District of South Dakota

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Possession of a Firearm by a Prohibited Person.

Nelson Red Bird, age 26, was indicted on January 21, 2016. He appeared before United States Magistrate Mark A. Moreno on January 28, 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 August 25, 2015, at Eagle Butte, Red Bird knowingly possessed a firearm and was a prohibited person, including having a prior felony.

The charges are merely an accusation and Red Bird 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.   

Red Bird 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 Fort Collins, Colorado, man convicted of Conspiracy to Distribute Methamphetamine was sentenced on January 25, 2016, by U.S. District Judge Karen E. Schreier.

Victor Francisco Castro, age 20, a citizen of Mexico, was sentenced to 60 months in custody, to be followed by 3 years of supervised release.  He was also ordered to pay $100 to the Federal Crime Victims Fund.

Castro was indicted by a federal grand jury on June 2, 2015.  He pled guilty on September 15, 2015.

From March until May, 2015, Castro was a member of a conspiracy to distribute methamphetamine in South Dakota. On April 20, 2015, Castro and his co-defendant, Austin Lovre, sold 17 ounces of methamphetamine to a confidential informant. 

This case was investigated by the Brookings and Watertown Police Departments, the South Dakota Division of Criminal Investigation, and the Drug Enforcement Administration.  Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.

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

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.

The Indictment alleges that on or between January 1, and January 3, 2016, LeBeau murdered Emily Bluebird by strangulation, and that between January 1, and January 21, 2016, Brings Plenty 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.  Their initial appearance has not been scheduled.  The defendants are in custody.

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

The United States Attorney’s Office, District of South Dakota, will host the presentation of the Outstanding Prosecutor Award for the Midwest High Intensity Drug Trafficking Areas (HIDTA.)

Midwest HIDTA officials will make the presentation to Jennifer Mammenga, Assistant U.S. Attorney, with the District of South Dakota. 

WHO:        Randy Seiler: U.S. Attorney

                    Jennifer Mammenga: Assistant U.S. Attorney

                    Bob Hartman: Regional Coordinator - Midwest HIDTA

                    Jeff Stamm: Executive Director - Midwest HIDTA

                    David Mizell: Deputy Director - Midwest HIDTA

                    Bryan Gortmaker: Director - SD Division of Criminal Investigation

WHAT:         Presentation of 2015 HIDTA Outstanding Prosecutor Award

WHEN:        Thursday, January 28, 2016, at 9:00 a.m. CST.

WHERE:       United States Attorney's Office

                         325 S. 1st Ave., Suite 300

                         Sioux Falls, SD  57104   

NOTE: Media must enter through the third floor reception area. Media will be required to go through security and present a government-issued photo ID. Press inquiries regarding logistics should be directed to Ace Crawford at 605.341.1915.

United States Attorney Randolph J. Seiler announced that a Wounded Knee, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on January 20, 2016, by U.S. District Court Judge Roberto Lange.

Berdell Shot, age 32, was sentenced to 15 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Shot was indicted for Failure to Register as a Sex Offender by a federal grand jury on September 9, 2015.  He pled guilty on November 17, 2015.

Between June 16, 2015, and August 25, 2015, Shot, 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.  Assistant U.S. Attorney Kirk W. Albertson prosecuted the case.

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

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

Jarrod W. Zephier, age 37, was indicted on January 12, 2016. He appeared before U.S. Magistrate Judge Veronica L. Duffy on January 15, 2016, and pled not guilty to the Indictment.

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

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

The investigation is being conducted by the Yankton Sioux Tribal Police and the Federal Bureau of Investigation.  Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.   

Zephier was released on bond pending trial.  A trial date has been set for March 22, 2016.     

United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Escape from Custody was sentenced on January 15, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Jon Dillon, age 27, was sentenced to 4 months in custody, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Dillon was charged on August 31, 2015, and pleaded guilty on September 18, 2015.

The conviction stems from Dillon, who was serving part of his sentence on home confinement after a federal conviction in 2013, leaving his residence without permission.

This case was investigated by the U.S. Marshals Service.  Assistant U.S. Attorney Ben Patterson prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that two Pine Ridge, South Dakota, men convicted of Third Degree Burglary were sentenced on January 19, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Edward Two Hawk, age 22, and Troy Weston, Jr., age 21, were sentenced to time served, two years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund and $4,250 in restitution.

Two Hawk and Weston were charged on April 16, 2013.  Two Hawk pleaded guilty on September 18, 2015, and Weston pleaded guilty on September 21, 2015.

The conviction stems from Two Hawk and Weston breaking into a shed at Pine Ridge and stealing several items, including a TV, a DVD player, a refrigerator, movies, heaters, amplifiers, extension cords, a guitar, and a buffalo head.

This case was investigated by the Bureau of Indian Affairs Office of Justice Services.  Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man convicted of Abusive Sexual Contact was sentenced on January 14, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Edwin Grass, Sr., age 30, was sentenced to time served, 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Grass was indicted for the charge on January 22, 2014.  Grass pleaded guilty on September 11, 2015.

The conviction stems from Grass having unwanted sexual contact with a sleeping female on June 5, 2013, at Pine Ridge.

This case was investigated by the Federal Bureau of Investigation, 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 prosecuted the case.

United States Attorney Randolph J. Seiler announced that a Dickinson, North Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on January 8, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Heather Buchanan, age 20, was sentenced to time served, three years of supervised release, and a $100 special assessment to the Federal Criminal Victims Fund.

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

On September 22, 2014, Buchanan conspired and agreed with other persons, including co-defendant Susan Land, to intentionally distribute 83 grams of methamphetamine to South Dakota.

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

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 January 20, 2016, by U. S. District Judge Roberto Lange.

George Scott, age 30, was sentenced to one year and one day in custody, 5 years supervised release, and a $100 special assessment to the Federal Crime Victims Fund. 

