District of South Dakota

Acting United States Attorney Randolph J. Seiler announced that all six defendants involved in a recent scheme to defraud the Internal Revenue Service (IRS) and identity theft have now been sentenced by U.S. District Judge Karen E. Schreier.  On February 4, 2014, all six defendants were indicted for Conspiracy to Defraud the United States and five of the six defendants were indicted for Aggravated Identity Theft.

Jennifer Robinson, age 26, of Fargo, ND, pled guilty to the charges in October of 2014.  She was sentenced on May 18, 2015, to 1 day in custody to be followed by 2 years of supervised release on the conspiracy charge, and 24 months in custody to be followed by 1 year of supervised release on the identity theft offense.  The time in custody will be served consecutively, and the supervised release will be served concurrently.  Robinson was also ordered to pay $33,015.00 in restitution to the IRS.

Shawnte Washington, age 32, of Tampa, FL, pled guilty to the charges in February of 2015.  She was sentenced on May 18, 2015, to 1 day in custody to be followed by 2 years of supervised release on the conspiracy charge, and 24 months in custody to be followed by 1 year of supervised release on the identity theft offense.  The time in custody will be served consecutively, and the supervised release will be served concurrently.  Washington was also ordered to pay $16,065.00 in restitution to the IRS.

Undra Stewart Franks, age 28, of Little Rock, AR, pled guilty to the offenses in February of 2015. He was sentenced on May 4, 2015, to 1 day in custody to be followed by 2 years of supervised release on the conspiracy charge, and 24 months in custody to be followed by 1 year of supervised release on the identity theft offense.  The time in custody will be served consecutively, and the supervised release will be served concurrently.  Franks was also ordered to pay $9,679.00 in restitution to the IRS.

Timothy L. Brister, Jr., age 30, of Tampa, FL, pled guilty to the offenses in January of 2015. He was sentenced on April 27, 2015, to 1 day in custody to be followed by 2 years of supervised release on the conspiracy charge, and 24 months in custody to be followed by 1 year of supervised release on the identity theft offense.  The time in custody will be served consecutively, and the supervised release will be served concurrently.  Brister was also ordered to pay $9,679.00 in restitution to the IRS.  

Anna Weber, age 28, of Horace, ND, pled guilty to the conspiracy charge in October of 2014. She was sentenced on April 16, 2015, to 3 years of probation.  Weber was also ordered to pay $73,146.81 in restitution to the IRS.

Donta J. Moore, age 29, of Kansas City, MO, pled guilty to the charges in October of 2014.  He was sentenced on March 13, 2015, to 27 months in custody to be followed by 2 years of supervised release on the conspiracy charge, and 24 months in custody to be followed by 1 year of supervised release on the identity theft offense.  The time in custody will be served consecutively, and the supervised release will be served concurrently.  Moore was also ordered to pay $160,176.18 in restitution to the IRS.

Donta Moore and Undra Stewart Franks played for the Sioux Falls Storm Arena Football team in 2012.

The convictions stemmed from the defendants conspiring to defraud the United States by using stolen personal information, including names, Social Security numbers, and dates of birth, to file fraudulent income tax returns which claimed false income tax refunds.  Five of the six defendants were also convicted of identity theft for their part in stealing the personal information. The investigation was conducted by the IRS– Criminal Investigation.  The Moorhead, MN Police Department and the U.S. Secret Service also aided in the investigation.  Assistant U.S. Attorney John E. Haak prosecuted the case.

Acting United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, man convicted of Arson was sentenced on May 12, 2015, by U.S. District Judge Roberto A. Lange.

Lewis Brown, Jr., age 21, was sentenced to 42 months in custody, 4 years of supervised release, $45,661.86 in restitution, and a $100 special assessment to the Federal Crime Victims Fund.

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

The conviction stems from an incident on or about October 15, 2014, when Brown, who was at the residence of the victim in Fort Thompson, had a disagreement with the victim’s family and was asked to leave.  He left and then came back, but went to the residence next door which shares a common wall with the first victim’s home.  Brown started the apartment on fire and then fled the residence. A Bureau of Indian Affairs (BIA) officer responded to the call that the duplex was on fire and people may be trapped inside.  The officer was also informed that Brown had been present across the street, watching the fire, but fled before the fire department and police arrived.

This case was investigated by the BIA Crow Creek Agency.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.

Brown 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, woman charged with Simple Assault pled guilty and was sentenced on May 18, 2015, by U.S. Magistrate Judge Mark A. Moreno.

Lisa Lone Eagle, age 34, was sentenced to 83 days in custody and a $10.00 special assessment to the Federal Crime Victims Fund.

The conviction stems from an incident that took place on December 9, 2014, when Lone Eagle and her brother were walking down the street in Cherry Creek, South Dakota, and the victim was walking ahead of them. Lone Eagle and her brother were angry at the victim for providing an interview with the Cheyenne River Sioux Police Department that implicated Lone Eagle’s brother in a federal crime. Lone Eagle threatened and yelled obscenities at the victim and picked up an iron bar and threw it at the victim. The iron bar missed the victim and she was not injured.

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

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

Acting United States Attorney Randolph J. Seiler announced that Theodore “Ted” J. Nelson, Jr., age 67, and his son, Steven A. Nelson, age 45, both of Letcher, South Dakota, were found guilty of tax crimes as a result of a federal jury trial in Sioux Falls, South Dakota.  The trial commenced on May 5, 2015, and ended on May 12, 2015.

The Nelsons were indicted by a federal grand jury on April 8, 2015.  Ted Nelson was charged with one count of conspiracy to defraud the United States, six counts of failure to file income tax returns, and one count of impeding the Internal Revenue Service. Steven Nelson was charged with one count of conspiracy to defraud the United States, seven counts of failure to file income tax returns, and one count of impeding the Internal Revenue Service.    

The conspiracy charge carries a maximum penalty of 5 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.  For failure to file income tax returns, each count carries a maximum penalty of 1 year in custody and/or a $1,000 fine, no supervised release, a $25 special assessment to the Federal Crime Victims Fund, costs of prosecution, and restitution.  The impeding count carries a maximum penalty of 3 years in custody and/or a $5,000 fine, 1 year of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

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

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

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

A presentence investigation was ordered and a sentencing date was set for August 17, 2015.  Ted Nelson was remanded to the custody of the U.S. Marshals Service, and Steve Nelson was released pending sentencing.

