District of South Dakota

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

Edgar Yellow Earrings, age 51, was indicted by a federal grand jury on September 16, 2014.  He appeared before U.S. Magistrate Judge William D. Gerdes on October 31, 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 a $100 special assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charge stems from an allegation that between March 7, 2001, and July 21, 2003, in Bullhead, Yellow Earrings engaged in a sexual act with a child under the age of twelve.

The charge is merely an accusation and Yellow Earrings 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.   

Yellow Earrings 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 Michael Heath Thetford, a/k/a Russ LNU, age 38, of Alabaster, Alabama, was found guilty of Felon in Possession of a Firearm, Impersonating a Federal Officer, Interstate Stalking, and Tampering with Witnesses as a result of a five day federal jury trial in Pierre, South Dakota. 

The charges carry a maximum penalty of up to 38 years in custody and/or a $1,000,000 fine, 3 years of supervised release, and a $400 special assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.

Thetford was indicted by a federal grand jury on December 14, 2011, for Felon in Possession of a Firearm, Impersonating a Federal Officer, and Interstate Stalking. 

On May 28, 2010, 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 Federal Bureau of Investigation (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, 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 Falls, but stopped at Humboldt, where he informed the victims that he had received a cell phone call which cleared them of the drug investigation, and that a different arrest was in the process of being made, and he would return them home.  Along 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 victim’s 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 law enforcement authorities and withhold testimony.  A superseding Indictment alleging Witness Tampering was obtained in March 2014.  
         
This case was investigated by the South Dakota Division of Criminal Investigation, the Pierre FBI office, the Birmingham, Alabama FBI office, the U.S. Marshal’s 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.
         
A presentence investigation was ordered and a sentencing date was set for January 5, 2015.  Thetford was remanded to the custody of the U.S. Marshals Service pending sentencing.

WASHINGTON – The United States filed a civil complaint for injunctive relief in the U.S. District Court for the District of South Dakota against 2035 Inc. and its president, Dr. Robert L. Lytle, the Department of Justice announced. Lytle, who does business as 2035 Private Membership Association and QLasers Private Membership Association, is the owner and operator of 2035 Inc.

According to the complaint, the defendants are responsible for designing, manufacturing, marketing and distributing the QLaser System, a collection of approximately 12 devices that are marketed as low level laser devices for home use. The defendants market their devices throughout the country – through seminars, websites, newspaper ads and other means – for treatment of “over 200 different diseases and disorders,” including cancer, cardiac arrest, HIV/AIDS, diseases and disorders of the eye and ear, venereal disease and diabetes. Although two of the devices are cleared for providing temporary relief of pain associated with osteoarthritis of the hand, none of the devices have been cleared by the U.S. Food and Drug Administration (FDA) or otherwise approved to treat any other medical conditions. Failure to obtain FDA clearance or premarket approval before marketing and distributing a device renders the device adulterated and misbranded and violates the Food, Drug, and Cosmetic Act (FDCA).

“The public should be able to trust that medical devices marketed to them to treat certain conditions are shown to be safe and effective,” said Acting Assistant Attorney General Joyce R. Branda for the Justice Department’s Civil Division. “The Department of Justice will take action to ensure that public health is not put at risk.”

According to the complaint, the defendants distribute labeling with the QLaser devices that touts their use for treatment of the serious conditions listed above, as well as their use on eyes and skin. However, the complaint alleges, applying the laser devices to the eyes and skin can be harmful, and use of the devices to treat serious conditions such as cancer, HIV/AIDS and diabetes, among others, is unsupported by any published clinical studies. The complaint further alleges that the medical claims regarding use of the laser devices to treat these conditions are false and misleading and that the devices are unsafe if used in the manner recommended or suggested in defendants’ labeling.

During multiple inspections of the defendants’ operations over the course of approximately 11 years, the FDA informed the defendants – both verbally and in writing – that they were violating the FDCA. Despite these warnings, the complaint alleges that defendants continue their violations. Most recently, in August and September 2014, FDA investigated the defendants’ business operations, including QLasers PMA, and www.qlaserspma.com, a website owned and operated by Lytle through QLasers PMA. According to the complaint, these investigations revealed that the defendants continue to make claims that cause their QLaser devices to be in violation of the law.

The government requests that the court enjoin the defendants from continuing to market their QLaser devices, or any other device, unless or until such devices receive FDA clearance or approval. The complaint further requests the court order the defendants to cease manufacturing, processing, packaging, labeling, holding or distributing any product that is a device unless and until the defendants have come into compliance with the FDCA.

“After several warnings from the FDA, this distributor was well aware he was in violation of the law by continuing to market laser devices for unapproved uses,” said U.S. Attorney Brendan V. Johnson for the District of South Dakota. “Regardless, he continued to put consumers at risk, leading them to believe the product they were buying from his companies could treat certain serious medical conditions. Consumer confidence is critical, and the Department of Justice will work to protect that confidence and keep the public safe.”

The FDA referred this matter to the Department of Justice. Trial Attorneys Cindy Cho and Ross Goldstein of the Consumer Protection Branch in the Civil Division, together with the U.S. Attorney’s Office for the District of South Dakota, brought this case on behalf of the United States.

United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, woman charged with Assaulting, Resisting, or Impeding a Federal Employee pled guilty to and was sentenced on October 23, 2014, by U.S. Magistrate Judge Mark A. Moreno.

