District of South Dakota

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

Kirk Flying Horse, age 41, was indicted on August 19, 2014. He appeared before U.S. Magistrate Judge William D. Gerdes on August 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 $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about July 25, 2014, Flying Horse forcibly assaulted a federal law enforcement officer with a dangerous weapon while the officer was engaged in the performance of his official duties.

The charge is merely an accusation and Flying Horse 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.   

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

United States Attorney Brendan V. Johnson announced that a former Oglala Sioux Tribe police officer has been indicted by a federal grand jury for violating the constitutional rights of a man in her custody by repeatedly using her Taser on him without justification. 

Rebecca M. Sotherland, a/k/a Becky Sotherland and Becki Sotherland, age 32, was indicted on August 26, 2014, for Deprivation of Rights Under Color of Law and Assault with a Dangerous Weapon.

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

The Indictment alleges that on August 15, 2014, Sotherland, while acting under color of law, repeatedly deployed a Taser on the victim causing bodily injury to the victim.  The alleged offense took place in Manderson, South Dakota.

The charges are merely accusations and Sotherland 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 Federal Bureau of Investigation.  Assistant U.S. Attorneys Sarah Collins and Kevin Koliner are prosecuting the case, with assistance from Jared Fishman with the Civil Rights Division of the Department of Justice.

United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of Continuing Unlawful Employment of Aliens was sentenced on August 15, 2014, by U.S. District Judge Karen E. Schreier.

Benjamin Munoz-Botello, age 49, was sentenced and ordered to pay a $3,000 fine and a $10 special assessment to the Federal Crime Victims Fund.
         
Between January 2008 and February 2010, while owner of the El Ranchito Mexican Restaurant, Munoz-Botello knowingly employed illegal aliens to work at the restaurant. 

The investigation was conducted by U.S. Immigration and Customs Enforcement's Homeland Security Investigations (HSI), in cooperation with the U.S. Forest Service, Rapid City Police Department, Pennington County Sheriff's Office, and other federal and state law enforcement agencies.  The case was prosecuted by Assistant U.S. Attorney Sarah B. Collins.

United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of Misprision of a Felony was sentenced on August 11, 2014, by U.S. District Judge Roberto A. Lange.

Na’pe Young, age 34, was sentenced to 15 months in custody, 1 year of supervised release, $1,135.80 in restitution to the Rosebud Elderly Affairs Program, and a $100 special assessment to the Federal Crime Victims Fund.
         
Young was indicted for First Degree Burglary, Assault with a Dangerous Weapon, and Assault Resulting in Serious Bodily Injury by a federal grand jury on March 11, 2014.  He pled guilty to a Superseding Information charging him with Misprision of a Felony on May 29, 2014.
         
The conviction stems from an incident that took place on July 2, 2013, when two men walked to the home of the victim.  After a verbal altercation started, one of the men struck the victim on the head and in the face with his fists.  Young was present during the assault.  After the assault was over,  Young concealed it from tribal and federal law enforcement officers and did not report the assault to a judge or other person in civil authority under the United States.
         
This case was investigated by Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Timothy M. Maher prosecuted the case.
         
Young was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that a Bessimer, Michigan, man charged with Failure to Pay Child Support pled guilty and was sentenced on August 11, 2014, by U.S. District Judge Roberto A. Lange.

Daryl Ready, a/k/a Nick D. Ready, age 55, was sentenced to 5 years of probation, ordered to pay $29,900.59 in restitution and a $100 special assessment to the Federal Crime Victims Fund.
         
Ready was indicted by a federal grand jury on September 10, 2013.  
         
The conviction stems from Ready’s failure to pay child support from about July 1, 2009 through May 2014.
         
This case was investigated by the Department of Health and Human Services.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.

United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, woman has been indicted by a federal grand jury for Theft from an Indian Tribal Organization.

Rhonda Uses Many, age 47, was indicted on March 11, 2014. She appeared before U.S. Magistrate Judge Mark A. Moreno on August 14, 2014, and pled not guilty to the Indictment. The maximum penalty upon conviction is 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.

Uses Many is alleged to have willfully and unlawfully stolen, embezzled, misapplied and converted to her own use over $1,000 of the monies, funds and assets belonging to the Cheyenne River Sioux Bingo Hall in February 2012. The charges are merely an accusation and Uses Many is presumed innocent until and unless proven guilty.

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

Uses Many was released on bond pending trial. Trial has not been set.

United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man convicted of Assaulting a Federal Officer was sentenced on August 12, 2014, by U.S. District Judge Roberto A. Lange.

William Pay Pay, age 52, was sentenced to 12 months and 1 day of custody, 18 months of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Pay Pay was indicted by a federal grand jury on February 12, 2014, and pled guilty on May 29, 2014, to Assaulting, Resisting and Impeding a Federal Officer.

The conviction arose from a December 2013 incident when Pay Pay forcibly resisted arrest by a Cheyenne River Sioux Tribal Police Officer, resulting in physical contact with the officer.  The physical contact occurred while the officer was employed by the Cheyenne River Sioux Tribe Police Department, under contract with the Bureau of Indian Affairs. 

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

Pay Pay was remanded to the custody of the U.S. Marshals Service to begin serving his sentence.

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.

