District of South Dakota

Acting United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury and Child Abuse was sentenced on September 14, 2015, by U.S. District Judge Roberto A. Lange.

Frederick Leo Marshall, age 57, was sentenced to 120 months in custody on the assault charge, and 36 months in custody on the child abuse charge, to be served consecutively. Marshall was also sentenced to 3 years of supervised release, and a $200 special assessment to the Federal Crime Victims Fund. He was also ordered to pay restitution to the victim in the amount of $1,677.14, and to South Dakota Medicaid in the amount of $11,581.76.

Marshall was indicted by a federal grand jury on December 9, 2014. He pled guilty on June 29, 2015.

The conviction stems from incidents on October 30, 2014. Marshall was at a home in Sicangu Village with his wife, the victim. There had been recent talks about divorce and Marshall had moved out of the marital home for a period of time. That evening, they were reconciling and he had returned to the house. Marshall drank alcohol, became jealous, and argued with the victim.  He later punched her in front of some of their children, and he also forced her into a bathroom and their bedroom and further beat and assaulted her. He threatened and slapped her with a sword.  The beating also caused a fractured eye socket and profusely swollen eyes, to the point where she could not see. Marshall used scissors to cut off the victim’s hair and did other things to her. Their children witnessed the abuse.

Marshall also brought the children towards the bedroom to witness some of what was occurring, and how their mother was being beaten, humiliated, and degraded. One of the children went into the room and personally witnessed some of the abuse. The child heard her mom begging to not be killed, and also heard Marshall verbally abusing their mother, telling the child how he was making an example of their mother. The child also saw her mom bloodied and beaten, which tormented the child. The child was frightened and, for a time, thought her mother was going to be killed.

This case was investigated by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Timothy M. Maher prosecuted the case.

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

Acting United States Attorney Randolph J. Seiler announced that a Harrold, South Dakota, man convicted of Attempted Murder of a Federal Employee was sentenced on September 14, 2015, by U.S. District Judge Roberto A. Lange.

Brian Iron Boulder, a/k/a Brian Ironboulder, age 51, was sentenced to 216 months in custody, followed by 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Iron Boulder was indicted by a federal grand jury on April 8, 2015.  He pled guilty on June 23, 2015.

“The attempted murder of this federal employee in his own workplace was a disturbing crime, and the 18-year sentence handed down today demonstrates that justice was served,” said Seiler. “Everyone has a right to feel safe in their work environment, and when that is jeopardized by an act of violence, the consequences of the crime must send a strong message. That was accomplished in this case.”

The conviction stems from an incident on March 25, 2015, when Iron Boulder went to the Bureau of Indian Affairs (BIA) building in Fort Thompson to speak with Patrick Duffy, Superintendent of the Crow Creek Agency. Iron Boulder normally does not carry weapons with him, however on this day, he intentionally brought with him a pocket knife, with a four-inch blade. Iron Boulder purposely had the blade extended on the knife when he entered the building to speak with Superintendent Duffy, who was in a meeting, but agreed to speak with Iron Boulder. The two began to walk down the hallway, with Duffy in front, and Iron Boulder a few steps behind him. At this time, Iron Boulder took the knife out of his pocket, intentionally stabbed Duffy in the center of the back with the knife, and then fled the building. Iron Boulder admitted that he knowingly and intentionally stabbed Duffy in the back because of his role as the Superintendent of the Crow Creek agency.

Co-workers summoned law enforcement and an ambulance. Duffy was taken by ambulance, with the knife protruding from his back, to Mid-Dakota Hospital in Chamberlain. The stab wound penetrated the chest wall, with blood in the plural cavity, which required a chest tube after the knife was removed. Due to the extent of his injuries, Duffy was airlifted to Sanford Hospital in Sioux Falls and hospitalized until March 31, 2015. He continued to receive follow-up care and on April 14, 2015, Duffy was again taken to Sanford Hospital in Sioux Falls. He had a collapsed lung and required a second surgery. As a result of the attempted murder, Duffy received life-threatening injuries. He has since returned to work.

This case was investigated by the BIA, Crow Creek Agency.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

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

Acting United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on September 9, 2015, by U.S. District Judge Roberto A. Lange.

Kenneth Littlewolf, a/k/a Kenneth Little Wolf, age 27, was sentenced to 44 months in custody, followed by 3 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.

Littlewolf was indicted by a federal grand jury on March 10, 2015. He pled guilty on June 24, 2015.

The conviction stems from an incident on January 31, 2015, when Littlewolf was at a bar near Mission, and was asked to give a ride to two people. Littlewolf agreed, but got into an argument with them and stabbed both people. The bar owner, along with another bartender, broke up that fight, but Littlewolf, who was wearing work boots, kicked and stabbed the victims.  The bar owner and the bartender again tried to stop Littlewolf, who ultimately fled the area in his vehicle.

This case was investigated by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Timothy M. Maher prosecuted the case.

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

Acting United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on September 9, 2015, by U.S. District Judge Roberto A. Lange.

Theodore Provencial, age 47, was sentenced to 68 months in custody, followed by 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Provencial was indicted for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury by a federal grand jury on April 14, 2015. He pled guilty to Assault with a Dangerous Weapon on June 23, 2015.

The conviction arose from an April 3, 2015, incident at Bear Creek Community, when Provencial began fighting with the victim, stabbing her repeatedly with a kitchen knife.  A member of the household heard the victim screaming for help and attempted to intervene, hitting Provencial with a broom handle and telling him to get out of her house. Provencial then began swinging the knife at her, and then left the residence. The victim, who received more than 17 stab wounds, stopped breathing and was unconscious for a period of time.

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

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

Acting 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 September 9, 2015, by U.S. District Judge Roberto A. Lange.

Michael Archambault, age 37, was sentenced to 12 months and 1 day in custody, followed by 1 year of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Archambault was indicted for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury by a federal grand jury on March 10, 2015. He pled guilty to Assault Resulting in Substantial Bodily Injury to an Intimate Partner on June 23, 2015.

The conviction arose from an August 2, 2014, incident at Eagle Butte, when Archambault and his girlfriend got into a verbal argument. Archambault got angry and assaulted the victim with a knife, inflicting a stab wound to her arm.

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

Archambault will report to the U.S. Marshals Service on September 16, 2015, to begin serving his sentence.

Acting United States Attorney Randolph J. Seiler announced that a Nebraska man convicted of Attempted Enticement of a Minor Using the Internet was sentenced on August 18, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Phillip Holden, age 24, was sentenced to 12 years of imprisonment, followed by 10 years of supervised release, was ordered to pay a $100 special assessment to the Federal Crime Victims Fund, and is to forfeit a Motorola cell phone and $108 in U.S. currency.

