District of South Dakota

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 Parmalee, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on June 10, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Richard Wolf Guts, age 29, was sentenced to 21 months in custody, 6 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
         
Wolf Guts pled guilty to the charge on January 30, 2014.  The charge related to Wolf Guts absconding from a halfway house where he resided and failing to register as a convicted sex offender in South Dakota during May and June of 2013.
         
This case was investigated by the U.S. Marshals Service.  Assistant U.S. Attorney Eric Kelderman prosecuted the case.
         
Wolf Guts was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that a Bismarck, North Dakota, man convicted of Abusive Sexual Contact was sentenced on June 9, 2014, by U.S. District Judge Charles B. Kornmann.

Brandon David Wutzke, age 29, was sentenced to 3 months of custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
         
Wutzke was indicted by a federal grand jury on December 10, 2013.  He pled guilty on February 18, 2014.

The conviction stems from an incident on December 25, 2012, when Wutzke was at his parents’ home in McLaughlin, South Dakota, to celebrate the holidays.  Also present in the home was the minor female victim.  That evening, Wutzke fell asleep in the living room along with the victim and two other children. 

At some point during the evening, the victim awoke to find Wutzke lying beside her, reaching under the victim’s shirt and bra, and touching her inappropriately.  Another child in the room began to move around, causing Wutzke to return to his side of the couch.  At the time of this abusive sexual contact Wutzke was 28 years old and the victim was 12 years old. 
         
This case was investigated by the Federal Bureau of Investigation.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.
         
Wutzke is to self-report to the U.S. Marshals Service by June 24, 2014.

United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man convicted of Sexual Abuse of a Person Incapable of Consent was sentenced on June 9, 2014, by U.S. District Court Charles B. Kornmann.

Robert Arnold Stand, 25, was sentenced to 108 months in custody, 5 years of supervised release, $100 restitution, and a $100 special assessment to the Federal Crime Victims Fund.
         
Stand was indicted by a federal grand jury on November 14, 2013.  He pled guilty on January 28, 2014.

The conviction stems from an incident on October 5, 2013, when Stand was at his residence drinking alcohol with a group of friends.  Also present was the minor female victim.  At some point in the day, the victim began to drift in and out of consciousness due to the amount of alcohol she had consumed. 

During a state of unconsciousness, the victim was brought into the bathroom by Stand, who proceeded to remove her pants.  Stand then sexually abused the victim while she was incapable of consenting or declining participation in the sexual act.  At the time the sexual act commenced, Stand knew the victim was intoxicated to the point of being unable to consent to the sexual act.  Stand was 10 years older than his minor victim, who was 14 years old at the time of the sexual assault. 
         
This case was investigated by the Bureau of Indian Affairs, Standing Rock Law Enforcement Agency.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.
         
Stand was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man convicted of Domestic Assault by a Habitual Offender was sentenced on June 9, 2014, by U.S. District Judge Charles B. Kornmann.

Lawrence Village Center, a/k/a Larry Village Center, age 46, was sentenced to 57 months of custody, 3 years of supervised release, $286 in restitution, and a $100 special assessment to the Federal Crime Victims Fund.
         
Village Center was indicted by a federal grand jury on November 14, 2013.  He pled guilty on January 17, 2014.

The conviction stems from an incident on August 31, 2013, in McLaughlin, when the Fort Yates Police Department received a 911 call reporting that Village Center was assaulting an adult female with a hammer.  

A Bureau of Indian Affairs (BIA) officer made contact with the victim in the kitchen of her home.  The officer was informed by the victim that she was walking towards the family home when she was shoved to the ground from behind by Village Center, who then struck her several times about the head and body with a hammer.  After assaulting the victim, Village Center approached the family van and broke out the windshield with the hammer.

Village Center has two prior judgments of conviction for Domestic Abuse in Standing Rock Tribal Court for offenses that would have been, if subject to federal jurisdiction, an assault against a spouse or intimate partner. 
         
This case was investigated by the BIA, Standing Rock Law Enforcement Agency and the Federal Bureau of Investigation.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.
         
Village Center 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 June 9, 2014, by U.S. District Judge Charles B. Kornmann.

Theron Wade Makes Him First, age 26, was sentenced to 30 months of custody, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
         
Makes Him First was indicted by a federal grand jury on December 10, 2013.  He pled guilty on February 20, 2014.

The conviction stems from an incident on April 1, 2013, when a Bureau of Indian Affairs (BIA) officer was dispatched to a house in McLaughlin.  As the officer arrived at the residence, Makes Him First was grabbing an adult female victim by the throat and shoving her up against the front door, holding her there, and telling her not to let the officer in.  Makes Him First then dragged the victim into a bathroom and refused to let her go.  At this point, another person in the house let the officer into the house and Makes Him First fled the bathroom to the basement.  At the time of the assault, Makes Him First was on conditions with the Standing Rock Tribal Court and was not to be in contact with the victim. 

Makes Him First has two prior judgments of conviction, in Standing Rock Tribal Court, for offenses that would have been, if subject to federal jurisdiction, an assault against a spouse or intimate partner. 
         
This case was investigated by the BIA, Standing Rock Law Enforcement Agency.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.
         
Makes Him First 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 June 9, 2014, by U.S. District Judge Charles B. Kornmann.

Robert Steele, age 53, was sentenced to 18 months of custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
         
Steele was indicted by a federal grand jury on April 12, 2013.  He pled guilty on January 23, 2014.

The conviction stems from an incident on February 19, 2013, when a Bureau of Indian Affairs (BIA) officer responded to a call that Steele was assaulting an adult female victim.  Upon arrival, the victim informed the officer that Steele had assaulted her in the family home.  The victim estimated that during the assault she was kicked approximately 5-7 times.  The victim had visible injuries to her upper and lower lips, informing the officer that Steele also hit her, but that she had managed to block some of the strikes. 
         
Steele has two prior judgments for conviction for Domestic Assault in Standing Rock Sioux Tribal Court for offenses that would have been, if subject to federal jurisdiction, an assault against a spouse or intimate partner.
         
This case was investigated by the BIA, Standing Rock Law Enforcement Agency.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.
         
Steele 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, woman charged with Assault by Striking, Beating and Wounding pled guilty to and was sentenced on June 10, 2014, by U.S. Magistrate Judge Mark A. Moreno.

