District of South Dakota

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

Leland Logg, age 38, was indicted on January 13, 2015.  He 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 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 between April 7, 2014, and June 20, 2014, Logg took and carried away, with the intent to steal and purloin, money, funds, and assets, which were the personal property of Dakota Oyate Challenge Basketball Tournament, and had a value of more than $1,000.

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

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

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

United States Attorney Brendan V. Johnson announced that a Harrold, South Dakota, man has been indicted by a federal grand jury for Domestic Assault by a Habitual Offender.

Lonnie Patrick Big Eagle, age 38, was indicted on January 13, 2015.  He appeared before U.S. Magistrate Judge Mark A. Moreno on January 16, 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 between August 9, 2014, and August 10, 2014, Big Eagle committed a domestic assault upon his common law wife, causing substantial bodily injury.  At the time of the assault, Big Eagle had a final conviction, on at least two separate prior occasions, for offenses that would have been, if subject to federal jurisdiction, an assault against a spouse or intimate partner.

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

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

Big Eagle 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 has been indicted by a federal grand jury for Conspiracy to Distribute and Possess with Intent to Distribute a Controlled Substance, and Possession with Intent to Distribute a Controlled Substance.

Christopher Spider, age 35, was indicted on January 13, 2015.  He appeared before U.S. Magistrate Judge Mark A. Moreno on January 16, 2015, and pled not guilty to the Indictment.  

The maximum penalty upon conviction is up to 20 years in custody and/or a $1,000,000 fine, at least 3 years of supervised release, and $200 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that commencing on or about September 1, 2014, and continuing through December 29, 2014, Spider knowingly and intentionally combined, conspired, confederated and agreed with others to distribute and possess with intent to distribute a controlled substance.  The Indictment also alleges that on or about December 29, 2014, Spider knowingly and intentionally possessed with intent to distribute a detectable amount of methamphetamine.

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

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

Spider 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 an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance and Possession with Intent to Distribute a Controlled Substance.

Michael Scott Hearon, age 46, was indicted on November 13, 2014.  He appeared before U.S. Magistrate Judge Mark A. Moreno on January 14, 2015, and pled not guilty to the Indictment.  

The maximum penalty upon conviction is up to 20 years in custody and/or a $1,000,000 fine, 3 years of supervised release, and $400 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about between June 22, 2013, and February 3, 2014, Hearon knowingly and intentionally combined, conspired, confederated and agreed with others to distribute and possess with intent to distribute methamphetamine, a Schedule II controlled substance.  The Indictment also alleges that Hearon, on June 22, 2013, and October 18, 2013, knowingly and intentionally distributed and possessed with intent to distribute methamphetamine and marijuana.

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

The investigation is being conducted by the Federal Bureau of Investigation and Bureau of Indian Affairs.  Assistant U.S. Attorney Jay Miller is prosecuting the case.   

Hearon 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 an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon.

Kenny Fiddler, age 34, was indicted on December 9, 2014.  He 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 is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about August 23, 2014, Fiddler unlawfully assaulted a male victim with a knife with the intent to do bodily harm.

The charge is merely an accusation and Fiddler 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.   

Fiddler was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for February 24, 2015.

United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Possession of a Firearm by a Prohibited Person and Possession of a Stolen Firearm.

Patrick Harding, age 57, was indicted on November 19, 2014. He appeared before U.S. Magistrate Judge Veronica Duffy on January 12, 2015, and pled not guilty to the Indictment.  

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

The Indictment charges that in August 2014, at Rapid City, Harding, who is prohibited from possessing firearms, was in possession of a stolen Glock pistol.

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

The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Assistant U.S. Attorney Ben Patterson is prosecuting the case.   Harding was detained pending trial.   A trial date has not been set.  

United States Attorney Brendan V. Johnson announced that a Kyle, South Dakota, man has been indicted by a federal grand jury for Possession of Firearms by a Prohibited Person.

Gerald Baker, age 29, was indicted on September 23, 2014.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on January 8, 2015, and pled not guilty to the Indictment.

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

The charge relates to Baker being in possession of a firearm on June 9, 2014, at Kyle, when he knew he was prohibited from doing so because of a previous domestic violence conviction.

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

The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, Oglala Sioux Tribe Department of Public Safety, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant U.S. Attorney Ben Patterson is prosecuting the case.

Baker was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has been set for March 17, 2015.

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

Juan Crawford, age 24, was indicted on October 21, 2014.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on January 9, 2015, and pled not guilty to the Indictment.

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

The charge relates to Crawford stealing wallets, cash, personal items, and debit and credit cards from unlocked lockers at the men’s gym on Ellsworth Air Force Base on December 9, 2013.

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

The investigation is being conducted by the United States Air Force Security Police.  Assistant U.S. Attorney Eric Kelderman is prosecuting the case.

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

WASHINGTON - A federal court has barred a Rapid City, South Dakota, company and its president from further manufacturing and distributing its laser devices, which they marketed to treat a variety of medical conditions and diseases, the Justice Department announced today.

U.S. District Court Chief Judge Jeffrey L. Viken for the District of South Dakota entered the preliminary injunction on Wednesday against Robert “Larry” Lytle and his businesses, QLasers PMA, 2035 PMA, and 2035 INC., in an action filed by the Justice Department to enforce provisions of the federal Food, Drug, and Cosmetic Act (FDCA).  The court’s order prohibiting the manufacture and distribution of the QLaser devices also applies to Lytle’s business affiliates and franchisees.

Last October, the Justice Department and the U.S. Attorney’s Office for the District of South Dakota filed a civil complaint for injunctive relief against Lytle and his businesses, alleging that they have been violating the FDCA by nationally marketing Lytle’s laser devices for the treatment of more than 200 different diseases and medical disorders without clearance or approval from the U.S. Food and Drug Administration (FDA).  The preliminary injunction entered on Wednesday takes effect immediately and will remain in force while the government’s case seeking a permanent injunction proceeds to final judgment.

Judge Viken found, based on what he called an “extensive and well developed record,” that Lytle and his various businesses “have shown no intent to discontinue their activities and voluntarily comply with the FDCA.  “The injunction bars the defendants from continuing to market and distribute any medical devices until they receive written permission from the FDA to do so.

Lytle, whom the court noted was a dentist in Rapid City until his license to practice dentistry was permanently revoked by the South Dakota Board of Dentistry in 1998, markets the devices by soliciting purchasers to join his “private membership associations” or “PMAs” before purchasing his lasers.  As the court explained, however, “Hiding behind a curtain of private membership associations, 2035 PMA and QLaser PMA, does not shield Mr. Lytle from the authority of the FDCA or the jurisdiction of the court.”