Twila Two Strike, age 56, was sentenced to 6 months of unsupervised probation, and $25 to the Federal Crime Victims Fund.

The conviction stems from an incident that took place on April 14, 2014, when a Rosebud Sioux Tribe Realty Officer went to Two Strike’s home to investigate community complaints regarding a padlocked gate impeding cars from accessing the Blue Thunder Cemetery. While the Realty Officer was speaking with a member of the Two Strike’s family through a screen door, Two Strike approached him from outside his peripheral line of vision and threatened to physically assault him if he did not get off their land.  Two Strike swung her hand toward the Realty Officer in an attempt to strike him.

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

Two Strike was released.

United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on October 27, 2014, by U.S. Judge Roberto A. Lange.

Mark Antoine, age 23, was sentenced to 24 months in custody, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
         
Antoine was indicted for Assault with a Dangerous Weapon and Assaulting, Resisting, Opposing, and Impeding a Federal Officer by a federal grand jury on December 10, 2013.  He pled guilty to Assault with a Dangerous Weapon on July 27, 2014.
         
On October 29, 2013, Antoine was at a home on the Rosebud Indian Reservation and got upset at his relative, the victim.  Antoine assaulted the victim, including knocking her down, attempted to choke her, and he also menaced her with an object.  While the victim was on the floor, he slammed an item, presumably a can, against the floor next to her head.  When the victim got up, Antoine pushed her onto a couch and menaced her with a screw driver, stabbing the screw driver into the couch next to her body.  Antoine also kicked the victim in the chest while wearing shoes.  The victim tried to call police for help, but Antoine broke the phone.
         
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Tim Maher prosecuted the case.
         
Antoine was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that a Fort Thompson, South Dakota, man convicted of Distribution of a Controlled Substance and Aiding and Abetting was sentenced on October 27, 2014, by U.S. District Judge Roberto A. Lange.

Emmanuel Harrison, a/k/a Manny Harrison, age 29, was sentenced to 5 months in custody, 3 years of supervised release, $1,000 fine, and a $100 special assessment to the Federal Crime Victims Fund.
         
Harrison was indicted for two counts of Distribution of a Controlled Substance by a federal grand jury on April 15, 2014.  He pled guilty to one count of Distribution of a Controlled Substance and Aiding and Abetting on July 29, 2014.
         
The conviction arose from an October 16, 2013, incident at Fort Thompson when Harrison knowingly and intentionally distributed a mixture and substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, and aided and abetted in the commission of the distribution.
         
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force.  Assistant U.S. Attorney Jay Miller prosecuted the case.
         
Harrison 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 Assault Resulting in Serious Bodily Injury.

Leslie Michael Hawk, age 24, was indicted on October 21, 2014.  He appeared before U.S. Magistrate Judge Veronica Duffy on October 22, 2014, and pled not guilty to the Indictment.  

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

The Indictment charges that on October 8, 2014, near Loneman, Hawk assaulted a woman with a knife.

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

The investigation was conducted by the Bureau of Indian Affairs Office of Justice Services, and the Pennington County Sheriff’s Office.   Assistant U.S. Attorney Ben Patterson is prosecuting the case.   

Hawk was detained 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 Assault with a Dangerous Weapon and Assault Resulting in Substantial Bodily Injury to an Intimate Partner.

Reginald Brooks, age 44, was indicted on October 15, 2014.  He appeared before U.S. Magistrate Judge William D. Gerdes on October 23, 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 October 12, 2014, Brooks assaulted his intimate partner with a dangerous weapon, which resulted in substantial bodily injury.

The charges are merely accusations and Brooks 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.   

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

United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota, man convicted of Assault by Striking, Beating and Wounding was sentenced on October 22, 2014, by U.S. Magistrate Judge Mark A. Moreno.

Colin Colombe, age 40, was sentenced to 2 years of probation, 90 days of jail time, and a $25 special assessment to the Federal Crime Victims Fund.
         
Colombe was indicted by a federal grand jury on August 21, 2013.  He pled guilty on August 12, 2014.
         
The conviction stems from an incident in Lower Brule on June 25, 2013, when Colombe got in an altercation with an adult male.  As a result of the altercation, the victim suffered injuries to his leg, as well as bruises, scrapes, and abrasions to his head and body.
         
This case was investigated by 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 Kyle, South Dakota, man convicted of Assault by Striking, Beating, or Wounding was sentenced on October 23, 2014, by U.S. Magistrate Judge Veronica L. Duffy.

Vinnie Makes Good, age 26, was sentenced to 12 months in custody, 1 year of supervised release, and ordered to pay a $25 special assessment to the Federal Crime Victims Fund and $352.50 in restitution.
         
The conviction stemmed from an incident that occurred in Kyle on November 17, 2013, when Makes Good, along with two other men, entered a man’s yard and assaulted him and his son with their fists, causing injuries.
         
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.
         
Makes Good was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that a Fort Thompson, South Dakota, man convicted of Assault Resulting in Substantial Bodily Injury to a Spouse was sentenced on October 27, 2014, by U.S. District Judge Roberto A. Lange.

Arnold Roy Walking Bull, Jr., a/k/a Junior Charging Hawk, age 38, was sentenced to 12 months and a day of 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 June 10, 2014.  He pled guilty on July 31, 2014.
         
The conviction stems from an altercation he had with his spouse on October 1, 2013.  Walking Bull assaulted the victim, causing her substantial bodily injury.
         
