District of South Dakota

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.

United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Possession of Unregistered Firearm, Prohibited Person in Possession of Firearm, Assault with a Dangerous Weapon and Using and Carrying a Firearm During and in Relation to a Crime of Violence.

Clyde Aquallo, age 39, was indicted on April 22, 2014.  He appeared before U.S. Magistrate Judge Mark A. Moreno on May 5, 2014, and pled not guilty to the Indictment.

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

The Indictment alleges that on or about February 27, 2014, Aquallo, being an unlawful user of a controlled substance, knowingly received and possessed several firearms, one of which was a short barreled shotgun that was not registered to Aquallo.  On or about March 3, 2014, Aquallo unlawfully assaulted the victim with a rifle, and did carry and use the firearm during a crime of violence. 

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

The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant U.S. Attorney Tim Maher is prosecuting the case.   

Aquallo was released to a third party custodian pending trial.  A trial date has been set for July 1, 2014.

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

Logan Hayes, age 26, was indicted on April 15, 2014.  He appeared before U.S. Magistrate Judge William D. Gerdes on May 6, 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 July 31, 2012, Hayes unlawfully assaulted the victim, which resulted in serious bodily injury.

The charge is merely an accusation and Hayes 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.   

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

United States Attorney Brendan V. Johnson announced that a Martin, South Dakota, woman convicted of Conspiracy to Commit Theft Concerning Programs Receiving Federal Funds was sentenced on May 6, 2014, by Jeffrey L. Viken, Chief U.S. District Judge.

Samone Darla Milk, age 32, was sentenced to 14 months in custody, to be followed by 3 years of supervised release.  She was also ordered to make restitution of $109,135.
         
Milk was indicted for Conspiracy to Commit Theft Concerning Programs Receiving Federal Funds and two counts of Theft Concerning Programs Receiving Federal Funds by a federal grand jury on October 8, 2013.  She pled guilty to the conspiracy charge on January 3, 2014, and the other charges were dismissed.
         
From May 2009 through December 2009, Milk formed an agreement with others to steal funds belonging to the Oglala Sioux Tribe.  Milk was the executive secretary for the Tribe’s Energy/Low Income Home Energy Assistance Program (LIHEAP.)  In her capacity as executive secretary, Milk and others drafted fake invoices and quotes for contract work purportedly to be completed by co-conspirators.  Milk facilitated the processing of these documents through the Energy/LIHEAP program.  In turn, checks were issued by the Tribe’s Treasurer’s Office to pay for the fraudulent invoices.  Milk and her co-conspirators received the checks, cashed them, and divided the funds among themselves to use for their own purposes. 
         
This case was investigated by the U.S. Department of Health and Human Services, Office of Investigations.  Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.
         
Milk was ordered to turn herself in to the U.S. Marshals Service on or before May 22, 2014.

United States Attorney Brendan V. Johnson announced that a Howes, South Dakota, woman convicted of embezzlement from a credit union was sentenced on April 29, 2014, by U.S. District Judge Robert A. Lange.

Sara Jo Morrison, age 33, was sentenced to 1 month in custody to be followed by 2 years of supervised release.  She was also ordered to make restitution in the amount of $5,400.
         
Morrison was indicted for Credit Union Embezzlement by a federal grand jury on July 17, 2013.  She pled guilty on January 14, 2014.
         
Between October 2010 and January 2011, Morrison was employed as a teller at a credit union in Eagle Butte. She took money from her teller drawer and then falsely recorded the drawer’s cash count on the credit union’s books.
         
This case was investigated by the Federal Bureau of Investigation.  Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.
         
Morrison was allowed to self-surrender to the U.S. Marshals Service on May 6, 2014.

United States Attorney Brendan V. Johnson announced that a Spearfish, South Dakota, man has been indicted by a federal grand jury for Production of Child Pornography Transported to the United States, Travel with Intent to Engage in Sexual Activity, and Possession of Child Pornography.

Richard William Melanson, age 51, was indicted on April 8, 2014.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on May 1, 2014, and pled not guilty to the Indictment.  

The penalty upon conviction is not less than 15 years and up to 30 years’ imprisonment and/or a $250,000 fine, up to life of supervised release, and a $100 assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment charges that between January 2008 and June 2011, Melanson knowingly possessed computer files that contained child pornography images, induced a minor outside of the United States to produce a pornographic image, and traveled to Guatemala to engage in sexual acts with minors.

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

The investigation is being conducted by the South Dakota Internet Crimes Against Children Task Force and the U.S. Immigration and Customs Enforcement's Homeland Security Investigations.  Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.  

Melanson 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 Rapid City, South Dakota, man convicted of Receipt of Child Pornography was sentenced on April 29, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Rodney Volker, age 67, was sentenced to 108 months in custody, 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
         
Volker was indicted for Possession of Child Pornography and Receipt of Child Pornography by a federal grand jury on October 22, 2013.  He pled guilty to the Receipt of Child Pornography charge on January 2, 2014.
         
