District of South Dakota

United States Attorney Brendan V. Johnson announced that an Ohio man convicted of Unlawful Taking of Wildlife was sentenced on February 25, 2015, by U.S. Magistrate Judge John E. Simko.

Randy Miller, age 59, was sentenced to 1 year of probation, ordered t o pay a $1,000 fine, and a $25 special assessment to the Federal Crime Victims Fund.   

In May 2013, Miller, while acting as a guide for turkey hunters, did knowingly shoot and kill a turkey vulture on a U.S. Forest Service trail.  Turkey vultures are protected under the Migratory Bird Treaty Act.

The investigation was conducted by U.S. Fish and Wildlife, South Dakota Game, Fish and Parks, and the North Dakota Game and Fish Department.  The case was prosecuted by Assistant U.S. Attorney Ben Patterson.

United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on February 24, 2015, by U.S. District Judge Roberto A. Lange.

Logan Hayes, age 25, was sentenced to 27 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Hayes was indicted by a federal grand jury on April 15, 2014.  He pled guilty on November 3, 2014.

The conviction stems from an incident on July 31, 2012, when a concerned neighbor in McLaughlin called the Standing Rock Police Department to report that Hayes was beating up his dad and a female victim.  An officer with the Bureau of Indian Affairs responded and learned that Hayes came to his father’s house and an argument ensued.  Hayes had kicked both the victim and his father as they lay on the floor, and the victim ran to a bedroom to attempt to call for help.  Hayes followed her and ripped three phones out of the wall.  Hayes caught up with the victim and shoved her through the back door, causing her to fall down the stairs of the house, landing on the cement driveway.  The female victim was bleeding from a large laceration on her left forearm and her arm looked to be distorted.  An ambulance was called and the victim was transported to the Mobridge Regional Hospital, and then transferred to the hospital in Bismarck, North Dakota, with follow up care in Aberdeen, South Dakota.  The x-rays revealed that the victim suffered a fracture of both the radius and ulna bones in her forearm.

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

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

United States Attorney Brendan V. Johnson announced that a Hill City, South Dakota, woman convicted of Passport Application Fraud was sentenced on February 20, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Susan Ruth Weiner, a/k/a Linda Joyce Von Bargen, a/k/a Anita Marie Bernicette Wrotent, a/k/a Anitamarie Bernicette Wroten, a/k/a Corey Eden Johns, age 67, was sentenced to time served (approximately 7 months), 2 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Weiner pled guilty to the charge on October 10, 2014. The conviction stemmed from Weiner using the name and social security number of another female to obtain a passport, thus stealing her identity, on June 17, 2014.

This case was investigated by the Diplomatic Security Service – U.S. Department of State.  Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.

United States Attorney Brendan V. Johnson announced that a Fort Thompson, South Dakota, man convicted of Assault by Strangulation and Suffocation was sentenced on February 23, 2015, by U.S. District Judge Roberto A. Lange.

Jared Blaine, age 20, was sentenced to 27 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Blaine was indicted by a federal grand jury on September 16, 2014.  He pled guilty on December 15, 2014.

The conviction stems from an incident on or about August 12, 2014, following a party, when Blaine assaulted his girlfriend by slapping and hitting her in the face and body, kicking her, and then strangling the victim until she could not breathe.

The victim was treated at the hospital in Chamberlain, South Dakota, where she was admitted overnight for observation.  She suffered bruising and swelling to the face and body.

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

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

Sioux Falls, South Dakota – Brendan V. Johnson announced this morning that he will step down as the United States Attorney for the District of South Dakota effective March 11, 2015.  Johnson was unanimously confirmed by the United States Senate on October 15, 2009.  He is among the longest serving U.S. Attorneys in the history of South Dakota.

“I am proud of what we have accomplished during my tenure,” said U.S. Attorney Brendan Johnson.  “We attacked the horrific crime of human trafficking on a scale that is unprecedented for a state our size, and we worked shoulder-to-shoulder with our tribal partners to reduce violence against Native American women and children.  Our efforts helped put away some of South Dakota’s most violent drug dealers and notorious tax cheaters.  In short, this office upheld the public trust at all times and distinguished itself as a national leader within the United States Department of Justice.  I leave comforted with the knowledge that our tremendously skilled First Assistant United States Attorney Randy Seiler will continue to build on this record of accomplishment.  Finally, I want to thank President Barack Obama and Attorney General Eric Holder for the opportunity to serve the people of South Dakota.”  

"During Brendan Johnson's tenure as United States Attorney for South Dakota, he has distinguished himself as an exemplary leader, a passionate advocate for his fellow citizens, and an extraordinarily dedicated public servant," said Attorney General Holder.  "As a lawyer and as a leader, Brendan has set a standard of excellence that will not soon be surpassed.  Particularly with regard to public safety challenges on tribal lands, he has served as a key advisor to senior Justice Department officials—including me.  As past Chair of the Native American Issues Subcommittee, he is not only a respected champion for tribal justice in his own right, but a critical national leader—offering sound guidance, wise counsel, and candid advice on a host of pressing issues.  In standing against violent crime, fraud, drug trafficking, violence against women, and countless other threats, Brendan's fierce and determined service, on behalf of the people of South Dakota, has been without equal.  Although he will be greatly missed, his many contributions will endure.  I thank him for his outstanding service—to South Dakota, and to our nation—and wish him all the best as he takes on new challenges and opportunities."

