District of South Dakota

United States Attorney Brendan V. Johnson announced that an Elma, Washington, man has been indicted by a federal grand jury for Conspiracy to Distribute and Possess with Intent to Distribute a Controlled Substance.

Bruce Gerald Cole, age 47, was indicted on August 22, 2012.  He appeared before U.S. Magistrate Judge Mark A. Moreno on July 16, 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.

On or about between May 1, 2009, and June 5, 2009, in the District of South Dakota and elsewhere, Cole did conspire with others to distribute and possess marijuana.

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

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

Cole 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 three Pine Ridge, South Dakota, men were indicted by a federal grand jury on robbery, assault, and abusive sexual contact charges.

Wesley Running Shield, age 28; Michael Alford, age 32; and Lesley Running Shield, age 28, were indicted for offenses that occurred on two seperate occasions at Pine Ridge. 

The Running Shields and Alford were indicted for Robbery, Assault with a Dangerous Weapon, and Abusive Sexual Contact.  On June 10, 2014, the three stole cell phones from two individuals and assaulted them.  Wesley Running Shield and Alford also sexually assaulted a woman at that time.

Wesley Running Shield and Michael Alford were also indicted for Robbery, Assault with a Dangerous
Weapon, and Assault Resulting in Serious Bodily Injury relating to an incident occurring on June 12, 2014, when they assaulted a man and stole his car and money.

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

All three Defendants have appeared before U.S. Magistrate Judge Veronica L. Duffy and pled not guilty to the Indictments.  The maximum penalty upon conviction is 15 years’ imprisonment and/or a $250,000 fine, 5 years’ supervised release, and a $100 assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.

The investigations were conducted by the Bureau of Indian Affairs Office of Justice Services.   Assistant U.S. Attorney Sarah B. Collins is prosecuting the cases.  

The Running Shields and Alford were remanded to the custody of the U.S. Marshals Service pending trial, which has been set for September 16, 2014.                       

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

Kevin Two Eagle, age 30, was indicted on April 22, 2014.  He appeared before U.S. Magistrate Judge Mark A. Moreno on July 16, 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.

On or about January 16, 2014, in Todd County, Two Eagle unlawfully assaulted his dating partner and the assault resulted in serious bodily injury.

The charge is merely an accusation and Two Eagle 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.   

Two Eagle was released to a third party custodian pending trial.  A trial date has not been set.

United States Attorney Brendan V. Johnson announced that a Lake Andes, South Dakota, man convicted of Distribution of a Controlled Substance was sentenced on July 21, 2014, by U.S. District Judge Karen E. Schreier.

Michael Todd Andrews, age 42, was sentenced to 120 months in custody, three years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Andrews was indicted for Distribution of a Controlled Substance by a federal grand jury on December 3, 2013.  He pled guilty on April 28, 2014.
         
Andrews sold methamphetamine to a confidential source working with the Federal Bureau of Investigation (FBI) in Lake Andes in January 2013.
         
This case was investigated by the FBI, Bureau of Indian Affairs, South Dakota Division of Criminal Investigation, Charles Mix County Sherriff’s Office, and the Wagner Police Department.  Special Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
         
Andrews 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 Felon in Possession of Firearm was sentenced on July 14, 2014, by U.S. District Judge Roberto A. Lange.

Peter Leslie Coleman, a/k/a Perry Coleman, age 51, was sentenced to time served (47 days), 18 months of supervised release, a $250 fine, and a $100 special assessment to the Federal Crime Victims Fund.
         
Coleman was indicted by a federal grand jury on December 10, 2013.  He pled guilty on April 23, 2014.

The conviction stems from an incident on November 12, 2013, when a Bureau of Indian Affairs (BIA) Agent observed that Coleman failed to stop at a stop sign at an intersection within the exterior boundaries of the Crow Creek Indian reservation. A traffic stop was conducted and the agent observed Coleman move a rifle from the front passenger side of the vehicle to the floor board area behind the driver’s seat.  Coleman admitted he was hunting that morning, and knew he was prohibited from possessing a firearm.

The investigation revealed that Coleman was convicted of Possession with Intent to Distribute a Controlled Substance in U.S. District Court, District of South Dakota, on July 10, 1992, and was sentenced to 32 months in custody.     

This case was investigated by the BIA, Crow Creek Agency.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

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

Cleveland Buckman, age 37, was indicted on July 15, 2014.  He appeared before U.S. Magistrate Judge Mark A. Moreno on July 17, 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.

Buckman is alleged to have forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with a Cheyenne River Sioux Tribe law enforcement officer in June 2014 in Dupree.  The incident resulted in physical contact with and bodily injury to the law enforcement officer.

The charge is merely an accusation and Buckman 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.   

Buckman 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 Dupree, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child.

Christian Whiteman, age 20, was indicted on July 15, 2014.  He appeared before U.S. Magistrate Judge Mark A. Moreno on July 17, 2014, and pled not guilty to the Indictment.

The maximum penalty upon conviction is at least 30 years up to life in custody and/or a $250,000 fine, a minimum of 5 years up to life of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.  Restitution may also be ordered. 

The indictment alleges that between October 1, 2012, and May 29, 2013, Whiteman engaged in, or attempted to engage in, a sexual act with a child under the age of 12.  

The charge is merely an accusation and Whiteman 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.   