Holden was one of five men who were arrested and federally indicted as a result of an undercover sex trafficking operation conducted during the 2014 Sturgis Motorcycle Rally, targeting persons willing to pay to have sex with underage girls.  All five men were indicted for Commercial Sex Trafficking.

The conviction stemmed from Holden responding to a Craigslist.com advertisement posted by Division of Criminal Investigation undercover agents, which purported to offer young girls for sex. Following several messages with a person Holden believed to be associated with a 12-year old girl, but who was in fact an undercover agent, he proceeded to negotiate the time and place they would meet, along with the price he would pay, which was $100.

The undercover operation and arrests were a joint effort between the South Dakota Division of Criminal Investigation, the Department of Homeland Security, the Federal Bureau of Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s office. Assistant U.S. Attorney Sarah Collins prosecuted the case.

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

Acting United States Attorney Randolph J. Seiler announced that a Cherry Creek, South Dakota, man convicted of Abusive Sexual Contact by Force was sentenced on August 24, 2015, by U.S. District Judge Roberto A. Lange.

Kenneth John Counting, a/k/a John Counting, age 46, was sentenced to 37 months in custody, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

The conviction arose from an incident that occurred between October 25 and October 26, 2013, when Counting visited a neighbor at Cherry Creek. During that visit, Counting engaged in sexual contact by force with the victim. The victim tried to resist and attempted to push Counting away, but he was too strong and continued to touch the victim.

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.

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

Acting United States Attorney Randolph J. Seiler announced that a Parmelee, South Dakota, man convicted of Abusive Sexual Contact by Force and Child Abuse was sentenced on August 24, 2015, by U.S. District Judge Roberto A. Lange.

Ilijah White Lance, a/k/a Iliajh White Lance, age 18, was sentenced to a total of 180 months in custody, followed by 6 years of supervised release, and a $200 special assessment to the Federal Crime Victims Fund.

White Lance was indicted by a federal grand jury on March 10, 2015.  He pled guilty on June 2, 2015.

The conviction stems from incidents on February 10, 2015, when White Lance was at the home of some friends in Parmelee, and after the occupants of the house had fallen asleep, he went into a child’s bedroom and had sexual contact with the young victim.  While White Lance was abusing the first victim, a second young child witnessed the abuse.  Later, White Lance exposed himself to the second victim and also punched the child.

This case was investigated by the Federal Bureau of Investigation, as well as the Rosebud Sioux Tribe Law Enforcement Agency.  Assistant U.S. Attorney Timothy M. Maher prosecuted the case.

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

Acting United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man charged with Sexual Abuse pled guilty to and was sentenced on August 10, 2015, by U.S. District Judge Roberto A. Lange.

Jerry Matthew Chasing Hawk, age 55, was sentenced to 36 months in custody, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

The conviction arose from an August 8, 2009, incident in Fort Thompson, when Chasing Hawk engaged in a sexual act with the victim when she was physically incapable of declining participation.

The investigation was conducted by the Bureau of Indian Affairs – Crow Creek Agency. The case was prosecuted by Assistant U.S. Attorney Jay Miller.

Chasing Hawk will report to the custody of the U.S. Marshals Service on August 31, 2015, to begin serving his sentence.

This week marks the 50th anniversary of the Voting Rights Act. Acting U.S. Attorney Randolph J. Seiler provided the following statement to commemorate the anniversary of the landmark civil legislation:

“The U. S. Attorney’s Office for the District of South Dakota has vigorously enforced the Voting Rights Act and other Federal elections statutes throughout South Dakota for many years. We will continue to work with State and County election officials to ensure equal access to the ballot box for all eligible voters.  We are committed to providing every voter in every election the right to cast their vote in an environment free from intimidation and fear.”

The Civil Rights Division for the Department of Justice has assembled the attached fact sheet to provide information on the Department’s efforts to protect the right to vote. Of particular note, for the November 2014 general election, the department monitored elections in three counties where there are significant populations of Native American voters. Two of those counties were in South Dakota, which included Charles Mix County and Shannon County.

Acting United States Attorney Randolph J. Seiler announced that a Fort Yates, North Dakota, woman convicted of Assault with a Dangerous Weapon was sentenced on August 3, 2015, by U.S. District Judge Charles B. Kornmann.

Marissa Sitting Dog, age 27, was sentenced to 18 months in custody, followed by 3 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.

Sitting Dog was indicted by a federal grand jury on March 10, 2015. She pled guilty on April 27, 2015.

The conviction stems from an incident on February 22, 2015, when the Corson County Sheriff made contact with Standing Rock Dispatch regarding a female victim who had been stabbed by Sitting Dog.  A Bureau of Indian Affairs (BIA) officer responded to the call, arrived on scene, and made contact with the victim, who had a large laceration to her left armpit.  The victim informed the officer that she had been stabbed with a knife by Sitting Dog after an argument arose between the two females.  Law enforcement arrested Sitting Dog a short time later.

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

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

Acting United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on August 3, 2015, by U.S. District Judge Charles B. Kornmann.

River Grey Bull, age 20, was sentenced to 1 year and 1 day of custody, followed by 3 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.

Grey Bull was indicted by a federal grand jury on February 12, 2014.  He pled guilty on May 18, 2015.

The conviction stems from an incident which occurred on January 24, 2014, when Standing Rock dispatch received a call for help stating a 19-year old male had been stabbed in the back of his head.  Bureau of Indian Affairs (BIA) law enforcement arrived on scene and made contact with a female who was tending to the victim.  She identified the victim, and also identified Grey Bull as the person responsible for the injuries to the victim.  Initially the officers could not locate Grey Bull, but while they were processing the scene, a young male with blood spots on his sweatpants was spotted near a patrol vehicle.  The officers interviewed Grey Bull and he admitted that he had gotten into a fight with the victim, and assaulted him with a knife.

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

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

Acting United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man convicted of Prohibited Person in Possession of a Firearm was sentenced on July 28, 2015, by U.S. District Judge Roberto A. Lange.

Cody James Horse Looking, age 30, was sentenced to 1 month in custody, followed by 18 months of supervised release, which includes 9 months of home confinement, and a special assessment of $100 to the Federal Crime Victims Fund.

Horse Looking was indicted by a federal grand jury on August 19, 2014.  He pled guilty on April 27, 2015.

The conviction stems from an incident on February 15, 2014, when Horse Looking, who previously had been convicted of Domestic Violence Simple Assault in 2011, was at a bar in Valentine, Nebraska, and had a disagreement with another man.  At some point after the bar closed, Horse Looking stopped at the Rosebud Casino Fuel Plaza convenience store, and the other man was also there.  There was more arguing and disagreement in the parking lot, when Horse Looking produced a Glock .40 caliber pistol and fired it into the air.  No one was injured or shot at directly. Horse Looking left the area and law enforcement was called.