Steven Whiteman, Jr., age 44, was indicted on July 15, 2014.  He appeared before U.S. Magistrate Judge William D. Gerdes on August 15, 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 supervised release of at least 5 years, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between May 9, 2014, and May 25, 2014, Whiteman, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under federal law, knowingly failed to register and update his registration while residing in South Dakota.

The charge is merely an accusation and Whiteman 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.   

Whiteman was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for October 21, 2014.

United States Attorney Brendan V. Johnson announced that Thomas Alexander Roberts, age 34, of Milwaukee, Wisconsin, appeared before U.S. District Judge Karen E. Schreier on August 14, 2014, and pled guilty to one count of an Indictment that charged him with Transportation for Prostitution.       

The maximum penalty upon conviction is 10 years in prison, a $250,000 fine, and restitution.

In November 2013, Roberts traveled from Milwaukee to Sioux Falls and brought two women with him to engage in prostitution.  Police discovered Roberts’ involvement after he placed advertisements on the Internet for prostitution.

The investigation was conducted by the Sioux Falls Police Department and the Federal Bureau of Investigation.  The case is being prosecuted by Assistant U.S. Attorney Jeffrey C. Clapper.

A presentence investigation was ordered and a sentencing date was set for November 3, 2014.  The defendant was remanded to the custody of the U.S. Marshals Service pending sentencing. 

United States Attorney Brendan V. Johnson announced that a Lake Andes, South Dakota, man convicted of Aggravated Sexual Abuse of a Child was sentenced on August 11, 2014, by U.S. District Judge Roberto A. Lange.

Sylvan Godfrey, age 51, was sentenced to 360 months of custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Godfrey was indicted by a federal grand jury on July 17, 2013.  He was found guilty of the above charge as a result of a federal jury trial in Pierre, South Dakota, on May 28, 2014. 
         
At some point between May 2006 and November 2007, Godfrey sexually abused a girl who was under 12 years of age.
         
This case was investigated by the Federal Bureau of Investigation.  Assistant U.S. Attorney Timothy M. Maher prosecuted the case.
         
Godfrey was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that a Selby, South Dakota, man has been indicted by a federal grand jury for Sexual Exploitation of a Child and Distribution of Material Involving the Sexual Exploitation of Minors.

Christopher R. Jansen, age 34, was indicted on August 13, 2014.  He appeared before U.S. Magistrate Judge Mark A. Moreno on August 19, 2014, and pled not guilty to the Indictment.

For Sexual Exploitation of a Child, Count 1, the maximum penalty upon conviction is up to 30 years in custody, with a mandatory minimum of 15 years in custody, and/or a $250,000 fine, up to life of supervised release, and $100 to the Federal Crime Victims Fund.  For Distribution of Material Involving the Sexual Exploitation of Minors, Count 2, the maximum penalty upon conviction is up to 20 years in custody, with a mandatory minimum of 5 years in custody, and/or a $250,000 fine, up to life of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered. 

Count 1 alleges that between June 2011 and December 2013, Jansen used a minor to produce visual depictions of sexually explicit conduct.  Count 2 alleges that between December 2013 and July 2014, Jansen knowingly distributed visual depictions of a minor engaged in sexually explicit conduct. 

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

The investigation is being conducted by the Federal Bureau of Investigation, the South Dakota Division of Criminal Investigation, with assistance from the Walworth County Sheriff’s Office and the Mobridge Police Department.  Assistant U.S. Attorney Tim Maher and Keith Becker, a Trial Attorney with the Child Exploitation and Obscenity Section of the Department of Justice, are prosecuting the case.   

Jansen was remanded to the custody of the U.S. Marshals Service pending further hearings.  A trial date has been sent for October 21, 2014.

United States Attorney Brendan V. Johnson announced that a Porcupine, South Dakota, woman convicted of Assault by Striking, Beating or Wounding was sentenced on August 4, 2014, by U.S. Magistrate Judge Veronica L. Duffy.

Cheryl Lynn Cross, age 24, was sentenced to 1 year of probation and was ordered to pay a $25 special assessment to the Federal Crime Victims Fund. 
         
In August 2013, at Porcupine, Cross punched and scratched a minor child in the face. 
         
The investigation was conducted by the Bureau of Indian Affairs Office of Justice Services and the Oglala Sioux Tribe Department of Public Safety.  The case was prosecuted by Assistant U.S. Attorney Sarah B. Collins.         

United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, man has been indicted by a federal grand jury for Abusive Sexual Contact.

Edwin Grass, Sr., age 29, was indicted on January 22, 2014.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on August 6, 2014, and pled not guilty to the Indictment.

The maximum penalty upon conviction is 2 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 charge relates to Grass knowingly engaging in sexual contact with a female on June 2, 2013, at Pine Ridge, without the woman’s permission.

The charge is merely an accusation and Grass 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.

Grass was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has been set for October 14, 2014.     

United States Attorney Brendan V. Johnson announced that Esteban Chavez-Cruz, age 51, of Heron Lake, Minnesota, was found guilty of Conspiracy to Distribute 500 Grams or More of Methamphetamine as a result of a federal jury trial in Sioux Falls, South Dakota.  The trial began on August 12 and concluded on August 13, 2014.

The charge carries a mandatory minimum penalty of 10 years in custody and/or a $10 million fine, a mandatory minimum of 5 years of supervised release up to life, and a $100 special assessment to the Federal Crime Victims Fund.  
 