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

United States Attorney Brendan V. Johnson announced that a Chester, South Dakota, man has been charged with federal offenses of Possession of Migratory Birds and Lacey Act Violation by an Information filed June 2, 2014. 

Robert Masterson, Sr., age 53, pled guilty to and was sentenced on July 15, 2014, by U.S. Magistrate John E. Simko.  Masterson received 2 years of probation, a $3,000 fine, $5,025 in restitution, and a $35 special assessment to the Federal Crime Victims Fund.

The conviction stems from incidents that took place between January 1, 2013, and April 3, 2013, when Masterson was unlawfully selling wild game, specifically geese, which had been received under the auspice of the Sportsman Against Hunger Program.  Masterson, d/b/a/ Bob’s Custom Meat, held a Federal Fish and Wildlife Special Purpose Permit, authorizing him to receive and possess migratory birds, specifically geese, lawfully taken during the 2012 goose hunting seasons.  This permit specifically required that all geese received be donated to a not-for-profit distribution center and that any purchase, sale, barter, or trade of the migratory birds, or any parts of migratory birds, was illegal.

During the course of the investigation, Masterson illegally sold goose jerky on several occasions in early 2013.

The investigation was conducted by the U.S. Fish & Wildlife Service and the South Dakota Department of Game, Fish and Parks.  The case was prosecuted by Assistant U.S. Attorney Meghan N. Dilges. 

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.

Gerald Davis, a/k/a Jerry Davis, age 54, was indicted on March 18, 2014.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on July 14, 2014, and pled not guilty to the Indictment.

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

The charge relates to Davis failing to register as a convicted sex offender between September 6, 2013, and March 18, 2014, in South Dakota.

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

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

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

United States Attorney Brendan V. Johnson announced that a White River, South Dakota, man convicted of First Degree Burglary was sentenced on July 14, 2014, by U.S. District Judge Roberto A. Lange.

Christian Kelly, age 20, was sentenced to 12 months and 1 day of custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
         
Kelly was indicted for First Degree Burglary and Assault with a Dangerous Weapon by a federal grand jury on July 17, 2013.  He pled guilty to First Degree Burglary on April 23, 2014.
         
On May 10, 2013, Kelly and his co-defendant went to the victim’s home in Lower Swift Bear in Mellette County.  Once inside the house, Kelly found the victim asleep in a bedroom.  The victim awoke and Kelly and the victim began to argue.  Kelly remained inside the victim’s home without permission and punched and struck the victim several times before exiting the house.  Kelly drove away from the house before law enforcement officers arrived.
         
This case was investigated by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Marie H. Ruettgers prosecuted the case.
         
Kelly was remanded to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that a Vale, South Dakota, man charged with Lacey Act Violations pled guilty to and was sentenced on July 11, 2014, by U.S. Magistrate Veronica L. Duffy.

Glen Schummer, age 68, was sentenced to 1 year of unsupervised probation, $17,500 in restitution, a $500 fine, and a $10 special assessment to the Federal Crime Victims Fund.  Schummer is also prohibited from hunting for one year.

The conviction stems from an incident that took place on February 5, 2014, when a hawk was observed trapped in a pole trap on a property owned by Schummer in Meade County.  An investigation revealed that Schummer had 2 illegal pole traps on his property.  He used the traps to illegally trap and kill great-horned owls and various species of hawks.  Once the migratory birds were trapped, Schummer would either shoot and kill the birds, or club them, and then dispose of the birds by throwing them into the river on his property. Schummer admitted to trapping and killing at least 10 migratory birds, to include great-horned owls and hawks on his property for the last several years.

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 Sioux Falls, South Dakota, man convicted of Receipt of Child Pornography was sentenced on July 15, 2014, by U.S. District Judge Roberto A. Lange.

Avugwi Alvarez, age, 22, was sentenced to 168 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.  He must also register as a sex offender. 
         
Alvarez was indicted by a federal grand jury on June 12, 2013, for Distribution and Receipt of Material Involving the Sexual Exploitation of Minors and Possession of Child Pornography.  He pled guilty to Receipt of Child Pornography on January 13, 2014.
Alvarez operated with several aliases including: Clarence One Feather; Clarence NovaCane Edwards; “Baby.Gambo.Productions”; and “legionairesz.”
         
Between November 1, 2012, and January 7, 2013, as well as earlier times, Alvarez would use the Internet and computer devices to receive and possess images of child pornography.  At times using an alias, Alvarez actively bartered and traded for the child pornography.  Alvarez received numerous images of child pornography on different dates, and the images came into his possession from various locations, including locations in California.  The child pornography images were produced and transported via computers, cellular telephones, Facebook, and other online services.   

“The sentence handed down demonstrates that people who are involved in child pornography will face serious consequences. Sexual abuse of our children happens in many forms, and child pornography exploits children in some of the most humiliating and damaging ways,” said Johnson.  “I commend all of the law enforcement agencies involved in this investigation, as well as their aggressive pursuit of any case where the welfare of children is on the line.”
         
The investigation was conducted by the Federal Bureau of Investigation, South Dakota Division of Criminal Investigation, South Dakota Internet Crimes Against Children Task Force, Rosebud Sioux Tribe Law Enforcement Services, Bureau of Indian Affairs, Pennington County Sheriff’s Office, Rapid City Police Department, Sioux Falls Police Department, and the U.S. Marshals Service.  U.S. Attorney Brendan Johnson and Assistant U.S. Attorneys Tim Maher and Sarah Collins prosecuted the case.
         
