District of South Dakota

United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on December 1, 2014, by U.S. District Judge Roberto A. Lange.

Patrick Black Spotted Horse, age 25, was sentenced to 15 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Black Spotted Horse was indicted for Failure to Register as a Sex Offender by a federal grand jury on August 19, 2014. He pled guilty to the Indictment on September 22, 2014.

Black Spotted Horse had a prior sexual assault conviction in federal court in South Dakota and knew that under the Sex Offender Registration and Notification Act, he needed to properly register and update his registration. On July 12, 2014, Black Spotted Horse absconded from his residence in Rapid City and failed to return. He was apprehended on the Rosebud Sioux Indian Reservation on July 31, 2014, and arrested on outstanding tribal warrants. From the time he absconded from his Rapid City residence until he was apprehended on the Rosebud Reservation, Black Spotted Horse knowingly failed to register and update his registration.

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

Black Spotted Horse 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 Rapid City, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Burglary.

Leroy Wayne Brown Bull Sr., age 24, was indicted on February 19, 2014.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on December 1, 2014, and pled not guilty to the Indictment.  

The maximum penalty upon conviction is 25 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 in November of 2013, Brown Bull and another person broke into a home near Kyle and assaulted a man.

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

The investigation was conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.   Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.  
Brown Bull 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 Canton, South Dakota, man has been indicted by a federal grand jury for Interstate Transportation of Stolen Property, Wire Fraud, and Money Laundering.

Kenneth Hunsucker, age 49, was indicted on December 2, 2014.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on December 4, 2014, 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.  Restitution may also be ordered.

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

The investigation is being conducted by the Internal Revenue Service Criminal Investigation, and the Federal Bureau of Investigation.  Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.    Hunsucker was released on bond pending trial.  A trial date has not been set.

United States Attorney Brendan V. Johnson announced that two McLaughlin, South Dakota, men have been indicted by a federal grand jury for Assault with a Dangerous Weapon.

Ronald Brown Otter, age 24, and Kenton Walks, age 20, were indicted on November 13, 2014.  They both appeared before U.S. Magistrate Judge Mark A. Moreno on November 25, 2014, and both 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 December 1, 2012, Brown Otter and Walks unlawfully assaulted an adult male victim with a wooden board and a knife, with intent to do bodily harm to the victim, and they aided and abetted one another in the commission of said offense.

The charge is merely an accusation and Brown Otter and Walks are presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Federal Bureau of Investigation.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case.   

Brown Otter and Walks were released on bond pending trial.  A trial date has not been set.

United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for one count of Aggravated Sexual Abuse by Force and one count of Sexual Abuse of a Person Incapable of Consenting.

Ronnie Keith Circle Bear, age 51, was indicted on November 13, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 26, 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, at least 5 years up to life of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that on June 23, 2014, at Eagle Butte, Circle Bear caused the victim to engage in a sexual act by the use of force. On that same date, Circle Bear is alleged to have engaged in a sexual act with a person that was incapable of declining, when Circle Bear knew the victim was so incapacitated.

The charges are merely accusations and Bear Eagle 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.   

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

United States Attorney Brendan V. Johnson announced that a Fort Yates, North Dakota, man has been indicted by a federal grand jury for Robbery, Assault with a Dangerous Weapon, Assault of an Intimate Partner by Strangulation, and Assault Resulting in Substantial Bodily Injury to an Intimate Partner.

Alton Wood, age 33, was indicted on November 13, 2014.  He appeared before U.S. Magistrate Judge Mark A. Moreno on November 24, 2014, and pled not guilty to the Indictment.  

The maximum penalty upon conviction is up to 15 years in custody and/or a $250,000 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 August 14, 2014, Wood took an undetermined amount of money from his intimate partner, assaulted her with a screwdriver which resulted in substantial bodily injury, and strangled and suffocated her.

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

The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case.   

Wood 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 McLaughlin, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse by Force.

Marc Dog Eagle, age 49, was indicted on November 13, 2014.  He appeared before U.S. Magistrate Judge Mark A. Moreno on November 24, 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, up to life of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about October 23, 2014, Dog Eagle knowingly engaged in, and attempted to engage in, a sexual act by the use of force with a female victim.

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

The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case.   

Dog 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 Waubay, South Dakota, man convicted of Second Degree Murder and Assault Resulting in Serious Bodily Injury was sentenced on November 25, 2014, by U.S. District Judge Lawrence L. Piersol.

Mario Contreras, age 36, was sentenced to 360 months on each count to run concurrently.  He was also ordered to be on federal supervised release for a period of 5 years after his release.

Contreras was indicted on the charges by a federal grand jury on August 14, 2012.  A jury trial was held on August 1, 2013, and Contreras was convicted of Second Degree Murder and Assault Resulting in Serious Bodily Injury.

The victim was born on December 31, 2009, and was murdered by her father on January 9, 2012, just days after she turned 2 years old.  The victim’s mother and father were never married and were no longer close. The defendant was not very involved in the victims’ first year and a half of her life.  On January 4, 2012, the victim’s mother asked Contreras if he could watch their daughter for a few days.  Contreras had custody of the victim from January 4th through January 9th, the date of death.

Contreras told investigators that on January 9th his daughter was having a cup of water and a banana and he left the room. He said that is when she fell off the chair and sustained the injuries that cased her death.