This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms & Explosives.  Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.

Horse Looking is to self-report to the custody of the U.S. Marshals Service by September 1, 2015, to commence his sentence.

Acting United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man convicted of First Degree Burglary was sentenced on July 27, 2015, by U.S. District Judge Roberto A. Lange.

Nathan Sharpfish, age 28, was sentenced to 27 months in custody, followed by 2 years of supervised release, and a special assessment of $100 to the Federal Crime Victims Fund.

          Sharpfish was indicted by a federal grand jury on February 11, 2015.  He pled guilty on May 5, 2015.

          The conviction stems from an incident on or about January 8, 2015, when Nathan Sharpfish, who was drinking at the home of Kirby Sharpfish, was asked to leave the premises. Nathan Sharpfish left, but returned a short while later and began to hit the door of the home with a hatchet.  Kirby Sharpfish opened the door, and Nathan Sharpfish swung the hatchet at him, hitting Kirby on the back of his head, causing a laceration.

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

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

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Acting United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, woman convicted of Involuntary Manslaughter was sentenced on July 20, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Sarah Lilly Brown Eyes, age 57, was sentenced to 37 months in custody, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.  

 In June 2014, at Pine Ridge, Brown Eyes, while under the influence of alcohol, ran over a man with a pickup truck and killed him.

The investigation was conducted by the Bureau of Indian Affairs Office of Justice Services and the Oglala Sioux Tribe Department of Public Safety.  The case was prosecuted by Assistant U.S. Attorney Sarah B. Collins.

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

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Acting United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Third Degree Burglary and Aiding and Abetting was sentenced on July 27, 2015, by U.S. District Judge Roberto A. Lange.

Preston White Feather, age 19, was sentenced to 11 months in custody with credit for time served, 4 months in a Residential Re-Entry Center, 2 years of supervised release, a $100 special assessment to the Federal Crime Victims Fund, and $8,638.31 restitution joint and several.

          White Feather was indicted by a federal grand jury on November 13, 2014.  He pled guilty on March 26, 2015.

          On or about August 20, 2014, White Feather, co-defendant Nicola  Black Lance, and two juveniles, broke into the Todd County government building in Mission and stole property, including firearms held in the Todd County Sheriff’s office, as well as some marijuana and cocaine. The group caused property damage to the building.  Some of the co-defendants came up with the idea, some took part in the burglary, and all aided and abetted the burglary.

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

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

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Acting United States Attorney Randolph J. Seiler announced that a Mexican Citizen convicted of Illegal Reentry After Deportation was sentenced on July 28, 2015, by U.S. District Judge Roberto A. Lange.

Pedro Reyes-Moreno, age 28, was sentenced to time served of 203 days, and a special assessment of $100 to the Federal Crime Victims Fund.

Reyes-Moreno was indicted by a federal grand jury on December 2, 2014.  He pled guilty on June 3, 2015.

The conviction stems from an incident on or about December 1, 2014, when Reyes-Moreno, after having been previously deported from the United States in November of 2006 and June of 2012, was found back in the country.  Reyes-Moreno illegally re-entered the United States at unknown dates.  Reyes-Moreno did not obtain the consent of the Secretary of the United States Department of Homeland Security, and the Attorney General of the United States.

This case was investigated by the Immigration and Customs Enforcement.  Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.

Reyes-Moreno was immediately turned over to the custody of the U.S. Marshals Service due to a detainer from the Immigration and Customs Enforcement.

Acting United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, man convicted of Abusive Sexual Contact by Force was sentenced on July 29, 2015, by U.S. District Judge Roberto A. Lange.
Dillon Bagola, age 22, was sentenced to 10 years in custody, followed by 5 years of supervised release, $84.60 in restitution, and a special assessment of $100 to the Federal Crime Victims Fund.
Bagola was indicted by a federal grand jury on August 13, 2014.  He pled guilty on March 26, 2015.
The conviction stems from an incident on or about August 3, 2014, when the victim was attending a birthday party.  After the party, Bagola was to give her a ride home, but instead drove out to North Shore road in Fort Thompson, pulled over and forced the juvenile victim to engage in a sexual act with him.
This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Crow Creek Agency.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Bagola was immediately turned over to the custody of the U.S. Marshals Service.

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Acting United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man convicted of Assaulting, Resisting, or Impeding a Federal Officer was sentenced on July 13, 2015, by U.S. Magistrate Judge Mark A. Moreno.

Anthony One Star, age 27, was sentenced to 11 months of custody, followed by 1 year of supervised release, and a special assessment of $25 to the Federal Crime Victims Fund.

One Star was indicted by a federal grand jury on January 14, 2015.  He pled guilty on June 2, 2015.

The conviction stems from an incident on November 25, 2014, when One Star went to a friend’s house and would not leave the residence.  One Star, while intoxicated, was being disrespectful and spitting on the kitchen floor.  A police officer was summoned to remove One Star from the home, who refused to leave, and a struggle ensued between the officer and One Star, who kicked at the officer, as well as spat on him.

This case was investigated by Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Timothy M. Maher prosecuted the case.

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

Acting United States Attorney Randolph J. Seiler announced that a Milwaukee, Wisconsin, man convicted of Transportation for Prostitution was sentenced on July 16, 2015, by U.S. District Judge Karen E. Schreier.

Jaquon Duckworth, age 23, was sentenced to 10 months in custody, followed by 2 years of supervised release, and ordered to pay $100 to the Federal Crime Victims Fund.

Duckworth was indicted on the charge by a federal grand jury on July 8, 2014.  He pled guilty on to the Indictment on April 22, 2015.

Sioux Falls Police detectives on the Street Crimes Unit became aware of prostitution activity occurring at a local hotel on June 22, 2014.  Further investigation led to the defendant, Jaquon Duckworth, who was posting advertisements on line and accepting phone calls to arrange meetings for commercial sexual activity.  Duckworth later admitted that he traveled from Milwaukee, Wisconsin, to Sioux Falls with a woman for the purpose of having her engage in prostitution activity.

This case was investigated by the Sioux Falls Police Department and the Federal Bureau of Investigation.  Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.

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

Acting United States Attorney Randolph J. Seiler announced that a Milwaukee, Wisconsin, man has been indicted by a federal grand jury for Sex Trafficking by Force, Fraud, or Coercion.

Justin Damon Keith, age 30, was indicted on July 7, 2015.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on July 14, 2015, and pled not guilty to the Indictment.

The charge carries a mandatory minimum penalty upon conviction of 15 years in prison, with a maximum of life in prison, and/or a $250,000 fine, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

Between July 2014 and May 2015, the defendant allegedly recruited, enticed, harbored, transported, provided, obtained, and maintained a person, knowingly and recklessly disregarding that means of force, threats of force, fraud, and coercion would be used to cause the victim to engage in a commercial sex act.