Mary St. John, a/k/a Mary Hoisington, age 58, was sentenced to 6 months of custody, 1 year of supervised release, $500 in restitution, and a $25 special assessment to the Federal Crime Victims Fund.

The conviction stems from an incident that took place on January 19, 2014, when St. John assaulted a female victim causing multiple bruises and abrasions to her head and body.

The investigation was conducted by the Bureau of Indian Affairs, Crow Creek Law Enforcement Agency.  The case was prosecuted by Assistant U.S. Attorney Meghan N. Dilges. 

St. John was remanded to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota, man convicted of Willful Failure to Collect or Pay Over Tax from October 1, 2007, through December 31, 2007, was sentenced on June 9, 2014, by U.S. District Judge Karen E. Schreier.

Jared Adrian, age 46, was sentenced to 11 months of imprisonment, 1 year of supervised release, restitution in the amount of $357,542.70, and a $100 special assessment to the Federal Crime Victims Fund. 

Adrian was indicted by a federal grand jury on December 3, 2013, for 15 counts of Willful Failure to Collect or Pay Over Tax, and 5 counts of Willful Failure to File Tax Return.  On March 19, 2014, he pled guilty to one count of Willful Failure to Collect or Pay Over Tax.

“The sentence today should serve as a lesson to anyone thinking of evading their tax obligations,” said U.S. Attorney Brendan Johnson.  “Not only will Jared Adrian have to pay everything he owes, plus penalties and interest, but now he’s a convicted felon serving a prison term.”
         
As part of his plea agreement, Adrian admitted that he owned and operated Jared Adrian Sod.  Between April 2006 and April 2010, he avoided paying employment taxes by referring to his workers as “independent contractors” or “contract laborers” when in reality they were functioning as employees.  This practice resulted in him willfully failing to account for and pay over employment taxes totaling more than $115,000.  Also, Adrian admitted that for each year from 2005 to 2009, he failed to file personal income tax returns with the IRS, despite earning income.  He admitted that he owes income taxes of $242,051, exclusive of penalties and interest.
         
“In today’s economic environment, it’s more important than ever that the American people feel confident that everyone is playing by the rules and paying the taxes they owe,” said Kelly R. Jackson, Internal Revenue Service (IRS) Criminal Investigation Special Agent in Charge.  “Business owners, including Jared Adrian, have a responsibility to withhold income taxes for their employees and then remit those taxes to the IRS.  This sentence should serve as a deterrent to those who might contemplate similar fraudulent actions.”
         
This case was investigated by the IRS.  Assistant U.S. Attorneys Kevin Koliner and Ann Hoffman prosecuted the case.
         
Adrian is allowed to self-report to the U.S. Marshals Service no later than June 30, 2014.

United States Attorney Brendan V. Johnson announced that a Wagner, South Dakota, man convicted of Maintaining a Drug-Involved Premises was sentenced on May 28, 2014, by U.S. District Judge Karen E. Schreier, Jeffery Louis Irving, age 38, was sentenced to 87 months in prison, to be followed by 3 years of supervised release.
         
Irving was indicted with four other people for Conspiracy to Distribute a Controlled Substance, and with one other person for Maintaining a Drug-Involved Premises, by a federal grand jury on December 3, 2013.  He pled guilty to the drug-involved premises charge on March 6, 2014, and the conspiracy count was dismissed.
         
Irving had allowed another man to stay at his house in Wagner and distribute methamphetamine from the residence.
         
This case was investigated by the Federal Bureau of Investigation, the South Dakota Division of Criminal Investigation, the Bureau of Indian Affairs, and the Charles Mix County Sheriff’s Office.  Special Assistant U.S. Attorney Jennifer D. Mammenga prosecuted the case.
         
Irving is being allowed to self-report to the U.S. Marshals Service on June 30, 2014.

United States Attorney Brendan V. Johnson announced that two men and a woman from Oglala, South Dakota, have been indicted by a federal grand jury for False Statements Relating to Health Care Matters and Attempt to Obtain Controlled Substances by Fraud.

Thelma Tail, age 32, Antone Little Moon, age 33, and Shannon Long Jaw, age 38, were indicted on May 20, 2014.  They appeared before U.S. Magistrate Judge Veronica L. Duffy on May 29 and 30, 2014, and pled not guilty to the Indictment.

The maximum penalty upon conviction is 5 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 charges relate to Tail, Little Moon, and Long Jaw using a fraudulent document in an attempt to obtain Hydrocodone at the Indian Health Services Pharmacy in Pine Ridge on September 16, 2013.

The charges are merely accusations and Tail, Little Moon, and Long Jaw are presumed innocent until and unless proven guilty.

The investigation is being conducted by the Department of Health and Human Services, Office of the Inspector General.  Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.

All three were released on bond pending trial.  A trial date has been set for August 5, 2014.

United States Attorney Brendan V. Johnson announced that ten individuals from Custer, Pine Ridge, and Rapid City, South Dakota, have been indicted by a federal grand jury on May 20, 2014.

• Gerald LeBeau, a/k/a Gers LeBeau, 53, of Rapid City, was indicted on Possession with Intent to Distribute Cocaine, and Conspiracy to Distribute Cocaine and Marijuana.  The maximum penalty upon conviction is a minimum of 5 years up to 40 years in custody, and/or a $5,000,000 fine, 4 years of supervised release, and $100 to the Federal Crime Victims Fund. 

• Neil LeBeau, 33, of Porcupine, was indicted on Conspiracy to Distribute Cocaine and Marijuana.  The maximum penalty upon conviction is a minimum of 5 years up to 40 years in custody, and/or a $5,000,000 fine, 4 years of supervised release, and $100 to the Federal Crime Victims Fund. 

• Susan Schrader, 52, of Pine Ridge, was indicted on Conspiracy to Distribute Cocaine. The maximum penalty upon conviction is up to 20 years in custody, and/or a $1,000,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. 

• Holly Wilson, 53, of Pine Ridge, was indicted on Conspiracy to Distribute Cocaine and 2 counts of Distribution of Cocaine. The maximum penalty upon conviction is up to 20 years in custody, and/or a $1,000,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. 