The Assistant Medical Examiner of Ramsey County, Minnesota, who performed the autopsy, discovered 18 round bluish-colored contusions on four sides of the victim’s head, indicative of blunt force trauma.  He concluded that the multiple contusions and resulting subdural hematoma could not have been caused by a single fall from a chair and that the cause of death was a homicide.  Another government expert on child abuse also concluded that the injuries were inconsistent with falling from a chair or table.  An additional expert for the government determined that there were small hemorrhages to the retinas and concluded that the child was beaten.  Two government experts testified that the chances of such a short fall causing death were “one in a million.”

This case was investigated by the Federal Bureau of Investigation, the Sisseton-Wahpeton Tribal Law Enforcement Services, and the Bureau of Indian Affairs.  The case was prosecuted by Assistant U.S. Attorneys Thomas J. Wright and Jay P. Miller. 

The defendant was remanded to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that an Oglala, South Dakota, woman convicted of Involuntary Manslaughter was sentenced on November 25, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Valerie Good Voice Flute, age 37, was sentenced to 30 months in custody, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Good Voice Flute was indicted for Involuntary Manslaughter by a federal grand jury on August 27, 2013.  She pled guilty to the charge on July 10, 2014.

The conviction stems from Good Voice Flute operating and crashing a motor vehicle while under the influence on May 19, 2013, near Loneman.  The crash resulted in the death of Gillard Good Voice Flute.

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

Good Voice Flute was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that two Mission, South Dakota, men have been indicted by a federal grand jury for two counts of Third Degree Burglary and two counts of Larceny.

Preston White Feather and Nicola Black Lance, both 18 years old, were indicted on November 13, 2014. They appeared before U.S. Magistrate Judge Mark A. Moreno on November 20, 2014, and pled not guilty to the Indictment.

The maximum penalty upon conviction is 10 years in custody and/or a $2,000,000 fine, at least 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

White Feather and Black Lance are alleged to have entered or remained in a Todd County government building on August 20, 2014, to steal property with a value of more than $1,000.  They are also alleged to have committed a second burglary and larceny on August 24, 2014, by entering or remaining in the same Todd County government building and stealing more property with a value of more than $1,000.

The charges are merely accusations and White Feather and Black Lance are 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.   

White Feather and Black Lance were 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 two Mission, South Dakota, men have been indicted by a federal grand jury for two counts of Third Degree Burglary and two counts of Larceny.

Preston White Feather and Nicola Black Lance, both 18 years old, were indicted on November 13, 2014. They appeared before U.S. Magistrate Judge Mark A. Moreno on November 20, 2014, and pled not guilty to the Indictment.

The maximum penalty upon conviction is 10 years in custody and/or a $2,000,000 fine, at least 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

White Feather and Black Lance are alleged to have entered or remained in a Todd County government building on August 20, 2014, to steal property with a value of more than $1,000.  They are also alleged to have committed a second burglary and larceny on August 24, 2014, by entering or remaining in the same Todd County government building and stealing more property with a value of more than $1,000.

The charges are merely accusations and White Feather and Black Lance are 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.   

White Feather and Black Lance were 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 Rosebud, South Dakota, man convicted of Abusive Sexual Contact was sentenced on November 18, 2014, by U.S. District Judge Roberto A. Lange.

Francis Kills In Sight, age 20, was sentenced to 37 months in custody, 8 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Kills In Sight was indicted by a federal grand jury on October 16, 2012, for Aggravated Sexual Abuse.  He pled guilty to Abusive Sexual Contact on March 31, 2014.

The conviction stems from an incident that occurred in Rosebud on September 13, 2012, when Kills In Sight engaged in sexual contact with a child who had not reached the age of 12 years old.

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

Kills In Sight was remanded to the custody of the U.S. Marshals Service to begin serving his sentence.

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

Sydney Gilbert Garreau, age 36, was indicted on November 13, 2014.  He appeared before U.S. Magistrate Judge Mark A. Moreno on November 21, 2014, and pled not guilty to the Indictment.  

The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and up to $300 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about September 20, 2014, Garreau assaulted his intimate and dating partner with a dangerous weapon, which resulted in substantial bodily injury.  He also knowingly intimidated, threatened, and corruptly persuaded his partner by threatening her with bodily injury or death if she reported the assault to law enforcement officials.

The charges are merely accusations and Garreau 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 Meghan N. Dilges is prosecuting the case.   

Garreau 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 civil settlements have been reached with five individuals from Rapid City, South Dakota, who submitted false claims to the United States Forest Service (USFS).  The scheme involved employing and harboring illegal aliens from 2007 to 2012, a violation of the contracts awarded to remove timber in the Black Hills of South Dakota.

The False Claims Act (FCA) imposes liability on persons and companies who knowingly submit false claims to the government or causes another to submit a false claim to the government, or knowingly makes a false record or statement to get a benefit paid by the government.  Persons who submit a false claim must pay to the United States a civil penalty of not less than $5,500 and not more than $11,000 for each false claim, plus three times the amount of damages which the government sustained.