Alvarez was immediately turned over to the custody of the U.S. Marshals Service.
         
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse.  Launched in May 2006 by the Department of Justice, and led by U.S. Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov. 

United States Attorney Brendan V. Johnson announced that a Minneapolis, Minnesota, man and two Mobridge, South Dakota, women have been indicted by a federal grand jury for Kidnapping and Assault with a Dangerous Weapon.

Clayton Montreal, age 27, Yvette Montreal, age 47, and Wyndee Sitting Dog, age 30, were indicted on April 15, 2014.  Yvette Montreal and Sitting Dog appeared before U.S. Magistrate Judge William D. Gerdes on May 1, 2014, and pled not guilty to the Indictment. Clayton Montreal appeared before U.S. Magistrate Judge William D. Gerdes on July 10, 2014, and also pled not guilty to the Indictment.

The maximum penalty upon conviction is up to life in custody and/or a $500,000 fine, 5 years of supervised release, and $200 each to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about March 25, 2014, the Defendants kidnapped and unlawfully assaulted a female adult victim with a dangerous weapon.

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

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

Clayton Montreal and Yvette Montreal were released on bond.  Sitting Dog was remanded to the custody of the U.S. Marshals Service pending trial which has been set for August 26, 2014.

United States Attorney Brendan V. Johnson announced that a Minneapolis, Minnesota, man and two Mobridge, South Dakota, women have been indicted by a federal grand jury for Kidnapping and Assault with a Dangerous Weapon.

Clayton Montreal, age 27, Yvette Montreal, age 47, and Wyndee Sitting Dog, age 30, were indicted on April 15, 2014.  Yvette Montreal and Sitting Dog appeared before U.S. Magistrate Judge William D. Gerdes on May 1, 2014, and pled not guilty to the Indictment. Clayton Montreal appeared before U.S. Magistrate Judge William D. Gerdes on July 10, 2014, and also pled not guilty to the Indictment.

The maximum penalty upon conviction is up to life in custody and/or a $500,000 fine, 5 years of supervised release, and $200 each to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about March 25, 2014, the Defendants kidnapped and unlawfully assaulted a female adult victim with a dangerous weapon.

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

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

Clayton Montreal and Yvette Montreal were released on bond.  Sitting Dog was remanded to the custody of the U.S. Marshals Service pending trial which has been set for August 26, 2014.

United States Attorney Brendan V. Johnson announced that a Wanblee, South Dakota, man charged with two counts of Simple Assault pled guilty to the charges and was sentenced on July 8, 2014, by U.S. Magistrate Judge Mark A. Moreno.

Lionel Between Lodges, age 26, was sentenced to 12 months of probation and a $20 assessment to the Federal Crime Victims Fund.

The conviction stems from an incident that took place in Eagle Butte on March 9, 2010, when Between Lodges unlawfully assaulted a male adult victim from Wanblee.

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

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.

Bradley Makes Room For Them, age 29, was indicted on April 22, 2014.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on July 7, 2014, and pleaded not guilty to the Indictment.

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

The charge relates to Makes Room For Them failing to register as a convicted sex offender between November 22, 2013, and April 22, 2014, in South Dakota.

The charge is merely an accusation and Makes Room For Them is presumed innocent until and unless proven guilty.

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

Makes Room For Them was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has been set for September 9, 2014.                                                

United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man charged with Assault by Striking, Beating, and Wounding and Simple Assault pled guilty to and was sentenced on July 7, 2014, by U.S. Magistrate Judge Mark A. Moreno.
 
Anthony Hero, age 29, was sentenced to 231 days in custody with credit for time served and $20 to the Federal Crime Victims Fund.

The conviction stems from an incident that took place between February 1, 2013, and February 2, 2013, when Hero and the victims were at a house party in Rosebud.  After leaving the party, Hero was in a vehicle when he had a disagreement with the two victims.  He assaulted both victims by striking and beating them.   

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

Hero was released from custody.

United States Attorney Brendan V. Johnson has announced that the Violent Crime and Human Trafficking Conference will be held on August 12, 13, and 14, 2014.  All sessions will be held at the Washington Pavilion - Mary W. Sommervold Hall, located at 301 S. Main Avenue in Sioux Falls, South Dakota.
         
The conference is co-sponsored by U.S. Attorney Timothy Q. Purdon, District of North Dakota, the Department of Justice Office for Victims of Crime, and Avera Health.
           
The first day, August 12, will focus on training for medical professionals, advocates, social workers, counselors, and others in the healthcare field.  U.S. Attorney Johnson will begin the conference by providing an overview of the history, current status, and future trends of human trafficking and sexual assault in South Dakota.  Additional training on the first day will include the perspective from providers, the patient’s needs, and the public’s responsibility.  
       
The remaining day and a half of the conference, August 13 and 14, is open to the public and will cover key topics, such as increases in human trafficking and other violence against women that is occurring in the North Dakota oil fields, Internet predators in the Dakotas, sexual assault in Indian country, family violence, and working with child victims of physical and sexual assault.  The conference will conclude at 12:00 noon on Thursday, August 14.   

The conference will feature speakers and sessions that have been specifically designed to highlight standards of compassionate care for victims of crime, and promote coordination of that care among healthcare providers, advocates, policy makers, and law enforcement. 
      