Acting United States Attorney Randolph J. Seiler announced that Theodore “Ted” J. Nelson, Jr., age 67, and his son, Steven A. Nelson, age 45, both of Letcher, South Dakota, were found guilty of tax crimes as a result of a federal jury trial in Sioux Falls, South Dakota.  The trial commenced on May 5, 2015, and ended on May 12, 2015.

The Nelsons were indicted by a federal grand jury on April 8, 2015.  Ted Nelson was charged with one count of conspiracy to defraud the United States, six counts of failure to file income tax returns, and one count of impeding the Internal Revenue Service. Steven Nelson was charged with one count of conspiracy to defraud the United States, seven counts of failure to file income tax returns, and one count of impeding the Internal Revenue Service.    

The conspiracy charge carries a maximum penalty of 5 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.  For failure to file income tax returns, each count carries a maximum penalty of 1 year in custody and/or a $1,000 fine, no supervised release, a $25 special assessment to the Federal Crime Victims Fund, costs of prosecution, and restitution.  The impeding count carries a maximum penalty of 3 years in custody and/or a $5,000 fine, 1 year of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

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

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

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

A presentence investigation was ordered and a sentencing date was set for August 17, 2015.  Ted Nelson was remanded to the custody of the U.S. Marshals Service, and Steve Nelson was released pending sentencing.

Acting United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, man convicted of Assault Resulting in Substantial Bodily Injury to a Dating or Intimate Partner was sentenced on May 12, 2015, by U.S. District Judge Roberto A. Lange.

Vincent Battese, age 28, was sentenced to 12 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Battese was indicted by a federal grand jury on December 9, 2014. He pled guilty on March 24, 2015.

The conviction stems from an incident on or about September 1, 2014, when Battese assaulted the victim, his long term girlfriend with whom he has four children.  The victim suffered bodily injury, including a ruptured eardrum and a broken finger.

This case was investigated by the Bureau of Indian Affairs, Crow Creek Agency.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

Battese 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 Assault with a Dangerous Weapon was sentenced on May 12, 2015, by U.S. District Judge Roberto A. Lange.

Misty Fawn Swalley, age 24, was sentenced to 36 months in custody, two years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Swalley was indicted for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury by a federal grand jury on July 15, 2014.  She pled guilty to Assault with a Dangerous Weapon on September 24, 2014.

On June 25, 2014, Swalley was at a gas station in Mission with some other people.  The victim was also at the gas station, talking to an individual who was with Swalley.  Swalley became upset at the conversation taking place, and circled behind the victim and stabbed him in the back with a steak knife.

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

Swalley 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 by Striking, Beating and Wounding was sentenced on May 8, 2015, by U.S. Magistrate Judge Mark A. Moreno.

Loren LaPlante, Jr., age 24, was sentenced to 18 months of probation, $100.96 in restitution, and $25 to the Federal Crime Victims Fund.

LaPlante was indicted by a federal grand jury on February 11, 2015.  He pled guilty on March 16, 2015.

The conviction stems from an incident on January 9, 2015, when LaPlante, who was intoxicated in a bar in Dupree, got into a verbal confrontation with an adult male victim who was playing darts.  Once the victim was done playing darts, he approached LaPlante, who sucker-punched the victim in the face. The Defendant’s assault was made without just cause or excuse, and it struck and wounded the victim, who needed medical attention for the injury to his face.

This case was investigated by the Cheyenne River Sioux Tribal Law Enforcement Agency.  Assistant U.S. Attorney Mikal Hanson prosecuted the case.

Acting United States Attorney Randolph J. Seiler announced that a Chamberlain, South Dakota, man convicted of Larceny was sentenced on May 11, 2015, by U.S. District Judge Roberto A. Lange.

James Short Bear, age 19, was sentenced to 8 months in custody, $500 in restitution, and a special assessment of $100 to the Federal Crime Victims Fund.

 Short Bear was indicted by a federal grand jury on February 11, 2015.  He pled guilty on March 26, 2015.

The conviction stems from an incident which occurred between February 11, 2014, and February 13, 2014, when Short Bear entered the Lower Brule Sioux Tribal administration building and stole a ceremonial pipe known as a Chanupa.  The Chanupa had been purchased by the Tribe in 2006 for $5,500.  Short Bear was captured on video entering the building and leaving a short time later with the Chanupa.  After a few months had passed, Short Bear pawned the pipe for $500, claiming he had made it himself.

 This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Lower Brule Law Enforcement Agency.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

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

Acting United States Attorney Randolph J. Seiler announced that a Ft. Thompson, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on May 5, 2015, by U.S. District Judge Roberto A. Lange.

Wylie Wind, age 28, was sentenced to 18 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Wind was indicted by a federal grand jury on February 11, 2015, and pled guilty to Failure to Register as a Sex Offender on March 10, 2015.

The conviction arose from Wind’s failure to register and update his sex offender registration between December 15, 2014, and February 6, 2015.  Wind was required to register as a sex offender due to a prior federal conviction. Wind knowingly failed to register and update his address as required by federal law.

The investigation was conducted by the U.S. Marshals Service. The case was prosecuted by Assistant U.S. Attorney Meghan Dilges.

Wind was remanded 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, woman convicted of Second Degree Murder was sentenced on May 4, 2015, by U.S. District Judge Roberto A. Lange.

Jordyn Blue Coat, a/k/a Jordyn Swan, age 21, was sentenced to 240 months in custody, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Blue Coat was indicted by a federal grand jury on October 21, 2014, for Child Abuse. On February 2, 2015, she pled guilty to a Superseding Information charging her with Second Degree Murder of a Child.

The conviction stems from an incident that occurred on October 17, 2014, when Blue Coat was the caretaker of a 20-month old child. According to Blue Coat, in the last two months of the child’s life, he frequently cried and was hard to console. The evening of October 17, the child had a messy diaper, which Blue Coat changed and temporarily left on the bedroom floor near the child, while she stepped out to use the restroom. When she returned, the child had gotten ahold of the dirty diaper and had feces all over his clothes and himself. At this time, Blue Coat became angry, lost control of her emotions and kicked the child in the head. The kick pushed the child’s head into a television stand in the bedroom. As a result, the child was unconscious and his head began to swell from the injury he received. After spending some time trying to awaken the child, Blue Coat took him to the emergency room at the Indian Health Services (IHS) Hospital in Eagle Butte.

