District of South Dakota

United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Attempted Sexual Exploitation of a Minor, Attempted Enticement of a Minor Using the Internet, and Transfer of Obscene Material to a Minor.

Nathan Johnross Weibel, age 31, was indicted on February 23, 2016.  Weibel appeared before U.S. Magistrate Judge Daneta Wollmann on February 24, 2016, and pleaded not guilty to the Indictment.

The penalty upon conviction is a mandatory minimum of 15 years up to life imprisonment and/or a $250,000 fine, 5 years up to lifetime supervised release, $100 to the Federal Crime Victims Fund, and a $5,000 assessment if Weibel is found by the Court not to be indigent.  Restitution may also be ordered.

The charges relate to Weibel attempting to have multiple underage females send him sexually explicit photographs and engage in sexual activity, and for sending obscene material to them via the internet.

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

The investigation is being conducted by the Internet Crimes Against Children Taskforce.  Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.

Weibel was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has been set for April 19, 2016.

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

Shawn Traversie, age 31, was indicted on February 17, 2016. He appeared before U.S. Magistrate Judge Mark Moreno on February 19, 2016, and pled not guilty to the Indictment.

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

The Indictment alleges that on November 30, 2015, Traversie unlawfully assaulted the victim with a belt and buckle.  The Indictment also alleges that on December 10, 2015, Traversie unlawfully committed a domestic assault upon the victim, his spouse, that resulted in substantial bodily injury.

The charges are merely an accusation and Traversie 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.   

Traversie 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 Rosebud, South Dakota, woman has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.

Tianna Arellano, age 29, was indicted on February 17, 2016.  She appeared before U.S. Magistrate Judge Mark A. Moreno on February 19, 2016, and pled not guilty to the Indictment.

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

The Indictment alleges that on or about December 26, 2015, Tianna Arellano assaulted an individual with a knife with intent to do bodily harm and that said assault resulted in serious bodily injury.

The charges are merely an accusation and Arellano 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.   

Arellano 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 Rosebud, South Dakota, man has been indicted by a federal grand jury for Assaulting a Federal Officer.

Dustin Bear Heels, age 27, was indicted on February 17, 2016.  He appeared before U.S. Magistrate Judge Mark A. Moreno on February 19, 2016, and pled not guilty to the Indictment.

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

The Indictment alleges that on or about February 2, 2016, Dustin Bear Heels assaulted a Federal Officer by using a dangerous weapon and inflicting bodily injury.

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

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

Bear Heels 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 McLaughlin, South Dakota, man has been indicted by a federal grand jury for Child Abuse.

Fritz Wallace Eagle Shield, III, age 40, was indicted on February 17, 2016. He appeared before U.S. Magistrate Judge William D. Gerdes on February 19, 2016, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 15 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 27, 2015, Eagle Shield abused, exposed, tortured, tormented, and cruelly punished a child who had not attained the age of seven.

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

The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case.   

Eagle Shield was released on bond 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 Assaulting, Resisting, Opposing and Impeding a Federal Officer.

Norman Blue Coat, age 32, was indicted on February 17, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 19, 2016, and pled not guilty to the Indictment.

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

The Indictment alleges that on or about November 11, 2015, at Eagle Butte, Blue Coat, Jr., forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with an officer from the Cheyenne River Sioux Tribe, resulting in the infliction of bodily injury to the officer.  The alleged incident happened while the officer was employed with the Cheyenne River Sioux Tribe, assigned to perform law enforcement functions, and was engaged in his official duties.

The charge is merely an accusation and Blue Coat, Jr., 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.   

Blue Coat, Jr., 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 Dupree, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.

Orville Belt, Jr., age 41, was indicted on February 17, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 19, 2016, and pled not guilty to the Indictment.

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

The Indictment alleges that on or about January 1, 2016, at Dupree, Belt unlawfully assaulted the victim with shod feet, resulting in serious bodily injury to the victim.

The charges are merely an accusation and Belt 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.   

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

SALT LAKE CITY – A two-count indictment unsealed Tuesday afternoon in U.S. District Court in Salt Lake City charges 11 leaders and members of the Fundamentalist Church of Jesus Christ of Latter-day Saints (FLDS Church) with conspiracy to commit Supplemental Nutrition Assistance Program (SNAP) benefits fraud and conspiracy to commit money laundering.  The defendants include leaders of the church.

The indictment alleges church leaders diverted SNAP proceeds from authorized beneficiaries to leaders of the FLDS Church for use by ineligible beneficiaries and for unapproved purposes. A large percentage of FLDS Church members living in the Hildale,Utah – Colorado City, Arizona, community known as Short Creek receive SNAP benefits, amounting to millions of dollars in benefits per year.

Charged in the indictment are Lyle Steed Jeffs, age 56, John Clifton Wayman, age 56, Kimball Dee Barlow, age 51, Winford Johnson Barlow, age 50, Rulon Mormon Barlow, age 45, Ruth Peine Barlow, age 41, and Preston Yates Barlow, age 41, all of Hildale; Seth Steed Jeffs, age 42, of Custer, South Dakota; and Nephi Steed Allred, Hyrum Bygnal Dutson, age 55, and Kristal Meldrum Dutson, age 55, all of Colorado City.   Lyle Jeffs is the brother of Warren Jeffs.  In the physical absence of Warren Jeffs, Lyle Jeffs handles the daily affairs of the organization, including its financial matters.  Another of Warren Jeffs’ brothers, Seth Jeffs, leads a congregation of FLDS members in rural Custer County, South Dakota.  Arrest warrants were issued for all defendants charged in the indictment.

“This indictment is not about religion.  This indictment is about fraud,” U.S. Attorney John W. Huber said today.  “This indictment charges a sophisticated group of individuals operating in the Hildale-Colorado City community who conspired to defraud a program intended to help low-income individuals and families purchase food.”  

