as a sex offender with any jurisdiction, as required, between the date of his release from federal custody on November 14, 2014, and the date of his arrest on December 9, 2014.

On January 13, 2015, Fool Bull was released from federal custody following incarceration for supervised release violations in an unrelated case.  Fool Bull was placed at the Glory House in Sioux Falls.  On January 14, 2015, Fool Bull registered as a sex offender with the Sioux Falls Police Department.  On January 31, 2015, Fool Bu1l absconded from the Glory House.  Fool Bull was arrested on May 26, 2015.  Fool Bull did not register as a sex offender with any jurisdiction, as required, between January 31, 2015, and the date of his arrest on May 26, 2015.

On the evening of February 27, 2015, Fool Bull drove to Sunrise Apartments in Mission, with James Iron Ring and a juvenile.  Iron Ring and the juvenile remained in the vehicle while Fool Bull approached the apartment.  Fool Bull stood outside of the apartment and discharged a firearm eight times into the apartment.  Iron Ring then drove Fool Bull and the juvenile away from the apartments.

Five individuals were inside of the apartment at the time of the shooting.  One of the bullets struck a victim in the arm.  The bullet was slowed by traveling through the walls of the apartment and the bullet did not break the skin on the victim’s arm. 

James Iron Ring has pled guilty to one count of Assault with a Dangerous Weapon and Aiding and Abetting.  Iron Ring’s sentencing is currently scheduled for June 1, 2016.

          This case was investigated by the U.S. Marshals Service and Rosebud Sioux Tribal Law Enforcement Services.  Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.

          Fool Bull was immediately turned over to the custody of the U.S. Marshals Service.

# # #

United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person.

Norman Lee Ritter, age 48, was indicted on March 15, 2016.  He appeared before U.S. Magistrate Mark A. Moreno on April 1, 2016, and pled not guilty to the Indictment.

The maximum penalty upon conviction is at least 5 years, up to 40 years, in custody and/or a $5,000,000 fine, at least 4 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between February 1, 2015, and March 15, 2016, Ritter knowingly and intentionally combined, conspired, confederated and agreed with other persons to knowingly and intentionally distribute and possess with intent to distribute methamphetamine and marijuana in South Dakota.  The Indictment further alleges that on or about September 17, 2015, in Todd County, Ritter knowingly possessed a firearm and was prohibited from doing so because he had previously been convicted of a felony, was a fugitive from justice, and was a user of and addicted to a controlled substance.

The charges are merely an accusation and Ritter is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force, and Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.   

Ritter was remanded to the custody of the U.S. Marshals Service pending trial.  Trial has been set for June 7, 2016.

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United States Attorney Randolph J. Seiler announced that Theodore “Ted” J. Nelson, Jr., age 68, and his son, Steven A. Nelson, age 46, both of Letcher, South Dakota, were sentenced on April 4, 2016, for conspiracy to defraud the United States, failure to file income tax returns, and impeding the Internal Revenue Service.

          U.S. District Judge Karen E. Schreier sentenced Theodore Nelson to seventy months in prison, and his son Steven Nelson to twelve months and one day in prison, and ordered to pay restitution jointly and severally in the amount of $1,842,102.14.  In May 2015, they were found guilty of tax crimes as a result of a federal jury trial in Sioux Falls, South Dakota.  

          The Nelsons were indicted by a federal grand jury on July 9, 2013.  Ted Nelson was charged with one count of conspiracy to defraud the United States, six counts of failure to file income tax returns, and one count of impeding the Internal Revenue Service. Steven Nelson was charged with one count of conspiracy to defraud the United States, seven counts of failure to file income tax returns, and one count of impeding the Internal Revenue Service.

          The Nelsons inherited a family farm and business from Ted Nelson’s parents.  They planted and sold grain, raised cattle, performed custom work for neighbors, ran hunting/lodging businesses, leased out their land, and sold some of the land.

          The Internal Revenue Service placed a lien against Ted Nelson’s real estate in January 2004.  After that time, the Nelsons created over 30 trusts, corporations, LLCs, and other entities, in an effort to hide their ownership of the farm and its income.  Also in 2004, the Nelsons opened a series of bank accounts with themselves or another person as signors, using false tax identification numbers and Social Security numbers. Steve Nelson filed income tax returns through 1996 and Ted Nelson filed them through 1998, and then both stopped filing.

          “The lesson learned from this case should be very clear,” said U.S. Attorney Seiler.  “Regardless of how elaborate your strategy is, and no matter what you do for a living, if you intentionally dodge your responsibility to pay your fair share of taxes, federal prison will be a consequence of that decision.”

          “As filing season comes to an end, the sentencings imposed on the Nelson’s should send a message to those taxpayers who are thinking about participating in fraudulent tax schemes," said Shea Jones, Special Agent in Charge of the St. Paul Field Office.  "The sentencings of Theodore Nelson and Steven Nelson again emphasizes that the Internal Revenue Service and U.S. Attorney’s office will continue their aggressive pursuit of those who would attempt to defraud America's tax system."     

          This case was investigated by the Internal Revenue Service – Criminal Investigation. Assistant U.S. Attorneys John E. Haak and Ann M. Hoffman prosecuted the case.