Among the featured speakers on August 13 will be Elizabeth Smart-Gilmour, a sexual abuse survivor, who was abducted from her bedroom in the family’s Salt Lake City home in 2002.  The keynote speaker on August 14 will be a victim from the Penn State University sex scandal that involved Jerry Sandusky, a former assistant football coach under the late Joe Paterno.

U.S. Attorney Johnson and U.S Attorney Purdon have made the prosecution of violent crimes and human trafficking top priorities in their districts.  The District of South Dakota has been involved in 23 sex trafficking cases since 2010.  In North Dakota, the recent “Operation Vigilant Guardian” sting led to sex trafficking charges against 14 defendants in western North Dakota.
      
The conference is free admission and is open to the public.  There is a $10 lunch fee for the August 12 Avera Health sessions.
      
For the full conference agenda and to register, please follow this link: http://www.avera.org/experience/avera-victim-witnesshuman-trafficking-conference

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

Shawn George, a/k/a Shaun George, age 38, was sentenced to 24 months in custody, 5 years of supervised release and a $100 special assessment to the Federal Crime Victims Fund.
         
George was indicted by a federal grand jury on February 19, 2014.  He pled guilty on March 24, 2014.

The conviction stems from an incident wherein George failed to register as a sex offender between February 2, 2014 and February 7, 2014.  George arrived in Pierre, South Dakota, on February 2, 2014, and had until February 6, 2014, to update his registration.  He failed to do so.  George had previously been convicted of a sex offense in federal court in Cortland County, New York, which requires him to register as a sex offender. 
         
The investigation was conducted by the U.S. Marshals Service.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case. 
         
George was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that an Alberton, Montana, man convicted of Possession with Intent to Distribute a Controlled Substance and Aiding and Abetting was sentenced on June 30, 2014, by U.S. District Judge Roberto A. Lange.  His accomplice, a Columbia, California, woman, was sentenced on the same charges on July 2, 2014, by U.S. District Judge Roberto A. Lange.

Claudio Puccio, age 47, was sentenced to 11 months in custody, 2 years of supervised release, a $1,000 fine, and a $100 special assessment to the Federal Crime Victims Fund.  Beth Swank, age 53, was sentenced to 10 months in custody, 2 years of supervised release, a $1,000 fine, and a $100 special assessment to the Federal Crime Victims Fund.
         
Puccio and Swank were indicted by a federal grand jury on January 15, 2014.  Puccio pled guilty on April 9, 2014, and Swank pled guilty on April 15, 2014.
         
The conviction stems from an incident on November 23, 2013, when a South Dakota Highway Patrol Trooper stopped Puccio and Swank for speeding.  After interviewing both passengers separately, the trooper had reason to believe the vehicle might contain drugs.  He deployed his service dog who alerted to the odor of drugs coming from the vehicle.  The trooper searched two suitcases and found vacuum sealed bags of suspected marijuana, pucks of suspected hashish, $55,340 in cash, and 11 cell phones.  The substances were tested and confirmed to be marijuana, with a weight of 11.726 pounds.  The pucks tested positive for hashish, with a weight of 1.4502 pounds.
         
This case was investigated by the Division of Criminal Investigation and the South Dakota Highway Patrol.  Assistant U.S. Attorney Jay Miller prosecuted the case.
         
Puccio and Swank were immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota, man convicted of Sexual Abuse of a Minor was sentenced on June 30, 2014, by U.S. District Judge Roberto A. Lange.

Gerald Duane Iron Shooter, age 21, was sentenced to 14 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
         
Iron Shooter was indicted by a federal grand jury on February 12, 2014. He pled guilty on April 1, 2014.
         
The conviction stems from an incident in January of 2012 when Iron Shooter was at a party with two other adult men.  Later in the evening, several underage girls, including the 13 year-old victim, joined the party.  The girls began to drink with the men.  During the party, the victim and Iron Shooter ended up in a bedroom where they had sexual intercourse.  Iron Shooter admitted knowing the age of the victim and that she was too young to engage in any type of sexual activity.
         
This case was investigated by the Bureau of Indian Affairs, Lower Brule Law Enforcement Agency.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
         
Iron Shooter was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that a Kenel, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse, Kidnapping, Assault with a Dangerous Weapon, Assault of a Spouse by Strangulation, and Domestic Assault by a Habitual Offender.

Denny Johnson, Sr., age 29, was indicted on June 17, 2014. He appeared before U.S. Magistrate Judge William D. Gerdes on June 30, 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, a mandatory minimum term of five years of supervised release, and up to $900 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between the timeframe of December 1, 2013, to January 10, 2014, Johnson caused an adult female to engage in sexual acts and placed her in fear that she would be subjected to death, serious bodily injury, and kidnapping; kidnapped and held the female victim against her will, for the purpose of assaulting her with dangerous weapons, that is shod feet and a knife with the intent to do bodily harm; assaulted the victim by strangling and suffocating her; and committed a domestic assault against the same female victim.  At the time of the domestic assault, Johnson had at least two separate prior convictions for assaults that were against a spouse or intimate partner.

The charges are merely accusations and Johnson 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.   

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

United States Attorney Brendan V. Johnson announced that a Wood, South Dakota, man convicted of Assault Resulting in Substantial Bodily Injury to an Individual Under Age 16 was sentenced on June 30, 2014, by U.S. District Judge Roberto A. Lange.