Angel Munoz-Escalante and Barbara Munoz, d/b/a Munoz Logging and Construction Company; Rogelio Escalante Sr., d/b/a Escalante Logging and Services; Rogelio Escalante Jr., d/b/a Escalante Logging and Thinning Company; and Raul Munoz, d/b/a R Munoz Thinning, were awarded numerous USFS service contracts to thin unhealthy stands of timber in the Black Hills National Forest for the general purpose of protecting the national forest resources. The USFS service contracts stated, in part, that the Immigration and Nationality Act (INA), 8 U.S.C. § 1324a, makes it “unlawful for an employer to hire unauthorized aliens,” instructs contractors to have employees verify eligibility for employment, examine and retain documents used for verifying eligibility, and makes compliance with INA a material condition of the USFS contracts.  These individuals submitted contract invoices for payment with certifications which contained material false statements that the work was done in accordance with contract terms.  The work was not performed in accordance with contract terms, because they knowingly employed undocumented aliens and submitted false statements. 

As a result of criminal investigations conducted by the U.S. Immigration and Customs Enforcement's Homeland Security Investigations, in cooperation with the U.S. Forest Service, Rapid City Police Department, Pennington County Sheriff’s Office, South Dakota Division of Criminal Investigation, Custer County’s Sheriff’s Office, U.S. Department of Labor, and other federal and state law enforcement agencies, and the subsequent criminal convictions for the same conduct, the United States was able to reach civil settlements with these individuals for these contract violations under the FCA.

For submitting false claims to the USFS, these individuals have given the United States consent judgments and agreed to make payments over a period of years as follows: 

• Rogelio Escalante Sr., a total of $50,000 on or before August 1, 2015
• Angel and Barbara Munoz, a total of $375,000 by November 3, 2017
• Rogelio Escalante Jr., a total of $15,000 by September 2, 2019
• Raul Munoz, a total of $15,000 by September 2, 2019

A civil FCA complaint has been filed against two additional individuals who were also convicted, and have been sentenced for their roles in the conspiracy to harbor aliens and for false claims in connection with the USFS contracts.  

The U.S. Attorney’s Office places a high priority on criminal and civil enforcement in cases involving all types of fraud committed against the government.  Assistant U.S. Attorneys Eric Kelderman and Sarah Collins, and Assistant U.S. Attorney Cheryl Schrempp DuPris prosecuted the criminal and civil cases respectively.

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

David Eagle Bear, age 31, was indicted on November 13, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 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, at least 5 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

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

The charge is merely an accusation and Bear Eagle 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.   

Eagle Bear was remanded to the custody of the U.S. Marshals Service pending trial. No trial date has been set.

United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of Assaulting, Resisting, Opposing, and Impeding a Federal Officer was sentenced on November 17, 2014, by U.S. District Judge Roberto A. Lange.

Logan Lafferty, age 28, was sentenced to time served, 18 months of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Lafferty was indicted by a federal grand jury on April 22, 2014, and pled guilty to the charge on August 28, 2014.

The conviction arose from a March 8, 2014, incident when a Rosebud Sioux Tribe Law Enforcement Services (RSTLES) Officer attempted to stop Lafferty’s vehicle for speeding.  Lafferty refused to stop, resulting in a long pursuit that included speeds of over 110 miles per hour and involved several RSTLES Officers.  When one of the officers attempted to pull alongside Lafferty to stop his vehicle, Lafferty swerved into the officer’s path and obstructed the officer from passing him safely.  Lafferty used his vehicle as a dangerous weapon to assault, resist, oppose, and impede the officer.

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

United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of Assaulting, Resisting, Opposing, and Impeding a Federal Officer was sentenced on November 17, 2014, by U.S. District Judge Roberto A. Lange.

Logan Lafferty, age 28, was sentenced to time served, 18 months of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Lafferty was indicted by a federal grand jury on April 22, 2014, and pled guilty to the charge on August 28, 2014.

The conviction arose from a March 8, 2014, incident when a Rosebud Sioux Tribe Law Enforcement Services (RSTLES) Officer attempted to stop Lafferty’s vehicle for speeding.  Lafferty refused to stop, resulting in a long pursuit that included speeds of over 110 miles per hour and involved several RSTLES Officers.  When one of the officers attempted to pull alongside Lafferty to stop his vehicle, Lafferty swerved into the officer’s path and obstructed the officer from passing him safely.  Lafferty used his vehicle as a dangerous weapon to assault, resist, oppose, and impede the officer.

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

United States Attorney Brendan V. Johnson announced that Vernon Robert Schmidt, Jr., a/k/a Sonny Bob Schmidt, age 29, of Mission, South Dakota, appeared before U.S. District Judge Roberto A. Lange on November 17, 2014, and pled guilty to Assault Resulting in Serious Bodily Injury.

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

The charge stems from a May 26, 2014, incident in Mission, when Schmidt pointed a pistol at the victim during an argument.  Schmidt was brandishing the weapon when it discharged and went off.  A slug from the weapon hit the victim in the chest and neck area, causing the victim serious bodily injury.

The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services.  The case is being prosecuted by Assistant U.S. Attorney Tim Maher. 

A presentence investigation was ordered, and a sentencing date was set for February 2, 2015. 

Schmidt was remanded to the custody of the U.S. Marshals Service pending sentencing.

United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota, man convicted of Sexual Abuse of a Minor was sentenced on November 17, 2014, by U.S. District Judge Roberto A. Lange.

Daniel Berry, age 25, was sentenced to 22 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.  Berry also needs to register as a sex offender.

Berry was indicted by a federal grand jury on April 15, 2014.  He pled guilty on September 11, 2014.

The conviction stems from an incident that happened between January 1, 2012, and January 31, 2012, when Berry, who was having a party at his house, had sexual intercourse with an underage female victim.