          Steven Nelson was ordered to self-surrender to the U.S. Marshals Service on April 18, 2016.  Ted Nelson, who was remanded to the custody of the U.S. Marshals Service after trial, remains in custody.

# # #

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, woman convicted of Larceny was sentenced on April 4, 2016, by U.S. District Judge Roberto A. Lange.

Melissa Wolf Black, age 34, was sentenced to 15 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

          Wolf Black was indicted by a federal grand jury on November 10, 2015.  She pled guilty on January 7, 2016.

          The conviction arose from a June 26, 2015, incident involving Wolf Black and the Lindskov Motors Dealership in Eagle Butte.  After Wolf Black expressed an interest in purchasing a pickup truck, an employee of Lindskov Motors gave her a test ride around town.  Wolf Black was not allowed to drive because she appeared intoxicated.  Sometime thereafter, while Wolf Black and the employee were back at the dealership, Wolf Black took the keys to the truck without permission.  While Wolf Black was driving the truck later that evening, Cheyenne River Sioux Tribal police officers stopped her for failure to stop at a red light.  Wolf Black was intoxicated and told the officers she had purchased the vehicle earlier that day.  The officers were unable to find the registration or proof of purchase in the truck. 

          Lindskov Motors confirmed that the vehicle, which was worth $37,000, had been taken without permission.  Wolf Black admitted she had stolen the truck and had just been released from prison in May 2015 after serving time for stealing a different truck.

          This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.

          Wolf Black was immediately turned over to the custody of the U.S. Marshals Service.

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United States Attorney Randolph J. Seiler announced that a Wounded Knee, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse and Abusive Sexual Contact.

Kelly Tyrell Bell, a/k/a Kelly Thunder Horse, age 26, was indicted on March 22, 2016. Bell appeared before U.S. Magistrate Judge Daneta Wollmann on March 25, 2016, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is life in custody and/or a $250,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charges relate to Bell engaging in a sexual act with an incapacitated person on January 22, 2016, at Kyle.

The charges are merely accusations and Bell is presumed innocent until and unless proven guilty.

The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Federal Bureau of Investigation.  Assistant U.S. Attorney Eric Kelderman is prosecuting the case.

Bell was released on bond pending trial.  A trial date has been set for May 31, 2016.

United States Attorney Randolph J. Seiler announced that a Winner, South Dakota, man convicted of Aggravated Incest was sentenced on March 28, 2016 by U.S. District Judge Roberto A. Lange.

Clinton Pierce, age 40, was sentenced to 54 months in custody, followed by 3 years of supervised release, a $5,000 fine, and a $100 special assessment to the Federal Crime Victims Fund.

Pierce was indicted for Aggravated Incest by a federal grand jury on July 14, 2015.  He pled guilty on January 7, 2016.

Between September l, 2013, and June 23, 2015, Pierce and the victim were checking cattle together and driving around the family ranch in Todd County, South Dakota.  While in the vehicle, Pierce sexually assaulted the victim, and the sexual touching happened for several minutes.  The victim was under 18 years of age at the time.

This case was investigated by the Division of Criminal Investigation and Federal Bureau of Investigation.  Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.

Pierce was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child and Abusive Sexual Contact of a Child by Force.

Caleb Lewis Thompson, age 31, was indicted on March 15, 2016.  He appeared before U.S. Magistrate Judge Mark A. Moreno on March 24, 2016, and pled not guilty to the Indictment.

The maximum penalty upon conviction is a mandatory minimum of 30 years in custody and/or a $750,000 fine, 5 years of supervised release, and $300 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between August 1, 2013, and May 31, 2015, Thompson knowingly engaged in, and attempted to engage in a sexual act with a minor female, as well as knowingly caused, and attempted to cause another minor female to engage in sexual contact.

The charges are merely accusations and Thompson is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Bureau of Indian Affairs, Crow Creek Agency.  Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.   

Thompson was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has not been set.

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.

Gaylen Paul Sampson, a/k/a Thurman Paul Sampson, age 41, was indicted on March 15, 2016.  He appeared before U.S. Magistrate Judge Mark A. Moreno on March 30, 2016, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, up to life of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between April 14, 2013, and April 23, 2013, Sampson, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under Federal Law, failed to register and update his registration.

The charge is merely an accusation and Sampson is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the U.S. Marshals Service.  Assistant U.S. Attorney Jay Miller is prosecuting the case.   

Sampson was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has not been set.

United States Attorney Randolph J. Seiler announced that a Cherry Creek, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse of a Minor.

Sylvan Larrabee, age 23, was indicted on March 15, 2016.  He appeared before U.S. Magistrate Judge Mark A. Moreno on March 30, 2016, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 30 years in custody and/or a $500,000 fine, up to life of supervised release, and $200 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between March 1, 2015, and May 29, 2015, Larrabee knowingly caused and attempted to cause a minor female to engage in sexual acts.

The charges are merely accusations and Larrabee is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Cheyenne River Sioux Tribe and the Federal Bureau of Investigation.  Assistant U.S. Attorney Jay Miller is prosecuting the case.   

Larrabee was released on bond.  A trial date has not been set.