Elias James LaPointe, age 21, was sentenced to 33 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
         
LaPointe was indicted for Assault Resulting in Serious Bodily Injury and Child Abuse by a federal grand jury on January 15, 2014.  He pled guilty to Assault Resulting in Substantial Bodily Injury to an Individual Under Age 16 on March 31, 2014.
         
On October 23, 2013, LaPointe was caring for the victim at his home in Mellette County.  Approximately mid-morning, LaPointe assaulted the victim, causing a subdural hematoma, an injured jaw, a damaged pancreas, a bruised scrotum, and numerous other hematomas and injuries.  LaPointe did not seek medical treatment for the victim.  At approximately 2:30 p.m. the victim’s mother arrived home and took the victim to the doctor.  The victim was eventually taken to a Sioux Falls hospital.
         
This case was investigated by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Tim Maher prosecuted the case.
         
LaPointe was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on June 30, 2014, by U.S. District Judge Roberto A. Lange.

Phillip Little Hoop, age 32, was sentenced to 10 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
         
Little Hoop was indicted for Failure to Register as a Sex Offender by a federal grand jury on January 15, 2014.  He pled guilty to the charge on April 1, 2014.
         
The conviction relates to a period of time between September 1, 2013, and January 24, 2014, when Little Hoop, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under federal law, failed to update his registration.
         
This case was investigated by U.S. Marshals Service and the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Marie H. Ruettgers prosecuted the case.
         
Little Hoop 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 Misprision of a Felony was sentenced on June 30, 2014, by U.S. District Judge Roberto A. Lange.

Albert Kelly, II, age 51, was sentenced to 5 months of home confinement, 7 months of supervised release, a $500 fine, and a $100 special assessment to the Federal Crime Victims Fund.
         
Kelly was indicted for First Degree Burglary and Assault with a Dangerous Weapon by a federal grand jury on July 17, 2013.  He pled guilty to Misprision of a Felony on April 1, 2014.
         
On May 10, 2013, Kelly and his co-defendant went to the victim’s home in Lower Swift Bear on the Rosebud reservation.  Kelly’s co-defendant entered the victim’s home and assaulted the victim while Kelly remained outside.  After the assault, Kelly concealed the assault from tribal and federal law enforcement officers. 
         
This case was investigated by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Marie H. Ruettgers prosecuted the case.
         
Kelly was released to home confinement.

United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota, man convicted of Assault Resulting in Substantial Bodily Injury to a Spouse and Intimate Partner and Assault of a Minor Under the Age of 16 was sentenced on July 1, 2014, by U.S. District Judge Roberto A. Lange.

Glenn Tisdall, age 48, was sentenced to 15 months of custody on the Assault Resulting in Substantial Bodily Injury charge, and 12 months of custody on the Assault of a Minor charge.  The sentences are to run concurrently.  Tisdall was also sentenced to 2 years of supervised release and a $125 special assessment to the Federal Crime Victims Fund. 
         
Tisdall was indicted by a federal grand jury on January 15, 2014.  He pled guilty on April 10, 2014.

The conviction stems from an incident on October 24, 2013, when Tisdall got upset with his spouse.  He grabbed her by the hair and began slapping her in the face.  The juvenile victim came out of his bedroom to assist his mother.  Tisdall grabbed the juvenile’s shirt and then his jaw, and pushed him against the bathroom door frame.

Tisdall became increasingly angry.  He grabbed his wife by both her ears, pinned her on the couch, and head butted her in the forehead and face. Tisdall also pulled a multi-tool from his pocket and held it under her chin threatening her. 

In an attempt to again protect his mother, the juvenile male grabbed Tisdall around the waist and tried to pull him off of his mother.  Tisdall then turned to the young male, grabbed him around the neck with both hands and dug his nails into his neck while squeezing.  Eventually, Tisdall released him and the two victims were able to get away.
         
This case was investigated by the Bureau of Indian Affairs, Lower Brule Law Enforcement Agency.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
         
Tisdall 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 Domestic Assault by a Habitual Offender and Child Abuse was sentenced on June 30, 2014, by U.S. District Judge Roberto A. Lange.

Anthony Comes Flying, a/k/a Anthony Miller, age 29, was sentenced to 33 months of custody for the domestic assault charge, and 33 months of custody for the child abuse charge.  The sentences are to be served concurrently.  Miller was also sentenced to 2 years of supervised release and a $200 special assessment to the Federal Crime Victims Fund.
         
Miller was indicted by a federal grand jury on January 15, 2014.  He pled guilty on March 24, 2014.

The convictions stem from an incident on January 4, 2014, when law enforcement was summoned to the Defendant’s home after he assaulted his girlfriend and their children.  The assault began after the female victim took the babysitter home.  When she arrived back home, Miller was not there, and she found their toddler and infant sons, alone and crying.  Miller arrived home a short time later. He was upset and began hitting and kicking the victim with his fist and boots on her head and body.  Miller also hit the two boys in the body and head. After hitting the victim and their children, Miller retrieved a kitchen knife and threatened to kill them and then himself.  The victim kept trying to protect her children and was yelling at Miller to stop. 
         
This case was investigated by the Bureau of Indian Affairs, Crow Creek Law Enforcement Agency.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
         
Miller 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 charged with Simple Assault pled guilty to and was sentenced on June 27, 2014, by U.S. Magistrate Judge Mark A. Moreno.
 
Jeremy Iron, age 29, was sentenced to 2 years of probation, and $10 to the Federal Crime Victims Fund.