“With the entry of this preliminary injunction, we have taken another step toward ensuring that only medical devices that have been shown to be safe and effective are placed in the hands of the American consumer,” said Acting Assistant Attorney General Joyce R. Branda for the Justice Department’s Civil Division.  “Everyone who deals in products that affect people’s health must comply with the FDCA.”

According to court documents filed in the case, the defendants have been distributing the QLaser devices with labeling that contains false and misleading claims, touting their use in treating such serious conditions as cancer, HIV/AIDS, venereal disease and diabetes.  Although two of his laser devices were FDA-cleared for providing temporary relief of pain associated with osteoarthritis of the hand, none of the devices has been cleared or approved to treat any other medical conditions.  The government alleges that not only are there no published clinical studies to support the use of Lytle’s lasers to treat other serious medical conditions, but that in fact, using the devices according to the device’s labeling could be dangerous to health.  The court’s order finds that the United States is substantially likely to succeed on the merits on this claim and the others within the government’s complaint.

“The preliminary injunction granted should provide consumers a renewed sense of confidence,” said U.S. Attorney Brendan V. Johnson for the District of South Dakota.  “This action is crucial to prevent the company from continuing to operate on the periphery of the law, and potentially jeopardize the health and safety of its consumers.”

The FDA referred this enforcement action to the Department of Justice.  The government’s case is being litigated by Trial Attorney Ross S. Goldstein of the Civil Division’s Consumer Protection Branch, with assistance from the U.S. Attorney’s Office for the District of South Dakota and the FDA’s Office of Chief Counsel.

WASHINGTON - A federal court has barred a Rapid City, South Dakota, company and its president from further manufacturing and distributing its laser devices, which they marketed to treat a variety of medical conditions and diseases, the Justice Department announced today.

U.S. District Court Chief Judge Jeffrey L. Viken for the District of South Dakota entered the preliminary injunction on Wednesday against Robert “Larry” Lytle and his businesses, QLasers PMA, 2035 PMA, and 2035 INC., in an action filed by the Justice Department to enforce provisions of the federal Food, Drug, and Cosmetic Act (FDCA).  The court’s order prohibiting the manufacture and distribution of the QLaser devices also applies to Lytle’s business affiliates and franchisees.

Last October, the Justice Department and the U.S. Attorney’s Office for the District of South Dakota filed a civil complaint for injunctive relief against Lytle and his businesses, alleging that they have been violating the FDCA by nationally marketing Lytle’s laser devices for the treatment of more than 200 different diseases and medical disorders without clearance or approval from the U.S. Food and Drug Administration (FDA).  The preliminary injunction entered on Wednesday takes effect immediately and will remain in force while the government’s case seeking a permanent injunction proceeds to final judgment.

Judge Viken found, based on what he called an “extensive and well developed record,” that Lytle and his various businesses “have shown no intent to discontinue their activities and voluntarily comply with the FDCA.  “The injunction bars the defendants from continuing to market and distribute any medical devices until they receive written permission from the FDA to do so.

Lytle, whom the court noted was a dentist in Rapid City until his license to practice dentistry was permanently revoked by the South Dakota Board of Dentistry in 1998, markets the devices by soliciting purchasers to join his “private membership associations” or “PMAs” before purchasing his lasers.  As the court explained, however, “Hiding behind a curtain of private membership associations, 2035 PMA and QLaser PMA, does not shield Mr. Lytle from the authority of the FDCA or the jurisdiction of the court.”

“With the entry of this preliminary injunction, we have taken another step toward ensuring that only medical devices that have been shown to be safe and effective are placed in the hands of the American consumer,” said Acting Assistant Attorney General Joyce R. Branda for the Justice Department’s Civil Division.  “Everyone who deals in products that affect people’s health must comply with the FDCA.”

According to court documents filed in the case, the defendants have been distributing the QLaser devices with labeling that contains false and misleading claims, touting their use in treating such serious conditions as cancer, HIV/AIDS, venereal disease and diabetes.  Although two of his laser devices were FDA-cleared for providing temporary relief of pain associated with osteoarthritis of the hand, none of the devices has been cleared or approved to treat any other medical conditions.  The government alleges that not only are there no published clinical studies to support the use of Lytle’s lasers to treat other serious medical conditions, but that in fact, using the devices according to the device’s labeling could be dangerous to health.  The court’s order finds that the United States is substantially likely to succeed on the merits on this claim and the others within the government’s complaint.

“The preliminary injunction granted should provide consumers a renewed sense of confidence,” said U.S. Attorney Brendan V. Johnson for the District of South Dakota.  “This action is crucial to prevent the company from continuing to operate on the periphery of the law, and potentially jeopardize the health and safety of its consumers.”

The FDA referred this enforcement action to the Department of Justice.  The government’s case is being litigated by Trial Attorney Ross S. Goldstein of the Civil Division’s Consumer Protection Branch, with assistance from the U.S. Attorney’s Office for the District of South Dakota and the FDA’s Office of Chief Counsel.

United States Attorney Brendan V. Johnson announced that two former University of South Dakota football players convicted of Conspiracy to Defraud the United States and Aggravated Identity Theft were sentenced on January 12, 2015, by U.S. District Judge Karen E. Schreier.

Alphonso Rico Valdez, age 23, of Nashville, Tennessee, was sentenced to 37 months in prison on the conspiracy charge, and 24 months on the ID theft charge, to be served consecutively.  Upon release from prison he will be on supervised release for 3 years.  Valdez was also ordered to make restitution to the Internal Revenue Service (IRS) in the amount of $421,116, and to two ID theft victims in the amount of $866.83.

Terry Daron Liggins, age 29, of Sioux Falls, South Dakota, was sentenced to 15 months in prison on the conspiracy charge, and 24 months on the ID theft charge, to be served consecutively.  Upon release from prison he will be on supervised release for 3 years.  Liggins was also ordered to make restitution to the IRS in the amount of $339,535, and to two ID theft victims in the amount of $866.83.

Valdez, Liggins, and 9 others were indicted on the above charges by a federal grand jury on May 8, 2013.  Valdez and Liggins pled guilty on October 16, 2014.

Valdez and Liggins were involved in a scheme to defraud the United States by using personal identifying information, including names, Social Security numbers, and dates of birth, of other individuals to file bogus income tax returns showing tax refunds due.  The requested refunds totaled approximately $1 million, and the IRS paid fraudulent claims of over $400,000 before the fraud came to light.

During his involvement in the scheme, Valdez had co-conspirators obtain identities, including names, Social Security numbers, and dates of birth.   Valdez provided the stolen identities to other co-conspirators to be used to file fraudulent income tax returns with the IRS.  Valdez also had co-conspirators provide him with addresses to use on the fraudulent income tax returns and, in turn, provided those addresses to other co-conspirators so that refund checks could be received in the mail.  Valdez received fraudulent income tax refunds in the mail at the addresses he obtained/provided, and deposited the funds into his own bank accounts and those of his co-conspirators.