United States Attorney Randolph J. Seiler announced that five individuals previously convicted of Conspiracy to Commit Theft of Federal Funds, have entered into agreements to pay civil penalties pursuant to the False Claims Act (FCA), 31 U.S.C. §§ 3729-3733. Regardless of criminal penalties, the FCA imposes civil liability on persons who knowingly submit false claims to obtain federal funds.  Pursuant to the FCA, persons who submit a false claim must pay to the United States a civil penalty of not less than $5,500, and not more than $11,000 for each false claim, plus three times the amount of damages which the government sustained.

From May through December 2009, Samone Milk, Heather Garcia, Joe Garcia, Wayne Cortier, and Robert Running Bear took federal funds belonging to the Oglala Sioux Tribe’s Low Income Home Energy Assistance Program (LIHEAP) to which they were not entitled. Using their positions as tribal employees, Milk and Heather Garcia drafted fake invoices for work purportedly completed by contractors then shared the funds with those contractors.

In 2014, restitution of $83,585 (joint and severally) was ordered to be paid to the tribe’s LIHEAP program (criminal case 13CR50130).  The FCA civil settlements finalized in March 2016 call for payments over a period of years to the United States as follows:

          Samone Milk, $30,000 (monthly payments for 29 years);

          Heather Garcia, $20,000 (monthly payments for 18.2 years);

          Joe Garcia, $20,000 (monthly payments for 18.2 years);

          Wayne Cortier, $10,000 (monthly payments for 8.7 years);    

          Robert Running Bear, $4,000 (monthly payments for 3.5 years).

The United States Attorney’s Office places a high priority on criminal and civil enforcement in cases involving all types of fraud committed against federal programs, and works with various law enforcement agencies to identify and investigate these matters.

This investigation was conducted by the U.S. Department of Health and Human Services, Office of Investigations. Assistant U.S. Attorney Ann M. Hoffman prosecuted the criminal case. Assistant U.S. Attorney Cheryl Schrempp DuPris finalized the civil settlements.

United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.

Cody Reddy, age 22, was indicted on January 26, 2016.  Reddy appeared before U.S. Magistrate Judge Daneta Wollmann on March 25, 2016, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charge relates to Reddy failing to register and update his registration as a convicted sex offender between December 22, 2015, and January 26, 2016, at Rapid City.

The charge is merely an accusation and Reddy is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the U.S. Marshals Service.  Assistant U.S. Attorney Eric Kelderman is prosecuting the case.

Reddy was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has been set for May 31, 2016.

United States Attorney Randolph J. Seiler announced that a former auditor and fraud investigator for the South Dakota Department of Revenue has been indicted by a federal grand jury for Conspiracy, Wire Fraud, Bank Fraud, Money Laundering, and Tampering.

Steven Arthur Knigge, 69, of Rapid City, was indicted on March 22, 2016, and appeared before U.S. Magistrate Judge Daneta Wollmann on March 25, 2016.  He pleaded not guilty to the Indictment.

The maximum penalty upon conviction is 30 years of imprisonment and/or a $500,000 fine, followed by 5 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment charges Knigge with receiving funds fraudulently stolen from the bank accounts of unsuspecting depositors in other States.  Thereafter, Knigge transferred most, but not all, of the funds either to individuals in other States or out of the country.  Following an interview of him conducted by Internal Revenue Service and Federal Bureau of Investigation Special Agents, Knigge, who had used his South Dakota Department of Revenue computer to conduct some of the transactions, deleted thousands of emails and has been, consequently, charged with tampering with evidence.  With the assistance of the South Dakota Attorney General’s Office, the emails were recovered from Knigge’s State computer. 

“This is a significant prosecution of a public servant committing fraud against innocent citizens, and also represents a serious breach of trust each South Dakota citizen places in its government employees,” said Seiler. 

The charges are merely an accusation and Knigge is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Internal Revenue Service Criminal Investigation, and the Federal Bureau of Investigation. Assistant U.S. Attorney Ben Patterson is prosecuting the case.

Knigge was released pending trial.  A trial date has not been set.

United States Attorney Randolph J. Seiler and Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division announced that a Selby, Walworth County, South Dakota, man convicted of Sexual Exploitation of a Child and Distribution of Material Involving the Sexual Exploitation of Minors was sentenced on March 21, 2016, by U.S. District Court Judge Roberto A. Lange.

Christopher R. Jansen, age 36, was sentenced to 480 months in custody, a lifetime of supervised release, and a $200 special assessment to the Federal Crime Victims Fund.  He must also register as a sex offender and have no contact with minors as well as his victims and their immediate family.

Jansen was indicted for Sexual Exploitation of a Child, Distribution of Material Involving the Sexual Exploitation of Minors, and Possession of Child Pornography by a federal grand jury on October 15, 2014.  He pled guilty to the first two offenses on November 17, 2015.

Jansen was an attorney who has worked in Central South Dakota.  He lived and worked in Walworth County, where he maintained a law firm in Mobridge and a residence in Selby.  He was the Walworth County State’s Attorney from approximately 2009 to 2012.  Jansen had a professional attorney-client relationship with a family from Central South Dakota, and the minor victims identified in the Superseding Indictment are members of that family.  He represented the family on family law related matters.  Jansen befriended the client’s family and developed a relationship with the minors.  He visited their home, the family visited his home, and there were situations where Jansen was alone with or stayed overnight with the children.