This case was investigated by the 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 a Fort Thompson, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon, Assault by Strangulation and Suffocation, and Assault Resulting in Substantial Bodily Injury to an Intimate Partner.

Jared Chase Blaine, age 20, was indicted on September 16, 2014.  He appeared before U.S. Magistrate Judge Mark A. Moreno on October 23, 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 $300 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about August 12, 2014, Blaine unlawfully assaulted his intimate partner with shod feet, as well as strangled and suffocated the victim, resulting in substantial bodily injury.

The charges are merely accusations and Blaine 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.   

Blaine was remanded to the custody of the U.S. Marshals Service pending trial which has been set for December 2, 2014.

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

John Earl Miner, age 42, was indicted by a federal grand jury on October 15, 2014.  He appeared before U.S. Magistrate Judge Mark A. Moreno on October 22, 2014, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 2 years in custody and/or a $250,000 fine, at least 5 years and 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 June 17, 2014, in Dupree, South Dakota, Miner engaged in, or attempted to engage in, sexual contact with a minor.

The charge is merely an accusation and Miner 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.   

Miner 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 Assaulting, Resisting, or Impeding a Federal Officer Involving Physical Contact.

Lucas Curley, age 23, was indicted on October 15, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 22, 2014, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 8 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.  

The Indictment alleges that in March of 2014, Curley forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with a Cheyenne River Sioux Tribe Law Enforcement Officer while the officer was engaged in the performance of his official duties.

The charge is merely an accusation and Curley 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.   

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

United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man and woman have been indicted by a federal grand jury for Felony Child Abuse.

Jordyn Blue Coat, a/k/a Jordyn Swan, age 21, and Francis Swan, age 25, were indicted by a federal grand jury on October 21, 2014.  They appeared before U.S. Magistrate Judge Mark A. Moreno on October 24, 2014, and pled not guilty to the Indictment.

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

The charge stems from an allegation that between August 17, 2014, and October 17, 2014, at No Heart Housing near Eagle Butte, Blue Coat and Swan abused, tortured, tormented, and cruelly punished a child under the age of seven years old.

The charge is merely an accusation and Blue Coat and Swan are presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Federal Bureau of Investigation, the South Dakota Department of Social Services, and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.   

Blue Coat and Swan 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 Bullhead, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.

Miles Yellow Earrings, age 31, was indicted on October 15, 2014. He appeared before U.S. Magistrate Judge William D. Gerdes on October 17, 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, a mandatory minimum period of at least 5 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between May 10, 2014, and June 18, 2014, Yellow Earrings, a person required to register under the Sex Offender Registration and Notification Act, failed to register and update his registration.

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

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

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

ARLINGTON, VA. – Brendan Johnson, U.S. Attorney for the District of South Dakota, has been named a 2014 Pathbreaker Award recipient for his determined leadership in combatting child sex trafficking.

U.S. Attorney Johnson has taken a progressive approach to demand enforcement through broad collaboration and aggressive prosecution of buyers which established broader federal engagement in combating demand for child sex trafficking. At the request of Attorney General Eric Holder, Johnson was one of fifteen U.S. Attorneys selected to serve on the Attorney General’s Advisory Committee from 2012-2013. He has prioritized the prosecution of cases involving violence against Native American women and children and human trafficking. Mr. Johnson has overseen the prosecution of more than 25 human trafficking cases in five years, including three life-sentences and the federal prosecution of numerous men who attempted to purchase sex from trafficking victims. His office pursued the case of United States v. Jungers through the Eighth Circuit Court of Appeals, securing the critical decision that buyers of sex acts with minors are committing crimes of sex trafficking under the federal law, upping the risk of such activity by those who drive the sex trafficking markets.

“Brendan Johnson is a force of determination, initiative and skill that should leave buyers terrified to purchase sex with a minor in South Dakota,” Shared Hope International President and Founder Linda Smith said. “By creating a threshold for buyer accountability, he sets a national precedent that, if applied, will make significant strides in reducing tolerance for purchasing sex with a minor.”

In 2000, the U.S. Department of State engaged Shared Hope International to hold Pathbreaking Strategies Conferences in six countries to energize the global conversation about the issue of trafficking and share innovative approaches to combat the problem. The conferences led to significant change in the global landscape of national responses to trafficking in countries that were behind the global community and enabling an environment that was fostering trafficking with no developed response. During this process, the Pathbreaker Award was established to recognize the pioneering efforts of individuals throughout the world who broke the trend of inaction and initiated proactive responses to prevent trafficking. See all Pathbreaker Award recipients.

The 2014 Pathbreaker Award recipients also include Congressman Frank Wolf (VA-10) and Marian Hatcher, Project Manager for the Sheriff’s Women’s Justice Programs at the Cook County Sheriff’s Office. U.S. Attorney Johnson and Ms. Hatcher will accept the award on November 7 during Shared Hope International’s JuST Conference in Washington, D.C.

MEDIA MATERIALS

For media convenience, a variety of video clips and resources, including survivor comments, are available at this location: vimeo.com/sharedhope/albums. Clips are password protected, please contact Taryn Offenbacher at Taryn@sharedhope.org for access.

ABOUT SHARED HOPE INTERNATIONAL: Shared Hope International was established in 1998, by former U.S. Congresswoman Linda Smith, to prevent, restore, and bring justice to women and children in crisis. We provide leadership in awareness, training, prevention strategies, restorative care, research, and policy initiatives. For more information about Shared Hope International, go to www.sharedhope.org.