During Liggins’ involvement in the scheme, he sent a text message to a co-conspirator containing stolen identities, including names, Social Security numbers, and dates of birth, to be used to file fraudulent income tax returns with the IRS.  He also provided a co-conspirator with addresses knowing that the addresses would be used in the scheme to receive fraudulent tax refunds in the mail.

This case was investigated by the Vermillion Police Department, the South Dakota Division of Criminal Investigation, and the IRS Criminal Investigation Division.  Assistant U.S. Attorney John E. Haak prosecuted the case.

Both men were ordered to surrender to the U.S. Marshals Service by noon on February 16, 2015.

United States Attorney Brendan V. Johnson announced that a Porcupine, South Dakota, woman has been indicted by a federal grand jury for False Statement.

Danishia Marshall, age 19, was indicted on December 16, 2014.  She appeared before U.S. Magistrate Judge Veronica L. Duffy on January 6, 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 October 3, 2013, Marshall knowingly and willfully made a materially false, fictitious, and fraudulent statement when she told a special agent that she had been sexually assaulted by an officer when she, in fact, knew she had not been sexually assaulted.

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

The investigation is being conducted by the Federal Bureau of Investigation.  Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.   

Marshall was released on bond pending trial, which has been set for March 17, 2015.

United States Attorney Brendan V. Johnson announced that an Okreek, South Dakota, man convicted of Assault by Strangulation and Suffocation was sentenced on January 5, 2015, by U.S. District Court Judge Roberto A. Lange.

Joe Scott, age 36, was sentenced to 27 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Scott was indicted by a federal grand jury on April 22, 2014.  He pled guilty on October 27, 2014.

The conviction stems from an incident on or about March 23, 2014, when Scott, his girlfriend and her three children were traveling from Mission to Okreek, where Scott lives.  Scott was intoxicated, and he started to argue with his girlfriend and threatened her.  While she was driving, he struck her and put his hands around her throat, which impacted her normal breathing and the circulation of blood in her neck and throat.  He also reached over from the passenger seat and grabbed the steering wheel and directed the vehicle across the centerline and toward oncoming vehicles.  The victim fought to retain control of the steering wheel and was able to get the vehicle back into the proper lane.  Once at their destination, Scott struck, pinned, and strangled the victim again.

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

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

United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on January 5, 2015, by U.S. District Judge Charles B. Kornmann.  He was found guilty by a federal jury on October 8, 2014, following a two day trial in Pierre, South Dakota.

Brett Roach, age 27, was sentenced to 120 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.  Roach was indicted by a federal grand jury on June 6, 2013.

The conviction stems from an incident on May 22, 2013, when Roach, who was babysitting his wife’s three young children, forcefully threw one of the children off the bed and across the room after the child repeatedly woke him up.  The Defendant then noticed the ten-month old victim was unconscious and called 911 to summon an ambulance.  The victim was transported to the Mobridge Regional Hospital and then airlifted to Sanford USD Medical Center in Sioux Falls due to the severity of the child’s head injuries, which included bilateral skull fractures and subdural hematomas. The child also suffered multiple bruises over numerous parts of the body.  The victim was in critical condition for an extended period of time.

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

Roach 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 Lemmon, South Dakota, man has been indicted by a federal grand jury for Receipt of Child Pornography and Possession of Child Pornography.

Donavon Lee Klein, age 60, was indicted on December 16, 2014.  He appeared before U.S. Magistrate Veronica L. Duffy on January 6, 2015, and pled not guilty to the Indictment.  

The penalty upon conviction is a mandatory minimum of 5 years’ imprisonment up to 20 years’ imprisonment and/or a $250,000 fine, a lifetime of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment charges that between June 2011 and July 2014, at Lemmon, Klein knowingly received and possessed computer files containing images of child pornography.

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

The investigation was conducted by the South Dakota Internet Crimes Against Children Task Force.  Assistant U.S. Attorneys Ben Patterson and Sarah Collins are prosecuting the case.

Klein was released pending trial with conditions limiting his use of the internet and contact with children.  A trial date has been set for March 17, 2015.

United States Attorney Brendan V. Johnson announced that a Brighton, Colorado, man convicted of Attempted Trafficking with Respect to Involuntary Servitude and Forced Labor was sentenced on January 8, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Miguel Aguilar, age 20, was sentenced to 36 months of imprisonment, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.  Aguilar will also be required to register as a sex offender.

Aguilar 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.  

The conviction stemmed from Aguilar responding to a law enforcement-generated Internet advertisement which purported to offer young girls for sex, and Aguilar negotiated the terms of a sexual encounter with a fictitious 13 year-old girl.  Aguilar then met with an undercover agent, who was posing as someone who could provide the young girl for sex.  The negotiated price was a quarter-ounce of marijuana, and Aguilar had the marijuana in his possession. 

The investigation was conducted by the South Dakota Internet Crimes Against Children Task Force, the South Dakota Division of Criminal Investigation, the Federal Bureau of Investigation, the Rapid City Police Department, the Pennington County Sheriff’s Office, and the Meade County Sheriff’s Office.  Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

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

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 January 6, 2015, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Gerald Davis, a/k/a Jerry Davis, age 55, was sentenced to time served, 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Davis pled guilty to the charge on September 25, 2014.  The conviction stems from Davis failing to register as a convicted sex offender between September 2013 and March 2014.

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

United States Attorney Brendan V. Johnson announced that an Alabaster, Alabama, man convicted of Felon in Possession of Firearm, Impersonating a Federal Officer, Interstate Stalking, and Tampering with a Witness, was sentenced on January 6, 2015, by U.S. District Judge Roberto A. Lange.  In October of 2014, Thetford was found guilty by a federal jury, following a 5-day trial in Pierre, South Dakota.

Michael Thetford, a/k/a Russ LNU, age 37, was sentenced to 70 months in custody, to be served consecutively to his sentence imposed in a separate Alabama case, 3 years of supervised release, and a $400 special assessment to the Federal Crime Victims Fund.  He was also ordered to forfeit a firearm he used when he impersonated a Federal Bureau of Investigation (FBI) officer.

On December 14, 2011, Thetford was indicted by a federal grand jury on a three-count Indictment.  On February 12, 2014, a Superseding Indictment was filed adding the Tampering with a Witness charge.

The South Dakota convictions stem from an incident occurring on May 28, 2010, when the victims, William Jack Winslett and Shirley Winslett, a married couple, were living at their home in rural Hughes County.  The victims also own property and other assets in Alabama.  That afternoon, Thetford came to their door posing as a Special Agent with the FBI. Thetford was wearing a dark suit, displayed FBI and military credentials, had a pistol on his hip, and identified himself as “Agent Russ.” Thetford accused the victims of being involved in drug trafficking and other criminal matters.  The victims believed he was an actual FBI Agent. Thetford informed the victims they needed to accompany him to a polygraph examination in Sioux City, Iowa, indicating they could be arrested at the end of the interview.  Thetford told them they would need to bring their computers, so they produced their computers for the trip to Sioux City.  Thetford directed the victims into the back seat of his vehicle, which had locked back-seat doors. 