Regarding the charge of Sexual Exploitation of a Child, Jansen engaged in repeat acts of sex with one of the children.  He had sexual encounters with the child for approximately 2 years.  He videotaped about 8 of these encounters, and maintained these videos on his media within his Selby home.  He also produced 6 to 7 images of these encounters and maintained those images on his computer media at his home.  He engaged in other sexual encounters with another minor in his client’s family, and he produced videos and images related to sexual acts and sexual contact with at least two of the minors. 

Jansen refers to himself as a pedophile and indicated he has been dealing with his attraction to and acting out upon minors for a number of years.  He knows his attraction to minors is illegal.  He admits he loses control at times and that is when he molests minors and says he sometimes satisfies his desire for children by looking at child pornography. 

Regarding the charge of Distribution of Material Involving the Sexual Exploitation of Minors, Jansen was a member of a website that is used to distribute child pornography.  The website is an online bulletin board whose primary purpose is the advertisement and distribution of child pornography.  The website requires its users to continually upload child pornography in order to gain and keep membership.   Since at least December 2013, Jansen was a member of the website and has himself distributed materials containing child pornography, including both materials that involve the family, as well as other child pornography.  On the website, Jansen indicated he was interested in boys in the age range of 5 to 12 years old.  He used an image of his client’s child as his avatar picture on the website.  Law enforcement officers observed images available on the website which establish that Jansen shared images of his client’s child, and the distribution of those materials affected interstate and foreign commerce and were distributed by the use of a computer.  Jansen came to possess other images and videos of child pornography as he liked to view images and videos of prepubescent males.  He last utilized this child pornography sharing website on approximately Sunday, July 27, 2014, before his arrest by state and federal law enforcement officers two days later on July 29, 2014.

Jansen was arrested on July 29, 2014, following searches of his home and law office.  On September 25, 2015, Jansen was sentenced in Hughes County, South Dakota, to serve 50 years in prison for two separate convictions of first degree rape.  His federal sentence on child pornography charges was ordered served concurrently to his state court rape charges.

The investigation was conducted by the Federal Bureau of Investigation, the South Dakota Division of Criminal Investigation, with assistance from the Walworth County Sheriff’s Office and the Mobridge Police Department.  Supervisory Assistant U.S. Attorney Tim Maher of the District of South Dakota and Acting Assistant Deputy Chief Keith Becker of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) prosecuted the case.  At the conclusion of his federal sentencing, Jansen was remanded to the custody of the U.S. Marshals Service for transfer back to state authorities to begin serving his state sentence.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice.  Led by U.S. Attorneys' Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.justice.gov/psc.

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United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on March 21, 2016, by U.S. District Judge Roberto A. Lange.

Lorenzo Francis Obago, age 58, was sentenced to 24 months in custody, 5 years of supervised release, and $100 special assessment to the Federal Crime Victims Fund.

Obago was indicted for Failure to Register as a Sex Offender by a federal grand jury on October 14, 2015.  He pled guilty on December 13, 2015.

On November 16, 1994, Obago was convicted and sentenced in Day County of Sexual Contact with a Child under 16.  Between June 26, 2015, and October 14, 2015, Obago, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under Federal Law, failed to properly register as a sex offender in Buffalo County.

This case was investigated by the U.S. Marshals Service.  Assistant U.S. Attorney Meghan Dilges prosecuted the case.

Obago was immediately turned over to the custody of the U.S. Marshals Service.

# # #

A South Dakota man was sentenced today to 40 years in prison for producing and distributing child pornography, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney Randolph J. Seiler of the District of South Dakota. 

Christopher R. Jansen, 35, of Selby, South Dakota, pleaded guilty on Nov. 17, 2015, to one count of sexual exploitation of a child and one count of distribution of material involving the sexual exploitation of minors.  U.S. District Judge Roberto A. Lange of the District of South Dakota sentenced Jansen today and also ordered him to serve a lifetime term of supervised release.

In connection with his plea, Jansen, who is a lawyer, admitted that he sexually abused multiple minors, who were children of one of his clients, over a period of approximately two years and produced videos and photos of the abuse.  Jansen also admitted that he was a member of an Internet website dedicated to the advertisement and distribution of child sexual exploitation material, through which he and others posted messages containing images of the sexual exploitation of children, including one of Jansen’s victims. 

Jansen was arrested on July 29, 2014, following searches of his home and law office.  On Sept. 25, 2015, Jansen was sentenced in Hughes County, South Dakota, to serve 50 years in prison for two counts of first degree rape for related conduct.

The FBI and the South Dakota Division of Criminal Investigation investigated the case with assistance from the Walworth County Sheriff’s Office and the Mobridge Police Department.  Acting Assistant Deputy Chief Keith Becker of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Supervisory Assistant U.S. Attorney Tim Maher of the District of South Dakota prosecuted the case. 

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice.  Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.justice.gov/psc.

United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on March 21, 2016, by United States District Court Judge Roberto A. Lange.

Stephen Paul Jordan, age 26, was sentenced to 60 months in custody, 4 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Jordan was initially indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on July 21, 2015.  A superseding indictment was filed on October 20, 2015.  Jordan pled guilty on January 6, 2016, to distributing 50 grams or more of methamphetamine.