• Whitney Zephier, 26, of Pine Ridge, was indicted on Conspiracy to Distribute Cocaine and Marijuana. The maximum penalty upon conviction is up to 20 years in custody, and/or a $1,000,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. 

• Marie Zephier, 28, of Pine Ridge, was indicted on Conspiracy to Distribute Cocaine and Marijuana. The maximum penalty upon conviction is up to 20 years in custody, and/or a $1,000,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. 

• Thomas Patrick Brewer, a/k/a Pat Brewer, 48, of Pine Ridge, was indicted on Conspiracy to Distribute Cocaine. The maximum penalty upon conviction is up to 20 years in custody, and/or a $1,000,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. 

• Twila LeBeau, 59, of Pine Ridge, was indicted on Conspiracy to Distribute Cocaine and Marijuana. The maximum penalty upon conviction is up to 20 years in custody, and/or a $1,000,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. 

• Pablo LeBeau, 18, of Pine Ridge, was indicted on Conspiracy to Distribute Cocaine and Marijuana. The maximum penalty upon conviction is up to 20 years in custody, and/or a $1,000,000 fine,
  3 years of supervised release, and $100 to the Federal Crime Victims Fund. 

• Lona Lee Colhoff, 55, of Pine Ridge, was indicted on Conspiracy to Distribute Cocaine and Marijuana. The maximum penalty upon conviction is up to 20 years in custody, and/or a $1,000,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. 

The charges relate to distribution of cocaine and marijuana, primarily on the Pine Ridge Reservation, beginning as early as 2005 and continuing to the present. Gerald LeBeau, Neil LeBeau, Susan Schrader, Holly Wilson, Whitney Zephier, Marie Zephier, Thomas Patrick Brewer, Twila LeBeau, Pablo LeBeau, and Lona Lee Colhoff, conspired, with persons known and unknown, to distribute cocaine in the District of South Dakota.  During the course of the conspiracy, Gerald LeBeau, Neil LeBeau, Whitney Zephier, Marie Zephier, Twila LeBeau, Pablo LeBeau, and Lona Lee Colhoff also conspired, with persons known and unknown, to distribute marijuana in the District of South Dakota. 

All ten defendants appeared before U.S. Magistrate Judge John E. Simko on May 30, 2014, and pled not guilty to the Indictments. The charges are merely an accusation and all of the above-mentioned defendants are presumed innocent until and unless proven guilty. 

The investigation is being 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, the South Dakota Division of Criminal Investigation and the Oglala Sioux Tribe Department of Public Safety.  Assistant U.S. Attorneys Ted L. McBride and Kathryn N. Rich are prosecuting the case. 

Gerald LeBeau, Neil LeBeau, and Pablo LeBeau were remanded to the custody of the U.S. Marshals Service pending trial.  Susan Schrader, Holly Wilson, Whitney Zephier, Marie Zephier, Thomas Patrick Brewer, Twila LeBeau, Pablo LeBeau, and Lona Lee Colhoff were released on bond pending trial.  A trial date has not been set.

United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man charged with Assaulting, Resisting, Opposing, and Impeding a Federal Officer pled guilty to and was sentenced on June 4, 2014, by U.S. Magistrate Judge Mark A. Moreno.

Jeremy Waln, age 33, was sentenced to 4 months in custody and a $25.00 special assessment to the Federal Crime Victims Fund.

The conviction stems from an incident that took place on February 14, 2013, when Waln was being investigated for assaulting an individual.  Waln was detained and placed in a squad car.  While talking to witnesses of the alleged assault, the officer noticed that Waln was kicking the windows in the squad car.  Waln’s legs were shackled and he was taken to the Rosebud Jail for booking, where he was uncooperative and spit in the officer’s face.

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

Waln was ordered to self-report to the custody of the U.S. Marshals Service on June 20, 2014.

United States Attorney Brendan V. Johnson announced that a Pierre, South Dakota, man convicted of Distribution of a Controlled Substance was sentenced on May 29, 2014, by U.S. District Judge Roberto A. Lange.

Edwin Clayton Cook, Jr., age 38, was sentenced to 12 months and 1 day in custody, 3 years of supervised release, a $1,000 fine, and a $100 special assessment to the Federal Crime Victims Fund. He is also to pay $798.45 for electronic monitoring.
         
Cook was indicted by a federal grand jury on November 14, 2013. He pled guilty to the Indictment on March 10, 2014.
         
The conviction arose from an incident that occurred on June 12, 2013, when Cook arranged a meet with an undercover agent and sold the agent 13.0 grams of methamphetamine for $1,000.00.
         
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force.  Assistant U.S. Attorney Jay Miller prosecuted the case.
                 
Cook will report to the U.S. Marshals Service on June 13, 2014, to begin serving his sentence.

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

Aric Singing Goose, age 26, was indicted on April 22, 2014.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on May 23, 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 mandatory minimum period of at least 5 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between January 21, 2014, and February 21, 2014, Singing Goose knowingly failed to register and update his registration.

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

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

Singing Goose was released on bond pending trial.  A trial date has been set for July 29, 2014.

United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of two counts of Assault with a Dangerous Weapon was sentenced on May 29, 2014, by U.S. District Judge Roberto A. Lange.

Celso Estrada, age 50, was sentenced to 47 months in custody on one count and 37 months in custody on the second count, to be served concurrently, and a $200 special assessment to the Federal Crime Victims Fund.
         
Estrada was indicted for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury by a federal grand jury on November 19, 2013.  Estrada pled guilty to two counts of Assault with a Dangerous Weapon on February 19, 2014.
         
On November 16, 2013, after an argument, Estrada became upset and stabbed two people with a knife at an apartment complex in Mission.
         
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.
         
Estrada was immediately turned over to the custody of the U.S. Marshals Service.

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

Gilbert Young, age 42, was indicted on May 13, 2014.  He appeared before U.S. Magistrate Judge Mark A. Moreno on May 29, 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, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about February 16, 2013, in Mission, Young assaulted a child under 7 years of age, and the assault resulted in serious bodily injury. 

The charges are merely accusations and Young 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.   

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

United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man convicted of Assault by Striking, Beating and Wounding was sentenced on May 29, 2014, by U.S. Magistrate Judge William D. Gerdes.

Lemar Chasing Hawk, age 53, was sentenced to 10 months in custody and a $25 special assessment to the Federal Crime Victims Fund.
         