Washington County Sheriff Cory Pulsipher, who helped initiate the investigation and has officers participating on the FBI’s Public Corruption Task Force, emphasized the role his local investigators played in starting the investigation. “What started as a small investigation quickly grew to a point where it was important to work with federal agencies to build a case to present to a grand jury.”  Washington County Attorney Brock R. Belnap, whose office also participated in the investigation, will participate in prosecuting the case as a Special Assistant U.S. Attorney.

Arrest warrants were executed Tuesday morning in Salt Lake City, in the FLDS community encompassing Hildale, Utah and Colorado City, Arizona, and in Custer County, South Dakota. The case is being investigated by the FBI, Washington County Sheriff’s Office,  IRS Criminal Investigation, the U.S. Department of Agriculture’s Office of Inspector General, and the Washington County Attorney’s Office. The Arizona Department of Economic Security, the Mohave Sheriff’s Office, the FBI’s Minneapolis and Phoenix Field Offices, and the U.S. Attorney’s Office in South Dakota assisted with the case.  Custer County, South Dakota Sheriff Rick Wheeler also assisted with the investigation and arrests Tuesday.    

“Today’s indictment is the culmination of the tireless efforts of the FBI Public Corruption Task Force, which includes the IRS-Criminal Investigation, the U.S. Department of Agriculture’s Office of Inspector General, the Washington County Sheriff’s Office and the Washington County Attorney’s Office. The violations included in the indictment are especially egregious since they allege that leaders of the conspiracy directed others to commit crimes, for which only certain people benefited.  This type of conduct represents nothing less than pure theft.  The FBI and its law enforcement partners will actively pursue those entities or persons who unlawfully manipulate and control government programs for their own gain,” Eric Barnhart, Special Agent in Charge of the FBI’s Salt Lake City Field Office said today.

"IRS Criminal Investigation uses its financial expertise to unravel complex financial transactions and money laundering schemes designed to conceal the true source of funds," stated Acting Special Agent in Charge Aimee Schabilion.  "We are committed to working with our federal agency partners in combatting frauds against the government."

Washington County Attorney Brock R. Belnap, who will help prosecute the case, expressed appreciation for the efforts of the many agencies involved in the investigation.  "I am grateful for the numerous partners who have worked diligently on this case.  It is our shared hope that this action will help innocent families receive the food assistance that they genuinely need while holding people accountable who conspire to divert those resources to illegal purposes."

Special Agent in Charge Lori Chan, Office of Inspector General (OIG) of the U.S. Department of Agriculture (USDA), Western Region, stated,  “Protecting the integrity of the Supplemental Nutrition Assistance Program (SNAP) is a major investigative priority for the Office of Inspector General.  Vendors who engage in SNAP fraud exploit the program’s needy beneficiaries, and misuse the substantial funding that taxpayers provide.   OIG is dedicated to ensuring SNAP funds are used for their intended purpose – feeding individuals and families. We look forward to continuing to work with our law enforcement partners to combat SNAP fraud.”

The U.S. Department of Agriculture’s Food and Nutrition Service operates the SNAP program to provide assistance to low-income individuals and families to purchase food products.  The authority to determine eligibility and to certify individual SNAP recipients who qualify for the program is delegated to individual states.  Persons in need of benefits apply with the appropriate state agency.  Approved applicants receive an Electronic Benefits Transaction Card (EBT card), similar to a bank debit card, that is linked to a SNAP account. EBT cards have a  magnetic strip containing recipient information and the benefit amount. When a recipient presents a SNAP EBT card to a retailer to pay for eligible food items, the retailer debits funds from the recipient’s available SNAP benefits. SNAP benefits apply only to the purchase of eligible food items. Recipients cannot exchange their benefits for non-food items, household goods or cash. Only members of the recipient household may use the program benefits.

The indictment alleges that starting in about 2011, FLDS leaders, including Lyle Jeffs, instituted the “United Order” within the ranks of the Church.  Participation in the United Order purports to constitute the highest level of worthiness and spiritual preparedness in the church.  Devout FLDS members aspire to eligibility in the United Order.  Adherents to the United Order must donate all of their material assets to the FLDS Storehouse, a communal clearinghouse charged with collecting and disbursing commodities to the community.  United Order policy also dictates that members must obtain their food and household commodities solely through the FLDS Storehouse, according to the indictment. 

The indictment alleges that the defendants engage in a variety of overt acts in furtherance of a conspiracy to defraud the SNAP program by diverting SNAP proceeds from authorized beneficiaries to leaders of the FLDS Church for use by ineligible beneficiaries and for unapproved purposes.  Church leaders, including Lyle Jeffs, Seth Jeffs, John Wayman and Kimball Barlow, held meetings in which they disseminated storehouse protocols, according to the indictment.  These protocols dictated methods for unlawfully diverting SNAP benefits to the FLDS Storehouse as well as instruction on how to avoid suspicion and detection by the government, according to the indictment.   

FLDS members transferred their SNAP benefits to FLDS controlled stores without receiving eligible food products at the time of the transactions. For example, on Oct. 16, 2015, an FLDS member conducted a SNAP transaction for $800 without receiving eligible food products at the time of the transaction.  On one occasion, John Wayman collected EBT cards from legitimate beneficiaries, provided the cards to another individual, and directed that person to use the SNAP funds to purchase food and goods for non-eligible persons.