During 2014 and 2015, Jordan was actively selling methamphetamine on the Rosebud Sioux Indian Reservation in South Dakota.  Jordan had individuals selling methamphetamine for him and he sold methamphetamine for others.  Jordan admitted he was present for and participated in the sale of at least 50 grams of methamphetamine.  During a search warrant executed in April of 2015 at the home in which he was residing in Mission, South Dakota, officers found Jordan, another co-conspirator, several bags of methamphetamine, marihuana, over $1,600 in U.S. currency, scales, numerous items of drug paraphernalia and a .22 caliber rifle. 

This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force and Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorneys Ted L. McBride and SaraBeth Donovan prosecuted the case.

Jordan was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.

# # #

Canistota Woman Convicted of Tax Fraud

United States Attorney Randolph J. Seiler announced that Veronica Fairchild, age 42, of Canistota, South Dakota, and Okoboji, Iowa, who was found guilty of four counts of tax fraud as a result of a federal jury trial in Sioux Falls, South Dakota, lost her appeal of the conviction.  The Eighth Circuit Court of Appeals affirmed the conviction of the District Court.

Fairchild was sentenced to 33 months in custody and ordered to pay over $214,000 in restitution to the U.S. Department of Treasury, Internal Revenue Service, for unpaid taxes. 

Fairchild was indicted by a federal grand jury on July 9, 2013.  The investigation stemmed from Fairchild’s late filing of her 2005 through 2008 income tax returns in 2010.  Bank records revealed she had failed to claim over $850,000 in income over the four-year period of time.  Fairchild claimed the unreported income she received from performing private shows as an exotic dancer was a gift.  A jury trial commenced on June 24, 2014, and completed on June 26, 2014, with the jury convicting Fairchild on all four counts of the indictment. 

On appeal, Fairchild challenged the evidence supporting her conviction, the jury instructions regarding the source of income, and the length of her sentence.  The Eighth Circuit Court of Appeals affirmed the conviction and held that the evidence was sufficient to support the jury’s finding that Fairchild knowingly and willfully underreported her income as an exotic dancer.  The Court also held that the jury instructions were proper and that the length of her sentence was reasonable. 

This case was investigated by the Internal Revenue Service Criminal Investigation Division. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.

# # #

United States Attorney Randolph J. Seiler announced that Veronica Fairchild, age 42, of Canistota, South Dakota, and Okoboji, Iowa, who was found guilty of four counts of tax fraud as a result of a federal jury trial in Sioux Falls, South Dakota, lost her appeal of the conviction. The Eighth Circuit Court of Appeals affirmed the conviction of the District Court.

Fairchild was sentenced to 33 months in custody and ordered to pay over $214,000 in restitution to the U.S. Department of Treasury, Internal Revenue Service, for unpaid taxes. 

Fairchild was indicted by a federal grand jury on July 9, 2013. The investigation stemmed from Fairchild’s late filing of her 2005 through 2008 income tax returns in 2010.  Bank records revealed she had failed to claim over $850,000 in income over the four-year period of time. Fairchild claimed the unreported income she received from performing private shows as an exotic dancer was a gift.  

A jury trial commenced on June 24, 2014, and completed on June 26, 2014, with the jury convicting Fairchild on all four counts of the Indictment. 

On appeal, Fairchild challenged the evidence supporting her conviction, the jury instructions regarding the source of income, and the length of her sentence. The Eighth Circuit Court of Appeals affirmed the conviction and held that the evidence was sufficient to support the jury’s finding that Fairchild knowingly and willfully underreported her income as an exotic dancer.  The Court also held that the jury instructions were proper and that the length of her sentence was reasonable. 

This case was investigated by the Internal Revenue Service Criminal Investigation Division. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.

United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Assaulting, Resisting, Opposing, and Impeding a Federal Officer was sentenced on March 15, 2016, by U.S. District Judge Roberto A. Lange.

John DeNoyer, age 33, was sentenced to 15 months in custody, followed by 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

DeNoyer was indicted for Assaulting, Resisting, Opposing, and Impeding a Federal Officer by a federal grand jury on July 14, 2015.  He pled guilty on December 14, 2015.

On May 31, 2015, a Rosebud Sioux Tribe Law Enforcement Services Officer responded to a report that DeNoyer was drunk and causing a disturbance in the community of North Antelope on the Rosebud Indian Reservation.  As the officer exited his vehicle and attempted to talk to DeNoyer, DeNoyer backed away and began to shake a canister of pepper spray.  The officer directed DeNoyer to drop the can, but he refused.  The officer retrieved his own pepper spray and sprayed DeNoyer, who then sprayed the officer with the can he was holding.  DeNoyer was subsequently arrested. 

This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorneys Tim M. Maher and Kirk W. Albertson prosecuted the case.

DeNoyer was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, man was charged with Criminal Contempt on February 24, 2016.

Vance TaSunke Witko, II, age 33, appeared before U.S. Magistrate Judge Mark A. Moreno on March 10, 2016, and pled not guilty to the charges.

The maximum penalty upon conviction is up to 6 months in custody and/or a $1,000 fine, and $10 to the Federal Crime Victims Fund.   

It is alleged that on February 17, 2016, Vance TaSunke Witko, II, willfully and unlawfully disobeyed a command and subpoena requiring him to appear for a court proceeding.

The charge is merely an accusation and TaSunke Witko is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services and Lower Brule Police Department.  Assistant U.S. Attorney Kirk A. Albertson is prosecuting the case.   