The charge related to Volker taking his computer to a computer repair company in Rapid City on September 19, 2013, and asking them to wipe it clean of all data because it wasn’t working properly.  While the computer company employee was doing this, he viewed what he believed to be child pornography on the computer and reported it to law enforcement.  After a forensic analysis was done on the computer, 122 images of child pornography were found, many involving sexual acts by children with adult males and many involving girls under the age of 10.
         
This case was investigated by the Rapid City Police Department and the South Dakota Internet Crimes against Children Taskforce.  Assistant U.S. Attorney Sarah Collins prosecuted the case.
         
Volker 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 has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.

Justin Walking Elk, age 31, was indicted on April 15, 2014.  He appeared before U.S. Magistrate Judge William D. Gerdes on May 1, 2014, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and up to $200 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about October 10, 2013, Walking Elk unlawfully assaulted two victims, with one of the assaults resulting in serious bodily injury.

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

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

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

United States Attorney Brendan V. Johnson announced that a Howes, South Dakota, man has been charged with a federal offense of Unlawful Taking of Bald Eagle by an Information filed on April 11, 2014.

Cody M. Weyer, age 42, appeared before U.S. Magistrate Judge Veronica L. Duffy on May 2, 2014, and pled not guilty to the charge. 

The maximum penalty upon conviction is one year of imprisonment and/or a $100,000 fine, one year of supervised release and an additional year of supervised release upon revocation, and a $25 special assessment to the Federal Crime Victims Fund.  Restitution may also be ordered. 

The Information alleges that Weyer, between January 1, 2014, and January 21, 2014, without permission to do so, knowingly killed a bald eagle.

The charge is merely an accusation and Weyer is presumed innocent until and unless proven guilty.
         
The investigation is being conducted by the U.S. Fish and Wildlife Services.  Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case. 
  
Weyer was released on bond pending trial which has been set for July 8, 2014.

United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, woman convicted of two counts of Simple Assault of a Minor was sentenced on May 2, 2014, by U.S. Magistrate Judge Mark A. Moreno.  

Terri Kills Crow, a/k/a Terri Village Center, age 28, was sentenced to 24 months of probation and a $50 special assessment to the Federal Crime Victims Fund.

Kills Crow was indicted by a federal grand jury on May 15, 2013, and pled guilty to two counts of Simple Assault of a Minor on February 21, 2014.

The conviction arose from two incidents in November 2012 when Kills Crow assaulted two minor victims in Eagle Butte who had not attained the age of 16. In the first incident, Kills Crow grabbed the victim’s arm and pulled in an inappropriate, excessive, and offensive manner that caused the victim great pain and exacerbated an existing arm injury.  In the second incident, in an attempt to punish the victim, Kills Crow hit the victim with a fly swatter in an excessive and offensive manner that went beyond any normal or reasonable means of punishment or correction for a young child.

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.

United States Attorney Brendan V. Johnson announced that an Arizona man convicted of Escape was sentenced on May 5, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Steven C. Durant, age 55, was sentenced to 18 months in custody, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
         
In 1992, Durant was sentenced to 78 months in custody on a firearms violation.  Upon completion of his sentence, he was placed on supervised release. After one month of supervised release at the Community Alternatives of the Black Hills, Durant absconded on March 21, 1997.  Durant was then indicted for Escape by a federal grand jury on April 9, 1997.  Following that Indictment, Durant evaded authorities for over 16 years until his capture by the U.S. Marshals Service in Arizona on September 10, 2013.  He pled guilty to the Escape charge on December 12, 2013. 
         
This case was investigated by the U.S. Marshals Service.  Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
         
Durant was immediately returned to the custody of the U.S. Marshals Service.                       

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

Alice Blacksmith, age 49, was indicted on April 15, 2014.  She appeared before U.S. Magistrate Judge Mark A. Moreno on April 28, 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 in February and March of 2014, Blacksmith possessed and knowingly and intentionally distributed methamphetamine, a Schedule II controlled substance, on the Rosebud Sioux Reservation in South Dakota.

The charges are merely an accusation and Blacksmith 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.   

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

United States Attorney Brendan V. Johnson announced that a Wanblee, South Dakota, woman convicted of Conspiracy to Distribute Methamphetamine was sentenced on April 22, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Shy Bettelyoun, age 30, was sentenced to 30 months in custody, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
         
Bettelyoun was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on February 20, 2013.  She pled guilty on November 8, 2013.
         
The charge relates to Bettelyoun and others, including Angel Provincial, Robert Provincial, Clinton Provincial, Shawna Provincial, and Diana Bald Eagle, conspiring to distribute methamphetamine in the District of South Dakota between the timeframe of August 2009 and February 2013.
         
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, the Federal Bureau of Investigation, the Bureau of Indian Affairs Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.  Assistant U.S. Attorney Ted L. McBride prosecuted the case.
         
Bettelyoun was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that three Fort Thompson, South Dakota, men have been charged by Information with three counts of Possession of a Controlled Substance.
         
Lucas Middletent, age 27; Victor Middletent, age 30; and Thomas Middletent, age 32, were charged by Information on April 21, 2014.  Lucas and Thomas Middletent appeared before U.S. Magistrate Judge Mark A. Moreno on April 23, 2014, and pled not guilty to the Information. Victor Middletent appeared before Judge Moreno on April 30, 2014, and pled not guilty to the Information.
         