Chavez-Cruz was indicted by a federal grand jury on February 4, 2014. 
         
A search warrant was served on Chavez-Cruz’s Heron Lake residence on January 23, 2014. Approximately four pounds of crystal methamphetamine, approximately five pounds of marijuana, a stolen shotgun, other firearms and ammunition, and approximately $49,000 in cash were found in holes under the floorboards in the bedroom.  Chavez-Cruz was selling methamphetamine to co-conspirators who sold it in South Dakota and elsewhere.
         
This case was investigated by the Minnesota Bureau of Criminal Apprehension, the Jackson County, Minnesota Sheriff’s Office, the South Dakota Division of Criminal Investigation, and the U.S. Drug Enforcement Administration.  Assistant U.S. Attorneys John E. Haak and Jennifer D. Mammenga prosecuted the case.
         
A presentence investigation was ordered and a sentencing date was set for November 3, 2014.  The defendant was remanded to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that a Little Eagle, South Dakota, woman convicted of Assault with a Dangerous Weapon was sentenced on August 4, 2014, by U.S. District Judge Charles B. Kornmann.

Verinda Red Legs, age 30, was sentenced to 18 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
         
Red Legs was indicted by a federal grand jury on November 14, 2013. She pled guilty on May 12, 2014.
         
The conviction stems from an incident on October 18, 2013, when following a night of drinking, Red Legs got into an argument with her husband, the victim, at their home.  Red Legs chased the victim around the house and stabbed him in the abdomen.  Red Legs then fled the area and law enforcement was called. 
         
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.
         
Red Legs was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that a Little Eagle, South Dakota, man convicted of Domestic Assault by an Habitual Offender was sentenced on August 4, 2014, by U.S. District Judge Charles B. Kornmann.

Gary Little Bird, Jr., age 35, was sentenced to 30 months of custody, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
         
Little Bird was indicted by a federal grand jury on March 11, 2014.  He pled guilty to the Indictment on May 19, 2014.
         
The conviction stems from an incident on February 13, 2014, when Little Bird called the Bureau of Indian Affairs to let them know he had assaulted his girlfriend.  An officer was dispatched to their home, where she noticed swelling and cuts to the victim’s lips, as well as dried blood around her nose and mouth.  At the time of this incident, Little Bird had four prior convictions in Standing Rock Sioux Tribal Court, which would have been, if subject to federal jurisdiction, assaults against a spouse or intimate partner.
         
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.
         
Little Bird was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse of a Minor and Making False Statement to a Federal Agency.

Luke Two Eagle, age 19, was indicted on July 15, 2014.  He appeared before U.S. Magistrate Mark A. Moreno on August 1, 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, up to life of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about April 10, 2014, and April 30, 2014, Two Eagle engaged in a sexual act with a minor who had not attained the age of 16.  On May 1, 2014, Two Eagle told a federal officer that the victim had left his residence, when he in fact knew this statement was not true.

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

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

Two Eagle was released on bond pending trial.  A trial date has been set for September 23, 2014.

United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota, man convicted of Possession With Intent to Distribute a Controlled Substance was sentenced on August 11, 2014, by Judge Karen E. Schreier.

Denardo LaVelle Cunningham, age 40, was sentenced to 41 months in custody, three years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
         
Cunningham was indicted by a federal grand jury on October 8, 2013, for Possession With Intent to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person. He pled guilty to Possession With Intent to Distribute a Controlled Substance on May 12, 2014.
         
At the time of his arrest, Cunningham was found with over 200 bags of heroin packaged for resale.
         
This case was investigated by the Sioux Falls Area Drug Task Force, Sioux Fall Police Department, South Dakota Division of Criminal Investigation, Drug Enforcement Administration, and Bureau of Alcohol, Firearms, Tobacco, and Explosives.  Special Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.

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.

Jeffrey Jandreau, age 35, was indicted on July 15, 2014.  He appeared before U.S. Magistrate Judge Mark A. Moreno on August 1, 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 supervised release of 5 years up to life, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between June 25, 2014, and July 1, 2014, Jandreau knowingly failed to register and update his registration.

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

The investigation is being conducted by the U.S. Marshals Service.  Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.   

Jandreau 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 Parmelee, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.

Franklin Running Horse, age 48, was indicted on July 15, 2014.  He appeared before U.S. Magistrate Mark A. Moreno on July 31, 2014, and pled not guilty to the Indictment.

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

The Indictment alleges that on or about April 10, 2014, in Todd County, Running Horse assaulted the victim with a dangerous weapon, that is, shod feet, and the assault resulted in serious bodily injury.

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

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

Running Horse was remanded to the custody of the U.S. Marshal’s Service pending trial.  A trial date has not been set.

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

Misty Swalley, age 24, was indicted on July 15, 2014.  She appeared before U.S. Magistrate Mark A. Moreno on July 31, 2014, and pled not guilty to the Indictment.

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

The Indictment alleges that on or about June 25, 2014, in Todd County, Swalley assaulted the victim with a dangerous weapon, that is a sharp edged instrument, and the assault resulted in serious bodily injury.

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

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

Swalley was remanded to the custody of the U.S. Marshal’s Service pending trial.  A trial date has not been set.