SNAP fraud proceeds also financed ineligible purposes.  For example, the indictment alleges that in March 2015, using SNAP fraud proceeds, Kimball Barlow signed a check for $16,978 to Orchid’s Paper Products Company for the purchase of paper products. During the period May 31, 2013, through September 22, 2014, the indictment alleges Ruth Barlow signed five checks totaling $13,561 made payable to John Deere Financial.  The SNAP fraud proceeds were used for installment payments on a 2013 John Deere load tractor.  SNAP fraud proceeds were also used for 16 checks totaling $30,236 payable to Ford Motor Credit for installment payments on a 2012 Ford F-350 purchased by Winford Barlow about Sept. 29, 2012.

The money laundering count of the indictment alleges the defendants conspired to conceal and disguise the nature, location, source, ownership and control of proceeds of a specified unlawful activity while conducting or attempting to conduct financial transactions.  The indictment also seeks a money judgment equal to the value of the proceeds traceable to the alleged criminal offenses.                   

The potential penalty for conspiracy count is five years in prison.  The money laundering count carries a potential penalty of 20 years in prison.

An indictment is not a finding of guilt. Individuals charged in an indictment are presumed innocent unless or until proven guilty in court.

Lyle Steed Jeffs and John Clifton Wayman were arrested Tuesday morning in Salt Lake City.  They are scheduled to make an initial appearance on the charges Wednesday at 10 a.m. in Room 7.1 of the federal courthouse in Salt Lake City.

Seth Steed Jeffs was arrested Tuesday morning in Custer County, South Dakota, and will have an initial appearance in federal court in South Dakota. 

Defendants arrested Tuesday in the Hildale – Colorado City area will appear Wednesday at 10 a.m. in federal court in St. George.  At this time, Ruth Peine Barlow and Kristal Meldrum Dutson have been taken into custody. (Will update through the day.)

United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, woman convicted of Theft of Government Property was sentenced on February 16, 2016, by U.S. District Court Judge Roberto A. Lange.

Denise Sanchez, age 21, was sentenced to time served in custody, 2 years of supervised release, $100 special assessment to the Federal Crime Victims Fund, and $1,809.25 restitution.

Denise Sanchez was indicted for Theft of Government Property by a federal grand jury on September 9, 2015.  She pled guilty on December 2, 2015.

On August 25, 2015, Sanchez was arrested for being intoxicated while pregnant and was transported to the Indian Health Services Hospital in Rosebud, South Dakota, for a medical evaluation.  Sanchez left the hospital and went to the Community Health Representatives Program Building next to the hospital where she stole a microwave and several food items.  Sanchez found keys to a Dodge Durango owned by the Community Health Representatives Program and drove away in the vehicle.  Sanchez was located in Valentine, Nebraska the following day and the stolen items were recovered.

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

Sanchez has criminal charges pending in Cherry County, Nebraska, and she will be released to authorities in Cherry County.

United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on February 16, 2016, by U.S. District Roberto A. Lange.

Julie Little Thunder, age 38, was sentenced to 87 months in custody, 4 years of supervised release, $100 to the Federal Crime Victims Fund and forfeiture of $1,640 in cash.

Little Thunder was indicted by a federal grand jury on May 19, 2015. She pled guilty to the Indictment on December 1, 2015.

On April 9, 2015, a search warrant was executed at Little Thunder’s residence in Todd County, South Dakota. Little Thunder was located in a bedroom in the residence that contained a safe with $1,640 in cash and 34 grams of methamphetamine.  The investigation revealed that beginning in 2013, Little Thunder received distributable quantities of methamphetamine from outside suppliers.  Little Thunder and her suppliers knew she would distribute the methamphetamine in South Dakota.  Over the course of the conspiracy, Little Thunder distributed more than 500 grams of methamphetamine in South Dakota. 

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

Little Thunder 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 convicted of Assault Resulting in Substantial Bodily Injury to an Intimate Partner was sentenced on February 16, 2016, by U.S. District Judge Roberto A. Lange.

Andrew High Bear, age 38, was sentenced to 5 months in custody, 2 years of supervised release, and $100 special assessment to the Federal Crime Victims Fund.

High Bear was indicted for Assault with a Dangerous Weapon and Assault Resulting in Substantial Bodily Injury to an Intimate Partner by a federal grand jury on August 11, 2015. He pled guilty to Assault Resulting in Substantial Bodily Injury to an Intimate Partner on November 30, 2015.

The conviction arose from a May 21, 2015, incident at Eagle Butte, SD, when the victim said something that angered High Bear. High Bear went to strike the victim as she lay on the bed. To shield herself, the victim rolled on her side and put her arms over her head. High Bear hit the victim at least twice on the back of the head so hard that each time she was hit, the victim saw a flash of light. Her head began to bleed. Because she was facing away from High Bear, the victim was unable to see if High Bear had an object or weapon in his hand while he was hitting her. When the victim attempted to flee, High Bear grabbed her arm to stop her, causing bruising on her upper right arm. The victim pulled away and went to a neighbor’s house to call for help. When the Cheyenne River Sioux Tribe Police responded and entered the apartment, they saw a sharp spoon lying on the ground with what appeared to be blood on it. The victim had a laceration to the back of her head.

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

High 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 Resulting in Serious Bodily Injury.

John Andrew Red Cloud, age 47, was indicted on December 15, 2015.  Red Cloud appeared before U.S. Magistrate Judge Daneta Wollmann on February 12, 2016, and pleaded not guilty to the Indictment.

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

The charge relates to Red Cloud assaulting a female on June 15, 2015, at Pine Ridge.

The charge is merely an accusation and Red Cloud 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 Eric Kelderman is prosecuting the case.

Red Cloud was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has been set for April 19, 2016.

###

United States Attorney Randolph J. Seiler announced that a Piedmont, South Dakota, man has pleaded guilty in federal court to Failure to Withhold, Properly Account For, and Pay Over Tax and Concealment of Bankruptcy Assets.