Mr. Johnson is a graduate of the University of South Dakota and the University of Virginia School of Law.  Shortly after his confirmation in 2009, Johnson was selected by the Attorney General of the United States to chair the Department of Justice’s Native American Issues Subcommittee.  In this capacity, Mr. Johnson strengthened relationships between the Department of Justice and tribal communities across the country.  He has been a national leader in implementing the reauthorization of the Violence Against Women Act (VAWA) which contains provisions that significantly improve the safety of Native women, and allows federal and tribal law enforcement to hold more perpetrators of domestic violence accountable for their crimes.  Since the passage of VAWA, federal prosecutors nationwide have convicted more than 140 defendants under the law’s enhanced federal assault statutes.   
Mr. Johnson’s leadership also brought national attention to the District of South Dakota’s efforts to strengthen relationships with tribes in the state.  During Johnson’s tenure, the Attorney General of the United States, the Deputy Attorney General, and the Associate Attorney General of the United States all visited South Dakota tribes to review the innovative programs implemented in the state.  Some of the programs Johnson implemented include a juvenile diversion program to keep Native American children out of the federal criminal justice system, designated tribal prosecutors as Special Assistant United States Attorneys, arranged the first in the nation state-wide tribal listening session, organized the first in the nation state-wide conference on violence against Native women, conducted town-hall meetings on public safety on South Dakota reservations, and assigned a prosecutor to each reservation tasked with the responsibility of building trust and confidence with tribal members.  The efforts produced results.  On South Dakota’s largest reservations, the number of criminal prosecutions increased by approximately 131 percent on the Rosebud Reservation, and 82 percent on the Pine Ridge Reservation, while the office’s declination rate dropped dramatically.   

Mr. Johnson also led South Dakota’s response to the growing epidemic of human trafficking.  During Johnson’s time in office, more than 30 men were prosecuted for human trafficking.  Of that number, there was more life sentences handed down in the District of South Dakota than any other federal district in the country.  South Dakota also leads the nation in the number of men who have received federal mandatory minimum sentences for attempting to purchase sex with a child.  Johnson created the state’s first law enforcement human trafficking task force, and in 2014, he convened one of the nation’s largest anti-human trafficking conferences in Sioux Falls, SD.  He also personally argued the case of United States v. Jungers to the Eighth Circuit Court of Appeals, obtaining the precedent setting decision that buyers of sex acts with minors are committing crimes of sex trafficking under federal law. 

On October 12, 2014, Johnson received the prestigious Pathbreaker Award from Shared Hope International for his Anti-Trafficking Leadership.  “Brendan Johnson is a force of determination, initiative, and skill that should leave buyers terrified to purchase sex with a minor in South Dakota,” Shared Hope International President and Founder Linda Smith said in announcing the award.  “By creating a threshold for buyer accountability, he sets a national precedent that, if applied, will make significant strides in reducing tolerance for purchasing sex with a minor.”

In 2012, Johnson was also selected by Attorney General Holder to serve as one of thirteen United States Attorneys on the Attorney General Advisory Committee (“AGAC”).  The AGAC advises the Attorney General on criminal justice matters throughout the nation.  Johnson also served on the Department of Justice Terrorism-National Security Subcommittee and the Child Exploitation Subcommittee.  He co-chairs the South Dakota Law Enforcement Coordinating Committee and is a member of the Midwest High Intensity Drug Trafficking Area Executive Board. 

Mr. Johnson also brought the issue of synthetic drugs to the forefront by raising public awareness across the state, through educational presentations to various groups, organizations, and classrooms.  As synthetic drug use was on the rise nationally, in 2012 he held a press conference with law enforcement partners reflecting a shared commitment to take analogue drugs and the people who sell them off the street.  Approximately 14 people were prosecuted for this crime under Johnson’s watch.  Health care fraud was another area of focus for Johnson, with the creation of a Health Care Fraud Task Force aimed at educating providers, as well as prevention.  Another example of how crime does not pay was reflected in the District Office’s Financial Litigation Unit (FLU) collections.  FLU is responsible for activities related to the collection of civil judgment debts owed to federal agencies, as well as the collection of restitution.  In FY 2013 alone, FLU collected $24.6 million in civil judgments and criminal payments, averaging $2 million per month.  

According to the Administrative Office Statistics Division of the U.S. District Courts, the District of South Dakota was ranked among the top 20 most productive Federal District Courts in America in 2013.  Also released in the FY 2013 data, the District had the second highest number of criminal trials in the country.

Mr. Johnson’s determined efforts to make South Dakota a safer place were recognized by several organizations.  He was honored with the University of South Dakota Women in Law 2013 Attorney of the Year award.  Johnson’s nomination by the group was driven by his successful efforts in creating a South Dakota Domestic Violence Coordinating Committee, sponsoring and participating in regional Native American Youth Leadership listening conferences, spearheading the creation of a special domestic violence prosecutor on the Standing Rock reservation, sponsoring a Civil Rights Conference, and bringing human trafficking to the forefront. Also in 2013, the South Dakota Domestic Violence Coordinating Committee chose Johnson as its Prosecutor of the Year, citing his leadership on human trafficking, domestic and sexual abuse, and increasing prosecution rates in these areas.

“It has been an honor to serve as United States Attorney.  My goal when I started was to make South Dakota a safer place.  I believe that goal has been achieved.  But make no mistake, nobody does this job alone, and I’ve had the benefit of great partners.  The credit for any accomplishments during my tenure is shared with South Dakota’s law enforcement officers and the career professionals in this office who did great work before I arrived, and will continue to do great work long after I’m gone,” stated Johnson.

United States Attorney Brendan V. Johnson announced that a man living in Huron, South Dakota, but originally from Mexico, has been indicted by a federal grand jury for Use of Fraudulent Identification Document.

Milton Oropeza-Chavarria, a/k/a Alfredo De Jesus De Leon, age 21, was indicted on February 4, 2015.  He appeared before U.S. Magistrate Judge Mark A. Moreno on February 12, 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 November 30, 2011, Oropeza-Chavarria used an identification document, namely, a social security card and identification card bearing the name Alfredo De Leon knowing it was not issued lawfully for his use, for the purpose of satisfying a requirement of the Immigration and Nationality Act.