For more information contact Taryn Offenbacher at (602) 818-3955 or taryn@sharedhope.org.

United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of Theft or Embezzlement in Connection with Health Care was sentenced on October 16, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Michael Gray, age 59, was sentenced to 2 years of probation, ordered to pay a $100 special assessment to the Federal Crime Victims Fund, and restitution in the amount of $6,476.42.
         
Gray was indicted for Theft or Embezzlement in Connection with Health Care on March 18, 2014, and he pled guilty on June 4, 2014.

The conviction relates to Gray, while employed by an Indian Health Services (IHS) Hospital, taking equipment belonging to IHS and using a General Services Administration gas card for his personal use between 2009 and 2013.
         
This case was investigated by the Department of Health and Human Services, Office of the Inspector General.  Assistant U.S. Attorney Eric Kelderman prosecuted the case.

United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of Attempted Trafficking with Respect to Involuntary Servitude and Forced Labor was sentenced on October 17, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Curtis Ray Austin, age 21, was sentenced to 24 months of imprisonment, 3 years of supervised release and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.  Austin will also be required to register as a sex offender.

On August 10, 2013, as part of a sex-trafficking undercover operation during the Sturgis Bike Rally, Austin was arrested for attempting to obtain sex with a 15 year-old girl.  Austin responded to a law enforcement-generated Internet advertisement which advertised sex with a fictitious 15 year-old girl, and he negotiated the terms of the sexual encounter.  Austin then met with an undercover agent, who was posing as someone who could provide the young girl for sex in trade for an engagement ring, and Austin had the ring and condoms in his possession.  Austin was subsequently arrested. 

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

Austin 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, 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 computers 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 not been set.     

United States Attorney Brendan V. Johnson announced that a New York man convicted of Trafficking in Counterfeit Goods or Services was sentenced on October 17, 2014, by U.S. Chief Judge Jeffrey L. Viken, U.S. District Court.

Samuel Ascolese, age 45, was sentenced to 12 months and 1 day of imprisonment, 3 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund and $72,652.99 in restitution.  

In August 2013, during the Sturgis Motorcycle Rally, Ascolese, owner of Custom Tattoo Apparel, knowingly sold counterfeit T-Shirts.  The counterfeits were from many different trademark holders including Monster Energy, Sons of Anarchy (20th Century Fox), Honda, Acura, Jack Daniels, Ford/Powerstroke, Cummins, Kawasaki, Suzuki, Dodge/Mopar/Chrysler, and Browning. 
         
The investigation was conducted by the U.S. Immigration and Customs Enforcement's Homeland Security Investigations.  Assistant U.S. Attorney Sarah B. Collins prosecuted the case. Ascolese was immediately turned over to the custody of the U.S. Marshals Service.   

United States Attorney Brendan V. Johnson announced that a Colstrip, Montana, man convicted of Health Care Fraud was sentenced on October 16, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Dean L. Hodges, age 59, was sentenced to 2 years of probation, ordered to pay a $100 special assessment to the Federal Crime Victims Fund, and restitution in the amount of $686.
         
Hodges was indicted for Theft in Connection with Health Care, Health Care Fraud, False Statements Relating to Health Care Matters, and Acquiring Controlled Substances by Fraud by a federal grand jury on February 19, 2014.  He pled guilty to Health Care Fraud on June 30, 2014.

The conviction stems from Hodges, while employed by the Indian Health Services as the Chief Pharmacist for the Kyle Health Center, taking Hydrocodone and Codeine for his own use between January and October 2013.
         
This case was investigated by the Department of Health and Human Services, Office of the Inspector General.  Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.

United States Attorney Brendan V. Johnson announced that an Aurora, Colorado, man has been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance.

Nathan Van Weeda, age 43, was indicted on October 15, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 15, 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 $200 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about October 1, 2014, Weeda knowingly and intentionally distributed and possessed with intent to distribute  a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, and marijuana, a Schedule I controlled substance.

The charges are merely an accusation and Weeda 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.   

Weeda 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 Veronica Fairchild, age 42, of Canistota, South Dakota, and Okaboji, Iowa, who was previously found guilty of four counts of tax fraud, was sentenced on October 22, 2014.

Fairchild was sentenced to 33 months in custody and ordered to pay over $214,000 in restitution to the U.S. Department of Treasury, Internal Revenue Service, for unpaid taxes. 

Fairchild was indicted by a federal grand jury on July 9, 2013. The investigation stemmed from Fairchild’s late filing of her 2005 through 2008 income tax returns in 2010.  Bank records revealed she had failed to claim over $850,000 in income over the four-year period of time.  Fairchild claimed the unreported income she received from performing private shows as an exotic dancer was a gift.

A jury trial commenced in Sioux Falls on June 24, 2014, and completed on June 26, 2014, with the jury convicting Fairchild on all four counts of the Indictment.
         
“The sentenced handed down in this case should make things very clear.  No matter your rationale and no matter what you do for a living, if you evade paying your fair share of taxes, you’ll face the consequences,” said U. S. Attorney Johnson.
         
“IRS Criminal Investigation is diligent when it comes to enforcing the laws directed at those who attempt to defraud our nation’s tax system," said Karl Stiften, Acting Special Agent in Charge of the St. Paul Field Office. “The sentence of 33 months in a federal prison shows how seriously the courts take federal tax crimes. Together with the Department of Justice, we will continue to investigate and prosecute those who violate our tax system.”
         