Bernard Haag, age 57, was charged on January 26, 2016.  He appeared before U.S. Magistrate Judge Daneta Wollmann on February 12, 2016, and pleaded guilty pursuant to a plea agreement reached with federal prosecutors.  The maximum penalty for each count is 5 years of imprisonment, a $250,000 fine, or both, 3 years of supervised release, and a $100 assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charges relate to Haag willingly failing to pay over taxes and concealing income from a bankruptcy trustee.  The investigation was conducted by the Internal Revenue Service Criminal Investigation Division.   Assistant U.S. Attorney Ben Patterson is prosecuting the case.  

Haag was released during the pendency of the proceedings.     ##

United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on February 16, 2016, by U.S. District Court Judge Roberto A. Lange.

Richard Peneaux, age 22, was sentenced to 12 months and 1 day in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Peneaux was indicted for Failure to Register as a Sex Offender by a federal grand jury on August 11, 2015.  He pled guilty on December 2, 2015.

On March 4, 2014, Peneaux pled guilty to Sexual Abuse of Minor, requiring him to register as a sex offender.  Between June 13, 2015, and August 11, 2015, Peneaux, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under Federal Law, failed to properly register as a sex offender in Pennington County and elsewhere.

This case was investigated by the U.S. Marshals Service and the South Dakota Division of Criminal Investigation.  Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.

Peneaux 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 February 16, 2016, by U.S. District Roberto A. Lange.

William Paul Whiting, age 42, was sentenced to 120 months in custody, 5 years of supervised release, and $100 to the Federal Crime Victims Fund.

Whiting was indicted by a federal grand jury on July 21, 2015. He pled guilty on December 1, 2015. The drug quantity attributed to Whiting as a part of his role in the narcotics trafficking conspiracy was between 500 grams and 1.5 kilograms of methamphetamine.

During 2014 and up until his arrest in July of 2015, Whiting was a daily user of methamphetamine. To support his habit, Whiting routinely purchased and sold methamphetamine himself. At one point during that time, Whiting distributed three to four 8-balls (3.54 grams) of methamphetamine daily, seven days a week, or until he ran out. Whiting also recruited two or more individuals who acted as subordinates and distributed methamphetamine for him on the Rosebud Sioux Reservation.

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

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

# # #

United States Attorney Randolph J. Seiler announced that a Hot Springs, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on February 11, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Curtis Bennett, age 55, was sentenced to 1 day in custody, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Bennett was charged on July 21, 2015, and pleaded guilty on October 16, 2015.

The conviction stems from Bennett, a previously convicted felon, knowingly and unlawfully being in possession of a Smith & Wesson, model 10, .38 caliber revolver.

This case was investigated by the Bureau of Alcohol, Tobacco, Explosives, and Firearms and the Rapid City Police Department.  Assistant U.S. Attorney Ben Patterson prosecuted the case.

United States Attorney Randolph J. Seiler announced that a Todd County, South Dakota, man convicted of Abusive Sexual Contact was sentenced on February 8, 2016, by U.S. District Court Judge Roberto A. Lange.

Glenford Old Lodge, age 26, was sentenced to 60 months in custody, 5 years of supervised release, a $100 special assessment to the Federal Crime Victims Fund, and $149.50 restitution.

Old Lodge was indicted for Aggravated Sexual Abuse and Sexual Contact by a federal grand jury on April 14, 2015.  He pled guilty to a superseding information charging Abusive Sexual Contact on November 17, 2015.

On or about April 6, 2014, Old Lodge went to the home of the victim in Mission, who was an acquaintance. He entered the victim’s home while she was asleep in her bed, and removed her pajama bottoms and touched her genitalia.  The victim awoke and kicked and screamed at him, and he fled her home.  She reported the matter to the local authorities and a tribal arrest warrant was issued for Old Lodge’s arrest. 

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

Old Lodge is currently serving a sentence in an unrelated State case and will begin serving his Federal sentence once his State sentence is complete.

United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man convicted of Use of Interstate Facilities to Transmit Information About a Minor was sentenced on February 8, 2016, by U.S. District Court Judge Karen E. Schreier.

Scott Robert Larson, age 30, was sentenced to 24 months in custody, 5 years of supervised release, and $100 to the Crime Victims Assistance Fund.

Larson was indicted for the charge by a federal grand jury on June 2, 2015.  He pled guilty on November 18, 2015.

Larson responded to an advertisement on the Internet website of Backpage.com, which was part of a sting operation.  Using his cell phone to send text messages, Larson agreed to meet at a location in Sioux Falls to have sex with a fictitious 15 year-old girl.  Law enforcement officers arrested Larson after he left the scene.  They found the cell phone used for the text messages, as well as cash and marijuana in his car.

This case was investigated by the South Dakota Internet Crimes Against Children (ICAC) task force.  Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.

Larson was ordered to self-surrender on February 29, 2016.

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

Bradley Makes Room For Them, age 31, was sentenced to 18 months in custody, 5 years of supervised release, and $100 special assessment to the Federal Crime Victims Fund.

Makes Room For Them was indicted for Failure to Register as a Sex Offender by a federal grand jury on August 11, 2015.  He pled guilty on December 22, 2015.

In September 2003, Makes Room For Them pled guilty to Aggravated Sexual Abuse.  Between May 12, 2015, and July 17, 2015, Makes Room For Them, 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 Todd County.

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

Makes Room For Them 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 convicted of Child Abuse was sentenced on February 8, 2016, by U.S. District Judge Roberto A. Lange.

Eric Brown, age 42, was sentenced to 24 months in custody, 2 years of supervised release, and $100 special assessment to the Federal Crime Victims Fund.

Brown was indicted for Aggravated Sexual Abuse of a Child and Child Abuse by a federal grand jury on July 14, 2015. He pled guilty to Child Abuse on November 16, 2015.