Scott was indicted for Failure to Register as a Sex Offender by a federal grand jury on September 9, 2015.  He pled guilty on November 17, 2015.

Between June 22, 2015, and July 31, 2015, Scott, 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 and Todd County.

This case was investigated by the U.S. Marshals Service.  Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that a Kyle, South Dakota, man convicted of Sexual Abuse was sentenced on January 14, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Cameron Shon One Horn Kills in Water, age 39, was sentenced to 100 months in custody, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

One Horn Kills in Water was indicted for Sexual Abuse by a federal grand jury on May 19, 2015.  He pled guilty on September 11, 2015.

On May 3, 2015, in Kyle, One Horn Kills in Water sexually assaulted an intoxicated female without her consent.

This case was investigated by the Federal Bureau of Investigations.  Assistant U.S. Attorney Megan Poppen prosecuted the case.

One Horn Kills in Water was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announced that a Denver, Colorado, man has been indicted by a federal grand jury on two counts of Sexual Abuse of a Minor.

Ronlee Philemonof, a/k/a Ronlee Doyle Randall, age 28, was indicted on February 18, 2015.  He appeared before U.S. Magistrate Judge Daneta Wollman on January 15, 2016, and pled not guilty to the Indictment.

The maximum penalty upon conviction on each count is up to 15 years in custody and/or a $250,000 fine, 5 years up to lifetime of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charges relate to an incident that occurred on May 11, 2013, where Philemonof illegally engaged in sexual acts with a minor.

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

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

Philemonof was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has been set for March 22, 2016.

United States Attorney Randolph J. Seiler announced that a Box Elder, South Dakota, woman convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on January 15, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Sheila Marie Buchholz, age 45, was sentenced to 51 months in custody, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Buchholz was indicted for possession with intent to distribute methamphetamine by a federal grand jury on November 19, 2014.  She pled guilty on September 21, 2015.

On October 22, 2014, law enforcement executed a search warrant on Buchholz’s residence.  Law enforcement seized a total of 309 grams of methamphetamine.  Buchholz acknowledged the meth was hers.

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

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

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

Amanda Iron Wing, age 27, was indicted on August 11, 2015. She appeared before United States Magistrate Mark A. Moreno on January 13, 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 June 6, 2015, Iron Wing used her vehicle to forcibly assault, resist, oppose, impede, intimidate, and interfere with two law enforcement officers when they were performing their official duties. A third count alleges that Iron Wing forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with a federal officer while he was performing his official duties resulting in the infliction of bodily injury to that law enforcement officer.

The charges are merely an accusation and Iron Wing 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.   

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

United States Attorney Randolph J. Seiler announced that a Spearfish, South Dakota, man convicted of Travel with Intent to Engage in Illicit Sexual Contact was sentenced on January 11, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Richard Melanson, age 53, was sentenced to 360 months in custody, followed by a lifetime of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Melanson was indicted on April 8, 2014.  He pleaded guilty on August 24, 2015.

The conviction stems from Melanson traveling to Guatemala between January 2008 and June 2010, for the purpose of engaging in illicit sexual acts with minors.

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

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

United States Attorney Randolph J. Seiler announces that the Eighth Circuit Court of Appeals has affirmed the district court in appeal no. 14-3888, United States of America, appellee, v. Justin Janis, appellant. 

Janis was convicted in federal district court in Rapid City of assault of a federal officer of the Oglala Sioux Tribe (OST) Department of Public Safety.  Janis appealed his conviction, arguing that the district court should not have ruled that Oglala Sioux Tribe public safety officers are federal officers, and that it should not have instructed his jury that the officer Janis assaulted was a federal officer at the time of the assault. 

In today’s published opinion, the federal court of appeals held that there was overwhelming evidence that the victim OST officer was a federal officer.  In addition, prior to trial, Janis had agreed in writing that the OST officer was a federal officer, and that stipulation was entered into evidence as an exhibit for the jury. 

Janis was sentenced to four months in prison and two years of supervised release.  Assistant U.S. Attorney Kathryn Rich prosecuted the case at trial, and Assistant U.S. Attorney Eric Kelderman handled the appeal for the government.

United States Attorney Randolph J. Seiler announced that a Box Elder, South Dakota, woman convicted of Making and Subscribing a False Tax Return was sentenced on January 14, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Anne Beatty-Waters, age 33, was sentenced to 5 years of probation, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund and $14,792 in restitution to the Internal Revenue Service.

Beatty-Waters was charged on September 17, 2015, and pleaded guilty on October 2, 2015.

The conviction stems from Beatty-Waters falsely subscribing to her 2013 tax return by underreporting her income tax liability.

This case was investigated by the Internal Revenue Service Criminal Investigation and the Federal Bureau of Investigation. Supervisory Assistant U.S. Attorney Gregg S. Peterman prosecuted the case.

United States Attorney Randolph J. Seiler announced that a Watertown, South Dakota, man convicted of Mail Fraud was sentenced on January 11, 2016, by U.S. District Judge Karen E. Schreier.

Leon J. Brandriet, age 61, was sentenced to 15 months in custody and was ordered to pay over $30,500 in restitution.

Brandriet was indicted for mail fraud by a federal grand jury on March 4, 2014.  He pled guilty on October 19, 2015.

From approximately October 2011 through December 2012, Brandriet was hired to work as an independent insurance adjuster on behalf of his client, who suffered property damage to her home in Watertown.  Under the terms of their contract, Brandriet received funds from the victim’s insurer and was supposed to pay the victim or the contractor hired to repair the property damage.  Instead, Brandreit used the money to pay for unauthorized expenses, including bar tabs, and failed to pay the victim the money she was owed.

This case was investigated by the Federal Bureau of Investigation.  Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.

Brandriet was immediately turned over 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 possessing a silencer was sentenced on January 11, 2016, by U.S. District Judge Karen E. Schreier.