Blue Coat told hospital medical providers that the child had “fallen two days ago in the park” and hit his head. She did not provide an accurate medical history. The child was unresponsive at the hospital. Additionally, there was swelling around the child’s left ear, eyes were swollen shut, and there was a large burn injury to the leg. The child also had multiple chronic and acute burn injuries throughout his body. Doctors at IHS immediately suspected the child had a closed head injury and air evacuated him to Rapid City Regional Hospital, where emergency medical personnel worked on him for four hours. The child died in the emergency room on October 18, 2014.

The autopsy report listed the cause of death as blunt force trauma to the head that caused acute subdural hemorrhaging, and led to bilateral cerebral brain failure. The autopsy also revealed multiple burns, contusions, abrasions, and injuries to the child’s head, face, and feet, along with old and recent bone fractures.

The investigation was conducted 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.

Blue Coat was immediately turned over to the custody of the U.S. Marshals Service to begin serving her sentence.

Acting United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man was convicted of Misprision of a Felony and was sentenced on May 4, 2015, by U.S. District Judge Roberto A. Lange.

Robert McLane, age 29, was sentenced to 1 month in custody, 12 months of supervised release, $925 in restitution, and a $100 special assessment to the Federal Crime Victims Fund.

McLane was indicted by a federal grand jury on July 15, 2014, for Possession and Sale of a Stolen Firearm. On February 24, 2015, McLane pled guilty to a Superseding Information charging him with Misprision of a Felony.

The conviction arose from an incident that occurred on October 4, 2013, at Eagle Butte, when McLane failed to report a serious crime, even though he was very aware that the federal crimes of burglary and larceny had been committed.
         
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Mikal Hanson prosecuted the case.  

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 May 4, 2015, by U.S. District Judge Roberto A. Lange.

Kenny Fiddler, age 34, was sentenced to 27 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Fiddler was indicted by a federal grand jury on December 9, 2014, and pled guilty to Assault with a Dangerous Weapon on March 3, 2015.

The conviction arose from an August 23, 2014, incident in Eagle Butte, when Fiddler took a folding knife, put the blade to the back of the victim’s neck and threatened to do bodily harm to the victim, an adult male.
         
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Mikal Hanson prosecuted the case.     

Acting United States Attorney Randolph J. Seiler announced that a Chicago, Illinois, man charged with Criminal Trespass pled guilty to and was sentenced on April 28, 2015, by U.S. Magistrate Judge Mark A. Moreno.

Steven Nichols, age 44, was sentenced to 12 months in custody, 1 year of supervised release, a $25 assessment to the Federal Crime Victims Fund, and ordered to not re-enter the lands of Todd County and the Rosebud Sioux Indian Reservation.

 In the summer of 2011, the Rosebud Sioux Tribe’s Attorney General petitioned the tribal court to bar Nichols, a non-Indian, from entering the lands of the Rosebud Sioux Indian Reservation. On June 10, 2011, he was served with notice of the proceedings. On September 22, 2011, the Rosebud Sioux Tribal Court entered an Emergency Writ of Exclusion barring him from entering the lands of the Rosebud reservation, and the Rosebud Sioux Tribal Council voted to exclude the Defendant from the reservation. On September 23, 2011, a tribal law enforcement officer served him with the exclusionary order and escorted him off of the reservation.

Tribal law enforcement officers later learned that Nichols had re-entered the reservation. On September 9, 2012, officers apprehended him and again transported him off of the reservation. On January 30, 2013, officers learned Nichols was staying at a residence within the reservation, and upon searching the residence, found him hiding in a crawl space.  He was arrested on federal criminal trespass charges and transported off of the reservation and into federal custody.

 On March 14, 2014, Nichols was in a car near Two Strike, when a tribal patrol officer encountered him driving towards St. Francis, located within the Rosebud reservation.  By being on the reservation, the Defendant defied orders to leave that were previously communicated to him. Nichols was convicted of criminal trespass and sentenced to nine months custody on September 30, 2014.

Nichols was placed at the Work Release Program in Winner on December 11, 2014. On January 16, 2015, Nichols was on a furlough and trespassed onto the Rosebud reservation. Nichols went to a home in St. Francis, and the occupant of the home called the police and Nichols was detained by law enforcement.

Nichols has repeatedly trespassed on the Rosebud Sioux Indian Reservation and, since 2013, this is his fourth conviction or Criminal Trespass in federal court. This conviction resulted in the statutory maximum of 12 months in custody.

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

Nichols was remanded to the custody of the U.S. Marshals Service to complete his sentence.

Acting United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man convicted of Making False Statement to Federal Agency was sentenced on April 27, 2015, by U.S. District Judge Roberto A. Lange.

Luke Two Eagle, age 20, was sentenced to 18 months in custody, 18 months of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Two Eagle was indicted for Sexual Abuse of a Minor and Making False Statement to Federal Agency by a federal grand jury on July 15, 2014.  He pled guilty to Making False Statement to Federal Agency on November 24, 2015.

On May 1, 2014, a Federal Bureau of Investigation (FBI) Special Agent went to Two Eagle’s house, looking for the minor who had ran away from her custodian and started living with Two Eagle.  While the agent was at Two Eagle’s house, Two Eagle lied about the minor’s whereabouts and said she had packed up her belongings and left his house about a week prior.  Thereafter, the agent searched for the minor and found her hiding inside a utility room behind a laundry machine.  The agent removed the runaway minor from the home and re-interviewed Two Eagle, who acknowledged he had made false statements to the agent.

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

Two Eagle 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, woman convicted of Concealing Person from Arrest was sentenced on April 28, 2015, by U.S. Magistrate Judge Mark A. Moreno.

Samantha Spotted War Bonnet, age 24, was sentenced to one year probation, and a $25 special assessment to the Federal Crime Victims Fund.

Spotted War Bonnet was indicted for on November 13, 2014 by a federal grand jury.  She pled guilty on April 28, 2015.

Between June 12, 2014, and June 13, 2014, Spotted War Bonnet harbored and concealed a person who had an active warrant for arrest.

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

Spotted War Bonnet was released on probation.

Acting United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on April 27, 2015 by U.S. District Judge Roberto A. Lange.

David Eagle Bear, age 31, was sentenced to 27 months in custody, 6 years of supervised release, a $100 fine, a $100 special assessment to the Federal Crime Victims Fund, and $527.24 for restitution.

Eagle Bear was indicted for Failure to Register as a Sex Offender by a federal grand jury on November 13, 2014.  He pled guilty on January 26, 2015.

Eagle Bear was previously convicted of a sex offense that required him to register as a sex offender, and he signed paperwork acknowledging that requirement.  Between August 4, 2014, and October 19, 2014, Eagle Bear moved and failed to change and update his sex offender registration as required by law.