The maximum penalty upon conviction is 1 year of imprisonment, and/or a mandatory $1,000 fine up to a $100,000 fine, 1 year of supervised release, an additional 1 year of supervised release upon revocation, and a mandatory $25 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
         
The Information alleges that at various times between July 2013 and November 2013, in Fort Thompson, Lucas, Victor, and Thomas Middletent intentionally and knowingly possessed methamphetamine, a Schedule II controlled substance.
         
The charges are merely accusations, and all three men are presumed innocent until and unless proven guilty.
         
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force.  Assistant U.S. Attorney Jay Miller is prosecuting the cases.
         
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 St. Francis, South Dakota, man convicted of Attempt to Obtain Controlled Substance by Fraud was sentenced on April 28, 2014, by U.S. District Judge Roberto A. Lange.

Titus Iron Shield, age 48, was sentenced to 3 months in custody, 1 year of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
         
Iron Shield was indicted for Attempt to Obtain Controlled Substance by Fraud by a federal grand jury on January 15, 2014.  He pled guilty on February 3, 2014.
         
On approximately April 30, 2013, Iron Shield fraudulently presented an altered prescription in an attempt to receive 30 Hydrocodone pills from the Rosebud Indian Health Service Pharmacy.  A pharmacist examined the prescription, recognized it could be an invalid and fraudulent prescription, and the matter was reported to law enforcement authorities. 
         
This case was investigated by Office of Inspector General – Department of Health and Human Services.  Assistant U.S. Attorney Tim Maher prosecuted the case.
         
Iron Shield was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that six individuals, five of whom are family members, have been sentenced for their roles in a conspiracy to harbor aliens and for harboring aliens between January 2008 and May 2013.  The fraud is in connection with contracts entered into with the U.S. Forest Service.
                          
The convictions are a result of a criminal investigative operation conducted by U.S. Immigration and Customs Enforcement's Homeland Security Investigations, in cooperation with the U.S. Forest Service, the Rapid City Police Department, the Pennington County Sheriff's Office, the South Dakota Division of Criminal Investigation, the Custer County’s Sheriff’s Office, the U.S. Department of Labor, and other federal and state law enforcement agencies. 

The following individuals were sentenced on April 24 and April 25, 2014:

*Angel Munoz-Escalante, age 60, owner and operator of Munoz Logging and Construction Company, was sentenced for False Statement. He received 12 months and 1 day of imprisonment, 1 year of supervised release, 50 hours of community service, $539,507.92 in restitution, a $100 assessment to the Federal Crime Victims Fund, and forfeiture of a 2007 Dodge Ram pickup truck, a 2006 Dodge pickup truck, a Timbco Valmet T445 EXL, a Timbco T425B, and $108,590.08 in currency. The total value of the seized and forfeited items is $260,492.08.Munoz-Escalante intentionally submitted approximately 50 contract certifications for payment to the U.S. Forest Service.  The certifications were in violation of law, as they contained materially false statements.  The work performed on the contracts was not done in accordance with the contract terms because Munoz-Escalante employed undocumented aliens and failed to pay workers at prevailing wage and benefit rates. Munoz-Escalante is scheduled to begin his prison term on May 26, 2014.

*Barbara Munoz, age 55, owner and operator of Munoz Logging and Construction Company, was sentenced for Misprison of a Felony. She received 1 year of probation, 100 hours of community service, and a $100 assessment to the Federal Crime Victims Fund. Munoz was aware that her husband, Angel Munoz-Escalante, was committing federal felony crimes by circumventing U.S. Forest Service contract requirements and did not report those crimes.

*Aurelio Munoz-Escalante, age 51, owner and operator of Black Hills Thinning Company, was sentenced for False Statement. He received 3 months of imprisonment, 1 year of supervised release, $135,276.88 in restitution, a $100 assessment to the Federal Crime Victims Fund, and forfeiture of a 518C Skidder, a 2005 CAT 525B Skidder, and $116,724.12 in currency. The total value of the seized and forfeited items is $165,590.12. Aurelio Munoz-Escalante intentionally submitted approximately 32 contract certifications for payment to the U.S. Forest Service.  The certifications were in violation of law, as they contained materially false statements.  The work performed on the contracts was not done in accordance with the contract terms because Aurelio Munoz-Escalante employed undocumented aliens and failed to pay workers at prevailing wage and benefit rates. Aurelio Munoz-Escalante is scheduled to begin his prison term at a later date.

*Rogelio Escalante, age 57, owner and operator of Escalante Logging Company and Escalante Logging and Thinning Company, was sentenced for False Statement. He received 6 months of home confinement, 2 years of probation, $249,155.23 in restitution, a $100 assessment to the Federal Crime Victims Fund, and forfeiture of a 2005 ASV Positract RC 100, a Tigercat 610C Skidder, a 1998 Timberjack 460 Skidder, and $38,875.29 in currency.  The total value of the seized and forfeited items is $223,875.29. Escalante intentionally submitted approximately 25 contract certifications for payment to the U.S. Forest Service.  The certifications were in violation of law, as they contained materially false statements.  The work performed on the contracts was not done in accordance with the contract terms because Escalante employed undocumented aliens and failed to pay workers at prevailing wage and benefit rates.