The conviction stems from an incident that took place on February 16, 2014, when Iron returned home to the residence that he shared with the victim and her children.  There was an argument and Iron knocked the phone out of the victims hand and assaulted her.

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

Iron was released from custody.

United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of Assault by Striking, Beating, and Wounding was sentenced on June 26, 2014, by U.S. Magistrate Judge Mark A. Moreno.

Waylon Black Lance, Jr., age 24, was sentenced to 12 months in custody, 1 year of supervised release, and a $25 special assessment to the Federal Crime Victims Fund.
         
Black Lance was indicted by a federal grand jury on March 11, 2014, for First Degree Burglary, Assault with a Dangerous Weapon, and Assault Resulting in Serious Bodily Injury.  He pled guilty to Assault by Striking Beating, and Wounding on May 13, 2014.
         
The conviction stems from an incident that took place on July 2, 2013, when Black Lance walked from his home to the home of the victim.  After a verbal altercation started, Black Lance struck the victim on the head and in the face with his fists.
         
This case was investigated by Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Marie H. Ruettgers prosecuted the case.
         
Black Lance was immediately turned over to the custody of the U.S. Marshals Service.

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

Gwendolyn Iron Shield, a/k/a Gwendolyn Taken Alive, age 40, was indicted on June 10, 2014.  She appeared before U.S. Magistrate Judge William D. Gerdes on June 24, 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 April 20, 2014, Iron Shield assaulted a male adult with a knife, which resulted in serious bodily injury.

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

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

Iron Shield was released on bond 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 Child Abuse and Domestic Assault by a Habitual Offender.

Kyle White Bull, age 27, was indicted on June 10, 2014.  He appeared before U.S. Magistrate Judge William D. Gerdes on June 24, 2014, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 15 years in custody and/or a $250,000 fine, 3 years of supervised release, and up to $400 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about April 16, 2014, White Bull abused, exposed, tortured, tormented and cruelly punished three juveniles, as well as committed a domestic assault.  At the time of the assault, White Bull had at least two separate prior convictions for assaults that were against a spouse or intimate partner.

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

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

White Bull was released on bond 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 Okoboji, Iowa, was found guilty of four counts of tax fraud as a result of a federal jury trial in Sioux Falls, South Dakota. 

The charges carry a maximum penalty of three years in custody and/or a $250,000 fine on each charge, 1 year of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.  
 
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 $600,000 in income over the four-year period of time.  Fairchild claimed the unreported income that she received from performing private shows as an exotic dancer was a gift.  

A jury trial commenced on June 24, 2014, and completed on June 26, 2014, with the jury convicting Fairchild on all four counts of the Indictment.
         
This case was investigated by the Internal Revenue Service Criminal Investigation Division. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
         
A presentence investigation was ordered and a sentencing date was set for September 22, 2014. The defendant was released on bond pending sentencing.   

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

David Marrowbone, age 51, was indicted on June 10, 2014.  He appeared before U.S. Magistrate Judge Mark A. Moreno on June 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, a minimum of 5 years up to life of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.  Restitution may also be ordered. 

The Indictment alleges that between February 3, 2014, and March 13, 2014, Marrowbone moved and failed to change and update his sex offender registration as required by law.  Marrowbone was previously convicted of a sex offense that required him to register as an offender.  He signed paperwork acknowledging his duty to register as a sex offender.  

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. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.   

Marrowbone was remanded to the custody of the U.S. Marshals Service. Trial has been set for August 26, 2014.

United States Attorney Brendan V. Johnson announced that three men from McLaughlin, South Dakota, have been indicted by a federal grand jury for First Degree Burglary, Assault with a Dangerous Weapon, and Third Degree Burglary.

Blake Crow Ghost, age 20; Adam Weasel, age 19; and Joshua White Shield, age 19, were indicted on June 10, 2014.  They appeared before U.S. Magistrate Judge William D. Gerdes on June 24, 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 up to $200 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about June 22, 2013, Crow Ghost, Weasel, and White Shield unlawfully entered and remained in an occupied structure, during night time, and assaulted an adult male with the intent to do bodily harm to the victim.

The charges are merely accusations and Crow Ghost, Weasel, and White Shield are presumed innocent until and unless proven guilty. 

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

All three men were released on bond pending trial.  A trial date has not been set.

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

Reginald Between Lodges, a/k/a Reginald Condon, a/k/a Reggie Kills A  Hundred, age 61, was indicted on June 10, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 24, 2014, and pled not guilty to the Indictment.

The maximum penalty upon conviction is at least 30 years up to life 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.

Between Lodges is alleged to have assaulted a child victim in October 2013 in Takini.  The charge is merely an accusation and Between Lodges 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.   

Between Lodges was remanded to the custody of the U.S. Marshals Service. Trial has been set for August 12, 2014.

United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury for Aggravated Assault Against a Law Enforcement Officer, and Assault Resulting in Serious Bodily Injury.

Brett Claymore, age 21, was indicted on June 17, 2014.  He appeared before U.S. Magistrate Judge William D. Gerdes on June 24, 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 June 15, 2014, Claymore unlawfully assaulted a Corson County Deputy Sheriff, which resulted in serious bodily injury.

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

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

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

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

Delbert Bad Yellow Hair, age 75, was indicted on May 20, 2014.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on June 19, 2014, and pled not guilty to the Indictment.  