This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Tim Maher prosecuted the case.

Eagle Bear 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, woman convicted of Assault with a Dangerous Weapon was sentenced on April 27, 2015, by U.S. District Court Judge Charles B. Kornmann.

Gwendolyn Iron Shield, a/k/a Gwendolyn Taken Alive, age 41, was sentenced to 12 months and 1 day of custody, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Iron Shield was indicted by a federal grand jury on June 10, 2014.  She pled guilty on November 19, 2014.

On or about April 20, 2014, a Bureau of Indian Affairs (BIA) officer was dispatched to a house in McLaughlin, where an adult male victim had been stabbed.  Upon arriving at the residence, the officer made contact with the victim and observed a deep laceration to the upper portion of his left arm.  The victim informed the officer that following an argument, he attempted to leave the residence he shared with Iron Shield.  According to the victim, Iron Shield charged him outside of the residence with a large kitchen knife, and as he was trying to protect himself, he was stabbed on the arm.

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

Iron Shield is to self-surrender to the U.S. Marshals Service by May 26, 2015.

Acting United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on April 27, 2015, by U.S. District Judge Charles B. Kornmann.

Kirk Flying Horse, age 41, was sentenced to 30 months in custody, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Flying Horse was indicted by a federal grand jury on August 19, 2014.  He pled guilty on November 19, 2014.

On July 25, 2014, two Bureau of Indian Affairs (BIA) officers responded to a call at a home in McLaughlin, after receiving a report that a man was intoxicated and causing a disturbance.  Upon arrival, officers made contact with the Defendant, Flying Horse, who informed the officers that he had been beaten by his ex-wife.  Dispatch was called regarding the situation and the officers were informed that the Defendant was on tribal court conditions and was not to consume alcohol.  Flying Horse was then placed in custody.  The Defendant began kicking the patrol car’s window, and kicked one of the officers on the top of his head when the officer asked him to calm down.

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

Flying Horse 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 by Striking, Beating, and Wounding was sentenced on April 27, 2015, by U.S. District Judge Charles B. Kornmann.

Brett Claymore, age 22, was sentenced to 6 months in custody, 1 year of supervised release, and a $25 special assessment to the Federal Crime Victims Fund.

Claymore was indicted by a federal grand jury on June 17, 2014.  He pled guilty on November 3, 2014.

On June 15, 2014, a Corson County Sheriff’s Deputy was attempting to detain the driver of a four-wheeler in McLaughlin.  The driver fled and ran into a private residence, where he was eventually taken into custody.  At the time of the incident, three other people, including Claymore, were in the living room of the residence. The deputy instructed the group of people to sit on the floor, and two of them complied, but Claymore refused.  The deputy tried to detain Claymore, who pulled his arm away and pushed his left elbow into the deputy’s chest. The two began to scuffle, but the deputy broke free and handcuffed Claymore.

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

Claymore is to self-report to the U.S. Marshals Service by May 12, 2015.

Acting United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Misprision of a Felony was sentenced on April 27, 2015, by U.S. District Judge Roberto A. Lange.

Eugene Condon, age 35, was sentenced to 12 months of probation, a $100 fine, and a $100 special assessment to the Federal Crime Victims Fund.

Condon was indicted by a federal grand jury on July 15, 2014, for Possession and Sale of a Stolen Firearm. On February 3, 2015, Condon pled guilty to a Superseding Information charging him with Misprision of a Felony.

The conviction arose from an incident that occurred on October 4, 2013, at Eagle Butte, when Condon failed to report a serious crime, even though he was present and very aware that a federal crime had been committed.

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

Acting United States Attorney Randolph J. Seiler announced that a Bullhead, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on April 27, 2015, by U.S. District Judge Charles B. Kornmann.

Steven Whiteman, Jr., age 44, was sentenced to 16 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Whiteman was indicted by a federal grand jury on July 15, 2014.  He pled guilty on November 19, 2014.

The conviction stems from Whiteman failing to register as a sex offender between May 9, 2014, and May 25, 2014.  Whiteman was previously convicted of a sex offense in federal court, which requires him by federal law to register as a sex offender for the rest of his life.

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

Whiteman 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 assaulting a federal officer was sentenced on April 20, 2015, by U.S. District Judge Karen E. Schreier.

Jorge Trujillo, age 22, was sentenced to 21 months in custody, to be followed by 2 years of supervised release.

Trujillo was indicted for Assaulting, Resisting and Impeding a Federal Officer by a federal grand jury on August 19, 2014.  He pled guilty on January 29, 2015.

On August 5, 2014, at McLaughlin, law enforcement officers responded to a call regarding a man with a knife making threats.  After the officer told Trujillo to raise both of his hands above his head, he resisted by attempting to reach for a fixed-blade kitchen knife located in the waistband of his pants.  Upon seeing the knife, the Bureau of Indian Affairs (BIA) law enforcement officer making the arrest immediately took the knife away from Trujillo.

This case was investigated by BIA Law Enforcement Services and the Corson County Sheriff’s Office.  Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.

Trujillo 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, woman convicted of Assault Resulting in Serious Bodily Injury was sentenced on April 20, 2015, by U.S. District Judge Roberto A. Lange.

Kenna Marie Bridwell, age 28, was sentenced to 12 months and 1 day in custody, 18 months of supervised release, $58.08 in restitution, and a $100 special assessment to the Federal Crime Victims Fund.

Bridwell was indicted by a federal grand jury on January 15, 2014, for Assault Resulting in Serious Bodily Injury. On April 28, 2014, she pled guilty to the Indictment.

The conviction arose from an incident that occurred on November 16, 2013, near Eagle Butte, when Bridwell, who was intoxicated, used her vehicle to run from a Cheyenne River Sioux Police Officer. After the police officer activated his lights and siren, Bridwell traveled west on Highway 212 at a high rate of speed and, while attempting to avoid arrest, drove her vehicle into the back of another vehicle.  Both vehicles rolled and went into the ditch. As a result of the car crash and assault, the victim, who was a passenger in the vehicle Bridwell ran into, was seriously injured.

This case was investigated by the Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Division.  Assistant U.S. Attorney Mikal Hanson prosecuted the case.

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

Acting United States Attorney Randolph J. Seiler announced that a Pierre, South Dakota, man convicted of Possession of an Unregistered Firearm and Prohibited Person in Possession of a Firearm was sentenced on April 20, 2015, by U.S. District Judge Roberto A. Lange.