*Miguel Soto, age 31, foreman for Black Hills Thinning Company, was sentenced for Continuing Unlawful Employment of Aliens. He received a $2,500 fine, a $10 special assessment to the Federal Crime Victims Fund, and forfeiture of $3,087 in currency. Soto, while working for Black Hills Thinning Company as a supervisor, knowingly paid illegal alien employees. In addition, while running his own logging crew, he knowingly employed illegal workers.

*Pascual Munoz, age 55, owner and operator of Pine Forest Logging and Thinning, was sentenced for Continuing Unlawful Employment of Aliens. He received a $2,500 fine, a $10 special assessment to the Federal Crime Victims Fund, and forfeiture of his logging equipment.  The total value of the seized and forfeited items is $22,500. Munoz hired illegal workers, did not pay insurance or overtime, and did not provide safety equipment, all in violation of his U.S. Forest Service contracts.

Assistant U.S. Attorneys Sarah B. Collins and Eric Kelderman prosecuted the cases.

Four additional defendants associated with this case will be sentenced at a later date. 

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

Arnold Eagle Bear, age 31, was indicted on April 22, 2014.  He appeared before U.S. Magistrate Judge Mark A. Moreno on April 30, 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, life of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that between November 1, 2013, and December 31, 2013, Eagle Bear had sexual contact with a minor who had not attained the age of 16.

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

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

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

United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted by a federal jury on charges of Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury, was sentenced on April 25, 2014, by U.S. District Court Judge Karen E. Schreier.

Richard Bear Runner, age 25, was sentenced to 57 months of imprisonment, 3 years of supervised release, and ordered to pay a $200 special assessment to the Federal Crime Victims Fund. 
         
In September 2012, at Porcupine, Bear Runner assaulted a woman with a wooden stick that had a sharp hook on it, causing multiple cuts on her legs and back. 
         
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.  
         
Bear Runner 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 Conspiracy to Distribute Methamphetamine was sentenced on April 21, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Wilber Sinai Valdovinos-Gil, age 23, was sentenced to 120 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.  
         
Valdovinos-Gil was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on April 4, 2012.  He pled guilty on December 20, 2013.
         
From June 2010 until April 4, 2012, Valdovinos-Gil conspired and agreed with Hugo Arechiga-Torres, and other persons, to distribute more than 1.5 kilograms of methamphetamine in South Dakota.  Torres is scheduled to be sentenced on June 2, 2014.
         
This case was investigated by the U.S. Immigration and Customs Enforcement's Homeland Security Investigations, Drug Enforcement Administration, South Dakota Division of Criminal Investigation, Minnesota Bureau of Criminal Apprehension, Sioux Falls Area Drug Task Force, and the Unified Narcotics Enforcement Team.  Assistant U.S. Attorney Ted L. McBride prosecuted the case.
         
Valdovinos-Gil was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, man convicted of sexual abuse was sentenced on April 29, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Daniel Tobacco, age 20, was sentenced to 48 months in custody, 5 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
         
Tobacco was indicted for Sexual Abuse by a federal grand jury on June 12, 2012.  He was convicted following a federal jury trial in Rapid City in January of 2013.
         
The conviction stems from Tobacco engaging in a sexual act with an unconscious female at Pine Ridge on February 23, 2012.
         
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.  Supervisory Assistant U.S. Attorney Gregg S. Peterman handled the sentencing.

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

United States Attorney Brendan V. Johnson announced that a Pierre, South Dakota, woman convicted of Making False Statements to a Federal Agency was sentenced on April 28, 2014, by U.S. District Judge Roberto A. Lange.

Kelsey Howe, age 20, was sentenced to 2 months in custody, 1 year of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
         
Howe was indicted by a federal grand jury on November 14, 2013.  She pled guilty on February 3, 2014.
         
The conviction stems from an incident on October 31, 2013, when law enforcement received information that Jason Garreau, an individual they were searching for following a shooting with law enforcement, had called family from a telephone number that was associated with Howe’s trailer home in Pierre. The officer spoke with Howe on the telephone and told her there had been an officer involved in a shooting in Fort Thompson and that he needed to locate Garreau to speak with him. The officer asked Howe if she knew Garreau’s location.  Howe told the officer that she did not.  The officer then asked Howe if she was at her residence, and she said she was at a relative’s home in southeast Pierre.

A few minutes after the call, officers observed Howe exit her residence. She was stopped by law enforcement a few blocks away, and was again asked if anyone was inside her residence. She said no one was inside the home, and said she had not seen Garreau in the past two weeks.  Howe was then confronted by an officer with the drug task force about lying to the officers.  She finally stated that she knew Garreau, and he was, in fact, inside her residence at the time.  Howe told agents that Garreau had arrived at her residence around 12:30 a.m. and that he had a long black gun with him in the house.  A lengthy standoff with Garreau ensued and he was eventually taken into custody.
         