Neiko Currie, age 41, was sentenced to 70 months in custody, to be followed by 3 years of supervised release.  He was also ordered to pay $100 to the Federal Crime Victims Fund.

Currie was indicted for Possession of an Unregistered Firearm by a federal grand jury on April 8, 2015.  He pled guilty to the offense on December 4, 2015.

On or about May 16, 2014, Currie was in the process of selling a rifle with an attached silencer, when the purchaser contacted the Brookings Police Department to ask whether the purchase was legal.  Law enforcement eventually conducted a controlled payoff of the remaining balance on the rifle and silencer between Currie and the buyer. 

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

Currie was immediately turned over 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 Use of Interstate Facilities to Transmit Information About a Minor was sentenced on January 11, 2016, by U.S. District Judge Karen E. Schreier.

James Anthony Murphy, age 23, was sentenced to 24 months in custody, followed by 5 years of supervised release, and $100 to the Federal Crime Victims Fund.

Murphy was indicted for the charge by a federal grand jury on April 8, 2014.  He pled guilty on October 27, 2015.

Murphy responded to an advertisement on the Internet website of Backpage.com.  Using his cell phone to send email messages, Murphy agreed to meet at a location in Sioux Falls to have sex with a 13 year-old girl.  Law enforcement officers arrested Murphy when he arrived at the scene.  They found cash and condoms in his possession.

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.

Murphy was immediately turned over 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 federal gun crime was sentenced on January 11, 2016, by U.S. District Judge Karen E. Schreier.

Nicholas Michael Snowden, age 37, was sentenced to 1 month in custody and 1 month of home confinement, to be followed by 3 years of supervised release.  He was also ordered to pay $100 to the Federal Crime Victims Fund.

Snowden was indicted for Possession of a Firearm by a Convicted Felon by a federal grand jury on May 5, 2015.  He pled guilty to the offense on July 17, 2015.

On or about November 5, 2014, a search warrant was executed at Snowden’s Sioux Falls residence, where a 12-gauge shotgun and ammunition were found.  Snowden is prohibited from possessing firearms because he is a convicted felon.

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

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

United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man convicted of Assault With a Dangerous Weapon was sentenced on January 7, 2016, by U.S. District Judge Roberto A. Lange.

Rodney Roubideaux, age 22, was sentenced to 18 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Roubideaux was indicted for assault with a dangerous weapon and assault resulting in serious bodily injury by a federal grand jury on June 9, 2016.  He pled guilty on October 7, 2015.

On May 9, 2015, Roubideaux was drinking alcohol at a home in Ring Thunder, South Dakota. Several other adults were also drinking at the home.  Roubideaux became agitated and complained that an individual shook his hand too hard.  Roubideaux and the individual argued over the handshake.  Everyone continued to socialize in the kitchen and Roubideaux stood by himself in the corner of the kitchen.  Without provocation, Roubideaux turned quickly toward the individual he had argued with and stabbed him in the back with a kitchen knife.  Roubideaux then came at another individual who was able to knock the knife out of Roubideaux’s hand.  That individual sustained a cut on his left arm from the knife when he struggled with Roubideaux.

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

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

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 January 6, 2016, by U.S. District Court Judge Roberto A. Lange.

Damon Has Horns, age 34, was sentenced to 13 months in custody, 5 years supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Has Horns was indicted for Failure to Register as a Sex Offender by a federal grand jury on September 9, 2015.  He pled guilty on November 16, 2015.

Between August 19, 2015, and September 1, 2015, Has Horns, 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 and elsewhere.

This case was investigated by the U.S. Marshals Service.  Assistant U.S. Attorney Kirk W. Albertson prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man convicted of two counts of Assaulting a Federal Officer was sentenced on January 4, 2016, by U.S. District Court Judge Roberto Lange.

Joshua One Star, age 23, was sentenced to 24 months in custody for each count of assaulting a federal officer to be served concurrently, 2 years of supervised release for each count to be served concurrently, and a $200 special assessment to the Federal Crime Victims Fund.

One Star was indicted by a federal grand jury on April 14, 2015.  He pled guilty on October 7, 2015.

On February 23, 2015, a Rosebud Sioux Tribe Law Enforcement Services (RSTLES) Officer responded to a dispatch call regarding possible domestic violence occurring in a vehicle, and located One Star who was driving with a female passenger.  After a brief conversation with the officer, One Star drove the car at a high rate of speed out of the parking lot.  The officer and other RSTLES officers followed One Star in their patrol units and a car chase ensued.

One Star led law enforcement officers on a high speed car chase for over 90 minutes. Throughout the chase, One Star drove at speeds of up to 90 miles per hour through the Rosebud Reservation and made several evasive maneuvers.  At one point during the chase, the officer drove her patrol vehicle beside the vehicle being driven by One Star, and he swerved his vehicle toward her vehicle. The officer was able to maneuver her vehicle to avoid a collision. The car chase ended when One Star’s vehicle ran over spike strips deployed by law enforcement and came to a stop. One Star was arrested and transported to the Adult Correctional Facility in Rosebud.

On March 9, 2015, One Star, while in custody, complained of issues relating to a medical procedure on his jaw. One Star was taken by law enforcement to the Indian Health Services hospital in Rosebud in order to receive medical attention. A RSTLES Officer escorted One Star to the hospital. While at the hospital, the officer removed One Star’s wrist and leg restraints for a short time in order for One Star to use the bathroom.  One Star exited the bathroom, assaulted the officer, and then fled the building and escaped custody.

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

One Star 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 was sentenced on January 11, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Curtis New Holy, age 24, was sentenced to 7 months in custody, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

New Holy was indicted for Failure to Register by a federal grand jury on July 21, 2015.  He pled guilty on August 26, 2015.

Between May 23, 2015, and June 12, 2015, New Holy was required to register under the Sex Offender Registration and Notification Act and failed to do so.