Thetford drove the victims toward Sioux City, but stopped at Humboldt, South Dakota, where he informed the victims that he had received a cell phone call which cleared them of the drug investigation. He said a different arrest was in the process of being made, and he would return them home.  On the drive home, there was friendlier talk with the victims.  Thetford learned both victims were shooting sport enthusiasts, and learned Mr. Winslett had a knack for gunsmithing.  Ultimately, Thetford left his pistol with the victims, asking that Mr. Winslett do some repair work on the trigger.  On June 4, 2010, Thetford, posing as “Agent Russ” sent the Winsletts an email indicating an arrest had been made and he would enter them into a victim compensation program.

Over the course of several following months, the Winsletts had trouble maintaining contact with “Agent Russ” and began to doubt he was an actual FBI Agent.  The FBI began to track Thetford’s travel to and from South Dakota between May 25 and May 29, 2010. 

Around November 16, 2011, federal search warrants were obtained for Thetford’s home in Alabaster, Alabama.  Numerous items of evidence were found, including fake FBI badges, fake military credentials, fake credentials for surgeons, fake Immigration and Customs Enforcement uniforms and credentials, pepper spray, handcuffs, computers, and molds and materials to make other law enforcement badges and credentials. 

Thetford was tracked over three days and arrested on November 19, 2011, after he fled on foot from pursuing FBI agents through a rural wooded area known as Confederate Memorial Park in Alabama.  After his arrest, Thetford sent a letter to a family member asking the family member to track down a laptop computer that he did not want law enforcement authorities to find.  The laptop computer, and other computer media seized from his home, connected Thetford to a plot to defraud the Winsletts by illegally transferring their Alabama real estate and other property and assets to himself and his land surveying business.  Thetford unlawfully used fake notary credentials to make transfer paperwork look legitimate.  Thetford’s associate testified at trial that Thetford wanted to take and sell the victims’ Alabama property, so Thetford traveled to South Dakota in May of 2010 to investigate the victims and determine if they had plans to come back to Alabama.

 Though incarcerated on other Alabama charges, around February 13, 2013, Thetford sent a letter to the Winsletts that served to threaten and intimidate the victims.  The letter sought to have the Winsletts stop cooperating with federal law enforcement authorities and withhold testimony.

Based upon the investigation that began in South Dakota and continued in Alabama, as well as searches of his home computers, Alabama authorities pursued charges for child pornography, illegal possession of several firearms at his Alabama home, and wire fraud.  On June 27, 2013, Thetford was sentenced in the Northern District of Alabama to 26 and 1/2 years for four charges:  production of child pornography, receipt of child pornography, felon in possession of firearms, and conspiracy to commit wire fraud.  Judge Lange ordered that Thetford shall serve his 6 year South Dakota sentence consecutively to, or after, he completes his Alabama sentence.

 This case was investigated by the South Dakota Division of Criminal Investigation, the Pierre FBI office, the Birmingham, Alabama FBI office, the United States Marshals Service, the FBI’s Science and Technology Branch Investigative Analysis Unit, and other local law enforcement agencies in Alabama.  Assistant U.S. Attorney Tim Maher prosecuted the case.

Thetford 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 Alabaster, Alabama, man convicted of Felon in Possession of Firearm, Impersonating a Federal Officer, Interstate Stalking, and Tampering with a Witness, was sentenced on January 6, 2015, by U.S. District Judge Roberto A. Lange.  In October of 2014, Thetford was found guilty by a federal jury, following a 5-day trial in Pierre, South Dakota.

Michael Thetford, a/k/a Russ LNU, age 37, was sentenced to 70 months in custody, to be served consecutively to his sentence imposed in a separate Alabama case, 3 years of supervised release, and a $400 special assessment to the Federal Crime Victims Fund.  He was also ordered to forfeit a firearm he used when he impersonated a Federal Bureau of Investigation (FBI) officer.

On December 14, 2011, Thetford was indicted by a federal grand jury on a three-count Indictment.  On February 12, 2014, a Superseding Indictment was filed adding the Tampering with a Witness charge.

The South Dakota convictions stem from an incident occurring on May 28, 2010, when the victims, William Jack Winslett and Shirley Winslett, a married couple, were living at their home in rural Hughes County.  The victims also own property and other assets in Alabama.  That afternoon, Thetford came to their door posing as a Special Agent with the FBI. Thetford was wearing a dark suit, displayed FBI and military credentials, had a pistol on his hip, and identified himself as “Agent Russ.” Thetford accused the victims of being involved in drug trafficking and other criminal matters.  The victims believed he was an actual FBI Agent. Thetford informed the victims they needed to accompany him to a polygraph examination in Sioux City, Iowa, indicating they could be arrested at the end of the interview.  Thetford told them they would need to bring their computers, so they produced their computers for the trip to Sioux City.  Thetford directed the victims into the back seat of his vehicle, which had locked back-seat doors. 

Thetford drove the victims toward Sioux City, but stopped at Humboldt, South Dakota, where he informed the victims that he had received a cell phone call which cleared them of the drug investigation. He said a different arrest was in the process of being made, and he would return them home.  On the drive home, there was friendlier talk with the victims.  Thetford learned both victims were shooting sport enthusiasts, and learned Mr. Winslett had a knack for gunsmithing.  Ultimately, Thetford left his pistol with the victims, asking that Mr. Winslett do some repair work on the trigger.  On June 4, 2010, Thetford, posing as “Agent Russ” sent the Winsletts an email indicating an arrest had been made and he would enter them into a victim compensation program.

Over the course of several following months, the Winsletts had trouble maintaining contact with “Agent Russ” and began to doubt he was an actual FBI Agent.  The FBI began to track Thetford’s travel to and from South Dakota between May 25 and May 29, 2010. 

Around November 16, 2011, federal search warrants were obtained for Thetford’s home in Alabaster, Alabama.  Numerous items of evidence were found, including fake FBI badges, fake military credentials, fake credentials for surgeons, fake Immigration and Customs Enforcement uniforms and credentials, pepper spray, handcuffs, computers, and molds and materials to make other law enforcement badges and credentials. 