The maximum penalty upon conviction is 10 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 October 2013 and April 2014, Bad Yellow Hair failed to update his sex offender registration as required.

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

The investigation was conducted by the U.S. Marshals Service.   Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.  

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

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

Terri Covey, age 41, was indicted on May 13, 2014.  She appeared before U.S. Magistrate Judge Mark A. Moreno on June 20, 2014, and pled not guilty to the Indictment.

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

The Indictment alleges that on or about between February 1, 2013, and February 16, 2013, in Mission, Covey did abuse, expose, torture, torment, and cruelly punish a child under 7 years of age. 

The charges are merely accusations and Covey 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 Marie H. Ruettgers is prosecuting the case.   

Covey was released to a third party custodian pending trial.  A trial date has not been set.

United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, woman convicted of Acquiring Controlled Substances by Fraud and Theft was sentenced on June 17, 2014, by U.S. District Judge Roberto A. Lange.

Bonnie Melissa Levy, age 38, was sentenced to 18 months of probation, a $200 fine, $38.75 in restitution, and a $100 special assessment to the Federal Crime Victims Fund.

Levy was indicted by a federal grand jury on December 10, 2013, for one count of Acquiring Controlled Substances by Fraud and one count of Theft in Connection with Healthcare.  She pled guilty to Acquiring Controlled Substances by Fraud on March 24, 2014.

Levy became addicted to prescription drugs, namely Morphine, Hydrocodone, and Benadryl, in 2005 while she was working in Georgia.  In March 2013, Levy began working at Rosebud Indian Health Services Hospital, a federal healthcare benefit program.  Using her position, Levy unlawfully obtained Morphine and Benadryl for her own use.

The investigation was conducted by the Department of Health and Human Services, Office of the Inspector General. The case was prosecuted by Assistant U.S. Attorney Jay Miller.

United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance and Possession with Intent to Distribute a Controlled Substance.

Lawrence Bordeaux, age 30, was indicted on June 10, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 17, 2014, and pled not guilty to the Indictment.

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

The Indictment alleges that between February 2014 and March 2014, Bordeaux knowingly and intentionally distributed and possessed with intent to distribute methamphetamine, a Schedule II controlled substance, on the Rosebud Sioux Reservation.

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

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

Bordeaux was remanded to the custody of the U.S. Marshals Service pending trial.

United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man has been charged with Possession with Intent to Distribute a Controlled Substance.
         
Jesse James Beauvais, age 42, was indicted on June 10, 2014.  He appeared before U.S. Magistrate Mark A. Moreno on June 17, 2014, and pled not guilty to the Indictment.
         
The maximum penalty upon conviction is 5 years in custody and/or a $250,000 fine, 2 years of supervised release, an additional 2 years of supervised release upon revocation, and a mandatory $100 special assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.
         
The Indictment alleges that at various times between January 5 and 11,  2013, Beauvais possessed marijuana, a Schedule I controlled substance, with the intent to distribute.
         
The charge is merely an accusation, and Beauvais is presumed innocent until and unless proven guilty.
         
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Jay Miller is prosecuting the case.
         
Beauvais was released to a third party custodian pending trial. A trial date has not been set.

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

Joseph Lambert, age 27, was indicted on May 13, 2014.  He appeared before U.S. Magistrate Judge Mark A. Moreno on June 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, 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 the 23rd day of April, 2014, Lambert unlawfully assaulted his dating partner by strangling and suffocating her.

The charge is merely an accusation and Lambert 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.   

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

United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man convicted of Assaulting, Resisting and Impeding a Federal Officer, and Domestic Assault by a Habitual Offender was sentenced on June 16, 2014, by U.S. District Judge Charles B. Kornmann.

Daniel Hoisington, age 33, was sentenced to 12 months in custody for assaulting a federal officer, and 37 months in custody for committing an act of habitual domestic violence, with the sentences to run concurrently. Hoisington was also sentenced to 3 years of supervised release and a $125 special assessment to the Federal Crime Victims Fund.
         
Hoisington was indicted by a federal grand jury on April 12, 2013.  He pled guilty on November 18, 2013.

The conviction stems from two separate incidents.  The first incident occurred on July 28, 2012, when Hoisington struck the victim repeatedly on her face and legs, grabbed her wrists, and threw her on the ground where he began to strangle her.  Eventually Hoisington stopped, picked her up, threw her on a bed, and continued strangling her, which caused the victim to choke and cough.  The victim had noticeable bruising to her neck when law enforcement interviewed her.

Hoisington had been previously convicted in tribal court on four separate occasions for offenses that would be, if subject to federal jurisdiction, an assault against a spouse or intimate partner.      
         
The second incident occurred on March 8, 2013, when a Bureau of Indian Affairs (BIA) officer was dispatched to a house in McLaughlin for a violation of a no contact order.  The victim notified law enforcement that she had received several threatening phone calls from a specific residence in McLaughlin.  The responding BIA officer, along with a Corson County Deputy, found Hoisington at the location relayed to them by the victim. Hoisington was combative toward the officers, tensing and bracing his arms as the officers were attempting to handcuff him, ultimately striking one of the officers in the head with the back of his head as he was being escorted out of the residence.  Hoisington also yelled obscenities and threatened to kill the officers.

This case was investigated by the Federal Bureau of Investigation, along with the BIA Standing Rock Law Enforcement Agency.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.           Hoisington was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.  