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

The investigation is being conducted by the Sioux Falls Police Department, U.S. Department of Homeland Security Investigations, and the Federal Bureau of Investigation.  Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.  

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

Acting United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on July 13, 2015, by U.S. District Judge Roberto A. Lange.

Joseph Four Horns, age 37, was sentenced to 12 months and 1 day of custody, 2 years of supervised released, and a special assessment of $100 to the Federal Crime Victims Fund.

Four Horns was indicted by a federal grand jury on February 11, 2015.  He pled guilty on April 21, 2015.

The conviction stems from an incident on or about January 1, 2015, when the victim went to a friend’s house in St. Francis where he encountered Four Horns who, without provocation, began an altercation with him.  Four Horns pushed the victim to the ground, and then proceeded to kick the victim about the body and face.

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

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

Acting United States Attorney Randolph J. Seiler announced that Timothy Kenneth White Plume, age 36, of Pine Ridge, South Dakota, was found guilty of Felony Child Abuse and Neglect, and Assault Resulting in Serious Bodily Injury, at the conclusion of a seven-day federal jury trial in Rapid City, South Dakota.  The jury returned the verdict on July 14, 2015.

The maximum penalty on the child abuse charge is 15 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 maximum penalty on the assault charge 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.  Restitution may also be ordered.

The conviction stems from White Plume assaulting a three-month old baby in December of 2012 at Pine Ridge, causing multiple skull fractures, catastrophic brain injury, broken ribs, and a broken leg.

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. Attorneys Sarah B. Collins and Gregg S. Peterman 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.

 Acting United States Attorney Randolph J. Seiler for the District of South Dakota, and Christopher C. Myers, Acting United States Attorney for the District of North Dakota, announced the signing of a Memorandum of Agreement (MOU) between the Standing Rock Sioux Tribe and the Multijurisdictional Reentry Services Team at a ceremony at Standing Rock Sioux Tribal Council Chambers in Fort Yates, ND.  The ceremony took place on Tuesday July 7, 2015.

The historic agreement is the first time this many federal, state, and tribal agencies have worked together to address a nationwide problem that is amplified in Indian country.  The agreement is also unique because it covers Standing Rock Reservation, which encompasses both South Dakota and North Dakota, and has jurisdictional issues because of its location. The Multijurisdictional Reentry Services Team recognizes that this remote area of reservation typically does not allow people returning home to have access to services and resources found in larger urban areas. The team shares a common interest and goal towards the successful reentry of people returning home to the reservation after their incarceration.

The agreement was lauded by Troy Morley, a reentry services team member, Assistant U.S Attorney, and Tribal Liaison for the District of South Dakota. “This truly is a great opportunity for the Standing Rock Sioux Tribe and all of the state and federal partners to work together. The goal of the team is taking positive steps towards re-acclimating tribal members, in a positive and culturally related manner, that are returning home from serving time away in prison.  The population our team is targeting are returning home to the reservation regardless, so the Tribe’s creation of this working group, and the programs they intend to introduce, will increase public safety and reduce recidivism on the Standing Rock Reservation,” said Morley.

The agreement was also commended by Gary Delorme, a reentry services team member, and Assistant U.S. Attorney for the District of North Dakota. “It was a lengthy process that required the collaboration of many federal, state, and tribal reentry group members contributing significant time and expertise in formulating this groundbreaking agreement.  We have a sovereign tribal government coming together with authorities from two different states and two different federal districts, historically agreeing to partner together in aiding the Standing Rock Tribe to formulate a reentry program that will benefit the community, increase the safety of tribal members, and assist tribal members returning from prison in choosing a path that will help lead them away from a life of crime,” said Delorme.

The MOU was signed by the South Dakota U.S. Attorney’s Office, North Dakota U.S. Attorney’s Office, Standing Rock Sioux Tribe, Bureau of Indian Affairs Office of Justice Services Standing Rock Agency, South Dakota Department of Corrections, North Dakota Department of Corrections and Rehabilitation, South Dakota Unified Judicial System, North Dakota U.S. Probation and Pretrial Services, South Dakota U.S. Probation and Pretrial Services, South Dakota Department of Tribal Relations, and the North Dakota Indian Affairs Commission.

Acting United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on July 6, 2015, by U.S. District Judge Roberto A. Lange.

Kola Eagle Hunter, age 30, was sentenced to 30 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Eagle Hunter was indicted by a federal grand jury on May 13, 2014, for Assault with a Dangerous Weapon. He pled guilty to the Indictment on April 8, 2015.

The conviction arose from a July 20, 2013, incident in Eagle Butte, when Eagle Hunter drove by the victim’s house and yelled at him. Eagle Hunter was angry with the victim because he believed the victim had broken out the windows in Eagle Hunter’s father’s car several weeks earlier. Later that same day, Eagle Hunter took a club, and ran up to the victim’s front porch. The victim was smoking a cigarette on his front porch when Eagle Hunter struck him in the head with a club. The victim suffered a 5 to 6 inch laceration on his head, which required 16 staples to close.

This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Alison Ramsdell prosecuted the case.

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

Acting United States Attorney Randolph J. Seiler announced that a Wakpala, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on June 22, 2015, by U.S. District Judge Charles B. Kornmann.

Adrian Spotted Horse, age 36, was sentenced to 15 months in custody, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Spotted Horse was indicted by a federal grand jury on January 14, 2015.  He pled guilty on March 30, 2015.

The conviction stems from Spotted Horse failing to register as a sex offender between August 26, 2014, and November 17, 2014, as required by federal law.  Spotted Horse was previously convicted of a sex offense in federal court, which requires him to register as a sex offender for 15 years starting in 2014.

This case was investigated by the U.S. Marshals Service.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.

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

Acting United States Attorney Randolph J. Seiler announced that a Mobridge, South Dakota, man charged with Excavation of Archaeological Resources pled guilty to and was sentenced on June 25, 2015, by U.S. Magistrate Judge William D. Gerdes.

Carl Overbey, a/k/a CJ Overbey, age 40, was sentenced to 1 year probation, a fine in the amount of $1,000, and a special assessment of $25 to the Federal Crime Victims Fund. Overbey was also ordered to turn over the illegally taken artifacts.

The conviction stems from an incident that took place during the week of September 15, 2014, when a U.S. Fish and Wildlife agent was notified by the Walworth County Sheriff’s office that the Sheriff had seized a collection of Native American artifacts from Overbey.  The agent had contact with two U.S. Army Corps of Engineers Archaeologists in October of 2014, who recognized that the collection contained numerous artifacts that appeared to be consistent with those known to come from public land along the Missouri river. The agent also identified two eagle bone whistles in the collection. Overbey admitted that he had personally collected the artifacts from the Revheim Recreation area, southeast of Mobridge, and the Point of View area north of Mobridge. He also admitted that he knowingly went to those areas looking for artifacts and removed any artifacts he found.

