District of South Dakota

United States Attorney Brendan V. Johnson announced that a Pierre, South Dakota, man charged with Failure to Pay Child Support has pled guilty and was sentenced on October 23, 2013, by U.S. District Judge Roberto A. Lange
         
Jason Hackett, age 36, was sentenced to 5 years' unsupervised probation, restitution in the amount of $41,610.26, and a $100 special assessment to the Federal Crime Victims Fund. 

The conviction stems from nonpayment of past due child support obligations as ordered by the Sixth Judicial Circuit, Hughes County, South Dakota.  From on or about May 1, 2012, and continuing to the present, Hackett has resided in a different state than his minor child, and failed to pay past due support obligations.
         
The investigation was conducted by the U.S. Department of Health and Human Services.  Assistant U.S. Attorney Troy R. Morley prosecuted the case. 

United States Attorney Brendan V. Johnson announced that Kamelia No Moccasin, a/k/a Kamelia Shoulders, age 29, of Parmelee, South Dakota, appeared before U.S. District Judge Roberto A. Lange on October 24, 2013, and pled guilty to Failure to Appear. 

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

Previously, No Moccasin was placed on personal recognizance after an initial appearance and arraignment on an Involuntary Manslaughter charge in U.S. District Court, which required her to attend all court proceedings as a condition of release.  On June 11, 2013, No Moccasin did not appear for her trial at 9:00 am, as ordered.  She was apprehended and arrested on June 20, 2013.

The investigation was conducted by the U.S. Marshals Service.  The case is being prosecuted by Assistant U.S. Attorney Marie H. Ruettgers.

A presentence investigation was ordered and a sentencing date was set for December 3, 2013.  The defendant was remanded to the custody of the U.S. Marshals Service pending sentencing.

United States Attorney Brendan V. Johnson announced that Hubert Desersa, age 23, of Mission, South Dakota, appeared before U.S. Magistrate Judge Mark A. Moreno on October 23, 2013, and pled guilty to Assault by Striking, Beating and Wounding, and Simple Assault. 

The maximum penalty upon conviction is 18 months in custody and/or a $105,000 fine, and $35 to the Federal Crime Victims Fund.

The conviction stems from an incident that took place on May 31, 2013, when Desersa slapped and hit the victim, knocking her to the floor and tearing her clothes off during the assault.  Desersa then followed the victim into another room, where the two struggled over a knife, and the victim was cut on the web of her hand.

The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services.  The case is being prosecuted by Assistant U.S. Attorney Marie H. Ruettgers.

The defendant was remanded to the custody of the U.S. Marshals Service  pending sentencing.  A sentencing date has not been set.

United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man was acquitted on October 23, 2013, of Aggravated Sexual Abuse and Sexual Abuse as a result of a federal jury trial in Pierre, South Dakota. 

Mart Kirkland, age 23, was indicted by a federal grand jury on March 13, 2013.
         
The charges relate to the alleged sexual abuse of a woman on October 29, 2013, in Todd County.
         
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation.  The U.S. Attorney's Office prosecuted the case.

United States Attorney Brendan V. Johnson announced that Loren Running Horse, a/k/a Boe Running Horse, age 43, of Ideal, South Dakota, appeared before U.S. District Judge Roberto A. Lange on October 22, 2013, and pled guilty to Failure to Register as a Sex Offender, False Statement, and Simple Assault of an Individual Under the Age of 16. 

The maximum penalty upon conviction is 16 years in custody and/or a $600,000 fine, life of supervised release, and $225 to the Federal Crime Victims Fund.

On June 6, 1998, Running Horse was convicted of Sexual Abuse of a Minor.  As a result of that conviction, Running Horse was ordered to register as a sex offender and was aware of his duty to do so.  However, between February 4 and March 4, 2013, Running Horse was living in various locations on Rosebud, and during that time he failed to register as a sex offender.  Running Horse was apprehended in Todd County on March 4, 2013.  On March 5, 2013, Running Horse told a federal officer that he did not relocate to Rosebud until March 4, when in fact knew this statement to be false.  Running Horse relocated to the Rosebud Reservation on or about January 2, 2013.