United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on June 16, 2014, by U.S. District Judge Roberto A. Lange.

Caleb Mills, age 25, was sentenced to 17 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.  He also forfeited $350 and a firearm.

Mills was indicted by a federal grand jury on May 15, 2013, for Possession with Intent to Distribute a Controlled Substance Analogue, Use of a Communication Facility in Causing or Facilitating the Commission of a Felony under the Controlled Substances Act, and Possession of a Firearm by a Prohibited Person.  He pled guilty to Possession of a Firearm by a Prohibited Person on March 4, 2014.

The conviction arose from a January 2013 incident when Mills was arrested for driving without a license.  In his vehicle, Mills had a FedEx package addressed to him with a return address from a company that law enforcement recognized as a distributor of synthetic marijuana. Mills consented to a search of the package and law enforcement discovered that the package contained a controlled substance analogue. The defendant also consented to a search of his residence that resulted in the discovery of controlled substances, drug paraphernalia, and a .44 magnum revolver.  Mills is an unlawful user of controlled substances, and the firearm was in his possession and had been shipped in interstate commerce.

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

Mills was remanded to the custody of the U.S. Marshal’s Service to begin serving his sentence.

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

Arnold Roy Walking Bull, Jr., a/k/a Junior Charging Hawk, age 38, was indicted on June 10, 2014.  He appeared before U.S. Magistrate Judge Mark A. Moreno on June 17, 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.

Walking Bull is accused of assaulting his domestic partner on February 26, 2013, and October 1, 2013.  At the time of the assaults, Charging Hawk had a final conviction on a least three separate prior occasions in State and Tribal Court proceedings for offenses that would have been, if subject to federal jurisdiction, an assault against a domestic partner.

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

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

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

Jessalynn Cook, age 19, was indicted on June 10, 2014.  She appeared before U.S. Magistrate Judge Mark A. Moreno on June 13, 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.

Cook is alleged to have assaulted an adult male with a knife in May 2014 in Eagle Butte.  The victim received three different stab wounds.

The charges are merely accusations and Cook 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.   

Cook 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 convicted of Sexual Contact with a Person Incapable of Consenting was sentenced on June 16, 2014, by U.S. District Judge Roberto A. Lange.

Sheldon Miner, a/k/a Salty Miner, age 62, was sentenced to 36 months in custody, 5 years of supervised release, a $100 special assessment to the Federal Crime Victims Fund, and he must register as a sex offender.

Miner was indicted by a federal grand jury on April 12, 2013, for Sexual Abuse of a Person Incapable of Consenting and Sexual Contact with a Person Incapable of Consenting.  He pled guilty to the sexual contact charge on March 24, 2014.

The conviction arose from an October 2012 incident in Dewey County when Miner engaged in sexual contact with the victim who was asleep on a couch following a house party.  The contact occurred when the victim was incapable of appraising the nature of the sexual conduct and was physically incapable of declining participation in the sexual contact.

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

Miner 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 Fontana, California, man has been indicted by a federal grand jury for Possession of an Unregistered Firearm.

Gregorio Aguirre, age 26, was indicted on May 20, 2014.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on June 12, 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 charge relates to Aguirre possessing an unregistered firearm made from a Remington Model 12, .22 Caliber Rifle, on April 12, 2014, in South Dakota.

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

The investigation is being conducted by the Unified Narcotics Enforcement Team, the South Dakota Highway Patrol, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant U.S. Attorney Eric Kelderman is prosecuting the case.

Aguirre was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has been set for August 19, 2014.

United States Attorney Brendan V. Johnson announced that a Bullhead, South Dakota, man convicted of two counts of Abusive Sexual Contact was sentenced on June 16, 2014, by U.S. District Judge Charles B. Kornmann.

Landon Iron Thunder, age 24, was sentenced to 36 months in custody on one count and 24 months in custody on the second count, to run concurrently. The Court further ordered that these sentences be served consecutive to a Burleigh County, North Dakota, sentence.  Iron Thunder was also sentenced to 5 years of supervised release and a $200 special assessment to the Federal Crime Victims Fund.
         
Iron Thunder was indicted by a federal grand jury on July 17, 2013.  He pled guilty on March 21, 2014.
         
The conviction stems from an incident occurring between June 1, 2010, and July 31, 2010, when Iron Thunder was socializing with family members, including the juvenile female victim.  Late one evening, the group went to Iron Thunder’s house to sleep.  The victim slept on a mattress, along with other family members, located on the floor of Iron Thunder’s room.  At some point during the night, the victim awoke to discover that her belt had been unbuckled and her pants had been pulled down.  Iron Thunder was lying next to her and had his hands inside the victim’s underwear.  The victim woke up others in the room and was able to flee the residence.
         
This case was investigated by the Federal Bureau of Investigation.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.
         
Iron Thunder was immediately turned over to the custody of the U.S. Marshals Service to be returned to North Dakota to finish serving his state sentence before serving his federal sentence.

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

Michael J. Fech, age 30, a Captain in the U.S. Air Force, was indicted on June 17, 2014.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on June 19, 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 December 2013 and June 2014, at Box Elder, Fech knowingly distributed and possessed computers files containing images of child pornography.

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

The investigation was conducted by the Pennington County Sheriff’s Department, and the South Dakota Internet Crimes Against Children Taskforce.  Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.  

Fech was released pending trial, with conditions limiting his use of the internet and contact with children.  A trial date has not been set.