On January 17, 2015, Cheyenne River Sioux Tribe Law Enforcement was contacted by an employee at the Ampride gas station in Eagle Butte, regarding an intoxicated person driving a gold Buick Regal with a small child in the car.  An officer observed the vehicle swerve towards the center line and then correct its course, so he initiated a traffic stop on the vehicle.  The driver was Brown, and the passenger was a 5-year old child.

The child was not wearing a seatbelt and was not otherwise secured in the vehicle.  The officer conducted an investigation and arrested Brown for driving under the influence (DUI).

There were previous times when Brown drove while intoxicated with that same child in the car.  On July 25, 2014, Brown was arrested for DUI, and the same 5-year-old child was in the vehicle with Brown at that time.

This case was investigated by the Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.

Brown 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 Failure to Register as a Sex Offender.

Kenneth Bowker, Jr., age 20, was indicted on January 21, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 5, 2016, and pled not guilty to the Indictment.

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

The Indictment alleges that between August 4, 2015, and September 15, 2015, Bowker, who is required to register under the Sex Offender Registration and Notification Act, and who is a sex offender by reason of a conviction under federal law, knowingly failed to register and update a registration.

The charge is merely an accusation and Bowker 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.   

Bowker 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 Assault with a Dangerous Weapon.

Randy Little Shield, age 25, was indicted on January 21, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 5, 2016, and pled not guilty to the Indictment.

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

The Indictment alleges that on or about October 8, 2015, at Cherry Creek, Little Shield unlawfully assaulted the victim with a baseball bat.

The charge is merely an accusation and Little Shield 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.   

Little Shield 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 Wakpala, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Minor and Abusive Sexual Contact with a Minor.

Charles Edward Gabe, age 19, was indicted on January 21, 2016.  He appeared before U.S. Magistrate Judge William D. Gerdes on February 4, 2016, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to life in custody and/or a $500,000 fine, up to life of supervised release, a mandatory special assessment of up to $10,000, and $200 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about January 4, 2016, Gabe knowingly engaged in, and attempted to engage in a sexual act, by the use of force, with a minor who had attained the age of 12 years, but had not attained the age of 16 years.

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

The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case.   

Gabe 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 Timber Lake, South Dakota, man and woman have been indicted by a federal grand jury for two counts of Assault with a Dangerous Weapon and Aiding and Abetting Assault with a Dangerous Weapon.

Dustin Buffalo, age 33, and Melanie Buffalo, age 35, were indicted on January 21, 2016. Melanie Buffalo appeared before U.S. Magistrate Judge Mark A. Moreno on February 3, 2016, and Dustin Buffalo appeared before U.S. Magistrate Judge Mark A. Moreno on January 26, 2016. Both pled not guilty to the Indictment.

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

The Indictment alleges that on or about November 5, 2015, at Timber Lake, Dustin and Melanie Buffalo unlawfully assaulted two victims with a metal cross and shod feet.

The charges are merely an accusation and both defendants are presumed innocent until and unless proven guilty. 

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

Dustin and Melanie Buffalo were 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 federal grand jury has indicted six Pine Ridge, South Dakota, men (Steven Steele, Terry Goings III, Jerome Warrior, Calmer Cottier, Albert Cottier, and William Bluebird) for Second Degree Murder and Conspiracy to Commit an Assault; Calmer Cottier was also indicted for Solicitation to Commit a Crime of Violence; and a Pine Ridge, South Dakota woman (Josann Winters) was indicted for False Statement or Representation.

Steven Steele, age 23; Terry Goings III, age 22; Jerome Warrior, age 19; Calmer Cottier, age 24; Albert Cottier, age 23; William Bluebird, age 22; and Josann Winters, age 27, were indicted on January 26, 2016.  All defendants have appeared before U.S. Magistrate Judge Daneta Wollmann, and pled not guilty to the Indictment.

The maximum penalty upon conviction for Steele, Goings, Warrior, C. Cottier, A. Cottier, and Bluebird is up to life in custody and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.  The maximum penalty upon conviction for Winters is up to up to 5 years in custody and/or a $250,000 fine, 1 year of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered. 

The Indictment alleges that on July 12, 2015, the defendants killed Ferris Brings Plenty with a machete, stick, bat, and cinder block.

The charges are merely accusations and the defendants are presumed innocent until and unless proven guilty. 

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

Winters was released on bond pending trial.  Steele, Goings, Warrior, C. Cottier, A. Cottier, and Bluebird remain in 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 Parmelee, South Dakota, man has been indicted by a federal grand jury for two counts of Assault with a Dangerous Weapon and one count of Assault Resulting in Serious Bodily Injury.

Darius Whipple, Sr., age 24, was indicted on January 21, 2016.  He appeared before U.S. Magistrate Judge Mark Moreno on February 4, 2016, and pled not guilty to the Indictment.

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

The Indictment alleges that Whipple committed an assault with a knife on July 23, 2015.  It also alleges that he committed assault with a tablet computer on August 28, 2015, causing serious bodily injury.

The charge is merely an accusation and Whipple 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.   

Whipple 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 two men and a woman from the Corn Creek Community in Mellette County, South Dakota, have been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person.

Henry Paul Gorisek, Jr., age 46; Helen Ann Clifford, age 43; and Ty Wesley Clifford, age 22, were indicted on January 21, 2016. On January 26, 2016, and February 3, 2016, they appeared before U.S. Magistrate Judge Mark A. Moreno and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 20 years in custody and/or a $1,000,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that between May 14, 2014, and September 19, 2015, Gorisek, and Helen and Ty Clifford 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. The Indictment also alleges that on or about September 19, 2015, in Mellette County, Gorisek, and Helen and Ty Clifford knowingly possessed a firearm and were prohibited persons because they are users of and addicted to a controlled substance. Gorisek is also alleged to be a prohibited person because of a prior felony.