The assault charge stems from an incident that happened on or between January 19 and 24, 2013, while Running Horse was residing at a home in Rosebud where the victim was also living.  Running Horse assaulted the minor victim by pushing him.  The victim was 13 years old at the time of the simple assault.

The investigation was conducted by the U.S. Marshals Service and the Rosebud Sioux Tribe Law Enforcement Services.  The case is being prosecuted by Assistant U.S. Attorney Marie H. Ruettgers.

A presentence investigation was ordered and a sentencing date was set for January 13, 2014.  The defendant was remanded to the custody of the U.S. Marshals Service pending sentencing.

United States Attorney Brendan V. Johnson announced that a Dupree, South Dakota, man has pled guilty to Assault by Striking, Beating or Wounding and Simple Assault and was sentenced on October 22, 2013, by U.S. Magistrate Judge Mark A. Moreno
         
Jeryn Big Eagle, age 37, was sentenced to one year probation on each count, home confinement for 60 days, and a $20 special assessment to the Federal Crime Victims Fund. 

The conviction stems from an incident that occurred on July 29, 2011, when Big Eagle consumed several alcoholic beverages over the course of the evening and became upset after he heard reports pertaining to his sister and the victim.  Later in the evening, Big Eagle saw the victim standing on a street in Cherry Creek, approached him, and an argument ensued.  At some point during the argument, Big Eagle struck the victim in the head, chest and abdomen.
         
The investigation was conducted by the Cheyenne River Law Enforcement Services.  Assistant U.S. Attorney Troy R. Morley prosecuted the case. 

United States Attorney Brendan V. Johnson announced that a man from Blackfoot, South Dakota, convicted of Simple Assault and Abusive Sexual Contact with a Child was sentenced on October 23, 2013, by U.S. District Judge Roberto A. Lange.

Ta-Sunka-Hinz Thunder Hawk, age 18, was sentenced to 24 months in custody, 5 years of supervised release, and a $110 special assessment to the Federal Crime Victims Fund.

Thunder Hawk was indicted by a federal grand jury on two separate cases, and on July 23, 2013, Thunder Hawk pled guilty to Simple Assault in the first case and to Abusive Sexual Contact with a Child in the second case.

In the first case, Thunder Hawk went into a room at the Tiospaye Topa High School in March of 2013 and grabbed a female school employee in a bear hug.  The victim was forced to struggle in order to get free. 

In the second case, in March 2013, Thunder Hawk had sexual contact with a child under the age of 12 at a residence near Blackfoot.

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

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

United States Attorney Brendan V. Johnson announced that a Denver, Colorado, man charged with Failure to Pay Child Support was sentenced on October 21, 2013, by U.S. District Court Judge Karen E. Schreier. 

Joe S. Romero, age 43, was sentenced to five years of probation, a $100 special assessment to the Federal Crime Victims Fund, and child support restitution in the amount of $31,601.69.
         
Romero was indicted for failing to pay his past due child support by a federal grand jury on January 8, 2013, and pled guilty to the charge on August 2, 2013.
         
He was ordered by the District Court of Denver County to pay $200.00 per month for his minor child beginning January 7, 1993.  At the time of indictment, he had not made a child support payment since May of 2011 and had past due child support obligations.. 

This case was investigated the Department of Health and Human Services, Office of Inspector General Assistant U.S. Attorney Thomas J. Wright prosecuted the case. 

The defendant had been in custody for five months prior to sentencing.  Romero was released from federal custody.

United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, woman convicted of Conspiracy to Possess with Intent to Distribute a Controlled Substance and a Rapid City man convicted of Possession with Intent to Distribute a Controlled Substance were sentenced on October 16 and 17, 2013, respectfully, by Chief Judge Jeffrey L. Viken, U.S. District Court. 