This case was investigated by United States Marshals.  Assistant U.S. Attorney Megan Poppen prosecuted the case.

New Holy 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 Firearm Offense, Possession of Unregistered Firearm, and Possession of Firearm by a Prohibited Person.

Isiah K. Coleman, age 24, was indicted on December 15, 2015.  Coleman appeared before U.S. Magistrate Judge Daneta Wollmann on January 13, 2016, and pleaded not guilty to the Indictment.

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

The charges relate to Coleman using a Marlin .22 rifle during a drug trafficking crime on August 21, 2015, at Rapid City. 

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

The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Rapid City Police Department.  Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.   

Coleman was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has been set for March 22, 2016.

United States Attorney Randolph J. Seiler announced that an Oglala, South Dakota, man convicted of Aggravated Abusive Sexual Contact was sentenced on January 8, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.  

Dale Warrior, age 56, was sentenced to 48 months in custody, followed by five years of supervised release, and $100 special assessment to the Federal Crime Victims Fund.

Warrior was indicted for abusive sexual contact by a federal grand jury on June 16, 2015.  He pled guilty on August 24, 2015.

On September 27, 2014, in Oglala, Warrior knowingly engaged in and caused sexual contact with a person who had not attained the age of 12 years.

This case was investigated by the Federal Bureau of Investigation, and the Oglala Sioux Tribe Department of Public Safety.  Assistant U.S. Attorney Megan Poppen prosecuted the case.

Warrior 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 was acquitted of Assault by Strangulation and Suffocation as a result of a federal jury trial in Pierre, South Dakota, on January 6, 2016.

Thomas Espinoza, age 28, was indicted by a federal grand jury on July 14, 2015.

The charges stemmed from an alleged incident that occurred on June 7, 2015, when Espinoza allegedly assaulted a woman on the Rosebud Sioux Tribe Indian Reservation.

The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services and the U.S. Attorney's Office prosecuted the case.

United States Attorney Randolph J. Seiler announced that a Kyle, South Dakota, woman convicted of Felony Child Abuse and Neglect was sentenced on January 8, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Jeannie Janis, age 30, was sentenced to 12 months and 1 day in custody, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Janis was indicted for the charge on February 18, 2015.  She pled guilty on August 24, 2015.

The conviction stems from Janis causing serious bodily injury to her 5 month old child in May of 2014, due to her neglect and multiple abusive episodes.

This case was investigated by the Federal Bureau of Investigation.  Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that a Huron, South Dakota, man convicted of bank fraud was sentenced on January 8, 2016 by U.S. District Judge Karen E. Schreier.

Kent Lee Bales, age 60, was sentenced to 5 years of probation and ordered to complete 100 hours of community service before the end of his term of probation.  He was also ordered to pay $100 to the Federal Crime Victims Fund.

Bales was indicted for Bank Fraud by a federal grand jury on December 2, 2014.  He pled guilty to the offense on September 28, 2015.

Bales operated two companies with his brother:  Stockman’s Auction Company Inc., and Bales Continental Commission Company in Huron.  The companies are related entities and are in the business of selling cattle.  Bales engaged in a check kiting scheme, whereby he wrote checks and transferred funds among the companies’ accounts at three different banks when he knew that the checks and transfers were not actually supported by sufficient funds.  In doing so, he artificially inflated the balances in his accounts and used some of those funds for business purposes.  Bales defrauded one of the banks out of approximately $1,820,948.46. 

This case was investigated by Federal Bureau of Investigation.  Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.

United States Attorney Randolph J. Seiler announced that a Hermosa, South Dakota, man convicted of Theft of Government Property was sentenced on January 8, 2016, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Tobin Nettifee, age 37, was sentenced to 3 years of probation, and ordered to pay $800 in restitution and a $100 special assessment to the Federal Crime Victims Fund.

Nettifee was indicted for Theft of Government Property by a federal grand jury on April 21, 2015.  Nettifee pleaded guilty on August 24, 2015.

The conviction stems from Nettifee stealing a chainsaw, firefighting equipment, radios, flight gear, microphones, a power generator, and power tools from the National Park Service between June 1, 2010, and August 28, 2014.  Nettifee was an employee of the National Park Service and upon leaving employment, he did not return the items.

At a later date after Nettifee left National Park Service employment, he stole a Stihl chainsaw from a U.S. Forest Service pickup at the Custer station and pawned it in Rapid City, on June 16, 2014.

This case was investigated by the U.S. Forest Service Law Enforcement and Investigations.  Assistant U.S. Attorney Eric Kelderman prosecuted the case.

United States Attorney Randolph J. Seiler announced that a Guatemalan man convicted of Use of Interstate Facilities to Transmit Information About a Minor was sentenced on January 11, 2016, by U.S. District Judge Karen E. Schreier.

Jose Joaquin Oxlaj, age 27, was sentenced to 46 months in custody, followed by 5 years of supervised release, and $100 to the Federal Crime Victims Fund.

Oxlaj was indicted for the charge by a federal grand jury on May 5, 2015.  He pled guilty on October 27, 2015.

Oxlaj responded to an advertisement on the Internet website known as Skout.  Using his cell phone to send text messages, he agreed to meet at a hotel in Sioux Falls to have sex with a 15 year-old girl.  Law enforcement officers arrested Oxlaj when he arrived at the scene and found him to be in possession of his cell phone and over $900 in cash.

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

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

United States Attorney Randolph J. Seiler announced that a White Horse, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on January 5, 2016, by U.S. District Judge Roberto A. Lange.

Sage Miner, age 32, was sentenced to 12 months and 1 day in custody, followed by 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Miner was indicted for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury by a federal grand jury on May 15, 2015. He pled guilty to Assault Resulting in Serious Bodily Injury on October 22, 2015.