Chasing Hawk was indicted by a federal grand jury on August 21, 2013.  He pled guilty to a Superseding Information on April 17, 2014.
         
The conviction stems from an incident occurring on June 19, 2013, when a Bureau of Indian Affairs officer was notified that an adult female victim needed assistance.  Upon his arrival, the officer made contact with the victim who was at a neighbor’s house and learned that Chasing Hawk had come over to the house, attempted to grab the victim by her hair, pulled her out the back door, and took her back to his apartment next door.  Chasing Hawk struck the victim on the back of the head as he was reaching for her to drag her out of the apartment.  At the time of the assault, Chasing Hawk and the victim were in an intimate relationship.
         
This case was investigated by the Bureau of Indian Affair, Standing Rock Law Enforcement Agency.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.
         
Chasing Hawk was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that a Manderson, South Dakota, man has been indicted by a federal grand jury on one count of Aggravated Sexual Abuse and two counts of Sexual Abuse of a Minor.

Thomas Rowland, age 22, was indicted on May 20, 2014.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on June 2, 2014, and pled not guilty to the Indictment.

The maximum penalty upon conviction is life 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 charges relate to Rowland engaging in sexual acts with a female child between March 1 and April 30, 2013.

The charges are merely accusations and Rowland 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.

Rowland was released on bond pending trial.  A trial date has been set for August 5, 2014.

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 or Dating Partner was sentenced on May 28, 2014, by U.S. District Judge Roberto A. Lange.

Shane Coleman, age 25, was sentenced to 15 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
         
Coleman was indicted by a federal grand jury on November 14, 2013.  He pled guilty to an Information on March 11, 2014.

The conviction stems from an incident on July 11, 2013, when Coleman and the victim, who have been involved since 2009, began to argue.  The victim gathered up her things and their children and attempted to leave the residence.
 
The two began to argue again.  Coleman picked up the victim and threw her to the floor, knocking the wind out of her.  Coleman then came up behind the victim, put his arm around her neck, and began to strangle her.  The victim was on one knee on the floor.  She could feel Coleman squeezing her neck and she eventually lost consciousness. When the victim regained consciousness, she was able to leave the residence with her children.
         
This case was investigated by the Bureau of Indian Affairs.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
         
Coleman was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that Sylvan Godfrey, age 51, of Lake Andes, South Dakota, was convicted of one count of Aggravated Sexual Abuse of a Child and found not guilty of one count of Aggravated Sexual Abuse of a Child as a result of a two day federal jury trial in Pierre, South Dakota. 

The charges carry a maximum penalty of life in custody and/or a $250,000 fine, 5 years up to life 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, on two counts of Aggravated Sexual Abuse of a Child. 

The conviction stems from an incident that took place between July 27, 2006, and November 16, 2007, when the victim and her sister were taken to a drinking party at Milks Camp in Gregory County, at which Godfrey was present.  The victim and her sister were sleeping in a back bedroom during the party when Godfrey entered the room.  Godfrey touched the victim’s groin and inner thigh, skin to skin.  Godfrey left the room when the victim began to cry.  The victim was under the age of 12 when the incident occurred.
         
This case was investigated by the Federal Bureau of Investigation and the Rapid City Police Department. Assistant U.S. Attorney Marie H. Ruettgers prosecuted the case.
         
A presentence investigation was ordered and a sentencing date was set for August 11, 2014.  The defendant 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 convicted of Assaulting, Resisting and Impeding Federal Officers and Discharge of a Firearm During a Crime of Violence was sentenced on June 3, 2014, by U.S. District Judge Roberto A. Lange.

Jason Todd Garreau, age 28, was sentenced to 20 years in custody, 5 years of supervised release, and a $200 special assessment to the Federal Crime Victims Fund.  The 20-year sentence was ordered to be served consecutively to a 25-year sentence that was handed down last week in State Court for Attempted Murder, to which Garreau had previously pled guilty.

Garreau was indicted by a federal grand jury on November 5, 2013.  He pled guilty on March 5, 2014.

The conviction stems from a standoff Garreau had with law enforcement on October 31, 2013, at a Pierre residence.  The standoff followed a high speed chase that ensued on October 30, 2013, when law enforcement attempted to serve an arrest warrant on an individual.  When the individual’s car was located, police discovered it was being driven by Garreau.  Police attempted to execute a traffic stop on the vehicle, but Garreau then led police on a high speed chase, which was aborted on east Highway 34. 

The Bureau of Indian Affairs soon discovered the vehicle on the Crow Creek Reservation, and a new pursuit ensued.  While in pursuit, Garreau made multiple phone calls to his cousin, who came to aid Garreau in the pursuit and the cousin opened fire on law enforcement, which allowed Garreau to flee the scene.  The next day, Garreau was located at a residence in Pierre, and a SWAT team was called in to assist in the apprehension.  When the SWAT team entered the residence, Garreau fired multiple shots from a Benelli shotgun and a Hi-Point handgun, injuring two police officers. Garreau surrendered and was taken into custody.

The investigation was conducted by the Federal Bureau of Investigation, with assistance from the U.S. Marshals Service, South Dakota Division of Criminal Investigation, South Dakota Highway Patrol, Hughes County Sheriff’s Office, and the Pierre Police Department.  The case was prosecuted by Assistant U.S. Attorney Meghan N. Dilges.

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

United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assault with Intent to Commit Murder and Assault by Strangulation.

Harold Picotte, III, age 40, was indicted on May 13, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 23, 2014, and pled not guilty to the Indictment.

The maximum penalty upon conviction is 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 in February 2014, Picotte assaulted his dating partner/girlfriend with the intent to commit murder by strangulation and choking.  

The charges are merely an accusation and Picotte 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.   

Picotte was released on bond pending trial, which is set for July 15, 2014.

United States Attorney Brendan V. Johnson announced the release of the 2013 Annual Report for the District of South Dakota.  Despite federal budget cuts and staff reductions due to sequestration, significant accomplishments were achieved in 2013.