Danielle Running Shield, age 32, was sentenced to time served, 4 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.  Anthony Long Soldier, age 33, was sentenced to 100 months of imprisonment, 4 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

On October 14, 2012, Long Soldier’s vehicle was pulled over by the Rapid City Police Department after a pursuit.  Running Shield and another individual were passengers.  Before Long Soldier's vehicle stopped, the other individual jumped out.  Long Solider and Running Shield were arrested and a bag containing more than 200 grams of methamphetamine was found on the floor of the vehicle.  Running Shield pled guilty on June 12, 2013, and Long Solder pled guilty on June 13, 2013.

This case was investigated by the Drug Enforcement Administration, the Rapid City Police Department and the Unified Narcotics Enforcement Team.    Assistant U.S. Attorney Ted L. McBride prosecuted the case.  Long Soldier remained in the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that Ronnie Fire Cloud, age 38, of Eagle Butte, South Dakota, was convicted of Attempted Aggravated Sexual Abuse and Abusive Sexual Contact as a result of a federal jury trial in Pierre, South Dakota.  Fire Cloud was found not guilty of Aggravated Sexual Abuse by Force.  

The conviction carries a maximum penalty of any term of years, up to life, of imprisonment and/or a $250,000 fine and a mandatory minimum term of supervised release of 5 years, up to life.  A special assessment of $200 to the Federal Crime Victims Fund will also be ordered.

The conviction stems from an incident occurring on November 2, 2012. Fire Cloud allowed the victim, who was a house guest, to use his shower.  While she was showering, Fire Cloud entered the bathroom, fondled her, and attempted to rape her.  The victim was able to escape the bathroom, flee the residence and contact the authorities.

This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency, the National Park Service, and the Federal Bureau of Investigation.  The case was prosecuted by Assistant U.S. Attorney Troy R. Morley.

A presentence investigation report was ordered, and a sentencing date was set for April 21, 2014.

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

United States Attorney Brendan V. Johnson announced that the Drug Enforcement Administration (DEA) has scheduled a National Prescription Drug Take-Back Day for Saturday, October 26, 2013, from 10:00 a.m. to 2:00 p.m.

Spearheaded in 2010, the purpose of the nationwide initiative is to allow people to safely dispose of their expired, unused, and unwanted prescription pills at specified drop off sites.  The proper disposal of these drugs can help prevent abuse and theft by eliminating the product from the household.  

This service is free of charge, anonymous, and there are no questions asked. October 26 will be the seventh time in three years that the DEA and partners have offered this opportunity to the public.  

During the sixth annual Take-Back Day last April, South Dakotans turned in 1,146 pounds of prescription drugs.

For the October 26 event, there are currently 22 participants hosting collection sites in South Dakota, with five of those sites available on the Cheyenne River Indian Reservation.  The Cheyenne River Sioux Tribe Law Enforcement has coordinated with the U.S. Attorney’s office and the DEA to provide the following sites for medication disposal:

Eagle Butte:         Cultural Center   
Whitehorse:          Community Building
Cherry Creek:       Community Clinic
Red Scaffold:        Community Clinic
LaPlante:               Tiospaye Topa School  

“I encourage anyone with expired or unused prescription drugs to take advantage of this opportunity to dispose of them safely and properly,” said U.S. Attorney Johnson.  "I especially applaud the law enforcement at Cheyenne River for their efforts in securing five locations on the reservation as drop-off sites.  I’m hopeful that residents of these tribal communities will join in this effort to help ensure these drugs don’t harm people or the environment.”  Assistant U.S. Attorney Kathryn Rich will be on hand in Eagle Butte for the event.  

Take-Back Day is a cooperative effort between the DEA; the U.S. Attorney’s Office; national, state, local, and tribal law enforcement officials; and community coalition groups who work together to support and provide this community service.

For a listing of collection sites, or for more information on the Take-Back initiative, visit the DEA website: www.DEA.gov

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

Stoney End of Horn, age 25, was indicted on September 17, 2013.  He appeared before U.S. Magistrate Judge William A. Gerdes on September 24, 2013, and pled not guilty to the Indictment.