The conviction arose from a March 21, 2015, incident at White Horse. Miner was at his cousin’s house, as was the victim. Miner began yelling at the victim and he and the victim began pushing each other. Miner threw the victim towards the door and the victim fell. Miner went over and started hitting the victim with his fists at least ten times. He also kicked the victim’s head or body with the steel-toed boots he was wearing at least three times. Miner continued yelling at the victim and had to be pulled off. Miner left the house, but ran back through the front door and starting hitting the victim again, at least ten times on this occasion. He was again pulled off the victim and his cousin told him to leave. Miner then began fighting with his cousin. Miner left the house a second time, and his cousin locked the door and returned to tend to the victim, who was sitting up on the kitchen floor. Miner ran in the back door, jumped on top of the victim, and hit him at least seven times on this occasion. Miner said if anyone tried to help the victim, he would come after them next. Miner’s cousin could not pull him off the victim, so he left to get help. When he returned to his home, the victim was unconscious on the floor and Miner was gone. The victim suffered multiple facial injuries and fractures, including a blowout fracture of the orbital eye socket. After he was released from the hospital, the victim continued to have problems, including ongoing balance problems, dizziness, and headaches.

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

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

United States Attorney Randolph J. Seiler announced that Clayton M. High Wolf, age 53, of Rapid City, South Dakota, was found guilty of Possession of Firearm and Ammunition by a Prohibited Person as a result of a federal jury trial in Rapid City, South Dakota. The jury returned the guilty verdict on January 7, 2016. 

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

The conviction stems from High Wolf being in possession of a Smith & Wesson .22 caliber pistol and Remington .22 caliber ammunition when he was stopped by police officers on July 17, 2014, at Rapid City.  He had previous felony convictions with prison time exceeding a year, which prohibits him from possessing a firearm.

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

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 McLaughlin, South Dakota, man convicted of Child Abuse was sentenced on January 5, 2016, by U.S. District Judge Charles B. Kornmann.

Clifford Wayne Kills Crow, Jr., a/k/a Clifford Wayne Kills Crow Indian, Jr., age 26, was sentenced to 3 years of probation and a special assessment of $100 to the Federal Crime Victims Fund, restitution.

Kills Crow was indicted by a federal grand jury on October 14, 2015.  He pled guilty on December 15, 2015.

The conviction stems from an incident on July 22, 2015, when an officer was dispatched to a residence in McLaughlin, in regards to an intoxicated father who had struck his child.  Upon arrival at the home, law enforcement made contact with Kills Crow, who was outside the residence crying and sobbing, stating to law enforcement that he had “messed up” by getting angry at his juvenile son and striking him with his belt.  Law enforcement noticed several welts on the victim’s back. 

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 Little Eagle, South Dakota, woman convicted of Assault with a Dangerous Weapon was sentenced on January 4, 2016, by U.S. District Judge Charles B. Kornmann.

Mary Jo Madison, age 37, was sentenced to 16 months in custody, followed by 3 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.

Madison was indicted by a federal grand jury on August 11, 2015.  She pled guilty on November 2, 2015.

The conviction stems from an incident on July 7, 2015, when Bureau of Indian Affairs (BIA) law enforcement was dispatched to a residence in Little Eagle, in reference to an assault.  Officers were advised that a group of females were fighting and one was bleeding from the head.  Madison and others initially approached the victim and another person and started a verbal altercation.  The altercation escalated and Madison went to a car, retrieved a metal bar, and struck the victim on the head at least one time.  A neighbor across the street also described the incident to the BIA officers, stating he too saw Madison strike the victim on the head with a metal bar.  None of the other people involved in this altercation had weapons.

The victim was transported by ambulance to Mobridge for treatment.  As a result of the assault, the victim sustained head injuries, including two lacerations that formed a “T” on her scalp, one laceration was 4 cm long and the other 3 cm long.  Following treatment, the victim did not require hospitalization and was released to her home.

Following the assault, Madison fled the area in a black vehicle heading towards Timber Lake.  A second BIA officer responded to the call and passed a vehicle matching the description dispatch had provided.  The vehicle was stopped and the officer was able to identify and detain Madison.  Madison was interviewed the following day and admitted to striking the victim on the head with a metal bar.

This case was investigated by the BIA, Standing Rock Agency.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that a Glenham, South Dakota, man convicted of Conspiracy to Distribute and Possess with Intent to Distribute Methamphetamine was sentenced on January 4, 2016, by U.S. District Judge Charles B. Kornmann.

Aaron Sackreiter, age 35, was sentenced to 108 months in custody, followed by 10 years of supervised release, a $10,000 fine, and $100 to the Federal Crime Victims Fund. He must also forfeit a Taurus Judge .41 caliber pistol, and $4,514.13 in currency that was seized.

Sackreiter was indicted for Conspiracy to Distribute and Possess with Intent to Distribute a Controlled Substance and Possess with Intent to Distribute a Controlled Substance by a federal grand jury on September 16, 2014. He pled guilty to Conspiracy to Distribute and Possess with Intent to Distribute a Controlled Substance on October 27, 2015. The drug quantity attributed to Sackreiter as a part of his role in the narcotics trafficking conspiracy was at least 50 grams, but less than 200 grams, of methamphetamine.

Sackreiter conspired with individuals from California to have methamphetamine brought into South Dakota for re-distribution. Sackreiter distributed some of the methamphetamine himself and recruited others to distribute for him on both the Cheyenne River and Standing Rock Sioux Reservations.

On June 29, 2014, local law enforcement went to Sackreiter’s residence to serve an arrest warrant on him. Sackreiter, Luis Salazar, and Spring Gullickson were present at the residence when law enforcement arrived. During the arrest process, law enforcement could smell a distinct odor of marijuana coming from inside the residence. While they were searching Sackreiter’s person after placing him under arrest, they found $533.13 in cash. Search warrants were then obtained for the residence. A quantity of methamphetamine the size of a billiard ball was seized during execution of the search warrant. The “ball” weighed 65 grams (2.3 ounces). Also found during the search was $3,981.00 in cash, a loaded Taurus Judge pistol, and other drug-related evidence.