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

Santana Drapeau, age 22, was indicted on July 15, 2014.  He appeared before U.S. Magistrate Judge Mark A. Moreno on August 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 $300 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about May 18, 2014, Drapeau unlawfully assaulted an adult female victim by strangling and suffocating her.  Drapeau also unlawfully committed a domestic assault upon the same victim when he had a final conviction, on at least two separate prior occasions for offenses that would have been, if subject to federal jurisdiction, an assault against a spouse or intimate partner.

The charges are merely accusations and Drapeau 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.   

Drapeau 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 Cherry Creek, South Dakota, man has been indicted by a federal grand jury for Possession of a Sawed-Off Shotgun and Assault with a Dangerous Weapon.

Kelly Joe Romero, age 26, was indicted on July 17, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 30, 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.

Romero is alleged to have pulled and pointed a sawed-off shotgun at the victim in Cherry Creek in May of 2013.  

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

The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant U.S. Attorney Mikal Hanson is prosecuting the case.   

Romero was remanded to the custody of the U.S. Marshals Service.  Trial has not been set.

United States Attorney Brendan V. Johnson announced that the following five men have been arrested and federally indicted as a result of a sex trafficking undercover operation conducted during the 2014 Sturgis Motorcycle Rally, which ended August 9, 2014.  All five men were indicted for Commercial Sex Trafficking and all are from out-of-state.

• Robert Clyde, age 65, of Fayetteville, North Carolina.
• Walter Curaba, age 44, of Glendora, California.
• Timithy Fielding, age 50, of Centerville, Pennsylvania.
• Phillip Holden, age 23, of Broken Bow, Nebraska.
• Alexandros Thymaras, age 32, of Calgary, Canada.

The arrests were a result of investigations by the South Dakota Internet Crimes Against Children Task Force. All of the defendants allegedly negotiated with law enforcement agents posing as pimps, and agreed to pay for sex with underage girls ranging from 12-15 years of age.

All five of the federal defendants are in the custody of the U.S. Marshals Service and made an initial appearance before a U.S. Magistrate Judge in Rapid City on August 12, 2014. 

The crime of Commercial Sex Trafficking carries a mandatory minimum sentence of 10-15 years in prison up to a life maximum, and/or a $250,000 fine. The mandatory minimum prison sentence is determined by the age of the victim.

The charges are merely accusations and the defendants are presumed innocent until and unless proven guilty.

The undercover operation and arrests were a joint effort between the South Dakota Division of Criminal Investigation, the Meade County State’s Attorney’s office, Meade County Sheriff’s Office, Federal Bureau of Investigation, Rapid City Police Department, and the Pennington County Sheriff’s Office.  Assistant U.S. Attorney Sarah Collins is prosecuting the cases.

United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on July 28, 2014, by U.S. District Judge Roberto A. Lange.

Rigoberto Ortiz, age 45, was sentenced to 84 months in custody, a $100 special assessment to the Federal Crime Victims Fund, and forfeiture of a .45 caliber Glock.

Ortiz was indicted by a federal grand jury on February 12, 2014, for First Degree Burglary, Assault with a Dangerous Weapon, Use of a Firearm During a Crime of Violence, and Possession with Intent to Distribute a Controlled Substance.  He pled guilty to Assault with a Dangerous Weapon on May 13, 2014.

The conviction arose from a December 2013 incident when Ortiz went to the house where the two victims were present, proceeded to pound and kick at the door, and then fired a shot outside the house.  The Defendant later returned to the residence, where he again pounded and kicked at the door and then fired a second shot.  After forcing the door open, Ortiz entered the residence and held his weapon to the first victim’s neck/throat and then to the second victim’s forehead.

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

Ortiz was remanded to the custody of the U.S. Marshals Service to begin serving his sentence.

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

Loren Lee Goodlow, a/k/a Loren Goodlow, Jr., age 25, was indicted on July 15, 2014.  He appeared before U.S. Magistrate John E. Simko on July 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, 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 June 11, 2014, Goodlow assaulted an adult male victim with a dangerous weapon, resulting in serious bodily injury.  The charge is merely an accusation and Goodlow is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Federal Bureau of Investigation, and the Bureau of Indian Affairs, Lower Brule Agency.  Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.   

Goodlow 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 has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.

Joseph Thompson, age 23, was indicted on July 15, 2014.  He appeared before U.S. Magistrate John E. Simko on July 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, 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 May 3, 2014, Thompson assaulted an adult male victim with a dangerous weapon, resulting in serious bodily injury. 

The charge is merely an accusation and Thompson is presumed innocent until and unless proven guilty. 
The investigation is being conducted by the Bureau of Indian Affairs, Lower Brule Agency.  Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.   

Thompson 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 Selby, South Dakota, man has been charged by Criminal Complaint with the offenses of Sexual Exploitation of a Child and Distribution of Material Involving the Sexual Exploitation of Minors.

Christopher R. Jansen, age 34, made his initial appearance upon the Criminal Complaint on Monday, August 11, 2014, and appeared before U.S. Magistrate Mark A. Moreno.

For Sexual Exploitation of a Child, Count 1, the maximum penalty upon conviction is up to 30 years in custody, with a mandatory minimum of 15 years in custody and/or a $250,000 fine, up to life of supervised release, and $100 to the Federal Crime Victims Fund. For Distribution of Material Involving the Sexual Exploitation of Minors, Count 2, the maximum penalty upon conviction is up to 20 years in custody, with a mandatory minimum of 5 years in custody and/or a $250,000 fine, up to life of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered. 