This case was investigated by the Federal Bureau of Investigation.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
         
Howe was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that a Parmelee, South Dakota, man convicted of Failure to Appear was sentenced on April 28, 2014, by U.S. District Judge Roberto A. Lange.

Adam Poor Bear, age 24, was sentenced to 12 months and 1 day in custody, and a $100 special assessment to the Federal Crime Victims Fund.          

Poor Bear was indicted for Failure to Appear by a federal grand jury on December 10, 2013.  He pled guilty on March 5, 2014.
         
On December 2, 2013, Poor Bear, having been charged with Assault with a Dangerous Weapon and Supervised Release Revocation, failed to appear for his sentencing hearing as ordered by the court.
         
This case was investigated by the U.S. Marshals Service and the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Tim Maher prosecuted the case.
         
Poor Bear was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that a Mobridge, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on April 28, 2014, by U.S. District Judge Charles B. Kornmann.

Brandon Noisy Hawk, age 32, was sentenced to 21 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
         
Noisy Hawk was indicted by a federal grand jury on July 17, 2013.  He pled guilty on December 2, 2013.

The conviction stems from Noisy Hawk failing to register as a sex offender between April 13, 2013, and June 30, 2013.  Noisy Hawk was previously convicted of a sex offense in federal court and is required by federal law to register as a sex offender for the rest of his life.
         
This case was investigated by the U.S. Marshals Service.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.
         
Noisy Hawk 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 Burglary and Larceny.

Eugene Watts, Jr., age 19, was indicted on April 15, 2014.  He appeared before U.S. Magistrate Judge Mark A. Moreno on April 28, 2014, and pled not guilty to the Indictment.

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

The Indictment alleges that on or about July 24, 2013, in Mission, Watts and others entered an unoccupied structure and took several items valued at more than $1,000.

The charge is merely an accusation and Watts 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.   

Watts 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 Assaulting, Resisting, Opposing, and Impeding a Federal Officer.

Logan Lafferty, age 27, was indicted on April 22, 2014.  He appeared before U.S. Magistrate Judge Mark A. Moreno on April 28, 2014, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about March 8, 2014, Lafferty did use a dangerous weapon, a vehicle, to assault law enforcement officers.

The charge is merely an accusation and Lafferty 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.   

Lafferty 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 McLaughlin, South Dakota, woman convicted of Distribution of a Controlled Substance was sentenced on April 28, 2014, by U.S. District Judge Charles B. Kornmann.

Adjoni Jones, a/k/a Adjoni Archambault, age 33, was sentenced to 18 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
         
Jones was indicted for Distribution of a Controlled Substance to a Person under the Age of 21, Distribution of a Controlled Substance, and Child Abuse and Neglect by a federal grand jury on June 12, 2013. She pled guilty to Distribution of a Controlled Substance on December 2, 2013.
         
The conviction arose from incidents that occurred between July 1, 2009, and July 30, 2012, when Jones distributed and possessed with intent to distribute methylphenidate, a Schedule II controlled substance, at McLaughlin.
         
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorneys Kathryn Rich and Jay Miller prosecuted the case.
         
Jones was immediately turned over to the custody of the U.S. Marshals Service to begin serving her sentence.

United States Attorney Brendan V. Johnson announced that a Hill City, South Dakota, man convicted of Possession with Intent to Distribute a Controlled Substance and Possession of a Stolen Firearm was sentenced on April 21, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Levi Allen Thompson, age 32, was sentenced to 37 months in custody, 3 years of supervised release, and a $200 special assessment to the Federal Crime Victims Fund.
         
Thompson was indicted for Possession with Intent to Distribute a Controlled Substance and Possession of a Stolen Firearm by a federal grand jury on July 23, 2013.  He pled guilty on December 20, 2013.

On December 13, 2012, a safe containing marijuana and that belonged to the defendant was seized in Pennington County, South Dakota.  Thompson was aware that the safe contained 158 grams of marijuana, and he intended to distribute at least part of that amount.  In addition, between November 2012 and December 2012, Thompson possessed a Ruger .357 revolver that he knew had been stolen.
         
This case was investigated by the South Dakota Division of Criminal Investigation and the Rapid City Police Department.  Assistant U.S. Attorney Ted L. McBride prosecuted the case.
         
Thompson 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 Failure to Register as a Sex Offender was sentenced on April 28, 2014, by U.S. District Judge Roberto A. Lange.

Stuart Dion, age 30, was sentenced to 15 months in custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
         
Dion was indicted by a federal grand jury on November 14, 2013.  He pled guilty on February 3, 2014.

The conviction stems from Dion failing to register as a sex offender between September 17, 2013, and October 21, 2013.  Dion was previously convicted of a sex offense in federal court and is required by federal law to register as a sex offender for the rest of his life.
         
This case was investigated by the U.S. Marshals Service.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
         
Dion was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man convicted of Abusive Sexual Contact with a Child was sentenced on April 28, 2014, by U.S. District Judge Roberto A. Lange.

Daniel Briggs, age 28, was sentenced to 135 months in custody, 5 years of supervised release, $43.20 in restitution, and a $100 special assessment to the Federal Crime Victims Fund.