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

Berry 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 has been indicted by a federal grand jury for Failure to Register as a Sex Offender.

Johnny Lunderman, age 31, was indicted on November 13, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 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, at least 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

Lunderman was previously convicted of a sex offense that required him to register as a sex offender, and he signed paperwork acknowledging that requirement. The Indictment alleges that between October 7, 2014, and October 17, 2014, Lunderman moved and failed to change and update his sex offender registration as required by law.

The charge is merely an accusation and Lunderman 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.   

Lunderman was remanded to the custody of the U.S. Marshals Service pending trial.  No trial date has been set.

United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for Assault by Strangulation and Suffocation, and Assault Resulting in Substantial Bodily Injury to an Intimate Partner.

Cameron LaRoche, age 37, was indicted on November 13, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 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 up to $200 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about August 21, 2014, LaRoche unlawfully assaulted his intimate partner by strangling and suffocating her, as well as committed a domestic assault on her, which resulted in substantial bodily injury.

The charges are merely accusations and LaRoche 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.   

LaRoche 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 and Assault Resulting in Serious Bodily Injury.

Arvin Red Bear, Sr., age 52, was indicted on November 13, 2014.  He appeared before U.S. Magistrate Judge Mark A. Moreno on November 20, 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 a $200 special assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about June 29, 2014, Red Bear unlawfully assaulted a male victim with a dangerous weapon, and said assault resulted in serious bodily injury.

The charges are merely accusations and Red Bear 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 Troy R. Morley is prosecuting the case.   

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

United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of Second Degree Murder was sentenced on November 17, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Michael Dean Dubray, age 32, was sentenced to 30 years and 5 months in custody, 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

The conviction stems from an incident that occurred at a home near Oglala, on May 30, 2013, when the woman Dubray was seeing at the time left her three children under his care and custody while she ran errands.  Dubray became irritated while watching the children, and threw the infant to the ground and struck him in the head multiple times, causing a skull fracture, brain hemorrhages, and laceration of the liver, all of which ultimately led to the child’s death.

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

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

United States Attorney Brendan V. Johnson announced that a 2011 wetlands determination made by the United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS) was affirmed by U.S. District Judge Karen E. Schreier on October 31, 2014.
         
In 1985, Congress enacted what are commonly referred to as “Swampbuster” provisions in order to combat the disappearance of wetlands through their conversions into crop lands.  The Swampbuster provisions do not make the conversion of wetlands illegal, but provide that agricultural production on a converted wetland would cause a farmer to forfeit eligibility for a number of federal farm-assistance programs. 

Under Swampbuster provisions, the NRCS, an agency within the USDA, is charged with determining and certifying wetlands.  In order for a site to be classified as a wetland, the NRCS must establish that three criteria have been met:  (1) that the land has a predominance of hydric soils; (2) the presence of wetland hydrology (defined as sufficient surface water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophyic vegetation); and (3) that under normal circumstances the land supports a prevalence of hydrophyic vegetation. 

In 2013, Arlen and Cindy Foster from Miner County, South Dakota, sued the USDA seeking to overturn a 2011 wetlands determination by the NRCS.  The wetland status had been appealed to the National Appeals Division, an agency independent from the USDA, which affirmed the NRCS determination in 2012.  The Fosters then filed a lawsuit in District Court challenging the basis for the NRCS's determination of the wetland status as being arbitrary, capricious, or otherwise not in accordance with the law. 

The NRCS determined that 0.8 acres of the Fosters’ property was a wetland. The Fosters challenged the NRCS’s use of aerial photography and a wetlands reference site, but the District Court concluded that the NRCS properly followed their established wetlands determination procedures and criteria. Ultimately, the Court held that the agency made a rational connection between the facts and the wetland determination made, and thus, the NRCS did not act arbitrarily or capriciously.   
         
The agency determination was defended by Assistant U.S. Attorney Cheryl Schrempp DuPris and the USDA, Office of the General Counsel.

United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, woman has been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury to a Child.

Makayla Kills In Water, age 20, was indicted on October 15, 2014. She appeared before U.S. Magistrate Judge William D. Gerdes on November 6, 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 $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about September 20, 2014, Kills In Water unlawfully assaulted a child who had not attained the age of 18 years old, and said assault resulted in serious bodily injury.

The charge is merely an accusation and Kills In Water is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Federal Bureau of Investigation.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case.   

Kills In Water was released on bond.  A trial date has been set for December 2, 2014.

United States Attorney Brendan V. Johnson announced that a Lantry, South Dakota, man convicted of Simple Assault of a Minor, was sentenced on November 12, 2014, by U.S. Magistrate Judge Mark A. Moreno.

Robert Smith, age 53, was sentenced to 3 months in custody, 1 year of supervised release, and a $25 special assessment to the Federal Crime Victims Fund.
         
Smith was indicted for Sexual Contact with a Minor by a federal grand jury on September 17, 2013. He pled guilty to Simple Assault of a Minor on September 2, 2014.
         
The conviction arose from an incident that occurred between May 30 and July 27, 2012, near Lantry, when the victim, a minor between the ages of 12 and 16 years old, was at Smith’s home. At the time, Smith engaged in intentional, offensive touching of the victim and committed a simple assault on the victim.
         