The investigation was conducted by the U.S. Fish and Wildlife Service. The case was prosecuted by Assistant U.S. Attorney Meghan N. Dilges.

Acting United States Attorney Randolph J. Seiler announced that a Kansas man charged with Simple Assault pled guilty to and was sentenced on June 25, 2015, by U.S. Magistrate Judge Mark A. Moreno.

Sebastian Rosas, age 43, was sentenced to 8 days in custody, and a $10 assessment to the Federal Crime Victims Fund.

The conviction stems from an incident that took place on June 17, 2015, in Eagle Butte, South Dakota, when Rosas attempted to keep the victim from walking away from him by grabbing at her, scratching her neck, and pulling her hair.

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

Acting United States Attorney Randolph J. Seiler announced that a Howes, South Dakota, man convicted of Larceny was sentenced on June 24, 2015, by U.S. District Judge Roberto A. Lange.

Leland Logg, age 38, was sentenced to 4 years of probation, $7,583.15 in restitution, and a $100 special assessment to the Federal Crime Victims Fund.

Logg was indicted by a federal grand jury on January 14, 2015, for Larceny. He pled guilty to the Indictment on March 23, 2015.

The conviction arose when Logg, as treasurer of the Dakota Oyate Challenge Basketball Tournament Board, stole $7,583.00 from the Board by writing checks to himself, his girlfriend, and various businesses, from the Dakota Oyate bank account with Wells Fargo Bank. Logg used this money for his own personal use and to pay his personal bills in and around Eagle Butte and Dewey County.

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

Acting United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on June 22, 2015, by U.S. District Judge Roberto A. Lange.

David Marrowbone, age 51, was sentenced to 15 months in custody, followed by 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Marrowbone was indicted by a federal grand jury on June 10, 2014.  He pled guilty to the Indictment on March 26, 2015.

The conviction arose from Marrowbone’s failure to register and update his sex offender registration from between February 3, 2014, and March 13, 2014, as required by federal law. Marrowbone was required to register due to his federal conviction in 1982 for Assault with Intent to Commit Rape.

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

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

Acting 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 and Assault by Striking, Beating, and Wounding was sentenced on June 22, 2015, by U.S. District Judge Roberto A. Lange.

Julius Titus, III, age 35, was sentenced to 7 months in custody, followed by 18 months of supervised release, and a $125 special assessment to the Federal Crime Victims Fund.

The conviction arose from a June 26, 2014, incident when Titus and his intimate partner got into a verbal argument.  A male victim tried to intervene and Titus became angry, and without just cause or excuse, struck the male victim one time in the face, knocking him out. At that point, Titus’s intimate partner became angry and upset at Titus, who then physically assaulted her by pushing her down and causing her to twist and injure her ankle.

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

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

Acting United States Attorney Randolph J. Seiler announced that the Eighth Circuit Court of Appeals, in a published opinion issued June 30, 2015, affirmed all 26 felony fraud convictions and the nine-year federal prison sentence of Randal Kent Hansen. Hansen, age 67, is originally from Doland, South Dakota, and most recently from Sioux Falls.

Hansen was convicted in a January 2014 federal jury trial and sentenced in May 2014 by U.S. District Judge Karen E. Schreier.  Hansen was convicted for Conspiracy to Commit Wire Fraud and Mail Fraud, four counts of Wire Fraud, and twenty-one counts of Mail Fraud.

The case involved the investigation of a hedge fund known as RAHFCO Funds, Limited Partnership, and RAHFCO Growth Fund, Limited Partnership. As president of the fund, Randy Hansen collected money from over a hundred investors that totaled over $20 million dollars.  Investors were told that only a small portion of the money would be used to make trades on the futures market for the S&P 500, that the rest was securely invested in government securities, and that they could withdraw funds at will.  The fund operated from 2007 until April 2011, when one of Hansen’s co-conspirators turned himself into authorities.  The investigation revealed that the fund was operating in a Ponzi-like fashion, with new investor money being used to pay off existing investors seeking to withdraw funds.  As part of his sentence, Hansen has also been ordered to pay over $17.5 million in restitution to his victims.

Hansen appealed his convictions, arguing that there was insufficient evidence presented of Hansen’s knowledge that the funds were a fraud.  The Eighth Circuit Court of Appeals disagreed, citing Hansen’s role as a founder and general partner of one of the fraudulent funds. The appellate court discussed numerous examples of evidence presented at trial that Hansen made false statements directly to investors about the fund’s investment strategy, investor balances, and its performance.  At multiple times, Hansen also falsely assured investors that the fund was secure, misrepresenting to them that it was being audited and that balances were being verified by several accounting firms. These sorts of affirmative misrepresentations, the court concluded, provided sufficient evidence for the jury to conclude that Hansen knew the fund was fraudulent and that he intended to defraud investors.

Acting U.S. Attorney Seiler lauded the decision. “The appellate court’s decision, affirming more than two dozen felony convictions, brings to a close our successful prosecution of this complex, multi-million dollar fraud scheme.  Hansen’s scheme left many victims without their life’s savings.  His prison sentence and hefty restitution judgment should send a clear message about the high price of greed and deception,” said Seiler.

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

Acting United States Attorney Randolph J. Seiler announced that Glencoe CampResort II L.L.C. of rural Meade County, South Dakota, and Sean Clark from Hacienda Heights, California, pled guilty to and were sentenced for Clean Water Act violations on June 22, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Sean Clark, age 48, pled guilty to Knowing Discharge of a Pollutant From a Point Source Into a Water of the United States. Glencoe CampResort II, L.L.C., through its managing partner Devorah Lopez, pled guilty to Negligent Discharge of a Pollutant From a Point Source Into a Water of the United States.      In accordance with the terms of the negotiated plea agreement, Clark and Glencoe CampResort II were each sentenced to four years of probation, with terms to include complying with an Administrative Order of Consent with the Environmental Protection Agency (EPA), preparing and following an Environmental Compliance plan, and a fine and Community Service payment of $250,000. Clark will also be required to perform 100 hours of community service in South Dakota.

The fine and community service are to be paid jointly and severally between the two Defendants. Of the $250,000, $83,000 was ordered to Meade County to be used for environmental purposes, $83,000 was ordered to the South Dakota Department of Environment and Natural Resources (DENR), and $84,000 was ordered to the United States.

          “This case is a prime example of the Federal government working closely with the State, local communities, businesses, and concerned individuals to ensure our water sources remain safe and well suited for multi-purpose use,” said Acting U.S. Attorney Randy Seiler.  “Public awareness and support for protecting and enhancing water quality has led to even more vigorous enforcement of environmental laws.  And people who intentionally jeopardize water supplies will pay the consequences, as evidenced by the sentence handed down.”