Briggs’ conviction is the result of an incident that occurred between December 2010 and December 2012, when Briggs was living with the victim’s mother.  At times, when the mother was at work, Briggs was the victim’s caretaker, and had custody and control of the child victim, who was between the ages of 3 and 5 years old.  At some point during his babysitting, Briggs had the child victim perform a sex act on him.
         
This case was investigated by the Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Mikal Hanson prosecuted the case.
                   
Briggs was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that an Allen, South Dakota, man convicted of First Degree Burglary was sentenced on April 28, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.

George Cortier, age 26, was sentenced to 6 months in custody, 2 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
         
Cortier was indicted for First Degree Burglary by a federal grand jury on November 19, 2013.  He pled guilty on January 13, 2014.
         
The conviction relates to an incident that happened in July of 2013 when Cortier entered a residence through a basement window during the nighttime while the resident of the home was sleeping.  Once inside the home, Cortier stole three television sets, a VCR, a handsaw, and a chainsaw.
         
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.  Assistant U.S. Attorney Eric Kelderman prosecuted the case.
         
Cortier was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that a Vale, South Dakota, man has been charged with a federal offense of Unlawful Taking of Migratory Birds and Lacey Act Violations by an Information filed on April 11, 2014. 

Glen V. Schummer, age 68, appeared before U.S. Magistrate Judge Veronica L. Duffy on April 22, 2014, and pled not guilty to the charge. 

The maximum penalty upon conviction is one year of imprisonment and/or a $100,000 fine, one year of supervised release and an additional year of supervised release upon revocation, and up to a $35 special assessment to the Federal Crime Victims Fund.  Restitution may also be ordered. 

The Information alleges that Schummer, between February 13, 2013, and February 13, 2014, knowingly hunted, killed, transported, received and acquired wildlife, specifically hawks and owls, when Schummer knew the protected birds were taken, possessed, and transported in a manner unlawful under the law and regulations of the United States.

The charges are merely accusations and Schummer is presumed innocent until and unless proven guilty.
         
The investigation is being conducted by the U.S. Fish and Wildlife Services.  Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.        

Schummer was released on bond pending trial, which has been set for July 1, 2014. 

United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Failure to Appear.

Chauncy Crow Dog, age 20, was indicted on April 22, 2014.  He appeared before U.S. Magistrate Judge Mark A. Moreno on April 25, 2014, and pled not guilty to the Indictment.

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

The Indictment alleges that on or about March 24, 2014, Crow Dog, having been charged with the offenses of Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury, did knowingly fail to appear for a pretrial conference on March 24 and a jury trial on March 25.

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

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

Crow Dog 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 Rapid City, South Dakota, woman convicted of Involuntary Manslaughter was sentenced on April 22, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Lavina Mackey, age 54, was sentenced to 5 years in custody, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
         
Mackey was indicted for Felony Child Abuse and Neglect, Involuntary Manslaughter, and Operating a Motor Vehicle under the Influence of Alcohol Resulting in Serious Bodily Injury to a Minor Child by a federal grand jury on August 29, 2012.  She pled guilty to the Involuntary Manslaughter charge on December 2, 2013.
         
The charge related to Mackey driving a Ford Expedition while intoxicated on May 4, 2012, near Red Shirt Table on the Pine Ridge Indian Reservation.  Mackey lost control of the vehicle and caused a roll-over accident.  Among the several occupants of the vehicle was an unrestrained three-year-old child, who was thrown from the vehicle and died from his injuries.
         
This case was investigated by the South Dakota Highway Patrol, Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.  Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
         
Mackey was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that a Newton Square, Pennsylvania, man convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on April 23, 2014, by U.S. District Judge Roberto A. Lange. 
         
David Wallace, age 53, was sentenced to 57 months of imprisonment, a $1,000 fine, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Wallace was indicted by a federal grand jury on April 2, 2013.  He pled guilty on December 12, 2013. 

The conviction stems from an incident on March 14, 2013, when a South Dakota Highway Patrol Trooper spoke with occupants of a motor home, including Wallace, when they stopped for fuel. After his suspicions were stirred during the conversations, the trooper deployed his narcotics detection dog. The dog indicated to the odor of illegal drugs in the motor home.

The trooper searched the motor home and found four jars of hashish oil, weighing approximately 673 grams.

The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force and the South Dakota Highway Patrol. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.

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

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

Joe Scott, age 35, was indicted on April 22, 2014.  He appeared before U.S. Magistrate Judge Mark A. Moreno on April 25, 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 March 23, 2014, Scott assaulted his dating partner and the victim’s three minor children.

The charge is merely an accusation and Scott 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.   

Scott 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, woman convicted of Larceny was sentenced on April 24, 2014, by U.S. Magistrate Judge Mark A. Moreno.

Rhea Archambault, age 52, was sentenced to 18 months of probation, a $25 special assessment to the Federal Crime Victims Fund, and $1,450 in restitution.
         
Archambault was indicted by a federal grand jury on August 21, 2013.  She pled guilty to Larceny on January 31, 2014.
         