The charge is merely an accusation and Oropeza-Chavarria is presumed innocent until and unless proven guilty. 

The investigation is being conducted by Immigration and Customs Enforcement.  Assistant U.S. Attorney Carrie G. Sanderson is prosecuting the case.   

Oropeza-Chavarria was released on bond pending trial which has been set for April 7, 2015.

United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury.

Loren Laplante, Jr., age 24, 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 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on January 9, 2015, Laplante unlawfully assaulted the victim in Dupree, South Dakota. The assault resulted in serious bodily injury to the victim.

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

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

Laplante was released on bond 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 Assault with a Dangerous Weapon was sentenced on February 10, 2015, by U.S. District Judge Roberto A. Lange.

Lawrence Mexican, age 23, was sentenced to 42 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Mexican 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 the Assault with a Dangerous Weapon charge on November 18, 2014.

The conviction arose from a July 2014 incident in Eagle Butte, in which Mexican and two others unlawfully assaulted a victim with shod feet, metal crutches, and wooden clubs, with intent to do bodily harm to the victim.

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

Mexican 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 a Wisconsin man charged with Assault by Striking, Beating, and Wounding pled guilty to and was sentenced on February 12, 2015, by U.S. District Judge Mark Moreno.

Craig Maskil, age 58, was sentenced to 12 months of supervised probation, and $25 to the Federal Crime Victims Fund.

The conviction stems from an incident that took place on July 11, 2014, when Maskil was working as a doctor at the Rosebud Indian Health Service Hospital on the Rosebud Sioux Indian Reservation.  Maskil had a disagreement with another doctor at work, and he hit the victim in the head with his fists.

The investigation was conducted by the Federal Bureau of Investigation, the Rosebud Sioux Tribe Law Enforcement Services, and the Todd County Sheriff’s Office.

The case was prosecuted by Assistant U.S. Attorney Tim Maher. 

United States Attorney Brendan V. Johnson announced that a Washington man charged with Conspiracy to Distribute and Possess with Intent to Distribute a Controlled Substance pled guilty to and was sentenced on February 9, 2015, by U.S. District Judge Roberto A. Lange.

Bruce Gerald Cole, age 47, was sentenced to 60 months in custody, to run concurrent with sentences imposed in federal court in Nevada and state court in New Hampshire, 2 years of supervised release, and $100 to the Federal Crime Victims Fund.

The conviction stems from an incident that took place in the spring of 2009, when Cole directed a shipment of high-grade marijuana from Washington State across the United States. Cole directed couriers to drive his vehicle, which was loaded with two duffel bags containing approximately 22.67 kilograms of high-grade marijuana, a canister containing 61.5 grams of heroin, and two firearms. Cole planned to fly to Michigan to rendezvous with the couriers and his vehicle. He would then sell the shipment himself, thus keeping the couriers out of the business transaction. Cole said he planned to use the firearms for his personal protection during the drug transaction and the heroin was for his personal use. On May 27, 2009, South Dakota Law Enforcement intercepted the vehicle, couriers, heroin, and firearms.

The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force, the Federal Bureau of Investigation, the South Dakota Highway Patrol, the Drug Enforcement Administration, and several law enforcement agencies in the state of Washington. The case was prosecuted by Assistant U.S. Attorney Tim Maher. 

Cole was remanded to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that a Timber Lake, South Dakota, man has been indicted by a federal grand jury for Third Degree Burglary.

Chapen Kraft, age 18, was indicted on February 11, 2015. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 13, 2014, 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 between September 15 and October 11, 2014, Kraft unlawfully entered and remained in a barn and storage building near Timber Lake, with the intent to commit a larceny.

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

The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services and the Dewey County Sheriff’s Office. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.   

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

United States Attorney Brendan V. Johnson announced that a Takini, South Dakota, man convicted of Abusive Sexual Contact with a Child was sentenced on February 11, 2015, by U.S. District Judge Roberto A. Lange.

Reginald Between Lodges, a/k/a Reginald Condon, a/k/a Reggie Kills A  Hundred, age 62, was sentenced to 36 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Between Lodges was indicted by a federal grand jury on June 10, 2014, for Aggravated Sexual Abuse of a Child. He pled guilty to Abusive Sexual Contact with a Child on November 18, 2014.

The conviction arose from an incident that occurred in October 2013, in Takini, when Between Lodges engaged in intentional, offensive touching of the victim, an 8-year-old child.

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

Between Lodges 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 a Rosebud, South Dakota, man was acquitted of Sexual Abuse as a result of a federal jury trial in Pierre, South Dakota. The verdict was returned on February 11, 2015.

Anthony Fast Horse, age 55, was indicted by a federal grand jury on March  13, 2012. The charges related to the alleged sexual abuse of a victim at Rosebud.

The investigation was conducted by the Federal Bureau of Investigation and the U.S. Attorney's Office prosecuted the case.

United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of False Statements Relating to Health Care Matters was sentenced on February 6, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Antone Little Moon, age 34, was sentenced to time served and 12 months of supervised release.

The conviction stems from Little Moon attempting to have a false prescription for Hydrocodone filled at the Indian Health Services Pharmacy in Pine Ridge on September 16, 2013.  Little Moon pled guilty to the charge on October 29, 2014.

This case was investigated by the Department of Health and Human Services, Office of the Inspector General.  Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.

United States Attorney Brendan V. Johnson announced that a La Plant, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse and Sexual Abuse of a Minor.

Henry Louis Chase Alone, age 31, was indicted on January 21, 2015.  He appeared before U.S. Magistrate Judge John E. Simko on February 4, 2015, and pled not guilty to the Indictment.  

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

The Indictment charges that in July 2000, at Manderson, Chase Alone sexually abused a girl under the age of 16.