This case was investigated by the Federal Bureau of Investigation, the South Dakota Department of Social Services, and the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
         
Smith was ordered to report to the U.S. Marshals Service on January 2, 2015, to begin serving his sentence.

United States Attorney Brendan V. Johnson announced that a Fort Thompson, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting and Impeding a Federal Officer.

Tony O. St. John, a/k/a Anthony St. John, age 25, was indicted on October 15, 2014.  He appeared before U.S. Magistrate Judge Mark A. Moreno on November 10, 2014, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and up to $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.  
The Indictment alleges that on or about September 30, 2014, St. John forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with officers from the Bureau of Indian Affairs, Crow Creek Agency, when the officers were engaged in the performance of their official duties and employed as federal law enforcement officers with the Department of Interior.

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

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

St. John was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for January 6, 2015.

United States Attorney Brendan V. Johnson announced that a Milwaukee, Wisconsin, man convicted of Transportation for Prostitution was sentenced on November 3, 2014, by U.S. District Judge Karen E. Schreier.

Thomas Alexander Roberts, age 34, was sentenced to 63 months in custody, to be followed by five years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.  Roberts was also ordered to forfeit four cell phones, a laptop computer, and $1,100 in cash seized when he was arrested.
         
Roberts was indicted for Transportation for Prostitution, Inducing Travel to Engage in Prostitution, and Sex Trafficking by a federal grand jury on December 3, 2013.  He pled guilty on August 14, 2014, to the charge of Transportation for Prostitution.
         
In November of 2013, Roberts transported an adult female from Milwaukee, Wisconsin, to Sioux Falls, with the intention of having the female engage in prostitution.  After arriving in Sioux Falls, Roberts rented a hotel room and placed advertisements containing sexually suggestive photographs of females on Backpage.com.  As a result of those advertisements, the female engaged in commercial sex acts in the Sioux Falls area.  Roberts physically abused the woman, and had a criminal history of dealing drugs and abusing a child.
         
This case was investigated by the Sioux Falls Police Department and the Federal Bureau of Investigation.  Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
         
Roberts was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that a Wakpala, South Dakota, man convicted of Sexual Abuse of a Minor was sentenced on November 3, 2014, by U.S. District Judge Charles B. Kornmann.

Fabian Rodriguez, age 23, was sentenced to 30 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
         
Rodriguez was indicted by a federal grand jury on March 18, 2014.  He pled guilty on July 28, 2014. 
         
The conviction stems from an incident occurring between January 21, 2014, and February 21, 2014, when Rodriguez knowingly engaged in a sexual act with a female victim who was at least four years younger than Rodriguez and had not yet attained the age of 16 years.
         
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.          

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

United States Attorney Brendan V. Johnson announced that a Wakpala, South Dakota, man convicted of Sexual Abuse of a Minor was sentenced on November 3, 2014, by U.S. District Judge Charles B. Kornmann.

Fabian Rodriguez, age 23, was sentenced to 30 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
         
Rodriguez was indicted by a federal grand jury on March 18, 2014.  He pled guilty on July 28, 2014. 
         
The conviction stems from an incident occurring between January 21, 2014, and February 21, 2014, when Rodriguez knowingly engaged in a sexual act with a female victim who was at least four years younger than Rodriguez and had not yet attained the age of 16 years.
         
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.           Rodriguez was immediately turned over to the custody of the U.S. Marshals Service.                              

United States Attorney Brendan V. Johnson announced that a Wakpala, South Dakota, man convicted of being a Felon in Possession of a Firearm was sentenced on November 3, 2014, by U.S. District Judge Charles B. Kornmann.

Ronald Moran, age 37, was sentenced to 3 years of probation, 8 months of home confinement, 40 hours of community service, and a $100 special assessment to the Federal Crime Victims Fund.
         
Moran was indicted by a federal grand jury on May 13, 2014.  He pled guilty on August 4, 2014. 
         
The conviction stems from an incident on January 9, 2014, when a Corson County deputy advised Bureau of Indian Affair (BIA) officers that there was a vehicle pursuit in progress.  The pursuit began in Mobridge and was headed towards the Standing Rock Indian Reservation.  The vehicle, traveling at a speed of at least 90 mph, crossed over to the reservation and came to a stop in the driveway of a private residence in Wakpala.  Upon stopping the vehicle, law enforcement conducted a felony traffic stop, made contact with the driver, who identified himself as Ronald Moran, Sr., and informed the officers that the reason he fled was because he thought he had a warrant in Brown County for a bad check.  Moran further admitted to not stopping for a red light, running two stop signs, and stated he had exceeded 65 or 70 mph during his flight from law enforcement.  The officers noticed a shotgun and a rifle strapped to the headliner of the vehicle.  It was ultimately determined that the firearms belonged to Moran’s boss, but because Moran was a convicted felon, he was prohibited from having firearms in his possession.  Moran admitted he knew the firearms were in the vehicle and that he could not be around firearms due to his felony conviction.
         
This case was investigated by the BIA, Standing Rock Agency.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.

United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Wire Fraud and Money Laundering.

Randall William McKee, age 57, was indicted on November 4, 2014, for 14 counts of Wire Fraud and 9 counts of Money Laundering.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on November 6, 2014, and pled not guilty to the Indictment.

The wire fraud counts have a maximum penalty upon conviction of up to 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  The money laundering counts have a maximum penalty upon conviction of up to 20 years in custody and/or a $500,000 fine or twice the value of the property involved in the transactions (whichever is greater), 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered on all counts.