This case was investigated by the Internal Revenue Service Criminal Investigation Division. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
         
Fairchild will self-report to the U.S. Marshals Service in November of 2014 to begin serving her sentence.    

United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, woman was acquitted of Arson on October 9, 2014, as a result of a federal jury trial in Pierre, South Dakota.  Mary Peneaux was indicted by a federal grand jury in November 2013.
         
The charge related to the alleged arson of a residence in Rosebud. 
         
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Rosebud Sioux Tribe Law Enforcement Services. The U.S. Attorney's Office prosecuted the case.

United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of Felon in Possession was sentenced on October 15, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Jesse D. Grimm, age 32, was sentenced to 12 months and one day in custody, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
         
Grimm was indicted for Felon in Possession by a federal grand jury on March 18, 2014.  He pled guilty on June 26, 2014.
         
On January 20, 2014, Grimm possessed a Glock Model 27, which was inside a backpack in his pickup truck near Rapid City.  Grimm was previously convicted of a felony of Aggravated Assault (Domestic Abuse) on January 2, 2009.
         
This case was investigated by the Division of Criminal Investigation and the Rapid City Police Department.  Assistant U.S. Attorney Ted L. McBride prosecuted the case.          

Grimm 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 convicted of False Statement was sentenced on October 15, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Justin Robert Yellow Elk, age 29, was sentenced to 8 months in custody, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
         
Yellow Elk was indicted for Concealing Person from Arrest and False Statement by a federal grand jury on March 18, 2014.  He pled guilty to False Statement on June 6, 2014.
         
The conviction stems from when Yellow Elk, who was an employee at Community Alternatives of the Black Hills (CABH) in 2012, gave false statements to a Federal Bureau of Investigation (FBI) agent during a CABH escape investigation in April 2013.
         
This case was investigated by the FBI.  Assistant U.S. Attorney Sarah Collins prosecuted the case.           Yellow Elk was immediately turned over to the custody of the U.S. Marshals Service.   

United States Attorney Brendan V. Johnson announced that a Manderson, South Dakota, man convicted of Conspiracy to Distribute Marijuana was sentenced on October 15, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Robert Dale Martin, age 47, was sentenced to 60 years in custody, 4 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
         
Martin was indicted for Conspiracy to Distribute Controlled Substances by a federal grand jury on February 20, 2014.  He pled guilty on June 27, 2014.
         
Beginning in the year 2000 through 2012, Martin received pound quantities of marijuana and brought it into South Dakota for further distribution.  Martin engaged in a supervisory role and distributed more than 100 kilograms of marijuana on the Pine Ridge Reservation during this conspiracy.
         
This case was investigated by Northern Plains Safe Trails Drug Enforcement Task Force, which includes the following agencies:  Federal Bureau of Investigation, Division of Criminal Investigation, Bureau of Indian Affairs Office of Justice Services, Oglala Sioux Tribe Department of Public Safety, Fall River County Sheriff’s Office, and the Fall River State’s Attorney’s Office. U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations also assisted with the investigation.  Assistant U.S. Attorney Ted L. McBride prosecuted the case.
         
Martin 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 charged with Malicious Mischief pled guilty to and was sentenced on October 10, 2014, by U.S. Magistrate Judge Mark A. Moreno.

Thomas Loudner, age 38, was sentenced to 2 months of custody, 1 year of supervised release, $1,000 restitution to the Lower Brule Sioux Tribe, and $25 to the Federal Crime Victims Fund.

The conviction stems from an incident that took place on January 26, 2013, when Loudner and others were driving around the Lower Brule Community. They were drinking and began to discuss having a bonfire.  Loudner drove to the Lower Brule Sioux Tribe Old Boxing Club building, got out of his vehicle, grabbed a gas can, entered the building and set it on fire. The building sustained damage as a result of the fire.

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

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

United States Attorney Brendan V. Johnson announced that Santana Drapeau, age 22, of Fort Thompson, South Dakota, was convicted of two counts of Domestic Assault by a Habitual Offender and one count of Simple Assault as a result of a 2-day federal jury trial in Pierre, South Dakota.  The guilty verdict was returned on October 10, 2014.  
         
The Defendant was found not guilty of assault by strangulation.
         
Each habitual domestic assault conviction carries a maximum penalty of 5 years of imprisonment and/or a $250,000 fine.  The simple assault conviction carries a maximum penalty of 1 year imprisonment and/or a $100,000 fine.
         
The conviction stems 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.

A presentence investigation report was ordered, and a sentencing date was set for December 22, 2014.

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

United States Attorney Brendan V. Johnson announced that an Edgemont, South Dakota, man recently reached a settlement agreement with the United States Government for submitting false unemployment claims.
         
Terry Beard, age 48, was laid off from his job as a conductor for the Burlington Northern Railroad in December of 2008.  He submitted 23 claim forms certifying he was entitled to receive payments for unemployment benefits from March 2009 through January 2010 with the U.S. Railroad Board (RRB). Beard failed to advise the RRB that he was at the same time employed with the City of Edgemont. Beard knowingly and willfully falsified claims to the government for unemployment benefits.
         
In April 2014, the United States brought a civil action against Beard to recover damages and civil penalties pursuant to the False Claims Act (FCA), 31 U.S.C. §§ 3729-3733, for the false claims Beard knowingly submitted to the RRB. 
         
The 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.
         