Thetford was tracked over three days and arrested on November 19, 2011, after he fled on foot from pursuing FBI agents through a rural wooded area known as Confederate Memorial Park in Alabama.  After his arrest, Thetford sent a letter to a family member asking the family member to track down a laptop computer that he did not want law enforcement authorities to find.  The laptop computer, and other computer media seized from his home, connected Thetford to a plot to defraud the Winsletts by illegally transferring their Alabama real estate and other property and assets to himself and his land surveying business.  Thetford unlawfully used fake notary credentials to make transfer paperwork look legitimate.  Thetford’s associate testified at trial that Thetford wanted to take and sell the victims’ Alabama property, so Thetford traveled to South Dakota in May of 2010 to investigate the victims and determine if they had plans to come back to Alabama.

 Though incarcerated on other Alabama charges, around February 13, 2013, Thetford sent a letter to the Winsletts that served to threaten and intimidate the victims.  The letter sought to have the Winsletts stop cooperating with federal law enforcement authorities and withhold testimony.

Based upon the investigation that began in South Dakota and continued in Alabama, as well as searches of his home computers, Alabama authorities pursued charges for child pornography, illegal possession of several firearms at his Alabama home, and wire fraud.  On June 27, 2013, Thetford was sentenced in the Northern District of Alabama to 26 and 1/2 years for four charges:  production of child pornography, receipt of child pornography, felon in possession of firearms, and conspiracy to commit wire fraud.  Judge Lange ordered that Thetford shall serve his 6 year South Dakota sentence consecutively to, or after, he completes his Alabama sentence.

 This case was investigated by the South Dakota Division of Criminal Investigation, the Pierre FBI office, the Birmingham, Alabama FBI office, the United States Marshals Service, the FBI’s Science and Technology Branch Investigative Analysis Unit, and other local law enforcement agencies in Alabama.  Assistant U.S. Attorney Tim Maher prosecuted the case.

Thetford 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 Mission, South Dakota, woman has been indicted by a federal grand jury for Second Degree Murder, Assault Resulting in Serious Bodily Injury, and Child Abuse.

Rae Dawn Lunderman, age 28, was indicted on December 9, 2014.  She appeared before U.S. Magistrate Judge Mark A. Moreno on December 31, 2014, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to life in prison and/or a $250,000 fine, 5 years of supervised release, and $500 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on August 11, 2013, Tyler Erickson and Lunderman unlawfully and with malice murdered and assaulted a human being who had not attained the age of 18 years old.  The Indictment also alleges that between August 1, 2013, and August 10, 2013, Lunderman abused, exposed, tortured, and cruelly punished two children who had not attained the age of 7 years old.

The charges are merely accusations and Lunderman 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 Services.  Assistant U.S. Attorney Tim Maher is prosecuting the case.   

Lunderman was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for February 24, 2015.

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

Chelsea Larvie, age 21, was indicted on December 9, 2014. She appeared before U.S. Magistrate Judge Mark A. Moreno on December 23, 2014, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 3 years in custody and/or a $250,000 fine, 1 year of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

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

The charge is merely an accusation and Larvie 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 Services.  Assistant U.S. Attorney Timothy Maher is prosecuting the case.   

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

United States Attorney Brendan V. Johnson announced that a Fort Thompson, South Dakota, man has been indicted by a federal grand jury for Arson and Burglary.

Lewis Brown, Jr., age 21, was indicted on December 9, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 18, 2014, and pled not guilty to the Indictment.  

The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, 5 years of supervised release, and $200 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about October 15, 2014, Brown willfully and maliciously set fire to and burned a duplex.  Brown is also alleged to have entered and remained in an occupied structure, without permission, during night time, with the intent to commit the crime of arson.

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, Crow Creek Agency.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case.   

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

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

Joshua Hale, age 24, was indicted on December 9, 2014.  He appeared before U.S. Magistrate Judge Mark A. Moreno on December 18, 2014, and pled not guilty to the Indictment.  

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

The Indictment alleges that on or about February 6, 2014, Hale unlawfully assaulted an adult male, resulting in serious bodily injury.

The charge is merely an accusation and Hale 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.   

Hale 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 Chamberlain, South Dakota, man convicted of Possession of a Controlled Substance was sentenced on December 31, 2014, by U.S. Magistrate Judge Mark A. Moreno.

Rodney Hickey, age 49, was sentenced to 12 months of custody, 1 year of supervised release, a $1,000 fine, and a $25 special assessment to the Federal Crime Victims Fund.

Hickey was indicted by a federal grand jury on May 21, 2013.  He pled guilty on December 16, 2014.

The conviction stems from an incident on or about January 12, 2013, when a vehicle operated by Hickey was the subject of a felony traffic stop by a South Dakota Highway Patrol Trooper.  During the search of the vehicle, the trooper found a pill bottle with 48 pills of various kinds, as well as two baggies of white powder later determined to be methamphetamine.  Also found in the vehicle were firearms, a scale, a glass pipe, a paper snort tube with methadone residue, three baggies with residue amounts of methamphetamine, four syringes, four cook spoons, a film canister with a residue amount of marijuana, ten needles, five Q-tips, and “Hickey Drilling” forms.

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

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

United States Attorney Brendan V. Johnson announced that a Watertown, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on December 29, 2014, by U.S. District Judge Karen E. Schreier.

Patricio Rodriguez Pena, age 56, was sentenced to 180 months in prison, to be followed by 5 years of supervised release.

Pena was indicted for Conspiracy to Distribute 50 Grams or More of Methamphetamine by a federal grand jury on July 9, 2013.  He pled guilty to the offense on October 6, 2014.

Pena’s indictment was a result of Operation Black Widow, an extensive multi-year investigation into a wide variety of alleged criminal activity.  The investigation resulted in nearly a dozen indictments for drug trafficking and firearm offenses.

For his part in the Operation, Pena provided at least 500 grams, but not more than 1.5 kilograms, of “ice” methamphetamine (at least 80% purity) to various co-conspirators to distribute in South Dakota and elsewhere. 

The investigation was led by the U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).  ATF received significant assistance from other law enforcement agencies, including the Watertown Police Department, the Codington County Sheriff, the South Dakota Division of Criminal Investigation, and the Drug Enforcement Administration.  Assistant U.S. Attorney John E. Haak prosecuted the case.

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

United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota, man and woman convicted of Assaulting, Resisting and Impeding a Federal Officer and Aiding and Abetting have been sentenced by U.S. District Judge Roberto A. Lange.

Toni Harmon, a/k/a Toni Bad Horse, age 39, and Sterling St. Cloud, age 33, were sentenced to time served (approximately 8 months), 2 years of supervised release, and each were ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Harmon and St. Cloud were indicted by a federal grand jury on May 13, 2014.  Harmon pled guilty on September 23, 2014, and St. Cloud pled guilty on October 9, 2014.