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

End of Horn is alleged to have assaulted the victim in September of 2008 near Wakpala.  The 2008 assault resulted in a closed head injury to the victim, who later died as a result of the injury.  

The charges are merely an accusation and End of Horn is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.   

End of Horn 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 Michigan man charged with Unlawful Transportation of Wildlife in Interstate Commerce  pled guilty and was sentenced on September 25, 2013, by U.S. Magistrate Judge Veronica L. Duffy. 
         
Jerry P. Londo, age 66, was sentenced to 25 months of probation and ordered to pay a $1,000 fine, $5,000 in restitution, and a $25 special assessment to the Federal Crime Victims Fund.
         
The conviction stems from an incident that took place in October 2011 in Pennington County, South Dakota, when Londo illegally tagged an elk with a Wyoming tag, even though it had been shot and killed in South Dakota.  Londo then transported the illegally tagged elk to Wyoming. 
         
This case was investigated by the South Dakota Game, Fish and Parks and the U.S. Fish and Wildlife Service.  Assistant U.S. Attorney Eric Kelderman prosecuted the case.

United States Attorney Brendan V. Johnson announced that a Kyle, South Dakota, man convicted of Assault by Striking, Beating and Wounding and Simple Assault was sentenced on September 16, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court. 
         
William Lawrence Montileaux, a/k/a Bill Montileaux, age 39, was sentenced to 2 years of probation and a $20 special assessment to the Federal Crime Victims Fund.
         
On December 2, 2012, near Kyle, Montileaux chased the victim around the victim’s residence and assaulted him by firing at him with a shotgun.  The victim sustained several wounds as a result of the assault and pellets from the shotgun.  Montileaux pled guilty to the charges on July 1, 2013.

This case was investigated by the Bureau of Indian Affairs Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.  Special Assistant U.S. Attorney Laura A. Shattuck prosecuted the case. 

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

Michael L. VanBeek, Jr., age 43, was indicted on September 10, 2013, for failing to pay over $28,608.00 in past due child support to three separate custodial parents.  He appeared before U.S. Magistrate Judge John E. Simko on September 25, 2013, and pled not guilty to the Indictment. 

The maximum penalty upon conviction is 2 years' imprisonment and/or a $250,000 fine, 1 year of supervised release and 1 additional year upon revocation, a $100.00 assessment fee to the Federal Crime Victims Fund, and child support restitution amount owing at the time of sentencing. 

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

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

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

The mandatory federal budget cuts to law enforcement known as sequestration can best be described as penny wise and pound foolish. Sequestration slashed funding to U.S. Attorneys’ offices without regard to the cost to public safety and the government’s bottom line. The current budget logic forgets that U.S. Attorney’s offices not only protect the public, but also collect more money on behalf of the American taxpayer than they spend.

Our nation’s U.S. Attorneys’ offices combat terrorism, organized crime, public corruption, fraud, violent crime, child predators and many other harms. For example, the South Dakota U.S. Attorney’s Office recently prosecuted some of the most dangerous child predators and methamphetamine traffickers in our region. Today, South Dakota leads the nation in the percentage of sex offenders and violent predators under active federal supervision. We also lead the nation in the number of individuals convicted for failing to pay child support. We have done all of this while never exceeding our budget. We have upheld the public trust.

The Justice Department includes the FBI, DEA, ATF, U.S. Marshals Service and federal prisons, as well as 94 U.S. Attorneys’ offices nationwide. Sequestration cut $1.5 billion from the Department of Justice budget for the 2013 fiscal year and will cut $2.1 billion for 2014. Since a hiring freeze was imposed in January 2011, DOJ has lost more than 3,200 employees due to budget constraints. To make ends meet, DOJ faces potential unpaid furlough days for its employees in 2014. Furloughs were avoided in 2013 by depleting reserve funds and repurposing money designated for training. Now that money is gone and cannot be used to prevent furloughs in 2014.

These dramatic cuts reduce our capability to handle complex cases and to secure collections on behalf of the taxpayers. Nationwide, U.S. Attorneys collected $13.1 billion in criminal and civil actions during 2012, more than six times the appropriated budget of the combined 94 offices for that year. With fewer lawyers and support personnel, our ability to collect fines and restitution for crime victims will be hampered.