TaSunke Witko has been released on bond pending trial.  A trial date has not been set.

United States Attorney Randolph J. Seiler announced that a Winner, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on March 8, 2016, by U.S. District Judge Roberto A. Lange.

Dennie Stell, age 57, was sentenced to 6 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

          Stell was indicted by a federal grand jury on July 14, 2015. He pled guilty on November 17, 2015.

          The conviction arose from Stell’s failure to register and update his sex offender registration between September 1, 2014, and May 19, 2015. Stell was required to register due to his conviction in 1997 in Arkansas for Violation of a Minor.  Even though Stell knew he was to register his new address in Winner, he failed to register and update his residential registration as required by law.

          This case was investigated by the United States Marshals Service.  Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.

          Stell was immediately turned over to the custody of the U.S. Marshals Service.

# # #

United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on March 11, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Christopher Bald Eagle, age 61, was sentenced to 2 years of probation, to include 100 hours of community service, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

          Bald Eagle was indicted for the charge on October 20, 2015, and pleaded guilty on December 4, 2015.

          The conviction stems from Bald Eagle failing to register as a convicted sex offender between August 12, 2015, and September 27, 2015.

          This case was investigated by the U.S. Marshals Service.  Assistant U.S. Attorney Eric Kelderman prosecuted the case.

# # #

United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.

Odell Thomas Goodshield, Jr., age 56, was indicted on February 17, 2016.  He appeared before U.S. Magistrate Judge Mark A. Moreno on March 8, 2016, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, a mandatory minimum of 5 years up to life of supervised release, and a $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

It is alleged that between January 6, 2016, and January 28, 2016, Goodshield, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under Federal Law, failed to properly register as a sex offender in Pennington County and elsewhere.  On June 14, 1999, Goodshield was sentenced to 188 months in federal custody for Aggravated Sexual Abuse of a Minor, and as a result of this conviction, he is required to register as a sex offender. 

The charge is merely an accusation and Goodshield is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the U.S. Marshals Service.  Assistant U.S. Attorney Carrie G. Sanderson is prosecuting the case.   

Goodshield was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has not been set.

###

United States Attorney Randolph J. Seiler announced that a Van Wert, Ohio, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on March 1, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Donald E. Lewis, age 52, was sentenced to 30 months of imprisonment, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

          Lewis was charged on September 15, 2015, and pleaded guilty on November 20, 2015.

          The conviction stems from Lewis, a previously convicted felon, knowingly possessing a Colt, .45 caliber pistol and methamphetamine while driving near the Fort Meade Recreational Area.

          This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the U.S. Department of Interior, Bureau of Land Management.  Assistant U.S. Attorney Ben Patterson prosecuted the case.

Lewis was immediately turned over to the custody of the U.S. Marshals Service.                                       

# # #

United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Assaulting, Opposing, Resisting, and Impeding a Federal Officer, Assault by Strangulation and Suffocation, and Child Abuse.

Patrick Medearis, age 32, was indicted on January 21, 2016.  He appeared before U.S. Magistrate Judge Mark A. Moreno on March 8, 2016, and pled not guilty to the Indictment.

The maximum penalty upon conviction for assaulting an officer is up to 20 years in custody and/or a $250,000 fine.  The maximum penalty upon conviction of strangulation is 10 years in custody and/or a $250,000 fine.  The maximum penalty upon conviction of child abuse is up to 15 years in custody and/or a $250,000 fine.  Each count also carries the possibility of 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

It is alleged that on October 31, 2015, Patrick Medearis unlawfully assaulted an intimate dating partner by strangling and suffocating the victim.  The alleged incident occurred in the presence of a child who had not attained the age of seven.  An arrest warrant was issued based on this incident.  It is alleged that on November 28, 2015, Medearis attempted to assault a law enforcement officer with a knife, while the officer was attempting to serve the arrest warrant.

The charges are merely accusations and Medearis is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk W. Albertson is prosecuting the case.   

Medearis was remanded to the custody of the U.S. Marshals Service pending trial.  Trial is set to begin on March 29, 2016.

###

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Mailing Threatening Communication.

Gaylen Paul Sampson, a/k/a Thurman Paul Sampson, age 41, was indicted on March 8, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 9, 2016, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that on or about December 17, 2015, at Hughes County, South Dakota, Sampson deposited in an authorized depository for mail matter to be sent and delivered by the U.S. Postal Service, and knowingly caused to be delivered by the U.S. Postal Service according to the direction thereon, a written communication containing a threat to injure the victim.  

The charges are merely an accusation and Sampson is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.   

Sampson was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.

###

United States Attorney Randolph J. Seiler announced that a Colorado man convicted of Possession with Intent to Distribute a Controlled Substance and Aiding and Abetting was sentenced on March 7, 2016, by U.S. District Judge Roberto A. Lange.

Brandon Jeraye Trejo, age 23, was sentenced to 48 months in custody, 3 years of supervised release, a $1,000 fine, a $100 special assessment to the Federal Crime Victims Fund, and forfeiture of $14,902 in cash.

          Trejo was indicted by a federal grand jury on December 9, 2014.  He pled guilty on December 14, 2015.