Count 1 alleges that between June 2011 and December 2013, Jansen used a minor to produce visual depictions of sexually explicit conduct.  Count 2 alleges that between December 1, 2013 and July 27, 2014, Jansen knowingly distributed visual depictions of a minor engaged in sexually explicit conduct. 

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

The investigation is being conducted by the Federal Bureau of Investigation and the South Dakota Division of Criminal Investigation, with assistance from the Walworth County Sheriff’s Office and the Mobridge Police Department. Assistant U.S. Attorney Tim Maher and Keith Becker, a Trial Attorney with the Child Exploitation and Obscenity Section of the Department of Justice, are prosecuting the case.   

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

United States Attorney Brendan V. Johnson announced that a Belle Fourche, South Dakota, man convicted of Commercial Sex Trafficking was sentenced on July 22, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.

James Eugene Larive, Jr., age 43, who was convicted following a federal jury trial in Rapid City in April, was sentenced to 10 years in custody, 8 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. Larive was one of nine men who were arrested and federally indicted as a result of an undercover sex trafficking operation conducted during the 2013 Sturgis Motorcycle Rally, targeting persons willing to pay to have sex with underage girls obtained through the Internet. All nine men were indicted for Commercial Sex Trafficking.
       
The conviction stemmed from Larive responding to a Craigslist.com advertisement posted by Division of Criminal Investigation undercover agents, which purported to offer young girls for sex. Following several emails with a person Larive believed to be associated with a 15-year old girl, but who was in fact an undercover agent, he proceeded to negotiate the time and place they would meet, along with the price he would pay, which was the trade of an expensive smart phone.
         
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. Attorney Sarah Collins prosecuted the case.
         
Larive was immediately turned over to the custody of the U.S. Marshal's Service.  

United States Attorney Brendan V. Johnson announced that a Wounded Knee, South Dakota, man convicted of Larceny was sentenced on July 30, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Eugene Hunts Horses, Jr., a/k/a Eugene Hunts Horse, age 43, was sentenced to 1 year of probation, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund and restitution in the amount of $2,200.
         
Hunts Horses was indicted for Larceny by a federal grand jury on February 19, 2014.  He pled guilty on March 28, 2014.
         
The conviction stemmed from Hunts Horses and another man shooting a pregnant cow and killing it on February 9, 2013, near Manderson.
         
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.  Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.           

United States Attorney Brendan V. Johnson announced that a Wagner, South Dakota, woman convicted of Conspiracy to Distribute Methamphetamine was sentenced on July 28, 2014, by U.S. District Judge Karen E. Schreier.

Brandy Angela Waetermans, age 31, was sentenced to 151 months in custody, three years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
         
Waetermans was indicted for Conspiracy to Distribute Methamphetamine by a federal grand jury on December 3, 2013.  She pled guilty to the offense on April 29, 2014.
         
In 2013, Waetermans was involved in a conspiracy to distribute methamphetamine on the Yankton Sioux Reservation.  Waetermans sold methamphetamine to a confidential source, and after her arrest admitted to playing a significant role in the conspiracy.
         
This case was investigated by the Federal Bureau of Investigation, South Dakota Division of Criminal Investigation, Bureau of Indian Affairs, and the Charles Mix County Sheriff’s Office.  Special Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
         
Waetermans was remanded to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that a Porcupine, South Dakota, man convicted of Abusive Sexual Contact was sentenced on July 29, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Jaron Thunder Hawk, age 21, was sentenced to 96 months in custody, 6 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
         
Thunder Hawk was indicted for three charges of Aggravated Sexual Abuse by a federal grand jury on January 22, 2014.  He pled guilty to the charge of Abusive Sexual Contact on April 3, 2014.
         
The conviction stems from Thunder Hawk having abusive sexual contact with young female relatives between January and August 2013 near Porcupine.
         
This case was investigated by the Federal Bureau of Investigation.  Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
         
Thunder Hawk was immediately turned over to the custody of the U.S. Marshals Service.       

United States Attorney Brendan V. Johnson announced that a Fort Yates, North Dakota, man convicted of Abusive Sexual Contact of a Minor was sentenced on July 28, 2014, by U.S. District Judge Charles B. Kornmann.

Cecil White Bull, age 41, was sentenced to 20 years in custody, 10 years of supervised release, a $15,000 fine, and a $300 special assessment to the Federal Crime Victims Fund.
         
White Bull was indicted by a federal grand jury on July 17, 2013.  He pled guilty on April 22, 2014.
         
The conviction stems from incidents which occurred between November 1, 2009, and October 31, 2011, when White Bull, while residing at his mother’s house in Bullhead, sexually abused his nieces and nephew, while he helped care for all three victims.
         
This case was investigated by the Federal Bureau of Investigation.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.
         
White Bull was immediately turned over to the custody of the U.S. Marshals Service.

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

Tyler Red Eagle, age 22, was sentenced to 10 months in custody, 1 year of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
         
Red Eagle was indicted for First Degree Burglary, Assault with a Dangerous Weapon, and Assault Resulting in Serious Bodily Injury by a federal grand jury on March 11, 2014.  He pled guilty to Misprision of a Felony on May 13, 2014.
         