McKee served as trustee for a fund set up to provide for the needs of a disabled person. He is alleged to have written checks from that fund to a business he controlled, and then moved those funds to his own personal bank accounts.  McKee is also alleged to have defrauded investors in a real estate scheme by soliciting investment funds and then using those funds for his own purposes.  The activity occurred while McKee was a resident of Rapid City, South Dakota.

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

The investigation is being conducted by the Federal Bureau of Investigation.  Assistant U.S. Attorney Ann M. Hoffman is prosecuting the case.   

McKee was released on bond pending trial.  A trial date has been set for January 13, 2015.

United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Distribution of Child Pornography and Possession of Child Pornography.

Gary Asmus, age 41, was indicted on October 21, 2014.  He appeared before U.S. Magistrate Judge Veronica Duffy on November 5, 2014, and pleaded 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, lifetime supervised release, and a $100 assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment charges that between December 2013 and March 2014, at Rapid City, Asmus knowingly distributed and possessed computers files containing images of child pornography.

The charges are merely accusations and Asmus 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. Attorney Sarah B. Collins is prosecuting the case.  

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

United States Attorney Brendan V. Johnson announced that a Pierre, South Dakota, woman has been indicted by a federal grand jury for Theft of Government Funds, Misuse of Benefits by a Representative Payee, and False Statement.

Bobbie Jo Ziegler, a/k/a Bobbie Jo McGhee, age 41, was indicted by a federal grand jury on October 15, 2014.  She appeared before U.S. Magistrate Judge Mark A. Moreno on October 28, 2014, 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 a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.

The charges stem from an allegation that between November 2012 and March 2013, in Hughes County, Ziegler embezzled, stole, purloined or knowingly converted to her own use Title II funds from the Social Security Administration to which she was not entitled.  Ziegler is also alleged to have made materially false, fictitious, and fraudulent statements and representations in an application to become a benefit payee for the victim.

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

The investigation is being conducted by the Office of the Inspector General for the Social Security Administration.  Assistant U.S. Attorney Jay Miller is prosecuting the case.   

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

United States Attorney Brendan V. Johnson announced that an Oglala, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse.

Darrell Chase In Winter, Jr., age 22, was indicted on June 17, 2014.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on November 5, 2014, and pled not guilty to the Indictment.

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

The charge stems from Chase In Winter knowingly engaging in a sexual act with a young female in May 2014 at Oglala.

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

The investigation is being conducted by the Federal Bureau of Investigation and the Oglala Sioux Tribe Department of Public Safety.  Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.

Chase In Winter was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has been set for January 13, 2015.

United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of Criminal Contempt was sentenced on October 28, 2014, by U.S. District Judge Roberto A. Lange.

Michael Swalley, age 22, was sentenced to 5 days in custody with credit for time served, and a $10 special assessment to the Federal Crime Victims Fund.
         
Swalley was indicted for Criminal Contempt by a federal grand jury on July 15, 2014.  He pled guilty to the Indictment on July 22, 2014.

The conviction stems from an incident on July 15, 2014, when Swalley failed to comply with a command and subpoena issued by the United States District Court requiring him to appear at a court hearing.
         
T his case was investigated by the U.S. Marshals Service.  Assistant U.S. Attorney Tim Maher prosecuted the case.
         
Swalley was released from custody.

United States Attorney Brendan V. Johnson announced that Scott Thompson, age 49, of Hermosa, South Dakota, was found guilty of two counts of False Claims, two counts of False Document Submitted to a Department or Agency of the United States, two counts of Fraud by Wire, and one count of Receiving Stolen Government Money as a result of a federal jury trial in Rapid City, South Dakota.  The verdict was returned on October 30, 2014.     

The charge of Fraud by Wire carries a maximum penalty of 20 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.  Each charge of False Claims, False Document Submitted to a Department or Agency of the United States, and Receiving Stolen Government Money carry a maximum penalty of 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. 

The conviction stems from Thompson falsifying information on multiple grant applications between June 2009 and January 2010, in order to obtain $100,000 in award money from the National Science Foundation.
         
This case was investigated by the National Science Foundation Office of Inspector General.  Assistant U.S. Attorneys Sarah Collins and Eric Kelderman prosecuted the case.
         
A presentence investigation was ordered and a sentencing date was set for February 2, 2015.    

United States Attorney Brendan V. Johnson announced that a Fort Thompson, South Dakota, man convicted of Domestic Assault by a Habitual Offender was sentenced on November 3, 2014, by U.S. District Judge Roberto A. Lange.

Gary Walking Bull, age 37, was sentenced to 30 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
         
Walking Bull was indicted by a federal grand jury on April 22, 2014.  He pled guilty on July 14, 2014.
         
The conviction stems from an incident on March 21, 2014, when Walking Bull and the victim were at Walking Bull’s grandmother’s house in Fort Thompson.  While inside the house, Walking Bull assaulted the victim by punching her in the face and body.  She was treated at the Chamberlain hospital, where it was determined she had an orbital fracture and three fractures to her nose that would require surgery to repair.  At the time of this assault, Walking Bull had two prior convictions for Domestic Abuse in Crow Creek Sioux Tribal Court.
         