The charges are merely accusations and Chase Alone 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.  
Chase Alone was detained 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 Assault with a Dangerous Weapon was sentenced on February 10, 2015, by U.S. District Judge Roberto A. Lange.

Lawrence Mexican, age 23, was sentenced to 42 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Mexican 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 the Assault with a Dangerous Weapon charge on November 18, 2014.

The conviction arose from a July 2014 incident in Eagle Butte, in which Mexican and two others unlawfully assaulted a victim with shod feet, metal crutches, and wooden clubs, with intent to do bodily harm to the victim.

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

Mexican 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 a Sturgis. South Dakota, couple were sentenced on January 29, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Scott Kaubisch, age 51, convicted of False Swearing in Immigration Matter, was sentenced to 14 months in custody, 3 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund. 

Shiela Kaubisch, a/k/a Maria Shiela Santos Kaubisch, age 54, convicted of Misprison of a Felony, was sentenced to 60 months of probation and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.  The Kaubisches were also ordered to pay $154,586 in restitution to victims of the fraud.

The convictions stem from several occasions wherein Scott Kaubisch sought and received payments from alien workers seeking H-2B visas, yet falsely declared on the Application for Temporary Employment Certification filed with the USCIS, the DOL Form 9142, and the Department of Homeland Security form I-129, that he had not sought or received such payments.  Shiela Kaubisch knew that Scott Kaubisch was falsifying official documents and did conceal that fact.

The investigation was conducted by the U.S. Department of State - Diplomatic Security Service, U.S. Immigration and Customs Enforcement's Homeland Security Investigations , U.S. Department of Labor, Office of Inspector General - Office of Labor Racketeering and Fraud Investigation, and the U.S. Citizenship and Immigration Services – Fraud Detection and National Security.  Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of Escape from Custody was sentenced on February 4, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Benjamin Kitteaux, age 26, was sentenced to 6 months in custody and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.   

In August 2014, Kitteaux left Community Alternatives of the Black Hills, where he was serving the remainder of a federal prison sentence, and did not return as required.

The investigation was conducted by the U.S. Marshals Service.  The case was prosecuted by Assistant U.S. Attorney Ben Patterson.

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

United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, woman has been indicted by a federal grand jury for Theft of Government Property.

Bonita Ghost Dog, age 54, was indicted on January 21, 2015.  She appeared before U.S. Magistrate Judge Veronica Duffy on January 29, 2015, and pleaded not guilty to the Indictment.  

The maximum penalty upon conviction is 10 years 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 between May 2006 and September 2013, at Pine Ridge, Ghost Dog sold items belonging to the U.S. Department of Agriculture, Food Distribution Program, and kept the money for her personal gain.

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

The investigation was conducted by the U.S  Department of Agriculture.   Assistant U.S. Attorney Ben Patterson is prosecuting the case.   Ghost Dog was released pending trial.   A trial date has not been set.    

United States Attorney Brendan V. Johnson announced that a Belle Fourche, South Dakota, man convicted of Commercial Sex Trafficking was sentenced on February 3, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Jerry Lane Golliher, age 32, who was convicted following a federal jury trial in Rapid City in September 2014, was sentenced to 15 years in custody, 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Golliher was one of nine men who were arrested and federally indicted as a result of an undercover sex trafficking operation conducted during the 2013 Sturgis Motorcycle Rally, targeting persons willing to pay to have sex with underage girls obtained through the Internet. All nine men were indicted for Commercial Sex Trafficking.

The conviction stemmed from Golliher responding to a Craigslist.com advertisement posted by Division of Criminal Investigation undercover agents, which purported to offer young girls for sex. Following several emails with a person Golliher believed to be associated with a 13-year old girl, but who was in fact an undercover agent, he proceeded to negotiate the time and place they would meet, as well as the price he would pay, which was $150.  Golliher then showed up at the negotiated time and place with sufficient currency and confirmed he was there to have sex with the minor in exchange for money.

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

Golliher was immediately turned over to the custody of the U.S. Marshal's Service.   

United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of Assault by Striking, Beating, and Wounding was sentenced on February 5, 2015, by U.S. Magistrate Judge Mark A. Moreno.

Joseph Lambert, age 27, was sentenced to 12 months of probation and a special assessment of $25 to the Federal Crime Victims Fund.

Lambert was indicted by a federal grand jury on May 13, 2014.  He pled guilty on December 5, 2014.

The conviction stems from an incident on April 23, 2014, when Lambert had an argument with his girlfriend and the mother of his two children.  While arguing, the victim threw a cup at Lambert and Lambert grabbed the victim from behind, wrapped his arms around her upper body, and assaulted her.  The victim bit his arm, he released her and she fled the residence.

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

United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of Assault by Striking, Beating, and Wounding was sentenced on February 5, 2015, by U.S. Magistrate Judge Mark A. Moreno.

Joseph Lambert, age 27, was sentenced to 12 months of probation and a special assessment of $25 to the Federal Crime Victims Fund.

Lambert was indicted by a federal grand jury on May 13, 2014.  He pled guilty on December 5, 2014.

The conviction stems from an incident on April 23, 2014, when Lambert had an argument with his girlfriend and the mother of his two children.  While arguing, the victim threw a cup at Lambert and Lambert grabbed the victim from behind, wrapped his arms around her upper body, and assaulted her.  The victim bit his arm, he released her and she fled the residence.

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

United States Attorney Brendan V. Johnson announced that a Lead, South Dakota, man has been indicted by a federal grand jury for Possession of an Unregistered Firearm.

Archie Roberts, age 28, was indicted on December 16, 2014.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on February 4, 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charge relates to Roberts possessing two sawed off shotguns, which were not registered to him, on September 30, 2014, in Lead.

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

The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Lead Police Department.  Assistant U.S. Attorney Eric Kelderman is prosecuting the case.

Roberts was released on bond pending trial.  A trial date has been set for April 14, 2015.