The conviction stems from an incident that took place on July 2, 2013, when Red Eagle’s co-defendants broke into the victim’s home and struck the victim repeatedly with their hands and objects.  Red Eagle was present when the assault occurred.  After the assault, Red Eagle concealed the assault from tribal and federal law enforcement officers.
 
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorneys Marie H. Ruettgers and Tim Maher prosecuted the case.

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

United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on July 28, 2014, by U.S. Magistrate Judge Mark A. Moreno.

Marlow Poor Thunder, age 19, was sentenced to 47 months in custody, 2 year of supervised release, $1,135.80 in restitution, and a $100 special assessment to the Federal Crime Victims Fund.
         
Poor Thunder was indicted for First Degree Burglary, Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury by a federal grand jury on March 11, 2014.  He pled guilty to Assault Resulting in Serious Bodily Injury on May 12, 2014.
         
The conviction stems from an incident that took place on July 2, 2013, when Poor Thunder assaulted the victim while he was asleep, hitting him with a bat while others assaulted the victim with their fists and a cane.  As a result of Poor Thunder’s actions, the victim suffered a large laceration to his scalp that required staples to repair.
         
This case was investigated by Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorneys Marie H. Ruettgers and Tim Maher prosecuted the case.
         
Poor Thunder was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that a Howes, South Dakota, man charged with Unlawful Taking of a Bald Eagle pled guilty to the charge and was sentenced on July 31, 2014, by U.S. Magistrate Veronica L. Duffy.

Cody M. Weyer, age 42, was sentenced to 1 year probation, a $500 fine, $10,000 in restitution, and $25 to the Federal Crime Victims Fund.

The conviction stems from an incident that took place on January 21, 2014, when a South Dakota Game Fish and Parks officer responded to a complaint of dead deer in a particular area of Meade County.  While searching for the dead deer, the officer found a dead mature bald eagle in a bull pasture leased by Weyer.  During the course of the investigation Weyer was interviewed and admitted to killing the eagle.

The investigation was conducted by the U.S. Fish and Wildlife Service.  The case was prosecuted by Assistant U.S. Attorney Meghan N. Dilges. 

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

Frank Facinelli, age 43, was indicted on July 15, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 1, 2014, and pled not guilty to the Indictment.

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

The charges relate to Facinelli's alleged possession of ammunition following multiple felony convictions. The charges are merely an accusation and Facinelli is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant U.S. Attorney Jay Miller is prosecuting the case.   

Facinelli 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 convicted of Failure to Register as a Sex Offender was sentenced on July 29, 2014, by U.S. District Judge Roberto A. Lange.

Denver Spotted Horse, age 31, was sentenced to 24 months of custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
         
Spotted Horse was indicted for Failure to Register as a Sex Offender by a federal grand jury on March 11, 2014. He pled guilty to the Indictment on May 12, 2014.
         
Spotted Horse had a prior sexual assault conviction in Minnesota and knew that under the Sex Offender Registration and Notification Act he needed to register his new address if he moved into, entered, or resided in Indian country. Between July 1, 2013, and March 11, 2014, Spotted Horse was living near Eagle Butte on the Cheyenne River Sioux Indian Reservation and he knowingly failed to register and update his registration.
         
This case was investigated by the U.S. Marshals Service and the Cheyenne River Sioux Tribe Law Enforcement Service. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
         
Spotted Horse was remanded to the custody of the U.S. Marshals Service to begin serving his sentence.

United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of Assaulting, Resisting, Opposing, and Impeding a Federal Officer was sentenced on July 28, 2014, by U.S. District Judge Roberto A. Lange.

John Willard Arcoren, III, a/k/a Smokey Arcoren, age 33, was sentenced to 16 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
         
Arcoren was indicted for Assaulting, Resisting, Opposing, and Impeding a Federal Officer by a federal grand jury on February 12, 2014.  He pled guilty on May 12, 2014.
         
The conviction stems from an incident that took place on January 11, 2014, when Arcoren assaulted a federal officer by bending and putting pressure on the officer’s arm and elbow while the officer was face down on the ground.
         
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Tim Maher prosecuted the case.
         
Arcoren was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that a Little Eagle, South Dakota, man convicted of Domestic Assault by a Habitual Offender was sentenced on July 28, 2014, by U.S. District Judge Charles B. Kornmann.  

Anthony Bobtail Bear, Jr., age 34, was sentenced to 60 months of custody and 3 years of supervised release for a December 2013 incident.  Bobtail Bear also received 77 months of custody and 3 years of supervised release for a February 2014 incident.  The sentences and supervised releases are to be served concurrently.  Bobtail Bear is also to pay $200 special assessment to the Federal Crime Victims Fund.
         
Bobtail Bear was indicted by a federal grand jury on February 12, 2014, and March 11, 2014.  He pled guilty to both charges on April 22, 2014.
         
The first conviction stems from an incident on December 3, 2013, when the Bureau of Indian Affairs was advised of a 911 domestic abuse call in McLaughlin.  An officer responded to the call and spoke with an adult female victim and her mother who informed the officer that Bobtail Bear and the female victim were arguing in a back bedroom of the house.  Bobtail Bear started jerking the victim’s arm, punching her in the stomach and throwing her on the bed. 
         