The charges are merely an accusation and Gorisek, Helen Clifford, and Ty Clifford are presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.   

All three were 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 McLaughlin, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse, Kidnapping, Assault with a Dangerous Weapon, and Assault Resulting in Serious Bodily Injury.

Jason Martinez, age 40, was indicted on January 21, 2016.  He appeared before U.S. Magistrate Judge William D. Gerdes on February 4, 2016, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to life in custody and/or a $1,000,000 fine, up to life of supervised release, a mandatory special assessment of $5,000, and $400 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about December 9, 2015, Martinez caused and attempted to cause his intimate partner to engage in a sexual act by the use of force.  Martinez is also accused of willfully kidnapping the same victim, as well as assaulting her with a shovel which caused serious bodily injury.

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

The investigation is being conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Standing Rock Agency.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case.   

Martinez 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 Kenel, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.

Dylan Demery, age 23, was indicted on January 21, 2016.  He appeared before U.S. Magistrate Judge William D. Gerdes on February 4, 2016, and pled not guilty to the Indictment.

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

The Indictment alleges that on or about January 1, 2016, Demery forcibly resisted, opposed, impeded, intimidated, and interfered with an officer from the Bureau of Indian Affairs.  The incident happened while that officer was employed as a federal law enforcement officer with the Bureau of Indian Affairs, assigned to perform law enforcement functions and was also engaged in the performance of his official duties. 

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

The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case.   

Demery 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 St. Francis, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on January 25, 2016, by U.S. District Judge Roberto Lange.

Allan Left Hand Bull, age 23, was sentenced to 42 months in custody, followed by 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Left Hand Bull was indicted for Assault with a Dangerous Weapon by a federal grand jury on October 14, 2015.  He pled guilty on December 8, 2015.

On August 10, 2015, Left Hand Bull and his girlfriend, the victim, were drinking alcoholic beverages in St. Francis.  Left Hand Bull was intoxicated and became upset with the victim.  Left Hand Bull left the area where they were drinking, but soon thereafter saw the victim walking down a street in St. Francis and ran toward her with a knife.  Left Hand Bull put his arm around the victim and choked her.

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

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

United States Attorney Randolph J. Seiler announced that Patrick Harding, 58, of Rapid City, South Dakota, was found guilty of Possession of a Firearm by a Prohibited Person and Possession of a Stolen Firearm at the conclusion of a three-day federal jury trial in Rapid City.  The verdict was returned on January 28, 2016.

The maximum penalty is 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. 

The conviction stems from Harding, a previously convicted felon, knowingly possessing a stolen Glock, model 23C, .40 caliber pistol in Rapid City.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Rapid City Police Department. Assistant U.S. Attorney Ben Patterson prosecuted the case.

A presentence investigation was ordered and a sentencing date will be set.  The defendant was remanded to the custody of the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man convicted of a firearms offense was sentenced on January 25, 2016, by U.S. District Judge Karen E. Schreier.

Justin Christopher Moe, age 35, was sentenced to 77 months in custody, followed by 3 years of supervised release, and ordered to pay $100 to the Federal Crime Victims Fund.

Moe was indicted for Felon in Possession of Firearms by a federal grand jury on July 7, 2015.  He pled guilty on November 10, 2015.

On April 3, 2015, law enforcement came into contact with Moe in Lennox, South Dakota, and located a .45 caliber semi-automatic pistol in his vehicle.  A search warrant was executed on Moe’s residence in Sioux Falls and a 12-gauge shotgun was found.  Moe has previously been convicted of five felonies and is prohibited from possessing firearms.

This case was investigated by the Sioux Falls Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that Jaime Aroldo Duarte-Lopez, a/k/a Jimmy Duarte, age 23, of Sioux Falls, South Dakota, was found guilty of six drug charges as a result of a federal jury trial in Sioux Falls.

Each count carries a maximum penalty of 20 years in custody and/or a $1 million fine, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Duarte-Lopez was indicted by a federal grand jury on December 15, 2015, on the charges of Conspiracy to Distribute Methamphetamine and five counts of Distribution of Methamphetamine. 

From approximately November 2014 to August 2015, Duarte-Lopez and others distributed methamphetamine in the Sioux Falls area.  Law enforcement used a confidential informant to purchase methamphetamine from Duarte-Lopez on five occasions.  Duarte-Lopez was responsible for distributing over 175 grams of methamphetamine throughout the course of the conspiracy.  Duarte-Lopez indicated to the confidential informant on multiple occasions that he had the ability to obtain pounds of methamphetamine to sell. 

This case was investigated by the Sioux Falls Area Drug Task Force and the Drug Enforcement Administration. Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.

A presentence investigation was ordered and a sentencing date was set for April 11, 2016. The defendant was remanded to the custody of the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announced that a Ridgeview, South Dakota, man has been indicted by a federal grand jury for First Degree Burglary and Assault with a Dangerous Weapon.

Shilo Hill, a/k/a Shilo Roubideau, age 20, was indicted on January 21, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 25, 2016, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 25 years in custody and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

The indictment alleges that on or about October 3, 2015, Hill unlawfully entered and remained in an occupied structure, the victim’s residence, in the nighttime with the intent to commit the crime of assault. On the same date, Hill unlawfully assaulted the victim with a tire iron, with intent to do bodily harm to the victim.

The charge is merely an accusation and Hill 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.   

Hill 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 man convicted of Possession of Child Pornography was sentenced on January 25, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Shaun Meyer, age 39, was sentenced to 120 months in custody, followed by 20 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Meyer was charged on April 21, 2015, and pleaded guilty on August 28, 2015.

The conviction stems from Meyer knowingly possessing child pornography on a computer in Rapid City between March 2015 and April 2015.