Human trafficking continues to be an area of high priority, and the report highlights several successful prosecutions.  In 2013, many of the office’s most heinous sex trafficking cases were closed, with one defendant being sentenced to three life sentences.  Three more defendants received sentences of 33½ years, 30 years, and 10 years.  Also in 2013, 11 more people were indicted on sex trafficking and related charges, and others were convicted and scheduled for sentencing.  The success recognized in 2013 is due in large part to the tremendous collaboration and support of federal, state, local, and tribal law enforcement partners who investigate the leads and help build the cases against these perpetrators.  

In addition, the report highlights the achievements in other high priority areas, such as ongoing initiatives to make tribal communities safer, enhanced community outreach efforts, progress in the areas of victim’s rights and advocacy, and an overview of the work performed by the Civil and Appellate Divisions. 

The complete report is available on-line at the Department of Justice website: http://www.justice.gov/usao/sd/docs/Annual_Report_2013.pdf   

United  States Attorney Brendan V. Johnson announced that a Wakpala, South Dakota, man has been indicted by a federal grand jury for Felon in Possession of Firearm.

Ronald Moran, Sr., age 36, was indicted on May 13, 2014.  He appeared before U.S. Magistrate Judge William D. Gerdes on May 20, 2014, and pled not guilty to the Indictment.

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

The Indictment alleges that on or about January 9, 2014, Moran, having been convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly possessed and received a firearm which had been shipped and transported in interstate and foreign commerce.

The charge is merely an accusation and Moran 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.   

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

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

Jeremy Iron, age 29, was indicted on May 13, 2014.  He appeared before U.S. Magistrate Judge Mark A. Moreno on May 21, 2014, and pled not guilty to the Indictment.

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

The Indictment alleges that on or about February 16, 2014, Iron assaulted the victim with a dangerous weapon, that is, shod feet, and the assault resulted in serious bodily injury to the victim.

The charge is merely an accusation and Iron 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.   

Iron 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 Rapid City, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.

Kermit Oris Bear Stops, age 52, was indicted on November 14, 2013.  He appeared before U.S. Magistrate Judge Mark A. Moreno on May 21, 2014, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, a mandatory minimum period of at least 5 years of supervised release, and a mandatory $100 special assessment to the Federal Crime Victims Fund will be assessed.  Restitution may also be ordered. 

The Indictment alleges that between September 8, 2013, and November 13, 2013, Bear Stops knowingly failed to register and update his registration.

The charge is merely an accusation and Bear Stops 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.   

Bear Stops was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for July 15, 2014. 

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.

Matthew Horned Eagle, age 24, was indicted on May 13, 2014.  He appeared before U.S. Magistrate Judge Mark A. Moreno on May 21, 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 7, 2014, Horned Eagle assaulted two victims with a dangerous weapon, that is, a sword, and the assault resulted in serious bodily injury to both victims.

The charge is merely an accusation and Horned 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 Marie H. Ruettgers is prosecuting the case.   

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

United  States Attorney Brendan V. Johnson announced that a man and a woman from Lower Brule, South Dakota, have been indicted by a federal grand jury for Assaulting, Resisting and Impeding a Federal Officer.

Sterling St. Cloud, age 32, and Toni Harmon, a/k/a Toni Bad Horse, age 39, were indicted on May 13, 2014.  They appeared before U.S. Magistrate Judge Mark A. Moreno on May 22, 2014, and both pled not guilty to the Indictment.

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

The Indictment alleges that on or about March 8, 2014, St. Cloud and Harmon forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with an officer while he was engaged in the performance of his official duties and employed as a federal law enforcement officer with the Bureau of Indian Affairs, Department of Interior.

The charge is merely an accusation and St. Cloud and Harmon are 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.   

St. Cloud and Harmon were 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 Little Eagle, South Dakota, man convicted of Embezzlement and Theft from an Indian Tribal Organization was sentenced on May 19, 2014, by U.S. District Judge Charles B. Kornmann.

Dana Fast Horse, age 46, was sentenced to 1 year of unsupervised probation, a $500 fine, and a $100 special assessment to the Federal Crime Victims Fund.

Fast Horse was indicted by a federal grand jury on November 14, 2013.  He pled guilty on January 10, 2014.

On October 1, 2013, the Bureau of Indian Affairs (BIA) was contacted by a member of the Standing Rock Sioux Tribe regarding a check she had received from Fast Horse.  According to the tribal member, Fast Horse had presented her with a $4,000.00 check, which he wanted her to cash and split the proceeds with him.  At the time, Fast Horse was Vice Chairman of the Running Antelope District on the Standing Rock Sioux Indian Reservation.  He was aware that residents were receiving $4,000.00 per household as a result of the Salazar settlements. Fast Horse owned a vacant house, which he wanted the tribal member to claim she was residing in, so she would receive the benefits and split the proceeds with him.

Upon learning this information, two Standing Rock BIA Special Agents directed the tribal member to place a phone call to Fast Horse, which was recorded on a digital handheld recorder.  During the call, the tribal member informed Fast Horse that she had cashed the check he had given her, and asked him if he wanted his half.  A meeting was arranged in which Fast Horse was handed an envelope from the tribal member.  The tribal member then walked away and the two BIA agents immediately arrested Fast Horse. 

Fast Horse consented to an interview with the BIA agents in which he stated that, as Vice Chairman of the Running Antelope District, he knowingly lied to the council by informing them that the tribal member lived in one of his houses, which he knew to be vacant, in order for her to receive a $4,000.00 Salazar check.  Fast Horse also informed the agents that he was to receive a portion of the money as payment for vouching to the council that the tribal member was actually residing in his vacant home.

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

United States Attorney Brendan V. Johnson announced that a Little Eagle, South Dakota, man convicted of Embezzlement and Theft from an Indian Tribal Organization was sentenced on May 19, 2014, by U.S. District Judge Charles B. Kornmann.

Dana Fast Horse, age 46, was sentenced to 1 year of unsupervised probation, a $500 fine, and a $100 special assessment to the Federal Crime Victims Fund.

Fast Horse was indicted by a federal grand jury on November 14, 2013.  He pled guilty on January 10, 2014.

On October 1, 2013, the Bureau of Indian Affairs (BIA) was contacted by a member of the Standing Rock Sioux Tribe regarding a check she had received from Fast Horse.  According to the tribal member, Fast Horse had presented her with a $4,000.00 check, which he wanted her to cash and split the proceeds with him.  At the time, Fast Horse was Vice Chairman of the Running Antelope District on the Standing Rock Sioux Indian Reservation.  He was aware that residents were receiving $4,000.00 per household as a result of the Salazar settlements. Fast Horse owned a vacant house, which he wanted the tribal member to claim she was residing in, so she would receive the benefits and split the proceeds with him.