Clark and Lopez purchased Glencoe CampResort II, L.L.C. in January   2009.  Bear Butte Creek runs through Glencoe and is a designated cold water fishery by the State of South Dakota. The Creek has been designated as a navigable water of the United States by the United States Army Corps of Engineers.  During the Sturgis Motorcycle Rally, the Creek is used by campers at Glencoe for recreational purposes. The Creek is also used by other downstream property owners for watering livestock on their properties.

In July 2012, concerned citizens called the DENR Water Rights program and the United States Army Corps of Engineers to complain about the lack of water in the Creek.  As a result, a DENR representative made a site visit to Glencoe, and observed that a dirt dam had been constructed across the Creek impounding water.

It was determined that the dam at the Campground was approximately 75 feet across, 20 feet wide, and 6 feet high, and that approximately 500 cubic yards of material was used to construct the dam, and that the impounded water created a pool approximately 500 feet upstream.   Due to the illegal construction of the dam without valid permits, both DENR and the Corps of Engineers issued a Notice of Order to Discontinue Illegal Use of Water and Notice of Violation and Cease and Desist letter to Glencoe.  The dam at Glencoe was not removed as ordered, and litigation ensued.

“Federal waterways are regulated to protect water quality, wildlife and human health,” said Jeffrey Martinez, Special Agent in Charge of EPA’s criminal enforcement program in South Dakota.  “The defendants’ failure to secure the required permits jeopardized the overall health of Bear Butte Creek, resulting in fish kills and a loss of water for livestock.  Today’s sentence demonstrates that EPA and its law enforcement partners will remain vigilant in protecting our local water supplies on which communities depend.” 

The investigation was conducted by the EPA, Meade County State’s Attorney’s office, Meade County Sheriff’s Office, DENR, U.S. Army Corps of Engineers, and the South Dakota Attorney General’s Office.  The case was prosecuted by Assistant U.S. Attorney Meghan N. Dilges.

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Acting United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury, and Assaulting, Resisting, and Impeding a Federal Officer was sentenced on June 23, 2015, by U.S. District Judge Roberto A. Lange.

Derek Kenendy, age 35, was sentenced to 27 months in custody, followed by 2 years of supervised release, and a special assessment of $200 to the Federal Crime Victims Fund.

Kennedy was indicted by a federal grand jury on December 9, 2014. He pled guilty on March 26, 2015.

The convictions stem from two separate incidents.

On July 9, 2013, one of the victims was walking home when Kennedy came up to her and hit her on the left side of her face with his fist, knocking her to the ground. While on the ground, Kennedy kicked her in the face, breaking her jaw in two places. The victim had to have her jaw wired shut for several weeks.

On October 4, 2014, the above victim and Kennedy began to argue and Kennedy hit the victim. Law enforcement was called. A Bureau of Indian Affairs (BIA) officer arrived at the home and made contact with the victim and Kennedy.

The officer attempted to arrest Kennedy, who resisted. A physical struggle ensued with the officer, as Kennedy refused to follow commands and swung at the officer.

This case was investigated by the BIA, Crow Creek Agency.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

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

Acting United States Attorney Randolph J. Seiler announced that a Faulkton, South Dakota, man convicted of Possession of Ammunition by a Prohibited Person was sentenced on June 22, 2015, by U.S. District Judge Roberto A. Lange.

Frank Facinelli, age 43, 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.

Facinelli was indicted by a federal grand jury on July 15, 2014. He pled guilty on April 6, 2015

Facinelli, who had multiple felony convictions, was convicted of Third Offense felony Driving Under the Influence in 2012 in Faulk County. In October 2014, a parole search of Facinelli’s residence in Faulk County confirmed the presence of approximately 1,000 rounds of ammunition.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Jay Miller prosecuted the case.

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

Acting United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man convicted of Third Degree Burglary was sentenced on June 15, 2015, by U.S. District Judge Charles B. Kornmann.

Blake Crow Ghost, age 21, was sentenced to 6 months in custody, followed by 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Crow Ghost was indicted for First Degree Burglary, Assault with a Dangerous Weapon, and Third Degree Burglary by a federal grand jury on June 23, 2014.  He pled guilty to Third Degree Burglary on March 5, 2015.

 The conviction arose from a June 22, 2013, incident at McLaughlin, when Crow Ghost and two co-defendants entered a garage and damaged a sitting area, and also removed speakers from the garage and smashed them against the house. Later that night, Crow Ghost joined in physical altercations between his co-defendants and several victims. Crow Ghost kicked one victim while he was on the ground, tackled another victim and caused her to fall into a garage door, and attacked a third victim.

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

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

Acting United States Attorney Randolph J. Seiler announced that David Nance, age 31, and Ashley Crayton, age 26, of Minneapolis, were sentenced by U.S. District Judge Karen E. Schreier for sex trafficking. 

Nance pled guilty to the charge of Transportation for Prostitution on March 19, 2015.  He was sentenced on June 8, 2015, to 37 months in custody, followed by 3 years of supervised release.

Crayton pled guilty to the charge of Interstate Travel or Transportation in Aid of Racketeering Enterprise on February 6, 2015.  She was sentenced on May 21, 2015, to time served and 2 years of supervised release.

In September of 2014, Sioux Falls police responded to a call from the Red Roof Inn regarding a complaint of possible prostitution activity at the hotel.  Several men were observed entering and leaving a specific room in the hotel.  Further investigation was completed and the two defendants were subsequently arrested for working together to promote prostitution.

Crayton posted prostitution advertisements on Backpage.com, while Nance provided the transportation, paid for the hotel room, and took all of the money from the prostitution victim in this case.

The case was investigated by the Sioux Falls Police Department and Homeland Security Investigations. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.

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

Acting United States Attorney Randolph J. Seiler announced that a La Plant, South Dakota, man and woman, convicted of Incest, were sentenced by U.S. District Judge Roberto A. Lange.

Nicholas Ray White Eagle, age 28, was sentenced to 12 months and one day in custody, followed by 1 year of supervised release. Fawn Lynn Scott, age 22, was sentenced to 4 months in custody, followed by 2 years of supervised release.  Both were ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

 White Eagle and Scott were indicted by a federal grand jury on January 14, 2015, and pled guilty to Incest in March of 2015.

On or about October 21, 2013, first cousins White Eagle and Scott had consensual sexual intercourse that produced a child with a genetic disability.  This is the third child born to these two cousins. At the time of the sexual intercourse, White Eagle and Scott were not legally married and were within the degrees of consanguinity with each other within which a marriage was void.

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

White Eagle and Scott were immediately turned over to the custody of the U.S. Marshals Service.