This case was investigated by Bureau of Indian Affairs, Crow Creek Agency.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

Walking Bull 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 Aggravated Sexual Abuse of a Child was sentenced on November 3, 2014, by U.S. District Judge Roberto A. Lange.

Frank Duane Baker, Jr., age 42, was sentenced to 132 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
         
Baker was indicted for several counts of Aggravated Sexual Abuse by a federal grand jury on May 13, 2014.  He pled guilty on July 14, 2014, to one count of Aggravated Sexual Abuse of a Child. 
         
The conviction stems from incidents between June 1, 1995, and August 31, 1996, when Baker, who was providing babysitting services, sexually assaulted a female child who was under the age of 12 years old.
         
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.
         
Baker was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.

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

Randall Little Shield, age 22, was indicted by a federal grand jury on October 15, 2014.  He appeared before U.S. Magistrate Judge Mark A. Moreno on October 28, 2014, and pled not guilty to the Indictment.

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

The charge stems from an allegation that on two separate occasions, one in June 2014, and one between August 31 and September 1, 2014, Little Shield engaged in a sexual act with a minor who was between the ages of 12 and 16.  Both incidents occurred in Eagle Butte.

The charges are merely an accusation and Little Shield 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.   

Little Shield 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 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.

Randall Bear Eagle, age 30, was indicted on October 15, 2014.  He appeared before U.S. Magistrate Judge Mark A. Moreno on November 4, 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 up to $200 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on July 5, 2014, Bear Eagle unlawfully assaulted a male victim with dangerous weapons, that is a tire iron, a knife, a frying pan, and a CD player, which resulted in serious bodily injury to the victim. 

The charges are merely accusations and Bear Eagle 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.   

Bear Eagle was remanded to the custody of the U.S. Marshals Service pending trial which has been set for December 16, 2014.                          

United States Attorney Brendan V. Johnson announced that a Bullhead, South Dakota, man convicted of Abusive Sexual Contact was sentenced on November 3, 2014, by U.S. District Judge Charles B. Kornmann.

Cody Long Chase, age 37, was sentenced to 36 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
         
Long Chase was indicted by a federal grand jury on May 13, 2014.  He pled guilty on July 28, 2014. 
         
The conviction stems from an incident on April 26, 2014, when Long Chase had sexual contact with a female victim when, at the time of the sexual contact, the victim was incapable of appraising the nature of the conduct and was physically incapable of declining participation in or communicating her unwillingness.
         
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.
         
Long Chase was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that a Bullhead, South Dakota, man convicted of Abusive Sexual Contact was sentenced on November 3, 2014, by U.S. District Judge Charles B. Kornmann.

Cody Long Chase, age 37, was sentenced to 36 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
         
Long Chase was indicted by a federal grand jury on May 13, 2014.  He pled guilty on July 28, 2014. 
         
The conviction stems from an incident on April 26, 2014, when Long Chase had sexual contact with a female victim who, at the time of the sexual contact, was incapable of appraising the nature of the conduct and was physically incapable of declining participation in or communicating her unwillingness.
         
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.
         
Long Chase was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that a Winner, South Dakota, woman convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on October 27, 2014, by U.S. District Judge Roberto A. Lange.

Alice Blacksmith, age 49, was sentenced to 18 months in custody; 3 years of supervised release; forfeiture of currency, a firearm, and ammunition; and a $100 special assessment to the Federal Crime Victims Fund.
         
Blacksmith was indicted for two counts of Distribution of a Controlled Substance and one count of Possession with Intent to Distribute a Controlled Substance by a federal grand jury on April 15, 2014. She pled guilty to one count of Possession with Intent to Distribute a Controlled Substance on July 31, 2014.
         
The conviction arose from an incident on March 20, 2014, at Winner when Blacksmith knowingly and intentionally possessed with intent to distribute methamphetamine, a Schedule II controlled substance.
         
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Jay Miller prosecuted the case.
         
Blacksmith was immediately turned over to the custody of the U.S. Marshals Service to begin serving her sentence.

United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota, man convicted of two counts of First Degree Murder was sentenced on October 27, 2014, by U.S. District Judge Roberto A. Lange.

BillyRay McCloskey, age 23, was sentenced to two terms of life imprisonment, and a $200 special assessment to the Federal Crime Victims Fund.
         
BillyRay McCloskey was indicted 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 by a federal grand jury on February 12, 2014.  He pled guilty to two counts of First Degree Murder on July 28, 2014.
         
Co-Defendant Riley McCloskey, who was convicted of two counts of Second Degree Murder, was also sentenced on October 27, 2014, by U.S. District Judge Roberto A. Lange.

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

Riley McCloskey was indicted 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 by a federal grand jury on February 12, 2014.  He pled guilty to two counts of Second Degree Murder on July 29, 2014.

Co-Defendant Crystal Red Hawk, age 37, also appeared before U.S. District Judge Roberto A. Lange on October 27, 2014, and pled guilty to two counts of Second Degree Murder.  The maximum penalty for each charge carries a maximum sentence of up to life in prison and/or a $250,000 fine, and a period of supervised release of up to 5 years.  Red Hawk’s sentencing is scheduled for January 20, 2015, at 1:00 pm. 
         
In the late evening hours of December 23, 2013, Defendant BillyRay McCloskey and Calvin Kills In Water physically fought each other at a home in St. Francis.  The Defendant knocked Kills In Water to the kitchen floor and kicked him repeatedly in the head, face, and body until Kills In Water lost consciousness.  A co-Defendant, Crystal Red Hawk, was present during the assault on Kills In Water.  An additional co-Defendant, 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 Defendant, along with co-Defendant’s Crystal Red Hawk and Riley McCloskey, 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. 
         