Upon learning this information, two Standing Rock BIA Special Agents directed the tribal member to place a phone call to Fast Horse, which was recorded on a digital handheld recorder.  During the call, the tribal member informed Fast Horse that she had cashed the check he had given her, and asked him if he wanted his half.  A meeting was arranged in which Fast Horse was handed an envelope from the tribal member.  The tribal member then walked away and the two BIA agents immediately arrested Fast Horse. 

Fast Horse consented to an interview with the BIA agents in which he stated that, as Vice Chairman of the Running Antelope District, he knowingly lied to the council by informing them that the tribal member lived in one of his houses, which he knew to be vacant, in order for her to receive a $4,000.00 Salazar check.  Fast Horse also informed the agents that he was to receive a portion of the money as payment for vouching to the council that the tribal member was actually residing in his vacant home.

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

United States Attorney Brendan V. Johnson announced that an Ellsworth Air Force Base man has been indicted by a federal grand jury for Receipt of Child Pornography and Possession of Child Pornography.

Colby Haggerty, age 22, was indicted on May 20, 2014.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on May 21, 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 August 2009 and April 2014, at Ellsworth Air Force Base, Haggerty knowingly received and possessed computers files containing images of child pornography.

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

The investigation was conducted by the South Dakota Internet Crimes Against Children Taskforce.   Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.  

Haggerty 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 Bullhead, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse of a Person Incapable of Consent.

Cody Long Chase, age 36, was indicted on May 13, 2014.  He appeared before U.S. Magistrate William D. Gerdes on May 20, 2014, and pled not guilty to the Indictment.

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

The Indictment alleges that on or about April 26, 2014, Long Chase engaged and attempted to engage in a sexual act with an adult female victim, who, at the time, was incapable of declining participation in and communicating an unwillingness to engage in the sexual act.

The charge is merely an accusation and Long Chase 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.   

Long Chase 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 Wanblee, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury and False Statements Relating to Health Care Matters was sentenced on May 15, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Robert George Quiver, Jr., age 22, was indicted by a federal grand jury on August 27, 2013, for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.  The charges related to Quiver and others using a hard blunt object and shod feet to repeatedly strike another male in the head during a fight on October 15, 2012.  As a result of this assault, the victim suffered skull and nasal bone fractures requiring a craniotomy, and he remains permanently injured.  Quiver pled guilty to the Assault Resulting in Serious Bodily Injury charge on February 5, 2014, and has been sentenced to 12 months and 1 day in custody, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. 

This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.

Quiver was also indicted by a federal grand jury on December 3, 2013, for False Statements Relating to Health Care Matters and Attempt to Obtain Controlled Substances by Fraud.  The charges related to Quiver presenting a false prescription for hydrocodone to a pharmacist at the Indian Health Services Pharmacy in Wanblee on July 11, 2013.  He pled guilty to the False Statements Relating to Health Care Matters charge on February 5, 2014, and was sentenced to time served, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. 

This case was investigated by the Department of Health and Human Services, Office of Inspector General.

The sentences in each case were ordered to run concurrently. Assistant U.S. Attorney Kathryn N. Rich prosecuted the cases.  

Quiver was immediately returned to the custody of the U.S. Marshals Service.                   

United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota, man convicted of 26 felony fraud charges was sentenced on May 19, 2014, by U.S. District Judge Karen E. Schreier.

Randal Kent Hansen, age 66, was sentenced to 108 months in custody, 3 years of supervised release, and a $2600 special assessment to the Federal Crime Victims Fund. Restitution of an amount to be determined will be decided in the next ten days.
         
Hansen was indicted for Conspiracy to Commit Wire Fraud and Mail Fraud, and also Wire Fraud and Mail Fraud by a federal grand jury on May 8, 2013.  On January 22, 2014, a federal jury found him guilty of Conspiracy to Commit Wire Fraud and Mail Fraud, four counts of Wire Fraud, and 21 counts of Mail Fraud.  
         
The case involved the investigation of a hedge fund known as RAHFCO Funds, Limited Partnership, and RAHFCO Growth Fund, Limited Partnership. As president of the fund, Randy Hansen collected money from over a hundred investors that totaled over $20 million dollars.  Investors were told that only a small portion of the money would be used to make trades on the futures market for the S&P 500, that the rest was securely invested in government securities, and that they could withdraw funds at will.  The fund operated from 2007 until April 2011, when one of Hansen’s co-conspirators turned himself into authorities.  The investigation revealed that the fund was operating in a Ponzi-like fashion, with new investor money being used to pay off existing investors seeking to withdraw funds.  Ultimately, investor losses have exceeded $18 million.
         
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
         
Hansen is to self-surrender to the U.S. Marshals Service in June 2014 to begin serving his sentence.  

United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man convicted of Assault by Striking, Beating, or Wounding was sentenced on May 12, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Melvin Floyd Hollow Horn Bear, age 39, was sentenced to time served, 1 year of supervised release, and was ordered to pay a $25 special assessment to the Federal Crime Victims Fund. 
         
In March 2013, at Pine Ridge, Hollow Horn Bear struck a man repeatedly with a blunt object, causing cuts on the man’s face and head that required stitches. 
         
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, woman convicted of Felony Child Abuse and Neglect was sentenced on May 12, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Cheryl Jealous of Him, age 51, was sentenced to 14 years of imprisonment, 3 years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund and $13,846.94 in restitution to the South Dakota Crime Victims' Compensation Program.
         
In April 2013, at Pine Ridge, Jealous of Him caused the death of her infant grandson by subjecting him to multiple blunt force trauma. At the time of the incident, Jealous of Him was intoxicated while the grandson was under her care. 
         
The investigation was conducted by the Federal Bureau of Investigation, 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.  
         
Jealous of Him was immediately turned over to the custody of the U.S. Marshals Service.                     

United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man and a Wakpala, South Dakota, man were convicted of Sexual Contact with a Person Incapable of Consenting and were sentenced on May 19, 2014, by U.S. District Judge Charles B. Kornmann.