Acting United States Attorney Randolph J. Seiler announced that a Timber Lake, South Dakota, man charged with Larceny, pled guilty to and was sentenced on June 3, 2015, by U.S. Magistrate Judge Mark A. Moreno.

Chapen Kraft, age 18, was sentenced to 18 months of probation and a special assessment of $25 to the Federal Crime Victims Fund.

The conviction stems from an incident between September 15, 2014, and October 11, 2014, when Kraft broke into a barn or storage shed and stole a two-ton jack, a 12-volt jumper box, a roll of air hose, an 8 foot roll of cable, and a used vehicle tire.

This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Agency.  Assistant U.S. Attorney Carrie G. Sanderson prosecuted the case.

Acting United States Attorney Randolph J. Seiler announced that a Bronx, New York, man convicted of Using or Trafficking in an Unauthorized Access Device and Aiding and Abetting was sentenced on June 2, 2015, by U.S. District Judge Roberto A. Lange.

Francis Frias, age 21, was sentenced to serve 2 years in federal prison, followed by 2 years of supervised release, $10,040.92 in restitution, joint and several with his co-defendants, and a $100 special assessment to the Federal Crime Victims Fund.

The conviction arose from activities that occurred between June 23, 2014, and July 5, 2014, when Frias and two co-defendants used “account takeovers” — which is where the defendants posed as established AT&T customers who wanted to upgrade by adding new lines or phones to their existing cell plans.  Frias and his co-defendants were provided confidential subscriber information while they were outside an AT&T store. Before Frias or one of his co-defendants went into an AT&T store, another person had already called into AT&T and added one of the three of them as an authorized user to the original AT&T customer’s account.  Once the cell phones were purchased, Frias mailed them to addresses provided by another individual.  Frias would be paid for each phone he purchased and shipped.

On July 5, 2014, a traffic stop was conducted on Interstate 90 in Jones County.  The three individuals in the vehicle, including Frias, were from New York.  The vehicle was a rental and was due back in Colorado on June 24, 2014.  A probable cause search was conducted and a white plastic bag with 14 brand new, in-the-box Apple 5S iPhones were found in the trunk, along with receipts from an AT&T Store in Pierre, South Dakota.  The names on the receipts did not match any of the three individuals in the vehicle.

This case was investigated by the Office of Attorney General, Division of Criminal Investigation, and the U.S. Department of Homeland Security, Secret Service. Assistant U.S. Attorney Jay Miller prosecuted the case.

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

Acting United States Attorney Randolph J. Seiler announced that five men have been charged with Attempted Commercial Sex Trafficking after responding to on-line advertisements. The U.S. Department of Homeland Security Investigations, along with the South Dakota Internet Crimes Against Children Task Force, conducted an on-line undercover operation to identify persons who attempt to purchase sex acts with children. 

Jose Joaquin Oxlaj, age 26, of Guatamala, was indicted on May 5, 2015.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on May 11, 2015, and pled not guilty to the Indictment. 

Nathanuel Walter Downs, age 27, of Sioux City, Iowa; Benjamin Lyle Iverson, age 25, of Sioux Falls; Lance Eugene Hunter, Jr., age 29, of Little Rock, Iowa; and Scott Robert Larson, age 29, of Sioux Falls, were indicted on June 2, 2015, and made their initial appearances before U.S. Magistrate Judge Veronica L. Duffy on June 3 and 4, 2015. Each of the men pled not guilty to the Indictment. 

There is a mandatory minimum sentence of 10 years imprisonment, with a maximum sentence of life, a $250,000 fine, supervised release of not less than 5 years and up to life, and a $100 special assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charges are merely accusations and each man is presumed innocent until and unless proven guilty.
 
Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the cases.   

Oxlaj was remanded to the custody of the U.S. Marshals Service pending trial. Iverson was returned to the custody of Minnehaha County where he is facing state charges for assaulting a law enforcement officer.  Downs, Larson and Hunter were released on bond.   Trial dates have not been set.

Acting United States Attorney Randolph J. Seiler announced that a Denver, Colorado, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on June 3, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Vincent Rios, age 32, was sentenced to 87 months in federal prison, followed by 4 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Rios pled guilty to the charge on December 17, 2014.  The charge related to Rios conspiring with others to distribute 50 grams or more of methamphetamine in the District of South Dakota in 2014.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Rapid City Police Department, the South Dakota Highway Patrol, the South Dakota Division of Criminal Investigation, and the Pennington County Sheriff’s Office.  Assistant U.S. Attorney Eric Kelderman prosecuted the case.

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

Acting United States Attorney Randolph J. Seiler announced that a Rosebud, South Dakota, man convicted of Conspiracy to Distribute and Possession with Intent to Distribute a Controlled Substance was sentenced on June 1, 2015, by U.S. District Judge Roberto A. Lange.

Lawrence Bordeaux, age 31, was sentenced to 21 months in custody, 2 years of supervised release, a $1,000 fine, and a $100 special assessment to the Federal Crime Victims Fund.  He will also forfeit $1,200 seized during his arrest.

Bordeaux was indicted by a federal grand jury on June 10, 2014.  He pled guilty on March 3, 2015.

The conviction arose from a March 2014 traffic stop on the Rosebud Reservation, when Bordeaux did not have a driver’s license and was suspected of being under the influence. When a police service dog indicated twice on the vehicle, Bordeaux was patted down and placed in the patrol car. Officers found three rolled bundles of money that totaled $1,200 in Bordeaux’s pocket, and a digital scale and a marijuana cigarette in his vehicle. During the booking process, Bordeaux admitted he had hidden some plastic baggies on his person. These baggies contained a white powder residue. When Bordeaux was escorted to the shower room, he pulled out three more containers that contained 7.48 grams of methamphetamine. Bordeaux admitted that he had been distributing methamphetamine, mainly 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. Attorney Jay Miller prosecuted the case.

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

Acting United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, woman convicted of Misprison of a Felony was sentenced on June 1, 2015, by U.S. District Judge Roberto A. Lange.

Chelsea Larvie, age 21, was sentenced to six months in custody with credit for six months served, one year of supervised release, a $100 special assessment to the Federal Crime Victims Fund, and $8,638.31 in restitution.

Larvie was indicted for Misprison of a Felony by a federal grand jury on December 9, 2014.  She pled guilty on March 2, 2015.

On or about August 26, 2014, Larvie was aware burglary and larceny offenses had been committed at the Todd County government building by her friends, but she concealed her knowledge of the felony offenses from law enforcement authorities investigating the matter, as well as misled authorities.

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

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

Acting United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Enticement of a Minor Using the Internet was sentenced on June 3, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court.
 
Casey James Godfrey, age 30, was sentenced to serve 20 years in federal prison, followed by 20 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.  
 