This case was investigated by the Internet Crimes Against Children Task Force.  Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Possession of Child Pornography was sentenced on January 19, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Gary Asmus, age 43, was sentenced to 18 months in custody, 5 years of supervised release, ordered to register as a sex offender, and to pay a $100 special assessment to the Federal Crime Victims Fund.

Asmus was charged on October 21, 2014, and pleaded guilty on September 18, 2015. The conviction stems from Asmus knowingly possessing child pornography on a computer in Rapid City between December 2013 and March 2014.

This case was investigated by the Internet Crimes Against Children Task Force.  Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

Asmus 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 Possession with Intent to Distribute a Controlled Substance was sentenced on January 22, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Matthew Wilhelm, age 40, 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.  He pled guilty on August 14, 2015.

On March 19, 2015, Wilhelm obtained distributable quantities of methamphetamine, which he intended to distribute within South Dakota.

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

Wilhelm 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 Escape from Custody was sentenced on January 27, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Christopher Alan Becker, age 32, was sentenced to 12 months and 1 day in custody, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Becker was indicted for the charge on August 18, 2015.  Becker pleaded guilty on October 30, 2015.

The conviction stems from Becker escaping from the custody of the Bureau of Prisons at the Community Alternatives of the Black Hills, where he was in custody on August 13, 2015.

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

Becker 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 Arson was sentenced on January 20, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Moses Catches, age 26, was sentenced to time served, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Catches was indicted for the charge on December 16, 2014.  Catches pleaded guilty on June 2, 2015.

The conviction stems from Catches partially filling a bottle with gas on September 26, 2013, near Pine Ridge, and then giving this bottle to his brother, who lit the Molotov cocktail and threw it through the window of an occupied structure.

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

United States Attorney Randolph J. Seiler announced that a federal grand jury has indicted a Pine Ridge, South Dakota, woman for First Degree Murder, and a Pine Ridge, South Dakota, man for Accessory to First Degree Murder.

Elizabeth Ann LeBeau, a/k/a Ann LeBeau, age 23, and Fred Quiver, a/k/a Fred Brings Plenty, age 29, were indicted on January 26, 2016.  LeBeau and Quiver appeared before U.S. Magistrate Judge Daneta Wollmann on January 29, 2016, and pled not guilty to the Indictment.

The maximum penalty upon conviction for LeBeau is life in prison and/or a $250,000 fine, and 5 years of supervised release. The maximum penalty upon conviction for Quiver is up to 15 years in custody and/or a $125,000 fine, and 3 years of supervised release.

The Indictment alleges that on or between January 1 and January 3, 2016, LeBeau murdered Emily Bluebird by strangulation, and that Quiver was an accessory to Bluebird’s murder.

The charges are merely an accusation and LeBeau and Quiver are presumed innocent until and unless proven guilty.

The investigation is being conducted by the Federal Bureau of Investigation.  Assistant U.S. Attorney Megan Poppen is prosecuting the case.

LeBeau and Quiver were 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 Pine Ridge, South Dakota, man convicted of Felony Child Abuse and Neglect and Assault Resulting in Serious Bodily Injury was sentenced on January 22, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Timothy White Plume, age 37, was sentenced to 96 months in custody, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

White Plume was charged on January 23, 2013, and was found guilty by a jury after a trial in federal court on July 14, 2015.

The conviction stems from White Plume assaulting a three-month old infant, causing life-threatening and permanent injuries.

This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, and the South Dakota Division of Criminal Investigation.  Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that a Reno, Nevada, man convicted of Conspiracy to Distribute Marijuana was sentenced on January 25, 2016, by U.S. District Judge Karen E. Schreier.

Robert Lukasz Rydlewski, age 31, a citizen of Poland, was sentenced to 30 months in custody, to be followed by 4 years of supervised release.  He was also ordered to pay $100 to the Federal Crime Victims Fund.

Rydlewski was indicted by a federal grand jury on February 4, 2015.  He pled guilty on November 4, 2015.

Rydlewski was a member of a conspiracy formed in about January 2012, to distribute marijuana in South Dakota and elsewhere.  While he was living in California, he used cash sent to him by a co-conspirator to purchase marijuana from individuals running a marijuana grow operation in California.  He then mailed the marijuana to the co-conspirator at different locations, including South Dakota.

Later on, Rydlewski set up deals for the sale and purchase of marijuana with several co-conspirators who were living in South Dakota.  The co‑conspirators traveled to California to meet with Rydlewski.  He sold them marijuana which was put in triple vacuum-sealed packages inside suitcases.  The co-conspirators would bring Rydlewski suitcases of money, and he would in turn give them the suitcases of marijuana.

This case was investigated by the Sioux Falls Police Department, the South Dakota Division of Criminal Investigation, Immigration and Customs Enforcement, the Drug Enforcement Administration, and the Internal Revenue Service – Criminal Investigation.  Assistant U.S. Attorney John E. Haak prosecuted the case.

Rydlewski 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 four counts of Domestic Assault by an Habitual Offender and three counts of Child Abuse.

Jodie Brave, age 45, was indicted on January 21, 2016.  He appeared before U.S. Magistrate Judge Mark Moreno on January 28, 2016, and pled not guilty to the Indictment.

The maximum penalty upon conviction of domestic assault by an habitual offender 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 for each count.  The maximum penalty upon conviction of child abuse is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund for each count.  Restitution may also be ordered.

The charges are merely accusations and Brave 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 Albertson is prosecuting the case.   

Brave 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 Ellsworth, Minnesota, man has been indicted by a federal grand jury for Possession of a Firearm by a Prohibited Person and Possession with Intent to Distribute a Controlled Substance.