The convictions stem from an incident on or about March 8, 2014, when a Bureau of Indian Affairs officer responded to a call on an alleged assault.  Upon arrival, he made contact with St. Cloud, Harmon, and others.  The officer began to place St. Cloud into custody for an outstanding tribal warrant, when St. Cloud attempted to run away, and a struggle ensued with the officer.  Harmon then intervened and grabbed the officer’s hand.  St. Cloud was able to get free with the assistance of Harmon and they both fled the house through the door Harmon had opened.

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

United States Attorney Brendan V. Johnson announced that a Fort Thompson, South Dakota, man convicted of two counts of Domestic Assault by an Habitual Offender, and one count of Simple Assault, was sentenced on December 22, 2014, by U.S. District Judge Roberto A. Lange.  He was found guilty by a federal jury in Pierre on October 10, 2014.

Santana Drapeau, age 22, was sentenced to 41 months in custody, 2 years of supervised release, $954 in restitution, and a $210 special assessment to the Federal Crime Victims Fund.

The conviction stemmed from incidents occurring on May 18, 2014, in which Drapeau assaulted his spouse and intimate partner at two different locations, by hitting the victim in the face at a bonfire and physically assaulting her at a residence.  Drapeau committed these two assaults at a time when he had three final convictions in Crow Creek Sioux Tribal Court for domestic violence against the same victim. 

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

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

United States Attorney Brendan V. Johnson announced that a Temple Terrace, Florida, man convicted of Conspiracy to Defraud the United States and Aggravated Identity Theft was sentenced on December 29, 2014, by U.S. District Judge Karen E. Schreier.

Jeremy Jamar Blount, age 26, was sentenced to 21 months in prison on the conspiracy charge and 24 months on the identity theft charge, to be served consecutively.  Upon release from prison he will be on supervised release for 3 years.  Blount was also ordered to make restitution to the Internal Revenue Service (IRS) and the identity theft victims in the amount of $421,116.

Blount and 10 others were indicted on the above charges by a federal grand jury on May 8, 2013.  Blount pled guilty on October 6, 2014.

Several of Blount’s co-defendants attended the University of South Dakota in Vermillion and are former members of the football team.

Blount was involved in a scheme to defraud the United States by using personal identifying information, including names, Social Security numbers, and dates of birth, of other individuals to file bogus income tax returns showing tax refunds due.  The requested refunds totaled approximately $1 million, and the IRS paid fraudulent claims of over $400,000 before the fraud came to light. 

As his part in the conspiracy, Blount provided co-conspirators with stolen identities and addresses that were used to receive refunds, knowing that the information was being used in the scheme to receive fraudulent tax refunds in the mail.  He also exchanged stolen identities, including names, Social Security numbers, and dates of birth, via text messages with co-conspirators, again knowing that the information was being used in the scheme to receive fraudulent tax refunds in the mail.

This case was investigated by the Vermillion Police Department, the South Dakota Division of Criminal Investigation, and the IRS Criminal Investigation Division.  Assistant U.S. Attorney John E. Haak prosecuted the case.

Blount was ordered to surrender to the U.S. Marshals Service by noon on January 20, 2015.

United States Attorney Brendan V. Johnson announced that a Dupree, South Dakota, man convicted of two counts of Sexual Contact by Force and Threat was sentenced on December 22, 2014, by U.S. District Judge Roberto A. Lange.

James Pesicka, a/k/a Pard Pesicka, age 31, was sentenced to 13 years in custody, 5 years of supervised release, and a $200 special assessment to the Federal Crime Victims Fund.

The conviction stems from incidents between July 28, 2008, and February 17, 2012, when Pesicka sexually assaulted a young female victim.  Additionally, between March 6, 2012, and May 28, 2013, Pesicka also engaged in sexual contact by fear with another young female victim. 

This case was investigated by the Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Mikal Hanson prosecuted the case. Pesicka was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that a Brookings, South Dakota, woman convicted of Theft of Government Funds was sentenced on December 29, 2014, by U.S. District Judge Karen E. Schreier.

Pennie Sue Malenke, age 41, was sentenced to 6 months in custody followed by 3 years of supervised release, including 6 months of home confinement.  She was also ordered to make restitution as follows:  $32,682.80 to Advance, a non-profit organization, and $4,291.12 to another victim.

Malenke was indicted for Theft of Government Funds, Making a False Statement, and Bank Fraud by a federal grand jury on December 3, 2013.  She pled guilty to the Theft charge on October 7, 2014.

Malenke was employed as a case manager and support coordinator by Advance, a non-profit organization located in Brookings that provides services and support to individuals with developmental disabilities.  As part of her job responsibilities, Malenke had access to the bank accounts of certain individuals who received program benefit payments administered by the Social Security Administration.  Malenke took funds from these accounts by writing checks to cash, withdrawing cash from ATMs, and making direct purchases from stores.  She stole approximately $32,682.80 in this manner and used the funds for her own purposes.

This case was investigated by the Social Security Administration – Office of Inspector General.  Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.

Malenke was ordered to report to the U.S. Marshals Service by noon on January 21, 2015.

United States Attorney Brendan V. Johnson announced that a Porcupine, South Dakota, man convicted of Voluntary Manslaughter was sentenced on December 17, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Lawrence Red Shirt, age 28, was sentenced to 72 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

The conviction stems from Red Shirt using a sharp object to stab his father at least four times in the upper left arm and shoulder area at Rockyford, South Dakota, on November 8, 2013.  The stab wounds inflicted on the victim were fatal.

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 Kathryn N. Rich prosecuted the case.

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

United States Attorney Brendan V. Johnson announced that Susan Schrader, age 53, of Pine Ridge, South Dakota, was found guilty of Conspiracy to Distribute and Possession with Intent to Distribute a Controlled Substance  following a federal jury trial in Rapid City, South Dakota.  The jury returned their verdict on December 18, 2014. 

The charge carries a maximum penalty of up to 20 years in custody and/or a $1,000,000 fine, at least 3 years up to life of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
 
For close to 15 years, Schrader made her living as a leading tribal advocate working in the Oglala Sioux Tribe court system. Schrader was charged with conspiracy and possession with intent to distribute cocaine, primarily on the Pine Ridge Reservation, beginning as early as 2005 and continuing up to May 20, 2014, the date of her Indictment.  In addition to evidence showing she was a virtual clearinghouse for the distribution of cocaine in Pine Ridge Village, there was testimony from several witnesses that Schrader would on occasion accept cocaine as payment for her advocacy services.

This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, the Federal Bureau of Investigation, the Bureau of Indian Affairs Office of Justice Services, the South Dakota Division of Criminal Investigation, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Ted L. McBride prosecuted the case.

A presentence investigation was ordered and a sentencing date was set for March 20, 2015.  The defendant was remanded to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that a Fontana, California, man convicted of Possession of an Unregistered Firearm was sentenced on December 16, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Gregorio Aguirre, age 26, was sentenced to 24 months in custody, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Aguirre pled guilty to the charge on August 22, 2014.  The charge related to Aguirre knowingly being in possession of an unregistered, sawed-off Remington .22 caliber rifle when he was pulled over by the South Dakota Highway Patrol on April 12, 2014.