The conviction stems from an incident that happened between March 15 and March 20, 2013, when Archambault stole a book of checks belonging to L & L Auto, LLC. Over the next three to five days, Archambault negotiated several checks by forging the signature of one of the co-owners.  Some checks were stopped before the money was debited from the account holder’s checking account, while some checks remain due and owing to the various businesses to which they were written.         
  
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Troy R. Morley prosecuted the case.  

United States Attorney Brendan V. Johnson announced that a Maryland man convicted of Attempted Trafficking with Respect to Involuntary Servitude and Forced Labor was sentenced on April 22, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Michael Francis Fox Jr., 44, was sentenced to 10 years of imprisonment, 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.  Fox will also be required to register as a sex offender, and he is ordered to forfeit his 2007 Suzuki motor vehicle.

Fox was one of nine men who were arrested and federally indicted as a result of a sex trafficking undercover operation conducted during the 2013 Sturgis Motorcycle Rally, targeting persons willing to pay to have sex with underage girls obtained through the Internet.  All nine men were indicted for Commercial Sex Trafficking.

On August 4, 2013, as part of the undercover operation, Fox was arrested for attempting to obtain sex with a 12-year old girl.  He responded to a law enforcement-generated Internet advertisement which purported to offer young girls for sex, and he proceeded to negotiate the terms of the sexual encounter.  Fox then met with an undercover agent posing as someone who could provide the young girl, and he had the negotiated amount of money and condoms in his possession.  Fox was subsequently arrested. 

Of the nine original defendants, five have pled guilty.  Of those five, three have been sentenced, and the other two await sentencing.  One defendant was found guilty by a federal jury, and the 3 remaining defendants are scheduled for trial.

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

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

United States Attorney Brendan V. Johnson announced that a Manderson, South Dakota, man convicted of Voluntary Manslaughter was sentenced on April 21, 2014, by Chief Judge Jeffrey L. Viken, U.S. District Court.

Leonard David Yankton, a/k/a Lenny Yankton, age 38, was sentenced to 114 months in custody, 3 years of supervised release, and ordered to pay $3,000 in restitution and a $100 special assessment to the Federal Crime Victims Fund.
         
Yankton was indicted for Second Degree Murder by a federal grand jury on August 13, 2013.  He pled guilty to Voluntary Manslaughter on December 19, 2013.
         
The conviction relates to an incident that took place on August 2, 2013, when Yankton and the victim were drinking at a home in Manderson Housing and begin to argue.  The fight was eventually taken outside, and Yankton killed the man by repeatedly striking him in the head with a metal bar.
         
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.  Assistant U.S. Attorney Eric Kelderman prosecuted the case.
         
Yankton was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that a Fort Thompson, South Dakota, man has been indicted by a federal grand jury for Distribution of a Controlled Substance.

Emmanuel Harrison, a/k/a Manny Harrison, age 29, was indicted on April 15, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 23, 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 in October 2013, Harrison knowingly and intentionally distributed methamphetamine, a Schedule II controlled substance, at Fort Thompson.

The charge is merely an accusation and Harrison 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.   

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

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

Frank Duane Baker Jr., age 42, was indicted on April 15, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 25, 2014, and pled not guilty to the Indictment.

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

The Indictment alleges that in May 2013, Baker used force and threat of serious bodily injury and death to engage in and attempt to engage in a sexual act with a female victim.

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

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

Baker was remanded to the custody of the U.S. Marshals Service pending trial, which is set for June 16, 2014.

United States Attorney Brendan V. Johnson announced that a Chamberlain, South Dakota, man has been indicted by a federal grand jury for Burglary of a United States Post Office, Theft of Mail, and Theft of Postal Money Order.

James Short Bear, age 19, was indicted on April 15, 2014.  He appeared before U.S. Magistrate Judge Mark A. Moreno on April 23, 2014, and pled not guilty to the Indictment.

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

The Indictment alleges that between March 2 and March 3, 2014, Short Bear broke into the Chamberlain Post Office and stole mail, as well as a check written to AT&T, and tried to convert it to his own use.

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

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

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

United States Attorney Brendan V. Johnson announced that three men who were indicted by a federal grand jury on September 17, 2013, for Passing and Making Counterfeit United States Currency have been sentenced. 

Zane Blake Goodbeau, age 59, of Kimball, South Dakota, was indicted on the charge of Making Counterfeit United States Currency. He pled guilty to the charge on January 9, 2014.  He was sentenced on March 31, 2014, to 17.5 months in custody, to be served concurrent to his state court sentence.

John Patrick Laubach, age 42, of Kimball, was indicted for Passing and Making Counterfeit United States Currency.  He pled guilty to the charge, and was sentenced on April 7, 2014, to 9 months in custody.

Chaz Thomas Stewart, age 20, of Yorba Linda, California, was indicted on the charges of Passing, Possessing and Making Counterfeit United States Currency. Stewart pled guilty to Possessing Counterfeit United States Currency on January 29, 2014, and was sentenced on April 21, 2014.  Stewart was sentenced to 2 months in custody, to be served concurrent to his state sentence.