Previously, on June 13, 2014, Sackreiter and Salazar had at least eight ounces of methamphetamine in their possession. Sackreiter recruited Gullickson to assist him in distributing the methamphetamine. Sackreiter also provided methamphetamine to Stanley Schily multiple times so that Schily could re-distribute the methamphetamine to others. Schily purchased approximately four "8-balls" (3.5 grams) and other quantities of methamphetamine from Sackreiter a total of five or six times. A separate search of Schily’s residence on July 1, 2014, resulted in the seizure of additional quantities of methamphetamine.

This case was investigated by the Mobridge Police Department and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Jay Miller prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that a Bullhead, South Dakota, woman convicted of Child Abuse was sentenced on January 4, 2016, by U.S. District Judge Charles B. Kornmann.

Velnita Jolette Hairy Chin, age 43, was sentenced to 37 months in custody, followed by 3 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.  

Hairy Chin was indicted by a federal grand jury on July 14, 2015.  She pled guilty on November 2, 2015. Hairy Chin has had twelve previous convictions for Child Abuse/Neglect.

The conviction stems from an incident on June 23, 2015, when Bureau of Indian Affairs (BIA) law enforcement responded to a house call in Bullhead.  Law enforcement was informed of a female passed out in the residence and multiple young children outside without supervision. Upon arrival, an officer made contact with a young female child in the home.  The officer asked her if her mom was home, to which she responded no, but that grandma was home and was “drunk.” 

The officer came into the home in an attempt to find a responsible adult. In searching for an adult in the home, the officer noticed a baby in a car seat in the living room and multiple other young children.  In a basement room, the officer discovered an adult male and female passed out in a bed.  The officer woke the female up and identified her as Hairy Chin who asked law enforcement “What’s going on?”  The officer asked her who was watching the kids to which she responded “I am.”  When the officer inquired how long the baby had been in the car seat, he had to repeat himself as Hairy Chin did not appear to be able to comprehend the question.  Despite being asked repeatedly about the baby in the car seat, Hairy Chin was not able to answer the question. Hairy Chin informed the officer that the children were hers.  At this point, Hairy Chin was placed under arrest for child neglect and was escorted to the patrol unit.

The officer then went back into the house to check on the kids.  A neighbor came over and helped him change some of the kids’ diapers.  The neighbor also made a bottle for the youngest child.  The officer became concerned when he noticed the baby kept screaming when they would try to touch him.  The officer went out to his patrol unit and asked Hairy Chin if something was wrong with the baby, to which she replied that the baby was “fine, fat, and okay.”  One of the little girls told the officer that the baby had fallen, after being dropped.  The officer called for an ambulance to come and check the baby out.  The officer again asked Hairy Chin what happened to the baby.  Initially Hairy Chin denied that anything was wrong with him, but later admitted that he was dropped the previous day but claimed he was now fine.

When the EMTs arrived on scene, they too noticed that the baby cried whenever he was picked up and carried.  Again, the officer went to his unit and asked Hairy Chin if anything was wrong with the baby, Hairy Chin again informed the officer that the baby was fine.  The EMTs took the child to the hospital in Mobridge.

Child Protection Services (CPS) arrived and the officer and a neighbor relayed the events that had occurred earlier in the day.  The neighbor came over earlier in the day to find all seven children in the home without supervision.  The oldest of the children, approximately 11 years of age, informed the CPS worker that he was in charge and could take care of all of the children.  Safe homes were found for all of the children.  The CPS worker then travelled to Mobridge to check on the baby who had the following injuries: abrasions on his legs from sitting in the car seat for so long, bruising on his right leg and buttock, diaper rash, air in his stomach from constant crying, and a right ear infection.

This case was investigated by the BIA, Standing Rock Agency.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.

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

United States Attorney Randolph J. Seiler announced that a Mobridge, South Dakota, man convicted of Child Abuse was sentenced on January 4, 2016, by U.S. District Judge Charles B. Kornmann.

Gabe Dubois, age 27, was sentenced to 6 months in custody, followed by 3 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.

Dubois was indicted by a federal grand jury on July 14, 2015.  He pled guilty on September 21, 2015.

The conviction stems from an incident on June 8, 2015, when an employee of Lucky’s Gas & More in Mobridge called the Mobridge Police Department to report that someone had stolen four cans of beer from Lucky’s.  Law enforcement was dispatched to Lucky’s and spoke with the employee who reported that Dubois took four cans of beer from a cooler, stuck them down his pants, walked up to the cash register, requested a book of matches from the clerk, and left the store without paying for his items. After reviewing video surveillance, law enforcement determined that Dubois had arrived and left the store in a black, four-door, Oldsmobile Alero.

Shortly after 5:30 PM on June 8, 2015, the Mobridge Police Department received a call from an employee at G&R Body Shop who informed law enforcement that a black Oldsmobile Alero with a male driver and female passenger kept speeding past the body shop.  The employee also stated the driver was wearing a black baseball cap.  While law enforcement and the employee were speaking, the car in question approached the shop and was identified by the employee.

Law enforcement pursued the vehicle and identified Dubois as the driver.  Law enforcement further noticed the driver was wearing a black hat, and saw a female in the passenger seat.  The vehicle had a North Dakota license plate, which was later found to be registered to Dubois.  At this point, the officer turned his squad car around and activated his emergency lights and siren.

Dubois fled from law enforcement through several streets in Mobridge, driving 47 miles per hour in a 35 mile per hour zone and driving around a road block comprised of two police squad cars.  Law enforcement continued to pursue Dubois, who drove at speeds of up to 100 miles per hour, heading west across the Highway 12 bridge near Mobridge onto the Standing Rock Indian Reservation. Dubois continued to flee once he entered the reservation, turning north on Highway 1806, heading towards Kenel, South Dakota.  Because the chase had entered Tribal lands, Mobridge law enforcement notified the Bureau of Indian Affairs (BIA) Law Enforcement. 