The government signed a settlement agreement with Beard on May 27, 2014. Beard consented to a judgment in favor of the United States in the amount of $40,000 and agreed to make monthly payments over five years for submitting the false claims for unemployment insurance benefit payments to the RRB.
         
Previously, Beard was also indicted by a grand jury and pled guilty to the offense of making a false claim pursuant to 18 U.S.C. § 287, a Felony, for knowingly submitting the false claims to the RRB.  A criminal judgment was entered against Beard in federal court, and he was sentenced on October 23, 2013, to a term of 5 years’ probation and ordered to pay restitution in the amount of $12,407.00.
         
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 and works with various law enforcement agencies to identify and investigate these matters.
         
The investigation in this case was conducted by the U.S. Railroad Retirement Board. Former Assistant U.S. Attorney Wayne Venhuizen and Assistant U.S. Attorney Cheryl Schrempp DuPris prosecuted the criminal and civil cases respectively.    

United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Third Degree Burglary and Larceny.

Randall Little Shield, age 22, was indicted on September 16, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 9, 2014, and pled not guilty to the Indictment.

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

The Indictment alleges that in June 2014, Little Shield unlawfully entered the Cheyenne-Eagle Butte Junior High School and took and attempted to carry away, with intent to steal and purloin, desktop computer towers, computer keyboards, computer monitors, and various other school office supplies of a value of more than $1,000.

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 pending trial. Trial date has been set for November 18, 2014.

United States Attorney Brendan V. Johnson announced that three Eagle Butte, South Dakota, men have been indicted by a federal grand jury for Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and Aiding and Abetting the two assaults.

Lawrence Mexican, age 23, Todd Johns, age 26, and Joshua Heiedeman, age 21, were indicted on September 16, 2014.  They have all appeared before U.S. Magistrate Judge Mark A. Moreno and each 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. Restitution may also be ordered. 

The Indictment charges that on July 19, 2014, in Eagle Butte, Mexican, Johns and Heideman unlawfully assaulted the victim with shod feet, metal crutches, and wooden clubs.  The assault is alleged to have caused serious bodily injury to the victim.

The charges are merely accusations and Mexican, Johns and Heideman are presumed innocent until and unless proven guilty. 

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

All three defendants were remanded to the custody of the U.S. Marshals Service pending trial. Trial has been set for November 18, 2014.

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

Sarah Lilly Brown Eyes, age 56, was indicted on August 26, 2014.  She appeared before U.S. Magistrate Judge Veronica L. Duffy on September 29, 2014, and pled not guilty to the Indictment.  

The maximum penalty upon conviction is 8 years of imprisonment and/or a $250,000 fine, 3 years of supervised release, and a $100 assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment charges that on June 24, 2014, at Slim Buttes, Brown Eyes ran over a man with a truck, killing him.

The charge is merely an accusation and Brown Eyes 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 Eyes was detained pending trial. A trial date has not been set.

United States Attorney Brendan V. Johnson announced that a Parmelee, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on October 6, 2014, by U.S. District Judge Roberto A. Lange.

Matthew Horned Eagle, age 24, was sentenced to 33 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
         
Horned Eagle was indicted for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury by a federal grand jury on May 13, 2014.  He pled guilty to Assault Resulting in Serious Bodily Injury on July 14, 2014.
         
On April 7, 2014, in the late evening hours, Horned Eagle, who had been consuming alcohol, began arguing with his girlfriend in their bedroom.  The noise awoke a child sleeping in another room and an adult female went into Horned Eagle’s room to tell them to quiet down.  A physical struggle broke out between Horned Eagle and the adult female.  When the victim tried to intervene, Horned Eagle stabbed her in the left thigh with a silver and black military style sword with a 17 inch blade.  Horned Eagle’s actions caused a 3.5 centimeter long and 7 centimeter deep laceration to the victim’s left anterior thigh that required sutures to repair.
         
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Tim Maher prosecuted the case.
         
Horned Eagle 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 charged with Simple Assault of a Child under 16 pled guilty to and was sentenced on October 6, 2014, by U.S. Magistrate Judge Mark A. Moreno.

Marvin Grassrope, Jr., age 19, was sentenced to 18 months of probation and $25 to the Federal Crime Victims Fund.

The conviction stems from an incident that took place on or about October 5, 2013, when Grassrope inappropriately touched a juvenile female.

The investigation was conducted by the Federal Bureau of Investigation.  The case was prosecuted by Assistant U.S. Attorney Thomas J. Wright. 

United States Attorney Brendan V. Johnson announced that Brett Roach, age 27, of McLaughlin, South Dakota, was convicted of Assault Resulting in Serious Bodily Injury, following a two-day jury trial in Pierre.  The guilty verdict was returned on October 8, 2014.

The charge carries a 10 year mandatory minimum, up to life, in custody, and/or a $250,000 fine, as well as 5 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 12, 2013. 

The conviction stems from an assault which occurred on May 22, 2013, when Roach’s 11-month old stepdaughter was brought to the Mobridge Regional Hospital.  A CT scan revealed that the child was bleeding inside her skull and had sustained 3 skull fractures.  The 11-month old victim was flown to Sanford USD Medical Center in Sioux Falls, where she underwent emergency treatment for her head injuries. 

During the investigation, Roach admitted to the Federal Bureau of Investigation that because the child’s crying had woken him up, he threw the child from a bed onto the hard floor.  At trial, Roach claimed he had made this story up and the child had been injured in a simple fall.  Medical experts at trial told the jury that a simple fall would not explain the victim’s life threatening serious head injuries.
         