This case was investigated by the Unified Narcotics Enforcement Team, the South Dakota Highway Patrol, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Assistant U.S. Attorney Eric Kelderman prosecuted the case.

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

United States Attorney Brendan V. Johnson announced that a Fontana, California, man convicted of Possession of an Unregistered Firearm was sentenced on December 16, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Gregorio Aguirre, age 26, was sentenced to 24 months in custody, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Aguirre pled guilty to the charge on August 22, 2014.  The charge related to Aguirre knowingly being in possession of an unregistered, sawed-off Remington .22 caliber rifle when he was pulled over by the South Dakota Highway Patrol on April 12, 2014.

This case was investigated by the Unified Narcotics Enforcement Team, the South Dakota Highway Patrol, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Assistant U.S. Attorney Eric Kelderman prosecuted the case.

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

United States Attorney Brendan V. Johnson announced that Luis Olivares, age 42, of Rapid City, South Dakota, was found guilty of Conspiracy to Distribute Methamphetamine, Possession of Firearms During a Drug Trafficking Crime, Felon and Fugitive in Possession of Firearms, Possession of Methamphetamine with the Intent to Distribute, and Distribution of Methamphetamine.  The federal jury returned the guilty verdict on December 10, 2014, at the conclusion of an eight-day jury trial in Rapid City.

The charges carry a 20-year minimum mandatory and up to life in custody and/or a $20,000,000 fine, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.  There is a pending motion, filed by the United States, that may result in mandatory life imprisonment.

The conviction stems from Olivares recruiting others to illegally distribute and possess with the intent to distribute 500 grams or more of methamphetamine in South Dakota and elsewhere dating back to 2008.  Olivares distributed this substance with his co-conspirators in Rapid City and western South Dakota.  Previous felony convictions prohibit Olivares from possessing firearms.  However, on more than one occasion, Olivares was in possession of firearms while dealing drugs.

A turning point in the case came when Olivares crashed his vehicle while attempting to elude law enforcement though a high-speed chase. Once he crashed and was apprehended, several packages of methamphetamine were found inside the vehicle.  

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

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

United States Attorney Brendan V. Johnson announced that a Parmelee, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on December 15, 2014, by U.S. District Judge Roberto A. Lange.

Franklin Running Horse, age 48, was sentenced to 27 months in custody, 2 years of supervised release, and $100 special assessment to the Federal Crime Victims Fund.

Running Horse was indicted by a federal grand jury on July 15, 2014.  He pled guilty on September 24, 2014.

The conviction stems from an incident which happened on April 10, 2014, when Running Horse, who had been drinking with his wife, got into an argument with her.  Running Horse pushed the victim down and kicked her with shod feet in her face and posterior.

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

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

United States Attorney Brendan V. Johnson announced that a Nisland, South Dakota, woman convicted of Access Device Fraud was sentenced on December 8, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Glenda Suhr, a/k/a Glennda Suhr, a/k/a Glenda Currier, age 59, was sentenced to 18 months in custody, 3 years of supervised release, $54,407 in restitution, and a $100 special assessment to the Federal Crime Victims Fund.

The conviction relates to Suhr fraudulently using the name and social security number of another person to open bank accounts and receive debit and cash cards from two banks, social security benefits, housing assistance, and food stamps, during the timeframe of the late 1980’s through 2013.

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

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

United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on December 15, 2014, by U.S. District Judge Roberto A. Lange.

Jesse James Beauvais, age 43, was sentenced to 2 months in custody, 2 years of supervised release, a $1,000 fine, and a $100 special assessment to the Federal Crime Victims Fund.

Beauvais was indicted by a federal grand jury on June 10, 2014.  He pled guilty on September 22, 2014.
 
The conviction stems from an incident that occurred between January 5, 2013, and January 11, 2013, when two search warrants were obtained for Beauvais’ residence.  Over a kilo of marijuana, $8,447.00 in cash, four firearms, two bullet proof vests, and other drug-related items were seized from the residence. 

This case was investigated by the Northern Plains Save Trails Drug Enforcement Task Force.  Assistant U.S. Attorney Jay Miller prosecuted the case.

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

United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Second Degree Murder, Assault Resulting in Serious Bodily Injury, and Child Abuse.

Tyler Erickson, Sr., a/k/a TJ Erickson, age 31, was indicted on December 9, 2014.  He appeared before U.S. Magistrate Judge Mark A. Moreno on December 15, 2014, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to life in prison and/or a $250,000 fine, 5 years of supervised release, and $500 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on August 11, 2013, Erickson unlawfully and with malice murdered and assaulted a human being who had not attained the age of 18 years old. The Indictment also alleges that between August 1, 2013, and August 10, 2013, Erickson abused, exposed, tortured, and cruelly punished two children who had not attained the age of 7 years old.

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

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

Erickson 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 Mission, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse, Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and Child Abuse.

Frederick Leo Marshall, age 56, was indicted on December 9, 2014.  He appeared before U.S. Magistrate Judge Mark A. Moreno on December 15, 2014, and pled not guilty to the Indictment.  

The maximum penalty upon conviction is up to life in prison and/or a $250,000 fine, not less than 5 years of supervised release, and $700 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about October 30, 2014, Marshall knowingly engaged and attempted to engage in a sexual act with a female victim. He also allegedly assaulted the same victim with a sword, which resulted in serious bodily injury.  On the same date, Marshall allegedly abused, exposed, tortured, tormented, and cruelly punished four minor victims.

The charges are merely accusations and Marshall 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 Services.  Assistant U.S. Attorney Tim Maher is prosecuting the case.   

Marshall 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 an Eagle Butte, South Dakota, man has been indicted by a federal grand jury forAssault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and Assault Resulting in Substantial Bodily Injury to an Intimate Partner.

Julius Titus III, age 35, was indicted on December 9, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 11, 2014, and pled not guilty to the Indictment.

The maximum penalty upon conviction is 10 years of 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 June 26, 2014, at Eagle Butte, Titus unlawfully assaulted two victims. He is alleged to have assaulted the first victim with shod feet, a door, and a frying pan, causing serious bodily injury to that victim. On the same day, Titus assaulted the second victim, an intimate partner, and the assault resulted in substantial bodily injury to that victim as well.

The charges are merely accusations and Titus 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.   

Titus 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 Denver, Colorado, man has been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance.

Brandon Jeraye Trejo, age 22, was indicted on December 9, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 10, 2014, and pled not guilty to the Indictment.