Lugene Rayfeal Russell, age 46, was indicted on January 21, 2016. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 26, 2016, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, followed by 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 16, 2015, at Fort Thompson, Russell knowingly possessed a firearm and was a prohibited person, including having a prior felony. Russell also knowingly and intentionally possessed with intent to distribute marijuana.

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

The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.   

Russell 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 McLaughlin, South Dakota, man convicted of Assault by Striking, Beating and Wounding was sentenced on January 21, 2016, by U.S. Magistrate Judge William D. Gerdes.

Marc Dog Eagle, age 50, was sentenced to 1 year of probation, and a special assessment of $25 to the Federal Crime Victims Fund.

Dog Eagle was indicted by a federal grand jury on November 13, 2014.  He pled guilty on November 2, 2015.

The conviction stemmed from an incident on October 23, 2014, when a Bureau of Indian Affairs Officer was dispatched to a residence in McLaughlin, regarding an incident that had occurred between Dog Eagle and his step-daughter, the victim.  Dog Eagle and the victim were involved in a disagreement, during which time Dog Eagle struck the victim on her body, against her will. 

This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.

United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury for Domestic Assault by an Habitual Offender.

Sheldon Crow Ghost, age 31, was indicted on January 21, 2016.  He appeared before U.S. Magistrate Judge William D. Gerdes on January 25, 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 11, 2015, Crow Ghost assaulted his partner.  At the time of the domestic assault, Crow Ghost had a final conviction on at least two separate occasions for offenses that would have been, if subject to Federal jurisdiction, an assault against a spouse and intimate partner.

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

The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case.   

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

United States Attorney Randolph J. Seiler announced that a Manderson, South Dakota, man convicted of Assaulting a Federal Officer was sentenced on January 27, 2016, by U.S. Magistrate Judge Daneta Wollmann.

Frank Boerschig, age 50, was sentenced to 3 months in custody, 1 year of supervised release, and ordered to pay a $25 special assessment to the Federal Crime Victims Fund.

Boerschig was indicted for the charge on September 15, 2015, and pleaded guilty on December 11, 2015.

The conviction stems from Boerschig not complying with the commands of an officer, and then wrestling with and striking the officer in the upper lip on June 24, 2015, at Manderson.

This case was investigated 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 prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that a Manderson, South Dakota, man convicted of Assault by Striking, Beating, or Wounding was sentenced on January 27, 2016, by U.S. Magistrate Judge Daneta Wollmann.

John Holy Rock, age 21, was sentenced to 18 months of probation and ordered to pay a $25 special assessment to the Federal Crime Victims Fund.

Holy Rock was indicted for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury by a federal grand jury on April 22, 2014.  Holy Rock pleaded guilty to Assault by Striking, Beating, or Wounding on December 4, 2015.

The conviction stems from Holy Rock striking the victim in the head with a 2” x 4” board on January 1, 2013. This assault resulted in injuries to the victim’s cheek and eye socket.

This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.  Assistant U.S. Attorney Eric Kelderman prosecuted the case.

This week U.S. District Court Judge Karen E. Schreier issued an order requiring the Mayfield Hutterite Colony to restore federally-protected wetlands it drained in 2011. The order was based on a consent judgment entered into by the United States Fish and Wildlife Service and the Mayfield Hutterite Colony.

In November 2011, the U.S. Fish and Wildlife Service discovered that Mayfield Colony had installed drain tile to drain four wetlands in Hamlin County that were protected by a permanent wetland easement owned by the U.S. Fish and Wildlife Service. The Colony had been expressly warned six years earlier not to burn, drain, or fill the wetlands.

The U.S. Fish and Wildlife Service directed the Colony to remove the drain tile. Instead, the Colony offered to exchange the drained wetlands for other property it deemed equivalent. The U.S. Fish and Wildlife Service declined the offer and required restoration of the wetlands, as they provide necessary habitat for area waterfowl.

Despite repeated requests from the U.S. Fish and Wildlife Service to remove the drain tile, it was not removed. The U.S. Fish and Wildlife Service filed suit against the Colony in 2014, seeking the removal of the drain tile from the wetlands and a permanent injunction preventing further drainage of the wetlands.

The Colony entered into a consent judgment agreeing that the Colony, at its own expense, will restore the wetlands to their previous condition, using one of the options in the alternative restoration plan provided by the U.S. Fish and Wildlife Service. The restoration work will be conducted in the spring of 2016, weather permitting. If the Colony fails to comply with the restoration plan, it agrees to pay liquidated damages of $10,000. The Colony also agreed to be permanently enjoined from draining or permitting the draining of the wetlands in the future.

“Yesterday was a good day for conservation. Small, shallow wetlands, such as those protected by this easement, are the most productive breeding habitat in North America for waterfowl and many other birds. Unfortunately, they are also the most vulnerable to drainage and it was important for us to negotiate compliance with the Colony. I am proud of our Madison Wetland District staff and I’m grateful for the strong support of the U.S. Attorney’s Office as we work to keep this important habitat on the landscape,” said Fish & Wildlife Service Regional Easement Coordinator, Dave Azure.

This civil lawsuit was handled by Assistant U.S. Attorney Camela Theeler.

United States Attorney Randolph J. Seiler announced that a Hot Springs, South Dakota, man convicted of Assault on a Federal Employee was sentenced on January 20, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Paul Vandeinse, age 58, was sentenced to 12 months’ probation and ordered to pay a $25 special assessment to the Federal Crime Victims Fund.

Vandeinse was indicted for the charge on May 19, 2015.  Vandeinse pleaded guilty on September 11, 2015.

The conviction stems from Vandeinse making threatening comments to employees at the Veteran’s Affairs Medical Center in Hot Springs in April 2015.

This case was investigated by the Department of Veterans Affairs, Office of Inspector General.  Assistant U.S. Attorney Eric Kelderman prosecuted the case.