Dubois continued north toward Kenel at speeds of 70 to 100 miles per hour in a 55 mile per hour zone.  South of Kenel, Dubois lost control of the vehicle.  The vehicle spun to face south and continued into the ditch, rolling over multiple times, and landing upside down.  Multiple law enforcement officers and agencies responded to the crash.  The officers were able to extract Dubois from the driver’s seat, an adult female from the passenger seat, and a 17-month-old child, who is Dubois’s daughter.  There was a strong odor of alcohol emanating from the vehicle and the officers observed numerous open and empty cans and bottles of alcoholic beverages.

Dubois was interviewed by a Special Agent with the BIA.  Dubois admitted to not stopping for the officers when they engaged their lights because he did not want to go to jail.  When asked how fast he was going, Dubois said 100 miles per hour, but thought he had dropped down to 75.  He also admitted that his driving and eluding police placed his daughter’s life at risk of death or serious bodily injury.  He recognized that his actions would be considered a form of child abuse or neglect. 

This case was investigated by the BIA, Standing Rock Agency.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.

Dubois 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 Assaulting, Resisting, Opposing, and Impeding a Federal Officer was sentenced on January 4, 2016, by U.S. District Judge Roberto A. Lange.

Alvina Leader Charge, age 30, was sentenced to time served, at least 4 months in a residential re-entry program, followed by 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Leader Charge was indicted by a federal grand jury on July 14, 2015. She pled guilty on October 9, 2015.

The conviction arose from a June 30, 2015, incident when a Rosebud Sioux Tribe Law Enforcement Services Officer responded to a call near the Maverick Motel in Mission.  At the scene, the officer arrested Leader Charge for contempt of court and making a false statement. At first, Leader Charge was cooperative, but then she began calling the officer names and threatening to get her fired. The officer tried to calm Leader Charge and warned her they would need to use a security chair if she did not settle down. When the officer was taking Leader Charge out of the squad car, Leader Charge pulled away from the officer and hit the officer in the face and chest. Leader Charge told the officer, “You’re going to get killed,” and said she was going to be on a 24-hour search for the officer.

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

Leader Charge 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 Sexual Abuse of a Person Incapable of Consenting was sentenced on January 4, 2016, by U.S. District Judge Roberto A. Lange.

Ronnie Keith Circle Bear, age 52, was sentenced to 121 months in custody, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Circle Bear was indicted by a federal grand jury on November 13, 2014, for one count of Aggravated Sexual Abuse by Force and one count of Sexual Abuse of a Person Incapable of Consenting. He pled guilty to one count of Sexual Abuse of a Person Incapable of Consenting on October 6, 2015.

The conviction arose from a June 2014 incident when Circle Bear was living in Rapid City and traveled to Eagle Butte as part of his job. Circle Bear contacted the victim’s mother and asked if the victim could go with him to Eagle Butte so they could later attend a pow-wow in McLaughlin.  The victim was 17-years old at the time.

The victim rode with Circle Bear from Rapid City to Eagle Butte. When they arrived in Eagle Butte, Circle Bear got a motel room. He then purchased some peppermint schnapps and flavored vodka that he mixed with cranberry juice and provided to the victim. The victim drank the alcohol and after several hours, passed out on the bed with her clothes on. Circle Bear knew the victim was incapacitated and was incapable of declining any sexual advances, but he removed her pants and underwear and proceeded to have sexual intercourse with her anyway. The victim woke up while Circle Bear was having intercourse with her. When he stopped, she asked Circle Bear for her clothes, got dressed, and went to the front desk at the motel to ask for help. The motel clerk called the Cheyenne River Sioux Tribe Police Department.

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

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

United States Attorney Randolph J. Seiler announces that a Sioux Falls, South Dakota, woman convicted of Conspiracy to Distribute Methamphetamine was sentenced on December 28, 2015, by Judge Karen E. Schreier.

Kay Ray Ridgway, age 24, was sentenced to 70 months in custody, followed by three years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Ridgway was indicted for Conspiracy to Distribute Methamphetamine by a federal grand jury on May 5, 2015, and pled guilty on September 30, 2015.

In 2014 and 2015, Ridgway was involved in a conspiracy to distribute methamphetamine in Sioux Falls.  She and other co-conspirators were found to be in possession of over 340 grams of methamphetamine.

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

Ridgway was immediately turned over 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 Conspiracy to Distribute Methamphetamine was sentenced on January 4, 2016, by U.S. District Judge Karen E. Schreier.

Fred Earl Davis, Jr., age 53, was sentenced to 87 months in custody, followed by four years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Davis was indicted for Conspiracy to Distribute Methamphetamine by a federal grand jury on March 4, 2015, and pled guilty on August 19, 2015.

In 2014, Davis was involved in a conspiracy to distribute methamphetamine and marijuana in Sioux Falls.  During a traffic stop, Davis was found to be in possession of approximately 87 grams of methamphetamine, 29 grams of cocaine, 33 pounds of marijuana, and over $3,000 cash.  Law enforcement found approximately three pounds of marijuana and four pounds of marijuana edibles at Davis’ home, along with eleven firearms, over 1,000 rounds of ammunition, and over $6,500 in cash. 

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

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

United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man convicted of Assault of an Intimate Partner by Strangulation was sentenced on January 4, 2016, by U.S. District Judge Charles B. Kornmann.

Brett Claymore, age 22, was sentenced to 30 months in custody, followed by 2 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.

Claymore was indicted by a federal grand jury on May 12, 2015. He pled guilty on October 27, 2015.