United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, woman has been indicted by a federal grand jury for Money Order Fraud.

Eden Tawiah, a/k/a Eden Rosales, a/k/a Eden Holt, age 31, was indicted on January 21, 2015.  She appeared before U.S. Magistrate Judge Veronica L. Duffy on January 29, 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 charge relates to Tawiah knowingly passing fraudulent money orders in the District of South Dakota in September of 2014.

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

The investigation is being conducted by the United States Postal Inspection Service.  Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.

Tawiah was released on bond pending trial.  A trial date has been set for April 7, 2015.

United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, man has been indicted by a federal grand jury for Assault with Intent to Commit Murder, Use of a Firearm during a Crime of Violence, and Assault with a Dangerous Weapon.

Jourdan Brown, age 18, was indicted on January 21, 2015.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on January 23, 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, 2 years of supervised release, and $100 to the Federal Crime Victims Fund for each charge.  Restitution may also be ordered.

The charges relate to Brown using a baseball bat to assault another man on January 14, 2015, at Pine Ridge, and shooting through the front window of the victim’s house later that same day.

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

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

Brown was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has been set for March 31, 2015.

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

Stephanie Luxon, age 23, was indicted by a federal grand jury on January 14, 2015.  She appeared before U.S. Magistrate Judge Mark A. Moreno on January 29, 2015, and pled not guilty to the Indictment.

The maximum penalty upon conviction 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. Restitution may also be ordered.

The Indictment alleges that in August 2014, in Todd County, Luxon abused, exposed, tortured, tormented, and cruelly punished a child under the age of seven years old.

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

The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services, the Federal Bureau of Investigation, and the Nebraska State Patrol. Assistant U.S. Attorney Tim Maher is prosecuting the case.   

Luxon was released on bond pending trial. Trial has been set for April 7, 2015.

United States Attorney Brendan V. Johnson announced that a Canton, South Dakota, man has been indicted by a federal grand jury for Causing Introduction of Misbranded Drug into Interstate Commerce with Intent to Defraud, and Receipt and Offered Delivery of a Misbranded Drug.

Stanley Dean Brower, age 68, was indicted on February 3, 2015.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on February 4, 2015, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 3 years in custody and/or a $10,000 fine, 1 year of supervised release, and $100 to the Federal Crime Victims Fund on each count.  

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

The investigation is being conducted by the Food and Drug Administration – Office of Criminal Investigations.  Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.   

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

United States Attorney Brendan V. Johnson announced that a Porcupine, South Dakota, woman convicted of Distribution of a Controlled Substance to a Person Under Age Twenty-One was sentenced on January 26, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Ardis Good Shot, age 41, was sentenced to 1 year of probation, 25 hours of community service, and a $100 special assessment to the Federal Crime Victims Fund.

The conviction stems from Good Shot providing marijuana to a person under the age of 18 on multiple occasions between October 2011 and January 2012.

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

United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on February 2, 2015, by U.S. District Judge Roberto A. Lange.

Vernon Robert Schmidt, Jr., a/k/a Sonny Bob Schmidt, age 29, was sentenced to 46 months in custody, 2 years of supervised release, $900 in restitution, and a $100 special assessment to the Federal Crime Victims Fund.

The conviction stems from a May 26, 2014, incident when, during an argument, Schmidt pointed a Stoeger 9mm caliber pistol at the victim and waved it around.  Schmidt was brandishing the firearm when it discharged. A 9mm slug from the Stoeger firearm hit the victim in the chest and neck area, causing serious bodily injury to the victim. Schmidt fled the scene.

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

Schmidt 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 a Lower Brule, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on February 2, 2015, by U.S. District Judge Roberto A. Lange.

Joseph Thompson, age 23, was sentenced to 18 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Thompson was indicted by a federal grand jury on July 15, 2014.  He pled guilty on November 18, 2014.

The conviction stems from an incident in the early morning hours of May 3, 2014, when Thompson, the victim, and others were at a party in Lower Brule.  Thompson and the victim began to argue.  The defendant assaulted the victim, which resulted in a deep wound to the victim’s forehead, penetrating the skull bone.  The wound required 27 sutures to close.

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

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

United States Attorney Brendan V. Johnson announced that a Las Vegas, Nevada, man has been indicted by a federal grand jury on two counts of Sex Trafficking by Force, Fraud, or Coercion.

Robert Ryan Powell, age 34, was indicted on January 21, 2015.  He appeared before U.S. Magistrate Judge Veronica Duffy on January 23, 2015, and pled not guilty to the Indictment.  

The penalty upon conviction is a mandatory minimum of 15 years’ imprisonment up to life imprisonment and/or a $250,000 fine, a mandatory minimum of 5 years up to lifetime supervised release, and a $100 assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment charges that between January 1, 2014, and January 13, 2015, in Rapid City and elsewhere, Powell caused two females to engage in commercial sex acts, for his own financial benefit.

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

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

Powell was detained pending trial.   A trial date has not been set.  

United States Attorney Brendan V. Johnson announced that Clyde Aquallo, age 40, of Rosebud, South Dakota, was convicted of Possession of an Unregistered Firearm and Prohibited Person in Possession of a Firearm, following a four-day jury trial in Pierre, South Dakota.  The verdict was returned on January 30, 2015.

The jury found Aquallo not guilty of Assault with a Dangerous Weapon, Using and Carrying a Firearm During and In Relation to a Crime of Violence, and Distribution of a Controlled Substance.

The charges of conviction carry a maximum penalty of 10 years of imprisonment and/or a $250,000 fine, and forfeiture of firearms and ammunition.