The other conviction stems from an incident which occurred on February 26, 2014, when a Bureau of Indian Affairs was dispatched to the IHS hospital in Fort Yates, North Dakota.  The officer made contact with an adult female victim who appeared to have a chunk of her lower lip missing.  She also had a swollen eye and bruises on her face.  The victim informed the officer that she had had a fight with her boyfriend, Bobtail Bear, when she informed him she wanted to leave and go to her cousin’s house in McLaughlin.  When the victim attempted to use the phone, Bobtail Bear pushed her down, causing her to hit her head on the edge of a coffee table.  Bobtail Bear also hit her several times with an open hand on the left side of the face. 
         
At the time of these incidents, Bobtail Bear had four final judgments of conviction in Standing Rock Sioux Tribal Court for offenses that would have been, if subject to federal jurisdiction, an offense against a spouse or intimate partner.
         
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency.  Assistant U.S. Attorney Troy R. Morley prosecuted the cases.
         
Bobtail Bear was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that a Lantry, South Dakota, man convicted of Involuntary Manslaughter was sentenced on July 28, 2014, by U.S. District Judge Roberto A. Lange.

Charg Hebb, age 20, was sentenced to 1 year and 1 day of custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
         
Hebb was indicted for Involuntary Manslaughter by a federal grand jury on February 13, 2013.  He pled guilty to Involuntary Manslaughter on April 15, 2014.
         
The conviction arose from an incident on October 12, 2012, on County Road 50 near Lantry, on the Cheyenne River Sioux Indian Reservation, when Hebb caused a car crash that killed a young man who was a passenger in his vehicle.  Hebb was driving his 2005 Pontiac Bonneville in excess of the speed limit, driving recklessly and on the wrong side of the road, causing a head-on collision with a 2001 Chevrolet Blazer.  Two people in the Blazer were also seriously injured.
         
This case was investigated by the Federal Bureau of Investigation, the South Dakota Highway Patrol, and the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
         
Hebb was ordered to self-surrender to the U.S. Marshals Service on August 12, 2014, to begin serving his sentence.

United States Attorney Brendan V. Johnson announced that a Little Eagle, South Dakota, man was acquitted on July 23, 2014, on one count of Assault with a Dangerous Weapon and one count of Domestic Assault by a Habitual Offender as a result of a federal jury trial in Pierre, South Dakota.

Leon White was indicted by a federal grand jury on February 12, 2014.
         
The charges stemmed from events that were alleged to have occurred in December 2013.
         
The investigation was conducted by the Bureau of Indian Affairs, Standing Rock Agency.  The U.S. Attorney's Office prosecuted the case.

United States Attorney Brendan V. Johnson announced that two Eagle Butte, South Dakota, men have been indicted by a federal grand jury for Possession of Stolen Firearms.

Eugene Condon, age 35, and Robert McLane, age 29, were indicted on July 15, 2014.  They appeared before U.S. Magistrate Judge Mark A. Moreno and pled not guilty to the Indictment.

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

The Indictment alleges that in October 2013 in Eagle Butte, Condon and McLane knowingly and unlawfully received, possessed, sold and disposed of stolen firearms.  

The charges are merely an accusation and Condon and McLane are presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant U.S. Attorney Mikal Hanson is prosecuting the case.   

Condon and McLane were released on bond pending trial.  Trial has been set for September 23, 2014.

United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, woman and a Wanblee, South Dakota, man convicted of Conspiracy to Distribute Methamphetamine have been sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.  

Rani Bear Heels, age 24, was sentenced on July 18, 2014, to 41 months in custody, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Dana Provincial, age 36, was sentenced on July 21, 2014, to 16 months in custody, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
         
Bear Heels was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on December 17, 2013, and she pled guilty on April 11, 2014. 
         
Provincial was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on November 19, 2013, and he pled guilty on March 20, 2014.
         
From August 2009 through 2013, Bear Heels and Provincial received and conspired to distribute methamphetamine from individuals, including Angel Provincial, Shy Bettelyoun, Clinton Provincial, Robert Provincial, and Diana Bald Eagle, around the Pine Ridge Indian Reservation in South Dakota.
         
The investigation was conducted 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.
         
Bear Heels and Provincial were 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 convicted of Larceny was sentenced on July 22, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.

George Ecoffey, a/k/a Richard Daniel Ecoffey, age 52, was sentenced to 3 years of probation, a $100 special assessment to the Federal Crime Victims Fund, and restitution in the amount of $2,200.
         
Ecoffey was indicted for Larceny by a federal grand jury on February 19, 2014.  He pled guilty on March 28, 2014.
         
The charge related to Ecoffey and another man shooting a pregnant cow and killing it on February 9, 2013, near Manderson.
         
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.  Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.                    

United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Possession of a Firearm and Ammunition by a Prohibited Person, Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and Using and Carrying a Firearm during and in Relation to a Crime of Violence.

Vernon Robert Schmidt, a/k/a Sonny Bob Schmidt, age 28, was indicted on July 15, 2014.  He appeared before U.S. Magistrate Mark A. Moreno on July 18, 2014, and pled not guilty to the Indictment.

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

The Indictment alleges that on or about May 26, 2014, in Todd County, Schmidt assaulted two victims with a dangerous weapon, that is, a 9mm pistol, and the assault resulted in serious bodily injury to one of the victims.  At the time of the assault, Schmidt, having previously been convicted of a crime punishable for a term of imprisonment exceeding one year, knowingly possessed a firearm and ammunition, and did so during and in relation to a crime of violence.