Clyde Aquallo, age 40, was sentenced to 46 months in custody for Possession of an Unregistered Firearm, and 46 months in custody for a Prohibited Person in Possession of a Firearm, to be served concurrently, two years of supervised release, a $1,000 fine, and a $200 special assessment fee to the Federal Crime Victims Fund.

Aquallo was indicted for Possession of Unregistered Firearm, two counts of a Prohibited Person in Possession of Firearm, Assault with a Dangerous Weapon, Using and Carrying a Firearm and in Relation to a Crime of Violence, and Distribution of a Controlled Substance, by a federal grand jury on December 9, 2014.  He was found guilty by a jury on January 30, 2015, of Possession of Unregistered Firearm and one count of Prohibited Person in Possession of Firearm.

On February 27, 2014, Aquallo was living at a residence on the Rosebud Sioux Indian Reservation.  As part of a domestic violence call, Rosebud Sioux Tribe Law Enforcement Services were called to the home where he was living and learned there were firearms in the residence that the victim wanted removed from the residence.  As the investigation progressed, officers learned Aquallo was using methamphetamine and possessed several firearms, including a sawed-off shotgun, which had a barrel that was too short. 

This case was investigated by the Bureau of Alcohol, Tobacco, and Firearms and Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorneys Tim Maher and Carrie Sanderson prosecuted the case.

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

Acting United States Attorney Randolph J. Seiler announced that 10 individuals will be awarded Department of Justice Certificates of Appreciation as part of National Crime Victims’ Rights Week (NCVRW) 2015.  The two ceremonies honoring these individuals will take place during NCVRW, April 19-25, where Mr. Seiler will present the honorees with their awards and provide brief remarks in recognition of their outstanding dedication, service, and contributions on behalf of crime victims. 

The first ceremony will be held in Rapid City on Monday, April 20, 2015, at1:30 pm.
It will take place at the U.S. Attorney’s Office, located at 515 Ninth Street.  The award recipient is Hollie Strand, an Education Specialist/Forensic Interviewer with Child Advocacy Center (CAC) of the Black Hills. 

Ms. Strand has worked at the CAC for over seven years, and has interviewed more than 1,100 children during that time.  Through hundreds of trainings and presentations, she has been instrumental in bringing public awareness to the issue of child sexual abuse and other traumatic crimes, and has made an extraordinary difference in the lives of numerous children. 

The second ceremony will be held in Sioux Falls on Thursday, April 23, 2015, at 1:00 pm. It will take place at the U.S. Attorney’s Office, located at 325 S. 1st Ave., Suite 300.  There will be nine honorees at this ceremony.  

The first honoree is Doug Thesenvitz, the Tribal Prosecutor for the Flandreau Santee Sioux Tribe.  Mr. Thesenvitz has given 16 consecutive years to the tribe, steadfastly representing the rights of victims.  He is one of the longest serving tribal prosecutors in South Dakota.

The remaining eight honorees were selected for their work in the area of sex trafficking.  This team began a sex trafficking investigation in January of 2012, with a tip that one underage girl was being sold for sex.  Using their full arsenal of investigative tools, they uncovered a loose ring of interconnected “pimps” selling dozens of girls and young women for sex in the Sioux Falls area and across several Midwest states.  This interagency cooperation and professionalism resulted in four federal indictments and convictions.  The sentences ranged from a 33-year prison term; three life sentences; four life sentences; and a 30-year prison term.

The team members and award recipients include the following:

Charla Aramayo
Special Agent - Department of Homeland Security Investigations

Gretchen Slate
Special Agent – SD Division of Criminal Investigation/FBI Joint Terrorism Task Force

Gayle Scott
Victim Specialist – FBI

Matthew J. Miller
Special Agent – FBI

Michael D. Melcher
Special Agent – FBI

Stephanie Knapp
Child/Adolescent Forensic Interviewer – FBI Office for Victim Assistance in Loveland, CO

Cullen McClure
Officer – Sioux Falls Police Department - Street Crimes Unit

Brad Smidt
Detective – Sioux Falls Police Department - Street Crimes Unit

Acting United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, man convicted of Assault by Strangulation and Suffocation was sentenced on April 6, 2015, by U.S. District Judge Roberto A. Lange.

Cameron LaRoche, age 37, was sentenced to 20 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

LaRoche was indicted by a federal grand jury on November 13, 2014.  He pled guilty on January 21, 2015.

On or about August 21, 2014, LaRoche, who had been in a sporadic intimate relationship with the victim for the past 14 years, was at his aunt’s house drinking whiskey with others.  They went inside the house and LaRoche began arguing with the victim.  She went into the kitchen, where LaRoche followed her and started hitting her with closed fists on the face, head, and ear. The victim tried to defend herself by putting her arms up to protect her face. LaRoche continued to hit her a few more times with his closed fists, then stopped and apologized for what he had done to her.

LaRoche then told her he wanted to lay down with her, but the victim did not want to. LaRoche pushed her towards the basement door and forced her to go down, where he continued yelling, calling her names, and hitting her. LaRoche then threw the victim on a bed, and again hit her on the arms, head, and face. LaRoche then tried to smother her by laying on top of her, while pushing her head into the mattress. She turned her head to the right so she could breathe, while begging for her life. Moments later, LaRoche started hitting her again with his fist to her face. He then strangled her with his hands around her neck, and squeezed until the victim could not breathe.

The victim was seen by medical personnel and it was determined she possibly had a nondisplaced fracture of her wrist. She was put in a cast for several days, followed by a splint.

This case was investigated by the Federal Bureau of Investigation.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case. LaRoche was immediately turned over to the custody of the U.S. Marshals Service.

Acting United States Attorney Randolph J. Seiler announced that a Dupree, South Dakota, man convicted of Abusive Sexual Contact by Force was sentenced on April 6, 2015, by U.S. District Judge Roberto A. Lange.

Christian Whiteman, age 21, was sentenced to 120 months in custody, 5 years of supervised release, $43.20 in restitution, and a $100 special assessment to the Federal Crime Victims Fund.

Whiteman was indicted by a federal grand jury on July 15, 2014, for Aggravated Sexual Abuse of a Child.  On January 21, 2015, he pled guilty to a Superseding Information charging him with Abusive Sexual Contact by Force.

The conviction arose from an incident that occurred between October 1, 2012, and May 29, 2013, at Dupree, when Whiteman engaged in sexual contact by force with a five-year-old child.  The victim tried to resist, said no, and attempted to push Whiteman away, but he was too heavy and continued to touch the victim.