Aquallo’s convictions arose from incidents that occurred on February 27, 2014, when Aquallo had been using methamphetamine and possessed several firearms at the home where he was residing in Todd County.  Among the firearms he possessed was a sawed-off shotgun with a barrel of less than 18 inches in length.  Aquallo said he kept the shotgun for a couple of weeks because he was going to fix it for a relative, but the firearm was not lawfully registered to him in in the National Firearms Registration and Transfer Record.  Aquallo also never fixed the sawed-off shotgun.

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

A presentence investigation was ordered, and a sentencing date was set for April 20, 2015, at 3:00 pm.

Aquallo was remanded to the custody of the U. S. Marshals Service to await sentencing.

United States Attorney Brendan V. Johnson announced that Jordyn Blue Coat, a/k/a Jordyn Swan, age 21, of Eagle Butte, South Dakota, appeared before District Judge Roberto A. Lange on February 2, 2015, and pled guilty to Second Degree Murder of a child.        

The maximum penalty upon conviction is up to life in custody, 5 years of supervised release, and $100 to the Federal Crime Victims Fund.

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 parties stipulated and agreed that Blue Coat had malice aforethought when she unlawfully kicked the child in the head causing his death.

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.  The case is being prosecuted by Assistant U.S. Attorney Mikal Hanson.

A presentence investigation was ordered and a sentencing date was set for April 27, 2015.  Blue Coat was remanded to the custody of the U.S. Marshals Service pending sentencing.

United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man convicted of Possession of a Stolen Firearm was sentenced on February 2, 2015, by U.S. District Judge Roberto A. Lange.

Shilo Hill, a/k/a Shilo Robideau, age 19, was sentenced to 2 months in custody, 18 months of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Hill was indicted for Second Degree Burglary, Larceny, and Possession of a Stolen Firearm by a federal grand jury on July 15, 2014.  He pled guilty to Possession of a Stolen Firearm on November 17, 2014.

The conviction arose from an incident in March 2014, when Hill knowingly and unlawfully received, possessed, concealed, and stored a .45 caliber Glock pistol, which he had stolen.  The firearm was manufactured outside of South Dakota and was shipped and transported in interstate commerce before Hill took and possessed the firearm.

 This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant U.S. Attorney Mikal Hanson prosecuted the case.

Hill 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 a Box Elder, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on February 2, 2015, by U.S. District Judge Roberto A. Lange.

Dewey Shane Marrowbone, age 45, was sentenced to 14 months in custody, 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 September 16, 2014 for Failure to Register as a Sex Offender, and pled guilty on November 17, 2014.

The conviction stems from Marrowbone’s failure to register and update his sex offender registration between July 4, 2014, and August 20, 2014. Marrowbone was convicted of Sexual Abuse in 2006, and therefore required by federal law to register and update his place of residence.

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

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

Anthony One Star, Jr., age 27, was indicted on January 14, 2015. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 26, 2015, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 8 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.

One Star is alleged to have forcibly assaulted, resisted, opposed, and impeded a Rosebud Sioux Tribe law enforcement officer in November 2014, in Rosebud.  The incident resulted in physical contact with the officer.

The charge is merely an accusation and One Star is presumed innocent until and unless proven guilty.
 
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Tim Maher is prosecuting the case.   

One Star 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 Manderson, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse of a Minor.

Jasper Chase Alone, age 28, was indicted on January 21, 2015.  He appeared before U.S. Magistrate Judge Veronica Duffy on January 23, 2015, and pled not guilty to the Indictment.  

The maximum penalty upon conviction is 15 years’ imprisonment and/or a $250,000 fine, a mandatory minimum of 5 years up to lifetime supervised release, and a $100 assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment charges that in September 2014, at Manderson, Chase Alone engaged in a sexual act with a girl under the age of 16.  

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

The investigation was conducted by the Federal Bureau of Investigation.   Assistant U.S. Attorney Ben Patterson is prosecuting the case.  

Chase Alone was detained pending trial.  A trial date has not been set.

United States Attorney Brendan V. Johnson announced that a man residing at the Winner Work Release Program in Winner, South Dakota, has been indicted by a federal grand jury for Criminal Trespass.

Steven Nichols, age 44, was indicted on January 21, 2015.  He appeared before U.S. Magistrate Judge Mark A. Moreno on January 26, 2015, and pled not guilty to the Indictment.   

The maximum penalty upon conviction is up to 1 year in custody and/or a $100,000 fine, 1 year of supervised release, and $25 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about January 16, 2015, Nichols, a non-Indian, knowingly committed the public offense of Entering or Refusing to Leave Property After Notice. He entered the Rosebud Sioux Indian Reservation, knowing he was not privileged to do so.

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

The investigation is being conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Service.  Assistant U.S. Attorney Tim Maher is prosecuting the case.   

Nichols 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 Fort Thompson, South Dakota, man convicted of Assault Resulting in Substantial Bodily Injury to an Intimate Partner and Assault Resulting in Serious Bodily Injury was sentenced on January 26, 2015, by U.S. District Judge Roberto A. Lange.

Calvin Bagola, age 27, was sentenced to 55 months in custody on each count, with the sentences to be served concurrently.  Bagola also received 2 years of supervised release, and a $200 special assessment to the Federal Crime Victims Fund.

 The first conviction stems from an incident on or about February 13, 2014, when Bagola, who had been an intimate dating relationship with the victim since September of 2013, began to assault her with a closed fist at his mother’s house.  Bagola also kicked the victim a couple of times.  The victim received medical treatment at the hospital in Chamberlain, where it was determined she had a mildly depressed medical orbital wall fracture and a non-displaced fracture involving the superolateral aspect of the right maxillary sinus.  Both of her eyes were swollen shut and she had bruising to her face and body.