The Defendant and co-Defendant 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 devised by the Defendant and co-Defendants 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 within 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 Defendant and co-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.
         
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 force of blunt force trauma to the head. 
         
Several days later, law enforcement authorities apprehended Defendant 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.
         
This case was investigated by the FBI and the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Tim Maher prosecuted the case.
         
BillyRay McCloskey, Riley McCloskey, and Crystal Red Hawk were immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on October 28, 2014, by U.S. District Judge Roberto A. Lange.

Jeffrey Jandreau, age 36, was sentenced to 10 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
         
Jandreau was indicted by a federal grand jury on July 15, 2014.  He pled guilty on August 14, 2014.
         
The conviction stems from Jandreau failing to register as a sex offender, as required by federal law, after absconding from a halfway house.  Jandreau’s whereabouts were unknown from June 25, 2014, until July 1, 2014, when he was located by the U.S. Marshals Service on his family’s rural ranch.  Jandreau was previously convicted in 2010 of a sex offense in federal court which requires him to register as a sex offender.
         
This case was investigated by U.S. Marshals Service.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
         
Jandreau was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Distribution of Child Pornography and Possession of Child Pornography.

Nicholas Adam Jensen, age 24, was indicted on September 23, 2014.  He appeared before U.S. Magistrate Judge Veronica Duffy on October 14, 2014, 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 assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment charges that between March 2013 and April 2013, at Rapid City, Jensen knowingly distributed and possessed computer files containing images of child pornography.  

The charges are merely accusations and Jensen 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. Attorney Sarah B. Collins is prosecuting the case.

Jensen was released pending trial.  A trial date has been set for March 10, 2015.     

United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of Assault by Striking, Beating, and Wounding was sentenced on October 23, 2014, by U.S. Magistrate Judge Mark A. Moreno.

Jacob Lee, age 30, was sentenced to 350 days in custody, 1 year of supervised release, and a $25 special assessment to the Federal Crime Victims Fund.
         
Lee was indicted for Assault Resulting in Serious Bodily Injury and Assault by Strangulation and Suffocation by a federal grand jury on March 11, 2014.  He pled guilty to Assault by Striking, Beating, and Wounding on August 19, 2014.
         
On February 8, 2014, Lee and the victim were at an apartment in Mission, and an argument ensued where Lee pulled the victim’s hair and hit her.  The victim had swollen lips and suffered other injuries during the assault.  Prior to the assault, Lee and the victim were intimate and dating partners.
         
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Tim Maher prosecuted the case.
         
Lee 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 convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on October 28, 2014, by U.S. District Judge Roberto A. Lange.

Jason Long, age 44, was sentenced to time served (18.4 months), 3 years of supervised release, a $1,000 fine, and a $100 special assessment to the Federal Crime Victims Fund.
         
Long was indicted for Possession with Intent to Distribute a Controlled Substance by a federal grand jury on February 2, 2013. He pled guilty on August 12, 2014.
         
The conviction arose from an incident on July 28, 2012, in Lyman County, when Long knowingly and intentionally distributed and possessed with intent to distribute a mixture or substance containing a detectable amount of AM 2201, a Schedule I controlled substance.
         
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Jay Miller prosecuted the case.

United States Attorney Brendan V. Johnson announced that a Chamberlain, South Dakota, man convicted of Third Degree Burglary and Burglary of a United States Post Office was sentenced on October 28, 2014, by U.S. District Judge Roberto A. Lange.

James Short Bear, age 19, was sentenced to 15 months in custody on each count to be served concurrently, 2 years of supervised release on each count to be served concurrently, $1,040.88 in restitution to Crow Creek Housing, $1,206.85 in restitution to the Crow Creek Food Distribution Program, and $7,976.40 to the United States Postal Service, Chamberlain Post Office.  A special assessment of $200 to the Federal Crime Victims Fund was also ordered.
         
Short Bear was indicted by a federal grand jury on March 11, 2014, for the Third Degree Burglary charge, and was indicted again on April 15, 2014, on the Burglary of a U.S. Post Office charge.  He pled guilty on August 11, 2014, to both charges.
         
The first conviction stems from an incident which happened between February 10, 2014, and February 11, 2014, when Short Bear broke into the Crow Creek Housing Authority Office in Fort Thompson and stole two checkbooks.  Short Bear attempted to cash one of the reported stolen checks at the Wells Fargo Bank in Lower Brule.  However, he was recognized and law enforcement was summoned.  During the investigation, law enforcement was contacted by the Crow Creek Food Distribution Program in Fort Thompson who discovered that Short Bear had attempted to enter their building on February 10, 2014. 

The second conviction stems from an incident which happened between March 2, 2014, and March 3, 2014, when Short Bear broke into the Chamberlain Post Office by breaking the postmaster’s door.  He stole a postal money order in the amount of $210.  He also stole a check made out to AT&T.  He changed the payee name on that check and attempted to cash it at a local bank. 
         
This case was investigated by the Bureau of Indian Affairs, Crow Creek Agency, and the United States Postal Inspection Service.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
         
Short Bear was immediately turned over to the custody of the U.S. Marshals Service.