All three defendants were also ordered to repay $360 in restitution to the victims, and they were all remanded to the custody of the U.S. Marshals Service.

In August of 2013, Laubach and Goodbeau made counterfeit currency using printing materials they kept in a camper at Kimball, and then distributed it to various businesses in the Chamberlain and Kimball areas.  During that same time, Stewart possessed a $50 Federal Reserve note that he knew was counterfeit and he tried to pass the bill at an area restaurant.

The investigation was conducted by the Chamberlain Police Department and the U.S. Secret Service. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.   

United States Attorney Brendan V. Johnson announced that a Porcupine, South Dakota, man convicted of Assault on a Federal Officer was sentenced on April 17, 2014, by U.S. Magistrate Judge Veronica L. Duffy.

Troy Brave, age 39, was sentenced to 1 year of unsupervised probation and ordered to pay a $25 special assessment to the Federal Crime Victims Fund.
         
Brave was indicted on June 18, 2013, by a federal grand jury for assaulting an officer employed by the Oglala Sioux Tribe Department of Public Safety on November 11, 2012.
         
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.  Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.

United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, woman convicted of Larceny was sentenced on April 18, 2014, by U.S. Magistrate Judge Veronica L. Duffy.

Bennita Feather Earring, age 48, was sentenced to time served, 1 year of supervised release, and ordered to pay a $25 special assessment to the Federal Crime Victims Fund and $1500 in restitution.  

In March 2012, at Pine Ridge, Feather Earring and another person took three money orders belonging to someone else, arranged to have them cashed, and kept part of the money for herself. 

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

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

Tyler Red Eagle, age 22, was indicted on March 11, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 17, 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, 5 years of supervised release, and up to $700 to the Federal Crime Victims Fund.  Restitution may also be ordered.
The Indictment alleges that on or about July 2, 2013, at Soldier Creek, Red Eagle and other defendants unlawfully entered and remained in two residences and assaulted a victim in one of the residences with a metal object which resulted in serious bodily injury.

The charge is merely an accusation and Red 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.   

Red Eagle was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for June 3, 2014.

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

Daniel Berry, age 25, was indicted on April 15, 2014.  He appeared before U.S. Magistrate Judge Mark A. Moreno on April 17, 2014, and pled not guilty to the Indictment.

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

The Indictment alleges that between January 1, 2012, and January 31, 2012, Berry knowingly engaged in and attempted to engage in a sexual act with the victim, who had not attained the age of 16 years old.

The charge is merely an accusation and Berry 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.   

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

United States Attorney Brendan V. Johnson announced that Terry Friend, CNM, MSN, from Kyle, South Dakota, was awarded a Department of Justice Certificate of Appreciation as part of National Crime Victims’ Rights Week 2014.        
         
Friend was recognized for her outstanding dedication, service, and contributions on behalf of crime victims.  Originally from Massachusetts, Friend is currently a full time midwife at the Kyle Health Center’s Four Directions Clinic, where she manages two Domestic Violence Prevention Initiatives.
         
Terry Friend has lived on the Pine Ridge Reservation since 1981.  She has provided an innovative approach to healthcare, as evidenced by many of the programs she has pioneered as a midwife for Indian Health Services (IHS). For instance, in 2001, she developed the first sexual assault program on the reservation, which now includes a community setting separate from the emergency room and hospital in Kyle. 

One of her most notable accomplishments to date includes the opening of the Four Directions Clinic in Kyle in January of 2014.  It provides a clinic based setting and comfortable environment to those needing care after a sexual assault or abuse, as well as offering other services.  The 2,400 square feet clinic is located on the Kyle Health Facility Campus.  Two clinical nurses work with Friend to provide sexual assault forensic exams, women’s health exams, prenatal care, sexually transmitted disease and HIV screening and treatment, family planning, and community education.  The high-tech clinic has three exam rooms, a forensic interview room, reception desk, two staff offices, and a conference room.

“Terry Friend has made remarkable strides in providing quality, compassionate care to women and children on the Pine Ridge Reservation who have been victims of sexual abuse and violence,” said Johnson.  “We are very fortunate to have someone of Terry’s caliber who is so committed to helping people on the reservation and who works diligently to ensure their healthcare needs are met.”

Friend has received several awards over the years which include Yale’s Distinguished Alumni Award in 2002 for improvement of healthcare to native women, the National IHS Director’s Award in 2005, and the IHS Prevention Award in 2009 for building partnerships aimed at health promotion and disease prevention. 

Johnson’s staff presented the award to Friend in recognition of National Crime Victims’ Rights Week.  The presentation took place at the Four Directions Clinic in Kyle on April 11, 2014.

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

Waylon Black Lance, Jr., age 24, was indicted on March 11, 2014. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 16, 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, 5 years of supervised release, and up to $700 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on or about July 2, 2013, at Soldier Creek, Black Lance and other defendants unlawfully entered and remained in two residences, and assaulted a victim in one of the residences with a metal object which resulted in serious bodily injury.

The charge is merely an accusation and Black Lance 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.   

Black Lance was remanded to the custody of the U.S. Marshals Service pending trial which has been set for June 3, 2014.