          The conviction arose from a November 14, 2014, incident when a South Dakota Highway Patrol Trooper stopped a vehicle in which Trejo was a passenger.  As part of the traffic stop, the vehicle was searched and a duffel bag was found.  Inside the duffel bag the trooper found arrest and bond papers for Trejo, as well as a vacuum-sealed bag that contained a package sealed with black tape.  When the trooper opened the package, he observed that it contained several Ziploc bags.  The Ziploc bags held 14.562 ounces of methamphetamine.  Also, $11,802 was found in another passenger’s purse and $3,100 was found in a package of diapers in the vehicle.

          This case was investigated by the South Dakota Highway Patrol, and the Northern Plains Safe Trails Drug Enforcement Task Force.  Assistant U.S. Attorney Jay Miller prosecuted the case.

          Trejo was immediately turned over to the custody of the U.S. Marshals Service.

# # #

United States Attorney Randolph J. Seiler announced that a Colorado man convicted of two counts of Possession with Intent to Distribute a Controlled Substance was sentenced on March 7, 2016, by U.S. District Judge Roberto A. Lange.

Nathan Van Weeda, age 44, was sentenced to 51 months in custody, 3 years of supervised release, a $100 special assessment to the Federal Crime Victims Fund, and forfeiture of $1,327 in cash, a stun gun, two cell phones, and an iPod Touch.

          Weeda was indicted by a federal grand jury on October 15, 2014.  He pled guilty on December 7, 2015.

          The conviction arose from an October 1, 2014, incident when a South Dakota Highway Patrol Trooper stopped a vehicle for speeding.  Weeda was the driver.  When the trooper made contact with Weeda, he smelled the odor of burnt marijuana coming from within the vehicle and saw a marijuana pipe in plain view on the console area.  The trooper advised Weeda that he would just issue him a warning.  While Weeda was talking to the trooper, Weeda appeared to be overly nervous for someone being issued only a warning ticket.  The trooper learned that Weeda did not have a driver’s license and told Weeda he would be cited for No Valid Driver License. 

          Weeda admitted the marijuana pipe in the vehicle belonged to him, but said it was legal in Colorado.  He denied having any marijuana in the car.  The trooper searched the vehicle and found various drug paraphernalia, which included seven baggies of methamphetamine totaling 6.8 ounces.  When Weeda was arrested, the trooper located $1,327 in cash in Weeda’s front pocket.  Before he left for jail, Weeda turned over a plastic bag that contained methamphetamine from the inside pocket of his jeans.

          This case was investigated by the South Dakota Highway Patrol.  Assistant U.S. Attorney Jay Miller prosecuted the case.

          Weeda was immediately turned over to the custody of the U.S. Marshals Service.

# # #

United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for two counts of Assaulting, Resisting, Opposing and Impeding a Federal Officer.

Alvin Chambers, age 36, was indicted on February 23, 2016.  He appeared before U.S. Magistrate Judge Mark A. Moreno on February 29, 2016, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund for each count.  Restitution may also be ordered.

It is alleged that on February 19, 2016, in Pierre, South Dakota, Alvin Chambers used a vehicle to forcibly assault a Deputy U.S. Marshal and a Pierre Police Officer.

The charge is merely an accusation and Chambers is presumed innocent until and unless proven guilty. 

The investigation is being conducted by numerous agencies including the Federal Bureau of Investigation, the U.S. Marshals Service, the S.D. Division of Criminal Investigation and the Pierre Police Department.  Assistant U.S. Attorney Sarah Collins is prosecuting the case.   

Chambers was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has not been set.

United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance, Discharging a Firearm during a Drug Trafficking Offense, and Possession of Firearm by a Prohibited Person.  A Rapid City woman was also indicted for Conspiracy to Distribute a Controlled Substance.

Nomar Ucha, age 26, and Jenna Holzer, age 31, were indicted on February 23, 2016.  Ucha and Holzer appeared before U.S. Magistrate Judge Daneta Wollmann on February 26, 2016, and pleaded not guilty to the Indictment.

The penalty upon conviction for Ucha is at least 10 years and up to life in custody and/or a $250,000 fine, and 5 years of supervised release.  The penalty upon conviction for Holzer is at least 5 years, but no more than 40 years, in custody and/or a $250,000 fine.  Restitution may also be ordered for both of them.

The charges relate to Ucha and Holzer conspiring to distribute 50 grams or more of methamphetamine between November 1, 2015, and February 23, 2016, in South Dakota.  Ucha also discharged a .45 caliber pistol in Rapid City on December 4, 2015, and then was found with pistols, a revolver, and a rifle in his possession on December 15, 2015.

The charges are merely accusations and Ucha and Holzer are presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Unified Narcotics Enforcement Team, U.S. Drug Enforcement Administration, South Dakota Division of Criminal Investigation, Rapid City Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.

Ucha and Holzer were remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has been set for May 3, 2016.

United States Attorney Randolph J. Seiler announced that a Halliday, North Dakota, man convicted of False Claim was sentenced on March 4, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Karl Jakob Knutson, age 28, was sentenced to 12 months of imprisonment, followed by 3 years of supervised release, ordered to pay a $100 special assessment to the Federal Crime Victims Fund, and a fine of $7,380.04.

Knutson was charged on May 19, 2015, and pleaded guilty on November 20, 2015.

The conviction stems from Knutson falsely claiming to the Farm Service Agency to have lost 129 head of cattle during the October 2013 winter storm Atlas, knowing he had lost no more than 13.