By cutting the Department of Justice budget, sequestration is effectively reducing government revenue.

In addition to the financial impact, these across-the-board budget cuts also impede our ability to protect citizens and hold criminals accountable. With fewer employees, we will necessarily see an impact on criminal cases. The reductions are particularly problematic as we tackle resource-intensive and increasingly complex matters involving national security, cybercrime, corporate fraud, public corruption, health care fraud, organized crime and child exploitation. In South Dakota, we will soon be losing several of our most experienced federal law enforcement agents. Those are positions we won’t likely fill because of sequestration. In my office alone, the employee vacancy rate will soon be approaching 20%. Even if sequestration ended immediately, it would take us several years to replace the talent that has been lost by these blanket budget cuts.

I appreciate that budget cuts in many areas are often both necessary and valuable. But dramatically cutting law enforcement resources in South Dakota will reduce federal revenue and damage public safety. That type of cut is not wise or effective.

United States Attorney Brendan V. Johnson announced that an Arizona man, who has been on the run for more than 15 years, was captured by authorities in Arizona on September 10, 2013.
         
Steven C. Durant, age 57, was originally indicted by a federal grand jury on April 9, 1997, for Escape.  The Indictment stemmed from Durant allegedly leaving the Community Alternatives of the Black Hills on March 21, 1997.  Following the April 1997 Indictment, Durant went missing for several years until his recent capture.   
         
Durant appeared before U.S. Magistrate Judge Veronica L. Duffy on September 24, 2013, and pled not guilty to the 1997 Indictment.
         
The maximum penalty upon conviction is 5 years of imprisonment and a $250,000 fine.  The charge is merely an accusation and Durant is presumed innocent until and unless proven guilty.

United States Attorney Brendan V. Johnson announced that a Black Hawk, South Dakota, man convicted of Theft of Government Property was sentenced on September 25, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court.
         
Dennis Mallow, age 47, was sentenced to 27 months in custody, 3 years of supervised release, restitution in the amount of $25,473.93, and a $100 special assessment to the Federal Crime Victims Fund.  Mallow pre-paid the restitution amount on September 17, 2013.
         
Mallow was indicted by a federal grand jury in November of 2012 for Theft of Government Property and Theft from Agency Receiving Federal Funds. He pled guilty to the Theft of Government Property charge in May of 2013.
         
The conviction stems from incidents that took place between October 1, 2009, and September 7, 2012, when Mallow served as a chief warrant officer and supervisory employee of the South Dakota Army National Guard at Camp Rapid in Rapid City, South Dakota.  During that time, Mallow used his position as the warehouse supervisor at Camp Rapid to order numerous items, including toolboxes, tools, equipment, gear, and other property of the United States for his personal, unauthorized use.  In total, Mallow stole and knowingly converted over $55,000 worth of government property, some of which was recovered.      
         
The investigation was conducted by the Federal Bureau of Investigation and the South Dakota Army National Guard.  The case was prosecuted by Assistant U.S. Attorney Wayne Venhuizen.
         
Mallow was ordered to self-surrender to the U.S. Marshals Service at 2:00 pm on September 26, 2013. 

United States Attorney Brendan V. Johnson announced that Lawrence Gary, age 36, of Rosebud, South Dakota, appeared before U.S. District Magistrate Judge Mark A. Moreno on September 19, 2013, and pled guilty to a Superseding Information that charged him with Assaulting, Resisting, or Impeding Certain Officers.
         
The maximum penalty upon conviction is 1 year in custody, a $100,000 fine, restitution, and a $25 assessment to the Federal Crime Victims Fund. 
         
The charge relates to an incident that occurred on July 25, 2012, when Rosebud Sioux Tribe Law Enforcement Officers responded to a complaint that the Defendant was driving while intoxicated.  As a result, Gary was asked to step out of the car and perform sobriety tests.  The officers had to pull Gary from the car and place handcuffs on him.  Gary was non-compliant, spun away from the officers, and lunged toward one of the officers before being restrained again and placed in a patrol car.