 This case was investigated by the Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Division.  Assistant U.S. Attorney Mikal Hanson prosecuted the case.

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

The United States Attorney’s Office (USAO) and the United States Department of Labor (DOL) recently secured a consent judgment of over $8,000.00 and a permanent injunction in South Dakota District Court, ordering Jan Charles Gray and his businesses in Custer, South Dakota, to comply with the Fair Labor Standards Act (FLSA) and to pay back wages and overtime pay owed to former employees.  The Custer businesses include the Custer Motel, the All American Inn, and the American President Resorts. The injunction requires Gray and his businesses to train managers and employees about their rights under the FLSA, pay in accordance with the minimum wage and overtime requirements of the law, maintain accurate records, and not retaliate against any employee who files a complaint with, or cooperates in any investigation by the DOL.  Gray has paid the back wages due.  Gray is from Los Angeles, CA.

“The former employees involved in this investigation are getting the long overdue minimum wage and overtime pay to which they are entitled,” said   Acting U.S. Attorney Randolph J. Seiler. “The USAO is dedicated to taking appropriate enforcement actions with respect to any violations of the FLSA.” 

“The courts’ rulings make a strong statement about the importance of an employer’s obligation to comply with the law,” added Cynthia Watson, the DOL Wage and Hour Division’s Regional Administrator in Dallas, Texas. “We are committed to securing lasting compliance with the labor laws we enforce, and we are pleased that the judges in these cases enjoined the defendants from further violations of the FLSA.”

For more information about federal wage laws administered by the Wage and Hour Division, call the DOL’s toll-free helpline at 866-4US-WAGE (487-9243). Information is also available at http://www.dol.gov/whd.

Acting United States Attorney Randolph J. Seiler announced that a Harrold, South Dakota, man has been indicted by a federal grand jury for Attempted Murder of a Federal Employee, Assaulting a Federal Employee, and Assault Resulting in Serious Bodily Injury.

Brian Iron Boulder, a/k/a Brian Ironboulder, age 51, was indicted on April 7, 2015.  He appeared before U.S. Magistrate Judge Mark A. Moreno on April 8, 2015, 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 $300 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about March 25, 2015, Iron Boulder unlawfully attempted to kill another human being, an officer and employee of the United States, while said employee was engaged in the performance of his official duties, and said assault resulted in serious bodily injury.

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

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

Iron Boulder was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for June 2, 2015.

Acting 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 March 23, 2015, by U.S. Judge Roberto A. Lange.

Kameron Jackson, age 22, was sentenced to 12 months and one day in custody, 5 years of supervised release, $60 restitution, and a $100 special assessment to the Federal Crime Victims Fund.

Jackson was indicted for Failure to Register as a Sex Offender by a federal grand jury on August 19, 2014.  He pled guilty on January 21, 2015.

Between June 15, 2014, and August 7, 2014, Jackson, 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, South Dakota, and elsewhere.       

This case was investigated by the U.S. Marshals Service.  Assistant U.S. Attorney Tim Maher prosecuted the case.  Jackson 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 by Striking, Beating, and Wounding was sentenced on March 23, 2015, by U.S. Magistrate Judge Roberto A. Lange.

Joshua Heideman, age 21, was sentenced to 2 years of probation, and a $25 special assessment to the Federal Crime Victims Fund.

Heideman was indicted by a federal grand jury on September 16, 2014, for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury. He pled guilty to Assault by Striking, Beating, and Wounding on January 26, 2015.

The conviction arose from a July 2014 incident in Eagle Butte, in which Heideman assaulted a victim by striking, beating, and wounding him.            

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

Acting United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Bank Robbery.

Rickey Daniel Starks, age 45, was indicted on March 17, 2015.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on March 18, 2015, 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, 5 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

On March 5, 2015, the Sioux Falls Police Department responded to a call that there had been an armed robbery at Dacotah Bank on East 10th Street in Sioux Falls.  Information relayed to the officers was that a man walked in the front door of the bank wearing distinctive clothing, a ski mask, and carrying a backpack.  He demanded money and waved what appeared to be a gun in the air.  Video from the bank’s surveillance cameras confirmed the information the police had received.  Portions of the video were released to the local news media and several sources contacted law enforcement to help identify the person.

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

The investigation is being conducted by the Sioux Falls Police Department, South Dakota Highway Patrol, and the Federal Bureau of Investigation.  Assistant U.S. Attorney Dennis R. Holmes is prosecuting the case.   

Starks 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 Dupree, South Dakota, man convicted of Assault with a Dangerous Weapon and Aiding and Abetting was sentenced on March 23, 2015, by U.S. District Judge Roberto A. Lange.

Todd Johns, age 26, was sentenced to 24 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Johns was indicted by a federal grand jury on September 16, 2014, for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury. He pled guilty to Assault with a Dangerous Weapon and Aiding and Abetting on January 6, 2015.

The conviction arose from a July 2014 incident in Eagle Butte, in which Johns and two others assaulted a victim with shod feet, metal crutches, and wooden clubs, with intent to do bodily harm.
         
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Mikal Hanson prosecuted the case.

Johns 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 was convicted of Assault with a Dangerous Weapon, and was sentenced on March 9, 2015, by U.S. District Judge Roberto A. Lange.

Randall Bear Eagle, age 30, was sentenced to 24 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Bear Eagle was indicted by a federal grand jury on October 15, 2014, for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury. He pled guilty to Assault with a Dangerous Weapon on December 16, 2014.

The conviction arose from a July 5, 2014, incident in which Bear Eagle got into a verbal argument with the victim, his half-brother. The argument escalated into a physical altercation, and Bear Eagle picked up a tire iron and assaulted the victim, hitting him in the head.

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

Bear Eagle 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 Troy R. Morley has been named the new Tribal Liaison for the U.S. Attorney’s Office, District of South Dakota.  As Tribal Liaison, Morley will serve as the conduit in matters between the U.S. Attorney’s Office and the nine tribes of South Dakota. 

 Morley joined the U.S. Attorney’s office in 2012, as an Assistant U.S. Attorney in the Pierre branch office.  In that capacity, his primary area of prosecutorial responsibility is in Indian country, and specifically the Standing Rock Sioux Indian Reservation.   

Morley is currently involved in the formation of a working group to study reentry alternatives with the States of North Dakota, South Dakota, and the Standing Rock Sioux Tribe.  Morley will also be working on a reentry project with the Sisseton-Wahpeton Sioux Tribe, as well as working with tribal officials in implementing a pilot program to exercise special domestic violence jurisdiction.   