The conviction stems from an incident on April 22, 2015, when Bureau of Indian Affairs (BIA) law enforcement was dispatched to a residence in McLaughlin, due to a domestic disturbance call.  Upon arrival, law enforcement made contact with the victim who informed the officer that she had gotten into an argument with Claymore.  The victim advised the officer that she and Claymore had been in a dating relationship for the past three years.

Another law enforcement officer arrived on scene and asked the victim if a physical altercation had occurred.  The officer told her to be honest, because he had heard that Claymore had “choked” her.  The victim looked surprised, put her head down towards her chest, and began to cry.  The victim then indicated, by placing her hands around her neck, that she was grabbed around her neck and “choked” by Claymore.

The victim said that Claymore held her against the wall with both hands around her neck, “choking her.”  The victim denied that she lost consciousness, but did state that she felt like she was going to “blackout” with blurred vision.  The victim stated she was unable to breathe or speak to tell Claymore to stop, so she started hitting his arms to get him to stop.

Other witnesses who were present when the assault occurred described hearing the victim arguing with Claymore, when suddenly the arguing stopped and they could hear “choking” noises coming from the room.  Immediately following the assault, the witnesses noticed that the victim’s face was flushed and her neck appeared to be red. 

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

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

United States Attorney Randolph J. Seiler announced that the Eighth Circuit Court of Appeals filed a per curiam opinion and Judgment on December 29, 2015, in the case of Travis Emory Correll v. United States of America, et al., affirming the judgment of the district court.

Federal inmate Correll appealed after the district court dismissed his two pro se civil actions, in which he claimed 18 U.S.C. § 3621 and the regulations promulgated thereunder, violate equal protection because they authorize early release only for nonviolent offenders who have both a history of substance abuse and complete a residential drug-abuse treatment program.

In the opinion, the court wrote, “The government’s refusal to offer early release to Correll does not implicate a fundamental right, so § 3621 is permissible if it is supported by a rational basis.  Congress rationally could have concluded that substance-abuse treatment for prisoners could help reduce the extraordinarily high rate of recidivism among offenders who have a history of substance abuse, and that an early-release incentive was necessary to draw into treatment inmates who might otherwise be unwilling to undergo drug treatment.”

Assistant U.S. Attorney Alison Ramsdell handled this appeal for the Government

[1] Per curiam is Latin for “by the court.”  A phrase used to distinguish an opinion of the whole court from an opinion written by any one judge.  Sometimes it denotes an opinion written by the chief justice or presiding judge, or to a brief announcement of the disposition of a case by court not accompanied by a written opinion.

United States Attorney Randolph J. Seiler announced that Todd Allen Johnson, age 51, of Sioux Falls, South Dakota, was found not guilty of possession with intent to distribute methamphetamine as a result of a federal jury trial in Sioux Falls. 

Johnson was indicted by a federal grand jury on December 2, 2014, of possession with intent to distribute 50 grams or more of methamphetamine. 

This case was investigated by the Sioux Falls Police Department, the Minnehaha County Sheriff’s Office, the South Dakota Division of Criminal Investigation, and the Drug Enforcement Administration.  

United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on December 21, 2015, by U.S. District Judge Roberto A. Lange.

Dathan Little Wounded, age 34, was sentenced to 28 months in custody, followed by 2 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.

Little Wounded was indicted by a federal grand jury on May 12, 2015.  He pled guilty on September 25, 2015.

The conviction stemmed from an incident on March 2, 2015, when Little Wounded assaulted the victim outside of the Falcon Apartments in Eagle Butte.  Little Wounded punched the victim 15 times in the face and abdomen.  Little Wounded then threw him to the ground and kicked him in the face and abdomen four times.  Little Wounded also stomped on his head and face 3 times.

A resident of the Falcon Apartments heard and saw what was going on, and called the police to report the assault.  The resident looked outside again, and saw the victim lying motionless on the ground.  The resident told Little Wounded the police had been called, and Little Wounded then left the scene.

An officer from the Cheyenne River Sioux Tribe responded to the call.   The victim was transported by ambulance to the IHS facility in Eagle Butte, where he received 5 stitches around the left eye area.  He also had a black eye.

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

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

United States Attorney Randolph J. Seiler announced that a Dupree, South Dakota, man and an Eagle Butte, South Dakota, man charged with Assault by Striking, Beating and Wounding pled guilty and were sentenced on December 22, 2015, by U.S. District Judge Roberto A. Lange.

Elton Lone Eagle, Sr., age 34, was sentenced to 12 months in custody, followed by 12 months of supervised release, and a special assessment of $25 to the Federal Crime Victims Fund.

Zachary Brown Thunder, age 31, was sentenced to 12 months in custody, followed by 12 months of supervised release, and a special assessment of $25 to the Federal Crime Victims Fund.

The convictions stemmed from an incident that took place on the evening of January 29, 2015, when the victim was at the same residence as Lone Eagle and Brown Thunder, as well as others.  The victim was walking down the stairs, when Lone Eagle grabbed him and pushed him down to the floor.  Once on the floor, Lone Eagle held the victim down, while Brown Thunder held a heated butter knife to his upper right arm.

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

Lone Eagle and Brown Thunder were remanded to the custody of the U.S. Marshals Service.

United States Attorney Randolph J. Seiler announced that a Dupree, South Dakota, man charged with Assault by Striking, Beating and Wounding pled guilty and was sentenced on December 22, 2015, by U.S. District Judge Roberto A. Lange.

Elton Lone Eagle, Sr., age 34, was sentenced to 12 months in custody, followed by12 months of supervised release, and a special assessment of $25 to the Federal Crime Victims Fund.

The conviction stemmed from an incident that took place on April 21, 2015, when Lone Eagle began accusing the victim of being with other men and told her that if he could not have her, no one would.  Lone Eagle punched the victim on the left side of the face.

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

Lone Eagle was remanded to the custody of the U.S. Marshals Service.