United States Attorney Brendan V. Johnson announced that Virgil Running Bear, Jr., age 40, of Bismarck, North Dakota, appeared before U.S. District Judge Charles B. Kornmann on September 23, 2013, and pled guilty to Possession of a Firearm by a Prohibited Person. 
         
The maximum penalty upon conviction is 10 years of imprisonment and/or a $250,000 fine, 3 years of supervised release and an additional 2 years of supervised release upon revocation, and a $100 special assessment to the Federal Crime Victims Fund.  Restitution may also be ordered. 

The charge stems from an incident wherein on or about December 10, 2012, the Edmunds County Sheriff’s Office was called to investigate a report of a vehicle in a ditch near Ipswich, South Dakota.  The sheriff’s deputy discovered the defendant’s vehicle.  After receiving Running Bear’s driver’s license and registration, the deputy learned that Running Bear had a revoked license and was on federal probation.  With permission, the deputy searched Running Bear’s vehicle and found three firearms and assorted ammunition.  All the weapons found in Running Bear’s possession were transported through interstate commerce and functioned as designed.
         
The investigation was conducted by the Bureau of Alcohol, Firearms and Explosives and the Edmunds County Sheriff’s Office.  Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case. 
         
Running Bear was remanded to the custody of the U.S. Marshals Service pending sentencing which has been set for December 30, 2013.

United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on September 23, 2013, by U.S. District Judge Roberto A. Lange.  

Ryan Soft, age 22, was sentenced to 12 months in custody, 2 years of supervised release, $15,026.55 in restitution, and a $100 special assessment to the Federal Crime Victims Fund.

Soft was indicted by a federal grand jury on March 13, 2013, and pled guilty to Assault with a Dangerous Weapon on July 9, 2013.

The conviction stems from an incident that began on the evening of February 25, 2013, and went into the early morning hours of February 26, 2013.  Soft was drinking and socializing with some friends and the victim at the friends’ house in McLaughlin.  Soft and another person got into a fight, and when Soft knocked the person to the ground, the victim intervened and began pushing/punching Soft in an effort to break up the fight.  Eventually, Soft was sitting down in the corner of the room.  The victim then took a couple of steps back, and Soft got to his feet, pulled a knife from his pocket and stabbed the victim in the stomach.  The victim fell to the floor and then retreated to the kitchen.

The investigation was conducted by the Bureau of Indian Affairs, Standing Rock Agency.  Assistant U.S. Attorney Jay Miller prosecuted the case.

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

United States Attorney Brendan V. Johnson announced that Lehi James Demarrias, Sr., age 31, of McLaughlin, South Dakota, appeared before U.S. District Judge Charles B. Kornmann on September 23, 2013, and pled guilty to Assault Resulting in Serious Bodily Injury. 
         
The maximum penalty upon conviction is 10 years of imprisonment and/or a $250,000 fine, 3 years of supervised release, and an additional 2 years of supervised release upon revocation.  Restitution and a $100 special assessment to the Federal Crime Victims Fund may also be ordered. 

The conviction stems from an incident that happened in McLaughlin on July 17, 2013, when Standing Rock Agency Dispatch received a call regarding a male who had been stabbed in the stomach.  Bureau of Indian Affairs police officers arrived on the scene and were informed by the victim that he had been stabbed by Demarrias.  As a result of the assault, the victim had to undergo emergency surgery at a hospital in Bismarck, North Dakota, due to the possibility of a ruptured organ.
         
The investigation was conducted by the Bureau of Indian Affairs, Standing Rock Agency.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case. 
         
Demarrias was remanded to the custody of the U.S. Marshals Service pending sentencing which has been set for December 30, 2013.

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 September 24, 2013, by U.S. District Judge Roberto A. Lange. 
         
Kyle Marks, age 29, was sentenced to 24 months of imprisonment, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. 