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

The Indictment alleges that on or about November 14, 2014, Trejo knowingly and intentionally distributed, and possessed with intent to distribute, a detectable amount of methamphetamine, a Schedule II controlled substance.

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

The investigation is being conducted by the South Dakota Highway Patrol and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Jay Miller is prosecuting the case.   

Trejo remains in custody pending release on bond. A trial date has not been set.

United States Attorney Brendan V. Johnson announced that a Cherry Creek, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on December 15, 2014, by U.S. District Judge Roberto A. Lange.

Kelly Romero, age 27, was sentenced to 14 months in custody, 18 months of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Romero was indicted by a federal grand jury on July 17, 2013.  He pled guilty on September 22, 2014. 

The conviction stems from an incident on May 16, 2013, when the victim returned to his home in Cherry Creek, after a day of shopping for items for his grandmother’s “Memorial Give Away.”  At that point, Romero, who had been drinking, got into an argument with the victim, who is Romero’s brother.  During the argument, Romero picked up and pointed a sawed-off shotgun at his brother, telling the victim to get out of the house or Romero would shoot him. 

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.

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

United States Attorney Brendan V. Johnson announced that a Tea, South Dakota, woman convicted of Conspiracy To Distribute Marijuana and Conspiracy To Commit Money Laundering was sentenced on December 8, 2014, by U.S. District Judge Karen E. Schreier.

Faith Ashely Rasmussen, age 21, was sentenced to 80 months in prison on each count, to run concurrently.  Upon release she will be under supervised release for a period of 4 years on the drug charge and 1 year on the money laundering charge, also to run concurrently.

Ramussen was indicted with three others for Conspiracy to Distribute Marijuana and Conspiracy to Commit Money Laundering by a federal grand jury on March 5, 2014.  She pled guilty to both offenses on September 2, 2014.

During her involvement in the distribution conspiracy, which ran from approximately January 2012 to December 2013, Rasmussen received marijuana through the mail in South Dakota from her source of supply in California.  When the amounts of marijuana became too large to mail, Rasmussen had co-conspirators drive to California and back to South Dakota with large quantities of marijuana. 

Rasmussen and others also formed a scheme to launder money.  Rasmussen deposited the proceeds of marijuana sales into her bank account in South Dakota.  She also deposited sales proceeds into the account of her source of supply, and instructed a co-conspirator to deposit marijuana proceeds into her account.  The Defendant never deposited more than $10,000 in cash per occasion to intentionally avoid bank reporting requirements. 

This case was investigated by the Sioux Falls Police Department, the Drug Enforcement Administration, and the Internal Revenue Service – Criminal Investigations.  Assistant U.S. Attorney John E. Haak prosecuted the case.

United States Attorney Brendan V. Johnson announced that a Porcupine, South Dakota, man convicted of Escape was sentenced on December 4, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Jesse Miller, age 27, was sentenced to time served and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

A criminal complaint charging the Escape was filed against Miller on July 23, 2014.  He pled guilty to the Escape charge on August 21, 2014.

The conviction related to Miller being in Porcupine without permission on July 18, 2014, as he was assigned to home confinement in Rapid City.

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

United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man was acquitted by a federal jury in Pierre on December 9, 2014, on two counts of Assault with a Dangerous Weapon and one count of Assault Resulting in Serious Bodily Injury.

Justin Walking Elk was indicted by a federal grand jury on April 15, 2014.

The charges stemmed from events which were alleged to have occurred in October 2013.

The investigation was conducted by the Bureau of Indian Affairs, Standing Rock Agency.  The U.S. Attorney's Office prosecuted the case.

United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man convicted of Assault by Striking, Beating, and Wounding was sentenced on December 8, 2014, by U.S. Magistrate Judge Mark A. Moreno.

Diego Ramon Lara, age 22, was sentenced to 1 year in custody, 1 year of supervised release, and a $25 special assessment to the Federal Crime Victims Fund.

Lara was indicted for Assault with a Dangerous Weapon on August 19, 2014.  He pled guilty to Assault by Striking, Beating, and Wounding on November 13, 2014.

The conviction arose from an incident on May 24, 2014, when Lara got into a verbal argument with attendees at a graduation party in Cherry Creek. Lara left the party, but returned to the area later that evening in his pickup.  He stopped at an intersection in front of the party attendees, and after exchanging words and gestures with the victim, he put his pickup in gear, hit the accelerator and struck the victim, injuring his leg and ankle.

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

Lara 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 Sioux Falls, South Dakota, man convicted of Conspiracy to Distribute Marijuana was sentenced on December 8, 2014 by U.S. District Judge Karen E. Schreier.  

Wesley Robert Kleinsasser, age 30, was sentenced to 27 months in prison, to be followed by 2 years of supervised release.

Kleinsasser was indicted with three others for Conspiracy to Distribute Marijuana by a federal grand jury on March 5, 2014.  He pled guilty to the offense on September 9, 2014.

During his involvement in the conspiracy, Kleinsasser traveled on several occasions from Sioux Falls to California to purchase marijuana.  The marijuana was distributed to co-conspirators and others in South Dakota. 

 This case was investigated by the Sioux Falls Police Department, the Drug Enforcement Administration, and the Internal Revenue Service – Criminal Investigations.  Assistant U.S. Attorney John E. Haak prosecuted the case.

United States Attorney Brendan V. Johnson announced that the U.S. Attorney’s Office in South Dakota collected over $3.6 million in Fiscal Year (FY) 2014 from civil and criminal actions.  Of this amount, over $2.3 million was collected in criminal actions and over $729,000 was collected in civil actions.

Additionally, the District of South Dakota worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $625,000 in civil actions that were pursued jointly.

“Our collection figures represent an important component of the work done in the U.S. Attorney’s Office,” said Johnson.  “In addition to protecting the public through prosecutions, we also collect money to help the victims of these crimes and recoup losses to the American taxpayer.”

Nationally, Attorney General Eric Holder announced that the Justice Department collected $24.7 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2014.  The more than $24 billion in collections in FY 2014 represents nearly eight and a half times the appropriated $2.91 billion budget for the 94 U.S. Attorneys’ offices and the main litigating divisions of the Justice Department combined in that same period.

The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims.  The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss.  While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.

The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights, or environmental laws.  In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration, and Department of Education.

United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, woman has been indicted by a federal grand jury for Concealing Person From Arrest.

Samantha Spotted War Bonnet, age 24, was indicted on November 13, 2014. She appeared before U.S. Magistrate Judge Mark A. Moreno on December 4, 2014, 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 between June 12, 2014, and June 13, 2014, Spotted War Bonnet harbored and concealed a person who had an active warrant for arrest.

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

The investigation is being conducted by the U.S. Marshals Service and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Timothy M. Maher is prosecuting the case.   

Spotted War Bonnet was released on bond pending trial. A trial date has not been set.