Bagola’s second conviction stems from an incident on March 27, 2014, when law enforcement was called for an assault involving Bagola and the same victim from the first conviction.  Bagola began assaulting the victim when a second victim attempted to intervene and protect her.  Bagola assaulted the second victim with a closed fist, punching her several times and knocking her to the ground unconscious. She received medical treatment at the hospital in Chamberlain, where it was determined she had fractures of the mandible both anteriorly and involving the left ramus.  She was seen by a specialist in Sioux Falls and required surgery to repair, including her mouth being wired shut for several weeks.

This case was investigated by 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.

United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on January 26, 2015, by U.S. District Judge Roberto A. Lange.

Philip Nordvold, age 36, was sentenced to 16 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Nordvold was indicted for Possession of a Firearm by a Prohibited Person by a federal grand jury on August 19, 2014. He pled guilty to the charge on October 21, 2014.

The conviction arose from an incident in February 2014, when Cheyenne River Sioux Tribe law enforcement officers found Nordvold asleep in a parked vehicle.  The officers knocked on the window of the vehicle to awaken Nordvold, and one of the officers observed a handgun on the seat by Nordvold’s hand. The vehicle was then searched and a 9mm semi-automatic pistol was located under the driver’s seat.  Nordvold had previously been convicted of a crime punishable by imprisonment for more than one year, and was therefore a person prohibited from possessing a firearm.

This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Division and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Mikal Hanson prosecuted the case.

Nordvold 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 a Rosebud, South Dakota, woman convicted of two counts of Second Degree Murder was sentenced on January 20, 2015, by U.S. District Judge Roberto A. Lange.

Crystal Red Hawk, age 37, was sentenced to 300 months in custody, 3 years of supervised release, and a $200 special assessment to the Federal Crime Victims Fund.  Restitution will also be ordered.

Red Hawk, along with co-defendants Billy Ray McCloskey and Riley McCloskey, were all indicted by a federal grand jury on February 12, 2014, for First Degree Murder, Kidnapping, Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, Interstate Transportation of a Stolen Motor Vehicle, and Larceny.  Red Hawk pled guilty to two counts of Second Degree Murder on October 27, 2014.

The co-defendants in the case were both previously sentenced on October 27, 2014.  BillyRay McCloskey, age 24 from St. Francis, South Dakota, was sentenced to two terms of life imprisonment for two counts of First Degree Murder, and a $200 special assessment to the Federal Crime Victims Fund.

Riley McCloskey, age 21 from St. Francis, was convicted of two counts of Second Degree Murder, and sentenced to 210 months in custody, 5 years of supervised release, and a $200 special assessment to the Federal Crime Victims Fund. 

In the late evening hours of December 23, 2013, BillyRay McCloskey and Calvin Kills In Water physically fought each other at a home in St. Francis. BillyRay McCloskey knocked Kills In Water to the kitchen floor and kicked him repeatedly in the head, face, and body until Kills In Water lost consciousness. Crystal Red Hawk was present during the assault on Kills In Water. Riley McCloskey arrived at the residence after the assault, while Kills In Water was lying on the floor unconscious and bleeding.  Seventy-six year old Benjamin Clifford was asleep in the living room.

The Defendants decided to remove Kills In Water from the residence. The plan was to wrap a shower curtain or blanket around Kills In Water to keep the blood from dripping on the upholstery in the car in which they intended to transport him. The car belonged to Benjamin Clifford.

BillyRay McCloskey and Riley McCloskey supported Kills In Water between them and “walked” him out to Clifford’s car. They loaded him in to the rear passenger seat of the vehicle. As they were doing so, Clifford, the owner of the vehicle, ran outside and said he would drive his own car.

Clifford drove the vehicle as they left the residence, with Crystal Red Hawk in the front passenger seat, Riley McCloskey in the driver side rear passenger seat, and BillyRay McCloskey in the center of the rear passenger seat.  The plan was to drive to the community of St. Francis to a trailer house located behind a store where they could drop off Kills In Water with someone who knew him. Clifford suggested that they take Kills In Water to the hospital, but BillyRay McCloskey said no. Clifford then drove the vehicle behind the trailer house according to the original plan and honked the car horn in an effort to get someone’s attention inside the trailer. As he did so, BillyRay McCloskey reached over the back of the front seat and placed his forearm around Clifford’s neck in a sleeper hold until he lost consciousness. The vehicle was driven away from the scene and down a highway south of St. Francis, where the vehicle stopped and BillyRay McCloskey searched the front of the car until he found a screw driver. BillyRay McCloskey then turned around to face the back seat, got on his knees, and stabbed Kills In Water in the chest several times with the screw driver.

The Defendants then proceeded into Nebraska, stopping in front of a gate into a pasture in rural Cherry County. BillyRay McCloskey opened the gate and Crystal Red Hawk continued to drive the vehicle into the pasture, coming to a stop near a grove of trees. BillyRay McCloskey and the others removed both Clifford, who was unconscious but alive, and Kills In Water from the vehicle and drug their bodies from the car to the grove of trees.

After leaving the location where the bodies were dumped, BillyRay McCloskey threw the screw driver out of the front passenger side window. The Federal Bureau of Investigation (FBI) ultimately recovered a Phillips screw driver, and DNA testing of the screw driver indicated the presence of blood from both Clifford and Kills In Water.

The bodies of both Clifford and Kills In Water were located and recovered in the early morning hours of December 30, 2013. Kills In Water was found with his hands bound behind his back with a pair of pants.

Several days later, law enforcement authorities apprehended BillyRay McCloskey, who admitted he strangled Clifford until he was unconscious and also admitted to stabbing him in the chest at least 5 times with a screw driver. He also admitted that he stabbed Kills In Water at least seven times in the throat and had dumped the bodies in a remote area.

An autopsy was performed on the bodies of Clifford and Kills In Water. The autopsy report of Benjamin Clifford concluded that the cause of death was stab wounds to the left chest, with neck compression “asphyxia” as a probable contributing factor.  The autopsy noted seven puncture wounds in the upper chest region.