Morley completed his undergraduate studies at the University of Nevada, Las Vegas, and received his law degree, with distinction, from the University of North Dakota.  In addition to his experience in private practice prior to joining the U.S. Attorney’s office, Morley previously served as Special Judge to the Turtle Mountain Band of Chippewa.  He is also a veteran of the United States Navy and was a member of the Commission to Study Racial and Ethnic Bias in the North Dakota Court System.    

He is originally from Grand Forks, North Dakota, and is an enrolled member of the Turtle Mountain Band of Chippewa.

Morley and his wife, Abby, live in Pierre, and are the parents of six children. 

Acting United States Attorney Randolph J. Seiler announced that Troy R. Morley has been named the new Tribal Liaison for the U.S. Attorney’s Office, District of South Dakota.  As Tribal Liaison, Morley will serve as the conduit in matters between the U.S. Attorney’s Office and the nine tribes of South Dakota. 

 Morley joined the U.S. Attorney’s office in 2012, as an Assistant U.S. Attorney in the Pierre branch office.  In that capacity, his primary area of prosecutorial responsibility is in Indian country, and specifically the Standing Rock Sioux Indian Reservation.   

Morley is currently involved in the formation of a working group to study reentry alternatives with the States of North Dakota, South Dakota, and the Standing Rock Sioux Tribe.  Morley will also be working on a reentry project with the Sisseton-Wahpeton Sioux Tribe, as well as working with tribal officials in implementing a pilot program to exercise special domestic violence jurisdiction.   

Morley completed his undergraduate studies at the University of Nevada, Las Vegas, and received his law degree, with distinction, from the University of North Dakota.  In addition to his experience in private practice prior to joining the U.S. Attorney’s office, Morley previously served as Special Judge to the Turtle Mountain Band of Chippewa.  He is also a veteran of the United States Navy and was a member of the Commission to Study Racial and Ethnic Bias in the North Dakota Court System.    

He is originally from Grand Forks, North Dakota, and is an enrolled member of the Turtle Mountain Band of Chippewa.

Morley and his wife, Abby, live in Pierre, and are the parents of six children. 

Acting United States Attorney Randolph J. Seiler has announced that a conference regarding Tribal Implementation of the Violence Against Women Act (VAWA) will be held on Tuesday, March 31, 2015.  All sessions will be held at the Rushmore Plaza Holiday Inn, located at 505 N. Fifth St. in Rapid City, South Dakota. The one-day conference will run from 8:00 am – 5:00 pm.

The conference is co-sponsored by Acting U.S. Attorney Chris C. Myers, District of North Dakota; Deborah R. Gilg, U.S. Attorney, District of Nebraska; and the University of South Dakota School of Law.

The conference will focus on the implementation of VAWA by tribal entities.  The Violence Against Women Reauthorization Act of 2013 was recently signed into law.  Revisions in the law included increased legal protection for Native American women and other victims, emphasized the importance of tribal governments protecting their people, and enhancing the powers of tribal courts.

Featured conference speakers will explain the law as it relates to addressing domestic violence in Indian country, discuss the role of tribal elected leaders in the implementation of VAWA, and provide tribal perspectives and updates on pilot projects authorized under the new law.

Additionally, afternoon breakout sessions will address the topics of building stability in tribal justice programs, incarceration, re-entry, and rehabilitation services, tribal code development, technical assistance, and how to ensure that tribal protection orders and convictions qualify for federal prosecution.

The conference is free and open to the public.

Randolph J. Seiler assumed the duties of Acting United States Attorney for the District of South Dakota on March 12, 2015.  Randy Seiler has been with the U.S. Attorney’s Office for 20 years. 

From November 2009 to March 2015, Seiler served as both the First Assistant United States Attorney and the Tribal Liaison for the District of South Dakota.  Prior to serving in those two capacities, Seiler was an Assistant U.S. Attorney, and he spent 14 years prosecuting violent crime offenses in Indian country and other areas throughout the state.  The U.S. Attorney’s Office for the District of South Dakota has jurisdiction on nine Indian reservations

As First Assistant, Seiler was responsible for the day-to-day management and operation of the U.S. Attorney's Office.  He was also the supervisor of the U.S. Attorney’s branch office in Pierre, where he was directly involved in prosecutorial matters and decisions.

As Tribal Liaison, he consulted and coordinated with tribal justice officials and leaders, tribal communities, and victim advocates in an effort to address any issues in the prosecution of major crimes in Indian country in South Dakota. 

Seiler also served as counsel to the Director in the Executive Office for U.S. Attorneys at the Department of Justice in Washington, D.C., in 2008.  He has been an instructor at the National Advocacy Center in Columbia, South Carolina, as well as a presenter at numerous conferences and trainings on various topics including violent crime, sexual assault, domestic violence, and legal issues in the prosecution of crimes in Indian country.

He has received the Attorney General's Award for Fraud Prevention, as well as the Director's Award for Superior Performance in Indian Country.

Prior to joining the U.S. Attorney's Office in 1995, Seiler was in private practice in Mobridge, South Dakota, where he practiced criminal andcivil law.  He also previously served as Campbell County Deputy States Attorney and Special Judge for the Cheyenne River Sioux Tribe.

In his role as Acting U.S. Attorney, Seiler will continue with the priority areas of the office, and vowed to maintain former U. S. Attorney Brendan Johnson's strong commitment to prosecuting Indian country crimes and human trafficking. 

Seiler grew up in Herreid, South Dakota, served his country in the U.S. Air Force, which included a year-long tour in Vietnam, and graduated from the University of South Dakota School of Law.

He and his wife, Wanda, live in Fort Pierre, and have four grown children and twograndchildren.  Additionally, Seiler currently serves his community as a member of the Fort Pierre City Council.

Seiler plans to formally seek the nomination for U.S. Attorney for the District of South Dakota.

United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, man was acquitted of Theft of Government Property and False Statement, as a result of a federal jury trial in Rapid City, on February 27, 2015.

Daigre Douville, age 51, was indicted by a federal grand jury on March 18, 2014.

The charges alleged that he embezzled, stole, and converted overtime payments in excess of $1,000, and falsified a government document.

The investigation was conducted by Office of Inspector General, U.S. Department of the Interior.  The U.S. Attorney's Office prosecuted the case.