This case was investigated by the Office of Inspector General, U.S. Department of Agriculture.  Assistant U.S. Attorney Ben Patterson prosecuted the case.

United States Attorney Randolph J. Seiler announced that a Bloomington Prairie, Minnesota, man convicted of Possession of an Unregistered Firearm was sentenced on February 26, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Nathaniel Bachelder, age 35, was sentenced to time served, of approximately 7 months in federal custody, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Bachelder was indicted for the charge on March 17, 2015, and pled guilty on November 6, 2015.

The conviction stems from Bachelder possessing an unregistered destructive device, more specifically, a zip gun, which is a homemade slam-type weapon consisting of two sections of pipe, while traveling through Mt. Rushmore on December 14, 2014.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the National Park Service Law Enforcement Rangers.  Assistant U.S. Attorney Eric Kelderman prosecuted the case.

United States Attorney Randolph J. Seiler announced that a Manderson, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse and Assault of Intimate Partner by Strangulation.

Nolan White Butterfly, a/k/a Nolan Angel, age 23, was indicted on February 23, 2016.  White Butterfly appeared before U.S. Magistrate Judge Daneta Wollmann on February 26, 2016, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is life in custody and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charges relate to White Butterfly sexually assaulting and strangling a female on November 12, 2015, near Manderson.

The charges are merely accusations and White Butterfly is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.  Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.   

White Butterfly was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has been set for May 3, 2016.

United States Attorney Randolph J. Seiler announced that an Allen, South Dakota, man convicted of Sexual Abuse of a Minor was sentenced on March 4, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Edgar James Brown Bear, age 39, was sentenced to 10 years of imprisonment, followed by 10 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.  He will also be required to register as a sex offender.

Brown Bear was charged on May 19, 2015, and pleaded guilty on August 14, 2015.

The conviction stems from Brown Bear sexually abusing a fourteen year-old girl at Allen.

This case was investigated by the Federal Bureau of Investigation.  Assistant U.S. Attorney Ben Patterson prosecuted the case.

Brown Bear was immediately turned over to the custody of the U.S. Marshals Service. 

United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.

Leslie White Calf, age 33, was indicted on February 23, 2016.  White Calf appeared before U.S. Magistrate Judge Veronica L. Duffy on March 2, 2016, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is 10 years of imprisonment and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charges relate to White Calf assaulting a woman at Pine Ridge. The charges are merely an accusation and White Calf is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.

White Calf was released pending trial.  A trial date has not been set.

United States Attorney Randolph J. Seiler announced that a Batesland, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on February 29, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

William Morrisette, age 26, was sentenced to 14 months in custody, 2 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Morrisette was indicted for the charge on October 20, 2015, and pled guilty on November 13, 2015.

The conviction stems from Morrisette being in possession of a Ruger 9mm handgun on August 23, 2015, near Pine Ridge, after having been previously convicted of a felony assault on a federal officer.

This case was investigated by the Federal Bureau of Investigation, Bureau of Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, and the Bureau of Alcohol, Tobacco, Firearms & Explosives.  Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.

Morrisette was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announced that a Flandreau, South Dakota, woman convicted of assault was sentenced on February 29, 2016, by U.S. District Judge Karen E. Schreier.

Christina Weston, a/k/a Christina Anderson, age 41, was sentenced to 30 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Weston was indicted for Assault Resulting in Serious Bodily Injury by a federal grand jury on May 5, 2015.  She pled guilty on October 7, 2015.

In April of 2015, Weston assaulted her husband causing him serious bodily injury.

This case was investigated by Federal Bureau of Investigation.  Assistant U.S. Attorney Connie Larson prosecuted the case.

Weston was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assault Resulting in Substantial Bodily Injury to an Intimate Partner.

Emmanuel Gomez, a/k/a Manny Gomez, age 28, was indicted on February 17, 2016.  He appeared before U.S. Magistrate Judge Mark A. Moreno on February 29, 2016, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about November 22, 2015, Gomez unlawfully committed a domestic assault upon his spouse, intimate partner, or dating partner and said assault resulted in substantial bodily injury.

The charge is merely an accusation and Gomez is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Jay Miller is prosecuting the case.   

Gomez was released on bond pending trial.  A trial date has not been set.

United States Attorney Randolph J. Seiler announced that an Agency Village, South Dakota, man has been charged with an Information for Assault by Striking, Beating, and Wounding; Assaulting, Resisting, and Impeding a Federal Officer; and Simple Assault.

Javier Arteaga, age 38, was charged on January 22, 2016.  He appeared before U.S. Magistrate Veronica L. Duffy on February 25, 2016, and pled not guilty to the Information.

The maximum penalty upon conviction is up to one year in custody and/or a $100,000 fine, one year of supervised release, and up to $60 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Information alleges that on or about July 5, 2015, Arteaga unlawfully assaulted his spouse by striking, beating, and wounding her.  The Information also alleges that on or about November 4, 2015, Arteaga forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with a law enforcement officer while the officer was employed by the Sisseton Wahpeton Oyate Law Enforcement.  Arteaga is also alleged to have committed the offense of simple assault on his spouse on or about November 4, 2015.

The charges are merely accusations and Arteaga is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Federal Bureau of Investigation.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case.   

Arteaga was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has not been set.