The autopsy report of Calvin Kills In Water indicated that the cause of death was stab wound type injuries involving the head and neck area, with a likely contributing factor of blunt force trauma to the head.        

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

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

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

Kameron Jackson, age 22, was indicted on August 19, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 20, 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 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 register and update his registration.

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

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

Jackson was remanded to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that a Mobridge, South Dakota, man charged with Assaulting, Resisting, and Impeding a Federal Officer pled guilty to and was sentenced on January 20, 2015, by U.S. Magistrate Judge Mark A. Moreno.

Ed Charles LeClair, IV, 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.

The conviction stems from an incident that took place in Timber Lake at the Days of 1910 City Celebration on or about July 27, 2014, when LeClair forcibly assaulted a Dewey County Deputy Sheriff.  At the time of the assault,  the Deputy Sheriff was assisting federal law enforcement officers in an arrest of the Defendant at the beer tent.

The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Services.  The case was prosecuted by Assistant U.S. Attorney Mikal Hanson.  LeClair was remanded to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury for Failure to Appear.

Brett Charles Roach, age 27, was indicted on January 14, 2015. He appeared before U.S. Magistrate Judge William D. Gerdes on January 16, 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges Roach was released from custody on a previously indicted charge, upon certain conditions imposed by the Court, including the condition that Roach attend all matters scheduled by the Court.  On September 29, 2014, Roach was set to appear before the Honorable Charles B. Kornmann, U.S. District Judge, at Aberdeen, South Dakota, for jury selection.  Roach is alleged to have knowingly failed to appear at this hearing, as required.

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

The investigation is being conducted by the U.S. Marshals Service.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case.   

Roach 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 Lower Brule, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on January 20, 2015, by U.S. District Judge Roberto A. Lange.

Loren Lee Goodlow, a/k/a Loren Goodlow, Jr., age 25, was sentenced to 27 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Goodlow was indicted by a federal grand jury on July 15, 2014.  He pled guilty on November 3, 2014.

The conviction stems from an incident on or about June 11, 2014, when Goodlow went to the house of his juvenile cousins and started drinking.  The victim and his wife were standing outside talking when there was a confrontation between Goodlow and the victim, which resulted in the assault.  The victim was airlifted to a hospital in Sioux Falls and he was diagnosed with a traumatic brain injury.  The victim also suffered severe mixed hearing loss in his right ear and mild sensorineural hearing loss in his left ear.

This case was investigated by the Federal Bureau of Investigation.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

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

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

Adrian Spotted Horse, age 35, was indicted on January 13, 2015.  He appeared before U.S. Magistrate Judge William D. Gerdes on January 16, 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 between August 26, 2014, and November 17, 2014, Spotted Horse, 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 as required by law.

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

The investigation is being conducted by the U.S. Marshals Service.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case.   

Spotted Horse 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 La Plant, South Dakota, man and woman have been indicted by a federal grand jury for Incest.

Nicholas Ray White Eagle, age 27, and Fawn Lynn Scott, age 22, were indicted on January 14, 2015.  They appeared before U.S. Magistrate Judge Mark A. Moreno on January 15, 2015, and pled not guilty to the Indictment.

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

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 act, White Eagle and Scott were not legally married and were within the degrees of consanguinity with each other, within which a marriage was void.

The charge is merely an accusation and White Eagle and Scott are presumed innocent until and unless proven guilty.

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

White Eagle was released on bond to address separate state court charges and Scott was detained pending trial.  A trial date has not been set.

United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.

Lawrence Bowker, a/k/a Larry Bowker, age 47, was indicted on January 13, 2015.  He appeared before U.S. Magistrate Judge Mark A. Moreno on January 20, 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, 3 years of supervised release, and $200 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about August 9, 2014, Bowker unlawfully assaulted an adult male with shod feet, resulting in serious bodily injury.

The charges are merely accusations and Bowker is presumed innocent until and unless proven guilty.
 
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.   

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

United States Attorney Brendan V. Johnson announced Casey James Godfrey, 29, of Rapid City, appeared before U.S. Magistrate Judge John E. Simko on January 15, 2015, and pled guilty to Enticement of a Minor Using the Internet.  The Magistrate Judge is expected to recommend Godfrey’s plea be accepted by the District Court.

The penalty upon conviction is a mandatory minimum of 10 years in prison up to life imprisonment and/or a $250,000 fine.     

Between July 2013 and January 2014, at Rapid City, Godfrey used the Internet to entice two females under the age of 18 to engage in sexual activity. 

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

A presentence investigation was ordered and a sentencing date will be set. 

Godfrey was remanded to the custody of the U.S. Marshals pending acceptance of his plea and sentencing. 

United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota, man convicted of Making Counterfeit Currency was sentenced on January 16, 2015, by U.S. District Judge Karen E. Schreier.

Joshua Shane Lajoie, age 29, was sentenced to 30 months in custody, to be followed by 2 years of supervised release.  He was also ordered to make restitution of $560 to various businesses in the Sioux Falls area.

Lajoie was indicted by a federal grand jury on June 3, 2014, for one count of Making Counterfeit Currency, three counts of Passing Counterfeit Currency, and one count of Possession Of Counterfeit Currency.  He pled guilty to the Making Counterfeit Currency charge on September 23, 2014.  The other charges were dismissed.

The Sioux Falls Police Department received reports from several Sioux Falls businesses that they had received counterfeit $20 bills in late November and December of 2013.  An investigation led to the arrest of several individuals, including Lajoie.  It was determined that Lajoie had been making the counterfeit money and used it to purchase drugs.  In turn, the sellers of the drugs spent the counterfeit money.  It is estimated that 116 counterfeit $20 bills were passed in the area.

This case was investigated by the Sioux Falls Police Department, the Minnehaha County Sheriff’s Office, and the U.S. Secret Service.  Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.

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