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

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

Schmidt 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 has been indicted by a federal grand jury for Robbery of Mail.

Elmer LaRoche, age 27, was indicted on July 15, 2014.  He appeared before U.S. Magistrate Judge Mark A. Moreno on July 22, 2014, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 25 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 May 27, 2014, LaRoche assaulted a U.S. postal employee who has lawful charge, custody and control of United States mail and other property of the United States, with intent to rob mail and other property. In doing so, LaRoche put the life of the employee in jeopardy by the use of a dangerous weapon.

The charge is merely an accusation 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 a Hill City, South Dakota, man convicted of Conspiracy to Distribute Methamphetamine was sentenced on July 17, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Hugo Arechiga-Torres, age 33, was sentenced to 100 months in custody, 10 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
         
Arechiga-Torres was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on April 4, 2012, and he pled guilty on January 3, 2014.
         
Beginning in June 2010 until April 4, 2012, Arechiga-Torres received pound quantities of methamphetamine in South Dakota.  During that time, Arechiga-Torres and the individuals supplying and transporting the methamphetamine conspired and agreed with others to distribute more than 500 grams of methamphetamine in South Dakota. 
    
This case was investigated by the U.S. Immigration and Customs Enforcement's Homeland Security Investigations, Drug Enforcement Administration, South Dakota Division of Criminal Investigation, Minnesota Bureau of Criminal Apprehension, Sioux Falls Area Drug Task Force, and the Unified Narcotics Enforcement Team.  Assistant U.S. Attorney Ted L. McBride prosecuted the case.

Arechiga-Torres was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that four individuals convicted of Conspiracy to Commit Theft Concerning Programs Receiving Federal Funds or Theft Concerning Programs Receiving Federal Funds have been sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court.

The last defendant to be sentenced was Wayne Wilson Cortier, age 45, of Pine Ridge.  He was sentenced on July 21, 2014, to 1 year of probation, and was ordered to make restitution of $27,620, $25,550 of which is joint and several with co-defendant Samone Milk.

Heather Marie Garcia, age 31, and Joe Marquios Garcia, age 35, both of Pine Ridge, were sentenced on June 30, 2014.  Heather Garcia was sentenced to 5 years of probation.  Joe Garcia was sentenced to 15 months in custody, to be followed by 3 years of supervised release.  Both were ordered to make restitution of $83,585, jointly and severally with Milk.

Samone Darla Milk, age 33, of Martin, was sentenced on May 6, 2014, to 14 months in custody, to be followed by 3 years of supervised release.  She was ordered to make restitution of $109,135.

“I commend the Department of Health and Human Services, Office of Investigations for their diligent work in this case.  The theft of federal funds is serious in any case, but is even more significant in situations like this where it impacts people who rely on these programs for some of their basic needs,” said U.S. Attorney Johnson.

On October 8, 2013, a federal grand jury indicted Milk, Heather Garcia, Joe Garcia, and Cortier for Conspiracy to Commit Theft Concerning Programs Receiving Federal Funds.  Additionally, Milk was also indicted for two counts of Theft Concerning Programs Receiving Federal Funds, and Heather Garcia, Joe Garcia, and Cortier were indicted on one count of that same charge.  Milk pled guilty to the conspiracy charge on January 3, 2014.  Cortier pled guilty to the theft charge on March 12, 2014.  Heather Garcia pled guilty to the theft charge and Joe Garcia pled guilty to the conspiracy charge on March 13, 2014.  The other charges for all four individuals were dismissed.  

From May through December 2009, Milk and her co-conspirators formed an agreement to steal funds belonging to the Oglala Sioux Tribe.  Milk was the executive secretary for the Tribe’s Energy/Low Income Home Energy Assistance Program (LIHEAP).  Heather Garcia was employed by the Tribe’s Accounts Payable Department as a technician.  Joe Garcia and Cortier were contractors for the Tribe.  Using their positions, Milk and Heather Garcia drafted fake invoices and quotes for contract work purportedly to be completed by Joe Garcia and Cortier.  Milk facilitated the processing of these documents through the Energy/LIHEAP program.  Checks were issued by the Tribe’s Treasurer’s Office to pay for the fraudulent invoices.  Milk and her co-conspirators received the checks, cashed them, and divided the funds among themselves to use for their own purposes. 

Gerald T. Roy, Special Agent in Charge, Health and Human Services/Office of Inspector General, Office of Investigations, Kansas City, MO, stated, “Individuals who choose to misappropriate HHS funds intended for those in dire need will continue to be pursued by the OIG and their law enforcement partners.”

This case was investigated by the HHS/OIG, Office of Investigations.  Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.

Milk was ordered to turn herself in to the U.S. Marshals Service on or before May 27, 2014.  Joe Garcia was remanded to the custody of the U.S. Marshals Service.

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

Shilo Hill, a/k/a Shilo Robideau, age 18, was indicted on July 15, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 22, 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 $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

Hill is alleged to have unlawfully entered or remained in an Eagle Butte home to steal two firearms, which he then possessed for a period of time.  The charges are merely an accusation and Hill is presumed innocent until and unless proven guilty.

The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.   

Hill was released on bond to await trial.  Trial has been set for September 23, 2014.