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.
         
A sentencing date has not been set.  The defendant was remanded to the custody of the U.S. Marshals Service pending sentencing.

United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota, man convicted of Conspiracy to Distribute Methamphetamine was sentenced on October 1, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Clinton Provincial, age 35, was sentenced to 63 months in custody, 4 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
         
Provincial was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on February 20, 2013.  He pled guilty on December 3, 2013.
         
Between August 2009 and February 2013, Clinton Provincial conspired and agreed with other persons, including Angel Provincial, Robert Provincial, Shy Bettelyoun, and Diana Bald Eagle, to distribute methamphetamine in the District of South Dakota.
         
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, and the Oglala Sioux Tribe Department of Public Safety.  Assistant U.S. Attorney Ted L. McBride prosecuted the case.
         
Provincial was immediately turned over to the custody of the U.S. Marshals Service.                    

United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, man has been indicted by a federal grand jury for two counts of Assaulting a Federal Officer.

Jerel Running Bear, age 24, was indicted on September 23, 2014.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on September 26, 2014, and pled not guilty to the Indictment.

The maximum penalty upon conviction for each count is 8 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charge relates to Running Bear assaulting two female corrections officers employed with the Oglala Sioux Tribe Adult Offenders Facility on July 4, 2014, at Pine Ridge.

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

The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.

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

United States Attorney Brendan V. Johnson announced that a Lead, South Dakota, man has been indicted by a federal grand jury for Theft of Firearms, Possession of Stolen Firearms, and Felon in Possession of Firearms.

Dustin Bomford, age 26, was indicted on September 23, 2014.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on September 29, 2014, and pled not guilty to the Indictment.

The maximum penalty upon conviction for each count 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 charges relate to Bomford, a convicted felon, breaking into the Box Elder Trading Post on September 8, 2014, and stealing 18 firearms.

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

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

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

On December 19, 2012, a complaint was filed with the United States Department of Justice Civil Rights Division, pursuant to Title II of the Americans with Disabilities Act (ADA), alleging the playground equipment at the city park in Keystone, South Dakota, was not accessible to individuals who use wheelchairs.     
         
City officials in Keystone cooperated with the investigation and developed a Master Plan to bring Keystone’s Watson Park in compliance with the ADA. The plan included removing sand and installing wood fiber safety surfaces around the playground equipment, developing a more accessible route to the playground, installing additional playground stations, and renovating the parking lot to include van accessible parking space.
         
With the modifications, the parking lot is now equipped with accessible parking spaces and appropriate signage for van accessible parking, the sand around the playground has been replaced with a more stable, firm, and slip resistant wood fiber surface, and the gazebo and playgrounds have an accessible route within the playground equipment. These renovations provide an ADA-accessible place for people with disabilities to picnic, relax, and play.
         
The City of Keystone remains committed to providing accessibility to all individuals. The Department of Justice investigates allegations of ADA violations and provides information about the ADA through a toll-free information line at (800) 514-0301 (voice) and (800) 514-0383 (TDD), or visit www.ada.gov for more information. 

United States Attorney Brendan V. Johnson announced that a Chicago, Illinois, man charged with Criminal Trespass pled guilty to and was sentenced on September 30, 2014, by U.S. Magistrate Judge Mark A. Moreno.

Steven Nichols, age 43, was sentenced to 9 months in custody, 1 year of supervised release, 3-6 months at a Residential Reentry program, $25 to the Federal Crime Victims Fund, and ordered to not re-enter the lands of Todd County and the Rosebud Sioux Indian Reservation.
 
In the summer of 2011, the Rosebud Sioux Tribe’s Attorney General petitioned the tribal court to bar Nichols, a non-Indian, from entering the lands of the Rosebud Sioux Indian Reservation.  On June 10, 2011, he was served with notice of the proceedings. On September 22, 2011, the Rosebud Sioux Tribal Court entered an Emergency Writ of Exclusion barring him from entering the lands of the Rosebud Reservation, and the Rosebud Sioux Tribal Council also voted to exclude the Defendant from the reservation. On September 23, 2011, a tribal law enforcement officer served him with the exclusionary order and escorted him off of the reservation.

Tribal law enforcement officers later learned that Nichols had re-entered the reservation. On September 9, 2012, officers apprehended him and again transported him off of the reservation.  On January 30, 2013, officers learned Nichols was staying at a residence within the reservation.  Officers searched for Nichols and found him hiding in a crawl space of the residence.  He was arrested on federal criminal trespass charges and transported off the reservation and into federal custody.
 
On March 14, 2014, Nichols was in a car near Two Strike when a tribal patrol officer encountered him driving towards St. Francis, which is located  within the Rosebud Sioux Indian Reservation.  By being on the reservation, the Defendant did defy orders to leave that were previously communicated to him. 

The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation.  The case was prosecuted by Assistant U.S. Attorney Tim Maher.  Nichols was remanded to the custody of the U.S. Marshals Service to complete his sentence.

United States Attorney Brendan V. Johnson announced that Jerry Lane Golliher, age 32, of Rapid City, South Dakota, was found guilty of Commercial Sex Trafficking following a two-day federal jury trial held in U.S. District Court in Rapid City.   The guilty verdict was returned on October 1, 2014. 

The charge carries a mandatory minimum term of 15 years in federal prison and up to life imprisonment and/or a $250,000 fine, a mandatory minimum term of 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.  
 