Joseph Mark Eagle of McLaughin, age 28, was sentenced to 12 months and a day of custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Justin Howard of Wakpala, age 31, was sentenced to 18 months of custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
         
Eagle and Howard were indicted by a federal grand jury on August 22, 2012.  They both pled guilty to a Superseding Information on December 23, 2013.  The convictions stem from an assault which occurred on August 2, 2008, when both Eagle and Howard sexually assaulted an adult female who was incapable of appraising the nature of the sexual contact and was physically incapable of declining participation in the sexual contact.
         
This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Standing Rock Law Enforcement Agency.  Assistant U.S. Attorney Mikal Hanson prosecuted the case.
         
Howard and Eagle were immediately turned over to the custody of the U.S. Marshals Service to begin serving their sentences.

United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assault with Intent to Commit Murder and Assault by Strangulation.

Harold Picotte, III, age 40, was indicted on May 13, 2014.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on May 16, 2014, and pled not guilty to the Indictment.  

The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and up to $200 to the Federal Crime Victims Fund.  Restitution may also be ordered.  
The Indictment alleges that on or about February 20, 2014, Picotte unlawfully assaulted an adult female victim with the intent to commit murder by strangulation and suffocation. 

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

The investigation is being conducted by the Bureau of Indian Affairs, Cheyenne River Agency.  Assistant U.S. Attorney Mikal Hanson is prosecuting the case.   

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

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

Kola Eagle Hunter, age 29, was indicted on May 13, 2014.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on May 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.  

The Indictment alleges that on or about May 20, 2013, Eagle Hunter unlawfully assaulted an adult male victim with a club or bat, with intent to do bodily harm to the victim. 

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

The investigation is being conducted by the Bureau of Indian Affairs, Cheyenne River Agency.  Assistant U.S. Attorney Mikal Hanson is prosecuting the case.   

Eagle Hunter 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 Sioux Falls, South Dakota, man convicted of Making False Statements Relating to Health Care Matters was sentenced on May 12, 2014, by U.S. District Judge Karen E. Schreier.

Ricky Dean Johnson, age 59, was sentenced to 2 years of probation and fined $250.
         
Johnson was indicted by a federal grand jury on July 9, 2013, for False Statements Relating to Health Care Matters and Obtaining Controlled Substances By Fraud.  He pled guilty to the false statements charge on February 19, 2014.
         
Johnson, a Medicare beneficiary, presented himself to multiple physicians at multiple health care facilities, complaining of pain and seeking prescription pain medications, including Hydrocodone and Oxycodone.  To obtain the prescriptions from the different doctors, he falsely represented to each treating physician that he was not taking any other prescription pain medications.   
  
This case was investigated by the U.S. Department of Health and Human Services, Office of Inspector General, Office of Investigations.  Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.

United States Attorney Brendan V. Johnson announced that a Parmelee, South Dakota, man convicted of Abusive Sexual Contact by Force was sentenced on May 12, 2014, by U.S. District Judge Roberto A. Lange.

Daryl Plumman, age 21, was sentenced to 5 years in custody, 5 years of supervised release, a $100 special assessment to the Federal Crime Victims Fund, and $44.46 in restitution.
         
Plumman was indicted for Abusive Sexual Contact by Force by a federal grand jury on May 15, 2013.  He pled guilty on February 20, 2014.
         
The conviction stems from an incident that took place in July 2011 at Parmelee, when Plumman began to kiss the victim and she attempted to end the encounter.  Plumman held her down while he removed her pants and touched her inappropriately. 
         
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Marie H. Ruettgers prosecuted the case.
         
Plumman 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 Involuntary Manslaughter was sentenced on May 13, 2014, by U.S. Magistrate Judge Mark A. Moreno.

Colin Whirlwind Solider, age 21, was sentenced to 30 months in custody, 3 years of supervised release, a $100 special assessment to the Federal Crime Victims Fund, and $7,560.68 in restitution.
         
Whirlwind Soldier was indicted for Involuntary Manslaughter by a federal grand jury on November 14, 2013.  He pled guilty on February 20, 2014.
         
The conviction stems from an incident that took place on September 18, 2013, when Whirlwind Soldier was driving a motor vehicle while under the influence of alcohol.  Whirlwind Soldier drove between 65 and 69 miles per hour in a 35-mile per hour zone, failed to keep the vehicle on the roadway, and rolled.  The victim was ejected from the vehicle and killed as a result of blunt force trauma sustained in the crash.  Whirlwind Soldier had a blood alcohol level of .178.
         
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation.  Assistant U.S. Attorney Tim Maher prosecuted the case.
         
Whirlwind Solider 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 May 13, 2014, by U.S. District Judge Roberto A. Lange.

Reno Roubideaux, age 40, was sentenced to 84 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
         
Roubideaux was indicted for Assault Resulting in Serious Bodily Injury by a federal grand jury on August 21, 2013.  He pled guilty on March 10, 2014.
         
The conviction stems from an incident that took place on July 1, 2013, in Todd County, when Roubideaux assaulted a man while he was asleep.  Roubideaux hit the victim with his fists, while others also assaulted him with their fists and a cane.  As a result of the assault, the victim suffered a large laceration to his scalp that required staples to repair.
         
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Marie H. Ruettgers prosecuted the case.
         
Roubideaux was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that a Bullhead, South Dakota, woman convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on May 12, 2014, by U.S. District Judge Charles B. Kornmann.

Darla Yellow Earrings, age 49, was sentenced to 16 months of custody, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
         
Yellow Earrings was indicted by a federal grand jury on August 21, 2013.  She pled guilty on November 18, 2013.
         
The conviction stems from an incident which happened on or about July 14, 2013, when an officer responded to assist another officer in locating a maroon colored Chevrolet Tahoe that was reportedly involved in a hit and run earlier that day.  When the assisting officer entered the Bullhead community, he observed the Tahoe, driven by Yellow Earrings, and it was approaching his position at a high rate of speed.  At the same time, the other officer’s vehicle was in pursuit of the Tahoe, and had its emergency lights activated.  The assisting officer also activated his lights and sirens in an attempt to stop the vehicle.  As the Tahoe continued towards the assisting officer, the vehicle crossed into his lane, still at a high rate of speed, and the officer had to accelerate rapidly and swerve to avoid being struck.  The Tahoe refused to slow down and both officers joined in the pursuit and followed it to a private residence. Once the vehicle had stopped, they were able to place Yellow Earrings in custody.
         