 Between July 2013 and January 2014, at Rapid City, Godfrey used the Internet to entice a 13 year-old female and a 15 year-old female to email him several photographs of them in various stages of undressing, to include nude and partially nude photos.  At the time of his arrest, Godfrey was working as a janitor at Pinedale Elementary School.

“This sentence sends a strong message,” said Seiler.  “Preventing the sexual exploitation and abuse of children is a top priority of our office, and the 20-year federal prison term that was handed down should reinforce that there will be severe criminal consequences for Internet predators.”

The investigation was conducted by the Internet Crimes Against Children Task Force.  The case was prosecuted by Assistant U.S. Attorney Sarah B. Collins.

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

Acting United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Felony Child Abuse and Aiding and Abetting was sentenced on May 29, 2015, by U.S. District Judge Roberto A. Lange.

Francis Swan, age 25, was sentenced to 30 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

On or about October 18, 2014, the defendant’s 20-month-old son died as a result of blunt force trauma to the child’s head.  Two months prior, Swan and Jordyn Blue Coat, his wife and co-defendant, had regained custody of their baby from a Mobridge couple who had been taking care of him since his birth. He was a difficult baby who frequently cried and was hard to console. This became difficult for the mother, and to some extent, for Swan. During the last two months of his life, the child was abused, tortured, and cruelly punished by Jordan Blue Coat for his fussy behavior.

After the child’s death, an autopsy found that he had died from blunt force trauma to his skull, which caused a subdual hemorrhage and in turn led to bilateral cerebral brain failure. But in addition to the head trauma, the child had multiple burns, contusions, abrasions, and injuries all over his body, which included chronic and acute bone fractures.

While Swan did not cause these injuries, he exposed the child to this physical abuse by the child’s mother and also failed to seek medical attention and treatment for the child’s many injuries, including the bone fractures.

This case was investigated by the Federal Bureau of Investigation, the South Dakota Department of Social Services, and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Mikal Hanson prosecuted the case.

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

Acting United States Attorney Randolph J. Seiler announced that a Cherry Creek, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on June 1, 2015, by U.S. District Judge Roberto A. Lange.

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

Hale was indicted by a federal grand jury on December 9, 2014. He pled guilty to the Indictment on March 26, 2015.

The conviction arose from a February 6, 2014, incident when Hale became upset at the victim for not supporting him and backing him up during an earlier altercation.  Hale assaulted the victim with his fist, striking him several times in the face and head, until the victim was knocked unconscious. As a result of the assault by Hale, the victim received two fractures of his facial bones, and numerous stitches to both the inside and outside of his lip.

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

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

Acting United States Attorney Randolph J. Seiler announced that two Pine Ridge, South Dakota, men convicted of Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury were sentenced on June 2, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court.  The men were found guilty at the conclusion of four-day federal jury trial in Rapid City in February.

Wesley Running Shield, age 28, and Michael Alford, age 33, both of Pine Ridge, were each sentenced to 15 years in custody, 3 years of supervised release, and ordered to pay a $200 special assessment to the Federal Crime Victims Fund. 

The convictions stem from Running Shield and Alford assaulting a male with a metal bar and shod feet on June 12, 2014, at Pine Ridge.  The defendants utilized a metal bar to break the victim’s leg and hand and caused a large laceration on his head.

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. Attorneys Sarah B. Collins and Kathryn N. Rich prosecuted the case.
Running Shield and Alford were immediately turned over to the custody of the U.S. Marshal's Service.   

Acting United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Conspiracy to Distribute Methamphetamine, Possession of Firearms During a Drug Trafficking Crime, Felon and Fugitive in Possession of Firearms, Possession of Methamphetamine with the Intent to Distribute, and Distribution of Methamphetamine was sentenced on May 27, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court.  The convictions were the result of an eight-day federal jury trial in Rapid City in December of 2014.

Luis Olivares, age 43, was sentenced to life imprisonment without the possibility of release, and ordered to pay $600 in special assessments to the Federal Crime Victims Fund.

The convictions stem from a conspiracy led by Olivares, involving the recruitment of many other participants, including minors, to illegally distribute approximately 5 to 15 kilograms of methamphetamine in South Dakota and elsewhere. The conspiracy began in 2008 and concluded in late 2010 after Olivares and 15 others were indicted for various drug and firearms offenses.

While involved in this conspiracy, Olivares engaged law enforcement in a high-speed chase, which ended in him crashing his vehicle, which had approximately two pounds of methamphetamine inside.  During the pursuit by law enforcement, Olivares threw a pound of methamphetamine out the car window.  After the crash, he fled on foot and hid an additional pound of methamphetamine under a rock in a field. 

Olivares has two previous drug felony convictions out of Colorado, which contributed to his enhanced sentence.  All of the 15 co-defendants pleaded guilty to at least one federal felony offense. The methamphetamine that Olivares led the others in distributing was distributed primarily in Rapid City and on the Pine Ridge Indian Reservation.   

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives, Drug Enforcement Administration, the Unified Narcotics Enforcement Team, the Rapid City Police Department, the Pennington County Sheriff’s Office, and the South Dakota Highway Patrol.  Assistant U.S. Attorneys Kathryn N. Rich and Jay Miller prosecuted the case.

Olivares was immediately returned to the custody of the U.S. Marshals Service.

Acting United States Attorney Randolph J. Seiler announced that a Wakpala, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury and four counts of Sexual Abuse of a Minor was sentenced on May 15, 2015, by U.S. District Judge Charles B. Kornmann.  The convictions were the result of a jury trial held in Pierre in September of 2014.

Stoney End Of Horn, age 37, was sentenced to 293 months in custody, 5 years of supervised release, and a $500 special assessment to the Federal Crime Victims Fund.

The assault conviction stemmed from an incident that occurred in September 2008 near Wakpala, when End Of Horn assaulted the victim on a rural road. The 2008 assault caused multiple facial fractures and internal injuries to the victim’s brain. The surgeon that repaired the victim’s face described the bones as “busted up so bad they were like a bag of potato chips.”  Eventually, injuries from the assault caused the victim to have a cerebellar infarction on February 9, 2010.  The evidence at trial established that the victim never recovered from the cerebellar infarction and died at Triumph Long-Term Care Hospital in Mandan, North Dakota, on June 25, 2010.

The sexual abuse convictions arose from incidents in 2010 when End Of Horn, who had previously been convicted in South Dakota State Court for Possession, Manufacturing, and Distributing Child Pornography, engaged in repeated sexual acts with a minor victim he was caring for in Wakpala.  The young victim considered End Of Horn to be a father figure.

This case was investigated by the Federal Bureau of Investigation, the Bureau of Indian Affairs, Standing Rock Agency, the National Park Service, and the Mobridge Police Department.  The case was prosecuted by Assistant U.S.  Attorneys Troy R. Morley and Mikal Hanson.

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