Golliher was indicted for Commercial Sex Trafficking by a federal grand jury on August 13, 2013. He was one of nine men who were arrested and indicted as a result of a sex trafficking undercover operation conducted during the 2013 Sturgis Motorcycle Rally, targeting persons willing to pay money to have sex with underage girls.  All nine men were indicted for Commercial Sex Trafficking.

Following several emails with a person who Golliher believed to be associated with a 13 year-old girl, but who was in fact an undercover agent, he proceeded to negotiate the time and place they would meet, as well as the price he would pay for sex with the girl, which was $150.  When Golliher went to the pre-determined location to complete the transaction, he was instead met by law enforcement agents and placed under arrest.
         
The undercover operation and arrests were a joint effort between the South Dakota Division of Criminal Investigation, the Federal Bureau of Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s Office.  Assistant U.S. Attorneys Sarah Collins and Ben Patterson  prosecuted the case.
         
Golliher was remanded to the custody of the U.S. Marshals Service pending sentencing.                    

United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, man has been indicted by a federal grand jury for Assault on a Federal Officer.

Jerry Jesse Bear Shield, Jr., age 34, was indicted on September 22, 2014.  He appeared before U.S. Magistrate Judge Veronica Duffy on September 26, 2014, and pled not guilty to the Indictment.  

The maximum penalty upon conviction is 20 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 on August 6, 2014, at Pine Ridge, Bear Shield assaulted an Oglala Sioux Tribe police officer who was attempting to arrest him.

The charge is merely an accusation and Bear Shield 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 Ben Patterson is prosecuting the case.  

Bear Shield was released pending trial.  A trial date has not been set.                                              

United States Attorney Brendan V. Johnson announced that two Mobridge, South Dakota, men have 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.

Aaron Sackreiter, age 34, and Stanley Schily, age 59, were indicted on September 16, 2014. They appeared before U.S. Magistrate Judge William D. Gerdes on September 24, 2014, and pled not guilty to the Indictment.

The maximum penalty upon conviction is a mandatory minimum sentence of 5 years and a maximum of 40 years in custody and/or a $2,000,000 fine, at least 4 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that between December 1, 2013, and July 1, 2014, Sackreiter and Schily knowingly and intentionally combined, conspired, confederated and agreed to distribute, and possessed with intent to distribute, a mixture and substance containing 50 grams or more of a detectable amount of methamphetamine, a Schedule II controlled substance.

The charges are merely an accusation and Sackreiter and Schily are 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.   

Sackreiter and Schily were released on bond. Trial has been set for November 4, 2014.

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, Assault by Strangulation and Suffocation, and Assault Resulting in Substantial Bodily Injury to an Intimate Partner.

Isaac White Crane, age 29, was indicted on September 23, 2014. He appeared before U.S. Magistrate Judge Veronica L. Duffy on September 26, 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 $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charges relate to White Crane using a knife to cause substantial bodily injury to his intimate and dating partner on January 8, 2014, near Kyle.  He also strangled and suffocated her.

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

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

White Crane 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 Pine Ridge, South Dakota, man and woman have been indicted by a federal grand jury for Assault on a Federal Officer.

Trivian Bad Wound, age 50, and Donroy Big Crow, age 57, were indicted on September 23, 2014.  They appeared before U.S. Magistrate Judge Veronica L. Duffy on September 26, 2014, and pled not guilty to the Indictment.

The maximum penalty upon conviction is 8 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charge relates to Bad Wound and Big Crow assaulting a law enforcement officer employed with the Oglala Sioux Tribe Department of Public Safety on March 18, 2014, near Pine Ridge.

The charge is merely an accusation and Bad Wound and Big Crow are presumed innocent until and unless proven guilty.

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

Bad Wound was released on bond. Big Crow 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 Pierre, South Dakota, woman has been indicted by a federal grand jury for Acquisition of a Controlled Substance by Misrepresentation, Fraud, Forgery, Deception, and Subterfuge.

Terri Lee Morin, age 42, was indicted on September 16, 2014.  She appeared before U.S. Magistrate Judge Mark A. Moreno on September 25, 2014, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 4 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 between January 13, 2012, and March 13, 2014, Morin knowingly and intentionally acquired and obtained possession of the controlled substances Zolpidem and Lorazepam by misrepresentation, fraud, forgery, deception, and subterfuge.

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

The investigation is being conducted by the Office of the Inspector General of the U.S. Department of Health and Human Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.   

Morin 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 convicted of Simple Assault was sentenced on September 25, 2014, by U.S. Magistrate Judge Veronica L. Duffy.

Leon Eagle, age 21, was sentenced to 6 months of probation and ordered to pay a $10 special assessment to the Federal Crime Victims Fund.
         
Eagle was indicted for Felony Child Abuse and Neglect by a federal grand jury on March 18, 2014.  He pled guilty to Simple Assault on July 10, 2014.
         
The conviction relates to an incident at Oglala in September of 2012, when Eagle was in an argument with some people and knocked the one-year-old victim to the ground.
         
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.  Assistant U.S. Attorney Eric Kelderman prosecuted the case.                   

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

Dewey Shane Marrowbone, age 45, was indicted on September 16, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on September 25, 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 up to life of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between July 4, 2014, and August 20, 2014, Marrowbone, who was required to register under the Sex Offender Registration and Notification Act, knowingly failed to register and update his sex offender registration.

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

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

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