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.
         
Yellow Earrings was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota, man charged with Failure to Appear pled guilty and was sentenced on May 13, 2014, by U.S. Magistrate Judge Mark A. Moreno.

David Andrews, age 33, was sentenced to 6 months of custody to be served consecutive to the sentence imposed in another federal case, and a $25 special assessment to the Federal Crime Victims Fund.

Andrews was indicted on July 18, 2012, for Possession with Intent to Distribute a Controlled Substance. He appeared with his attorney in front of   U. S. Magistrate Judge Mark Moreno on August 6, 2012, and was detained.

On February 21, 2013, Andrews pled guilty to a Superseding Information charging him with Possession of a Controlled Substance. During the change of plea hearing, Andrews was notified that sentencing was scheduled for Monday, May 6, 2013, at the U.S Courthouse in Pierre. Following the change of plea hearing, Andrews was released on a Personal Recognizance Bond pending sentencing.  He signed the Order Setting Conditions of Release on February 22, 2013, indicating he understood that failure to appear for court could lead to prosecution, and that he needed to appear as directed by the Court.

Andrews failed to appear on May 6, 2013, as directed, and the Court noted his absence at the sentencing hearing. The District Court allowed Andrews an additional 24 hours to appear, but he failed to do so. His whereabouts were unknown until February 19, 2014, when he was arrested in Sioux Falls.

The investigation was conducted by the U.S. Marshals Service.  The case was prosecuted by Assistant U.S. Attorney Jay Miller.

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

United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota, man convicted of Domestic Assault by a Habitual Offender was sentenced on May 12, 2014, by U.S. District Judge Roberto A. Lange.

Fabian McCloskey, age 39, was sentenced to 37 months in custody, 2 years of supervised release, and $100 to the Federal Crime Victims Fund.
         
McCloskey was indicted by a federal grand jury on December 10, 2013.  He pled guilty on February 11, 2014.
         
The conviction stems from an incident on November 29, 2013, when McCloskey was at a family member’s home where the victim and her children were staying during the Thanksgiving holiday.  McCloskey asked the victim to sit with him in another room.  When she refused, he struck her several times in the face, then pulled the victim toward him by her hair, and drove his knee toward the victim’s head, striking her several times.  As a result, the victim suffered minor injuries to her face, including several welts to her forehead and cuts to her lips and the inside of her mouth.
         
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Marie H. Ruettgers prosecuted the case.
         
McCloskey was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that a Ridgeview, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on May 12, 2014, by U.S. District Judge Roberto A. Lange.

Gary Big Eagle, age 50, was sentenced to 10 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Big Eagle was indicted for Possession of a Firearm by a Prohibited Person by a federal grand jury on September 17, 2013. He pled guilty to the Indictment on February 11, 2014.

The conviction stems from an incident that took place on May 23, 2013, when a Cheyenne River Sioux Tribe Police Officer responded to a call. The officer entered the residence from where the call originated and was told that Big Eagle, who had been staying at the residence, was a convicted felon who had taken a rifle from the owner and refused to give it back.  The officers found a rifle in the room where Big Eagle was staying. Big Eagle admitted he had been previously convicted of a felony and that he had not applied to be able to legally possess a firearm. He further acknowledged that the rifle in the room belonged to his mother, and that he used it to shoot skunks and snakes around the property.

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

Big Eagle 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 Fort Thompson, South Dakota, man has been indicted by a federal grand jury for Domestic Assault by a Habitual Offender, Assault with a Dangerous Weapon, and Robbery.

Gary Walking Bull, age 36, was indicted on April 22, 2014.  He appeared before U.S. Magistrate Judge Mark A. Moreno on May 12, 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 between March 21, 2014, and March 22, 2014, and again on April 7, 2014, Walking Bull unlawfully committed domestic assaults against a victim.  At the time of the assaults, Walking Bull had at least two separate prior convictions for assaults that were against a spouse or intimate partner.  In one of the cases, the victim was assaulted with a dangerous weapon and money was taken from her.

The charges are merely accusations and Walking Bull 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.   

Walking Bull was remanded to the custody of the U.S. Marshals Service pending trial which has been set for July 1, 2014.

United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, woman, her husband, and her son were sentenced on April 29, 2014, by U.S. District Judge Roberto A. Lange.  
         
On October 10, 2012, Shannon Running, age 55, and Norman Running, Sr., age 55, both of Rosebud, and their son Norman Running, Jr., age 35, of Soldier Creek, were all indicted by a federal grand jury for Conspiracy to Commit Wire Fraud.  Shannon was also charged with six counts of Wire Fraud, and Norman, Jr. was also charged with Structuring Currency Transactions. 
         
Shannon and Norman, Sr. both pled guilty to the conspiracy charge on February 4, 2014.  The other charges against Shannon were dismissed. On the same date, Norman, Jr. pled guilty to a Superseding Information charging him with Larceny, and the original Indictment against him was dismissed.

Shannon was sentenced to 51 months in custody, to be followed by 3 years of supervised release.  She was ordered to pay restitution in the amount of $405,790.

Norman, Sr. was sentenced to 3 years of probation.  He was ordered to pay restitution in the amount of $35,832.80.

Norman, Jr. was sentenced to 3 years of probation.  He was ordered to pay restitution in the amount of $10,130.

In approximately June of 2009, Shannon Running contacted an acquaintance in California and told him that she expected to receive a large inheritance from her grandmother, which was untrue.  Shannon requested that the victim provide her and her family with financial assistance, and assured him he would be repaid from her inheritance. 

The victim was unable to provide the entire amount of financial support requested by Shannon, so he recruited some of his friends to loan money to the Running family as well. 

The victims were contacted by e-mail and were instructed to send money via Western Union, MoneyGram, and other wire transfer methods.  All three defendants benefitted from the scheme.
         
This case was investigated by the Federal Bureau of Investigation.  Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.
         
Shannon Running was allowed to self-surrender to the U.S. Marshals Service on May 6, 2014, and the two other defendants immediately began their terms of probation.