United States Attorney Brendan V. Johnson announced that a Lincoln, Nebraska, man convicted of Misprision of a Felony and a Rapid City, South Dakota, woman convicted of Assault Resulting in Substantial Bodily Injury were sentenced on March 9, 2015, by U.S. District Judge Roberto A. Lange.

Gilbert Young, age 43, was sentenced to 36 months in custody to be served consecutively to his Cherry County, Nebraska case, one year of supervised release, $32,881.66 in restitution, jointly and severally with his co-defendant, and a $100 special assessment to the Federal Crime Victims Fund.

Terri Covey a/k/a Terry Covey, age 41, was sentenced to 12 months in custody, two years of supervised release, $32,881.66 in restitution, jointly and severally with her co-defendant, and a $100 special assessment to the Federal Crime Victims Fund.

Young and Covey were indicted by a federal grand jury on May 13, 2014.  Young pled guilty on December 16, 2014, and Covey pled guilty on December 15, 2014.

In February 2013, Covey and Young were dating and living together on the Rosebud Sioux Indian Reservation in South Dakota.  On or about February 16, 2013, shortly after midnight, Covey left a child victim in the care of Young.  At some point while in Young’s care, the victim suffered an acceleration/deceleration injury that caused the victim to have a severe seizure.  Young witnessed the child victim having a seizure, but did not call 911 to obtain medical care for the child.  Young informed Covey that something was wrong with the victim at 8:00 a.m., but Covey did not seek care for the victim for another two and a half hours.  The child’s injuries worsened because of the delay in seeking medical care.

In the weeks before the injury, Covey grabbed the child’s face and caused bruising on the child’s face.

Young had knowledge of the abuse of the child and concealed the same from law enforcement authorities.

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

Both Defendants were immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that a Spearfish, South Dakota, woman convicted of Theft of Public Money was sentenced on March 3, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Linda Lee Anderson, age 67, was sentenced to 1 year of unsupervised probation, ordered to pay $43,856 in restitution, and a $25 special assessment to the Federal Crime Victims Fund.

Anderson pled guilty to the charge on November 19, 2014.  The conviction stems from Anderson stealing and converting to her own use, money and property of the United States, by using her position as a Representative Payee in connection with benefits administered by the United States Social Security Administration between 2010 and 2012.

This case was investigated by the Office of the Inspector General – Social Security Administration.  Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.

United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, man convicted of Assaulting a Federal Officer was sentenced on March 2, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Jonathan Lee Twiss, age 31, was sentenced to 10 months in custody, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Twiss pled guilty to the charge on November 20, 2014.  The conviction stems from Twiss forcibly opposing an Oglala Sioux Tribe trooper by attempting to flee from him and refusing to obey commands.  The incident happened near Pine Ridge on March 20, 2014.

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

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

United States Attorney Brendan V. Johnson announced that a Parmelee, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.

Richard Fool Bull, age 37, was indicted on February 10, 2015.  He appeared before U.S. Magistrate Judge Mark A. Moreno on March 3, 2015, 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, 5 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about between November 14, 2014, and December 9, 2014, Fool Bull, 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, knowingly failed to register and update his registration.

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

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

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

United States Attorney Brendan V. Johnson announced that a Kyle, South Dakota, woman has been indicted by a federal grand jury for Felony Child Abuse & Neglect.

Jeannie Janis, age 29, was indicted on February 18, 2015.  She appeared before U.S. Magistrate Judge Veronica L. Duffy on March 4, 2015, and pleaded not guilty to the Indictment.  

The maximum penalty upon conviction is 15 years of imprisonment and/or a $250,000 fine, 3 years of supervised release, and a $100 assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment charges that in June of 2014, at Pine Ridge, Janis intentionally caused serious injuries to her 5-week old baby boy.

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

The investigation was conducted by the Federal Bureau of Investigation.   Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.  

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

United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man convicted of assaulting a Cheyenne River Tribal Officer, was sentenced on March 4, 2015, by U.S. Magistrate Judge Mark A. Moreno.

Lucas Curley, age 24, was sentenced to 5 months in custody, 3 months of home confinement, 1 year of supervised release, and a $25 special assessment to the Federal Crime Victims Fund.

Curley was indicted by a federal grand jury on October 15, 2014, for Assaulting, Resisting, or Impeding an Officer Involving Physical Contact. He pled guilty to Assaulting, Resisting, and Impeding an Officer on December 8, 2014.

The conviction arose from a March 2014 incident at the Walter Miner Law Enforcement Center in Eagle Butte, in which Curley forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with a Cheyenne River Sioux Detention Officer, while that officer was employed under a contract with the Bureau of Indian Affairs, and while the officer was engaged in the performance of his official duties.

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

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

United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for two counts of Aggravated Sexual Abuse of Children.

Leonard Rondeau, age 39, was indicted on February 11, 2015. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 17, 2015, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, a minimum of 5 years up to life of supervised release, and a $100 special assessment. Restitution may also be ordered.
 
The Indictment alleges that between April 11, 2003, and December 22, 2005, Rondeau engaged in, or attempted to engage in, a sexual act with two different children under the age of 12.

The charges are merely an accusation and Rondeau 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 Mikal Hanson is prosecuting the case. 
  
Rondeau was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.

United States Attorney Brendan V. Johnson announced that a Chamberlain, South Dakota, man has been indicted by a federal grand jury for Larceny.

James Short Bear, age 19, was indicted on February 11, 2015.  He appeared before U.S. Magistrate Judge Mark A. Moreno on March 2, 2015, and pled not guilty to the Indictment.  

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

The Indictment alleges that on or about between February 11, 2014, and February 13, 2014, Short Bear stole a ceremonial pipe known as a Chanupa, which was the property of another.
The charge is merely an accusation and Short Bear is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Federal Bureau of Investigation, and the Bureau of Indian Affairs, Lower Brule agency.  Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.  
 
Short Bear was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has not been set.

United States Attorney Brendan V. Johnson announced that Wesley Running Shield, age 28, and Michael Alford, age 33, both of Pine Ridge, South Dakota, were found guilty of Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury, at the conclusion of a four-day federal jury trial in Rapid City, South Dakota. 

Each charge carries up to 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 convictions stem from Running Shield and Alford assaulting a male victim 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.

A presentence investigation was ordered and a sentencing date was set for June 5, 2015. The defendants were remanded to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on February 20, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Cody Grass, age 31, was sentenced to 24 months in custody, 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

 The conviction stems from Grass failing to register as a convicted sex offender between May 10, 2014, and August 20, 2014.

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

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