Marks was indicted for the above charge by a federal grand jury on June 12, 2013.  He pled guilty on September 9, 2013. 

The charge stems from an incident wherein Marks failed to register as a sex offender from May 2013 to June 11, 2013.  He had initially been convicted in federal court in 2004 of abusive sexual contact with a child and was sentenced to prison, as well as being required to register as a sex offender.  After release from prison on his underlying charge, he had violations of his court ordered supervision, and remained under the Court’s supervision until this year.  While placed at a treatment facility in Rapid City to help him successfully re-integrate into society, Marks absconded in May 2013, and failed to properly maintain his sex offender registry requirements.  Marks fled from authorities until he was apprehended on July 16, 2013.  This is his second conviction for failing to register as a sex offender.
         
The investigation was conducted by the U.S. Marshals Service.  Assistant U.S. Attorney Meghan N. Dilges prosecuted the case. 

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

United States Attorney Brendan V. Johnson announced that Michael James Farmer, age 26, of Fort Thompson, South Dakota, appeared before U.S. Magistrate Judge Mark A. Moreno on September 23, 2013, and pled guilty to the Information that charged him with Simple Assault-Domestic Violence, and Assault by Striking, Beating, and Wounding-Domestic Violence. 
         
The maximum penalty upon conviction is 6 months of imprisonment and/or a $5,000 fine, 3 years of supervised release, and a $10 special assessment to the Federal Crime Victims Fund on each count.  Restitution may also be ordered. 

The charges stem from incidents on January 19, 2013 and January 21, 2013, wherein Farmer assaulted the mother of his children by biting her on the arm and back and hitting her with a broom handle.  
         
The investigation was conducted by the Bureau of Indian Affairs. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case. 
         
Farmer was remanded to the custody of the U.S. Marshals Service pending sentencing which has been set for November 20, 2013.

United States Attorney Brendan V. Johnson announced that a Lakeland, Florida, man has been indicted by a federal grand jury for Failure to Pay Child Support.

Jaime L. Warrenburg, age 31, was indicted on March 6, 2013, for failing to pay over $23,273.00 in past due child support.  He appeared before U.S. Magistrate Judge John E. Simko on September 23, 2013, and pled not guilty to the Indictment. 

The maximum penalty upon conviction is 2 years' imprisonment and/or a $250,000 fine, 1 year of supervised release, 1 additional year upon revocation, a $100.00 assessment fee to the Federal Crime Victims Fund, and child support restitution amount owing at the time of sentencing. 

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

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

Warrenburg was released on bond pending trial.  A trial date has been set for November 26, 2013.

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 of a Child and Sexual Contact with a Child.

Austin Wade Bissonette, age 25, was indicted on September 17, 2013.  He appeared before U.S. Magistrate Judge Mark A. Moreno on September 23, 2013, and pled not guilty to the Indictment.

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

Bissonette is alleged to have sexually abused and had sexual contact with a child at Eagle Butte between August 2009 and August 2010.

The charges are merely an accusation and Bissonette 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.   

Bissonette 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 Derek Archambault, age 31, of Bullhead, South Dakota, appeared before U.S. District Judge Charles B. Kornmann on September 23, 2013, and pled guilty to two counts of Domestic Assault by an Habitual Offender. 
         
Each charge carries a maximum sentence of 5 years’ imprisonment and/or a $250,000 fine, 3 years of supervised release and an additional 2 years of supervised release upon revocation.  Restitution and a $100 special assessment to the Federal Crime Victims Fund may also be ordered on each count.

The conviction stems from an incident on May 20, 2010, when the Defendant assaulted the victim by hitting her in the face causing her mouth to be swollen and bruised, with cuts on her lips.  At the time of the assault, Archambault had a final conviction on at least two separate prior occasions for offenses that would have been, if subject to federal jurisdiction, an assault against a spouse and intimate partner.
         
The investigation was conducted by the Bureau of Indian Affairs, Standing Rock Agency.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case. 
         
Archambault was remanded to the custody of the U.S. Marshals Service pending sentencing which has been set for December 30, 2013.

United States Attorney Brendan V. Johnson announced that a White River, South Dakota, man convicted of Assaulting a Federal Officer was sentenced on September 23, 2013, by U.S. District Judge Roberto A. Lange.      

Anthony Black Wolf, age 26, was sentenced to 12 months plus 1 day of imprisonment, 18 months of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. 

Black Wolf was indicted by a federal grand jury in May of 2013.  He pled guilty to Count I of the Indictment on July 3, 2013. 

The conviction stems from an incident that took place on March 3, 2013, when Black Wolf fled from law enforcement officers who had to run down the Defendant before apprehending him.  Black Wolf then resisted arrest by striking an officer in the face and tried to remove the officer’s duty weapon from its holster as he was being handcuffed.  He continued to try and pull the officer’s pistol out of its holster until a neighbor came out of his house and assisted by pulling on the Defendant’ s thumb until the Defendant released the weapon.

The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services.  The case was prosecuted by Assistant U.S. Attorney Marie H. Ruettgers.

Black Wolf 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 Mail Fraud was sentenced on September 23, 2013, by U.S. District Judge Karen E. Schreier.  

Steven Isaacson, age 50, was sentenced to 4 years of probation and ordered to make restitution of $106,609.03.
         
Isaacson was indicted for 22 counts of mail fraud by a federal grand jury on April 2, 2013.  He pled guilty to one count on June 26, 2013, and the remaining counts were dismissed.
         
Between January 2006 and July 2011, Isaacson was employed as an officer for AAA Collection Company and Metronova in Sioux Falls and was responsible for paying the company bills.  During that timeframe, he mailed payments for his personal expenses and credit card bills using company funds. 
         
This case was investigated by the Federal Bureau of Investigation.  Assistant U.S. Attorney Connie Larson prosecuted the case.

United States Attorney Brendan V. Johnson announced that a Wagner, South Dakota, man convicted of Second Degree Murder and Assault with Intent to Commit Murder was sentenced on September 23, 2013, by U.S. District Judge Karen E. Schreier.

Dancing Bull Fischer, age 24, was sentenced to 210 months in custody, to be followed by 3 years of supervised release.

Fischer was indicted for the charges by a federal grand jury on December 4, 2012. He pled guilty on June 26, 2013.

The conviction stems from an incident that took place on November 27, 2012 at a house party in the Wagner area, where Fischer shot his uncle, Anthony Fischer Sr., at close range and killed him. He also shot and seriously injured his cousin, Dominic Fischer.

This case was investigated by the Yankton Sioux Tribe Law Enforcement Services, Bureau of Indian Affairs Law Enforcement Services, the South Dakota Division of Criminal Investigation, and the Federal Bureau of Investigation. Assistant U.S. Attorney Thomas J. Wright prosecuted the case.

Fischer 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 has been indicted by a federal grand jury.
         
Francis DuBray, age 24, was indicted on August 21, 2013, for Distribution of a Controlled Substance.  DuBray appeared before U.S. Magistrate Judge Mark A. Moreno on September 19, 2013, and pled not guilty to the Indictment.
         
The maximum penalty upon conviction is not more than 5 years of imprisonment and/or a $250,000 fine, a mandatory period of at least 2 years of supervised release, an additional year of supervised release upon revocation, and a mandatory $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
         
The charge is merely an accusation, and DuBray is presumed innocent until and unless proven guilty.
         
The Indictment alleges that on May 13, 2013, and June 11, 2013, at Mobridge, DuBray knowingly and intentionally distributed marijuana, a Schedule I controlled substance.
         
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.
         
DuBray was remanded to the custody of the U.S. Marshals Service. A trial date has been set for November 19, 2013.

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

Robert Smith, age 52, was indicted on September 17, 2013.  He appeared before U.S. Magistrate Judge Mark A. Moreno on September 19, 2013, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 2 years in custody and/or a $250,000 fine, up to life of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.

Smith is alleged to have had sexual contact with a minor near Lantry between May 30, 2012, and July 27, 2012.  

The charge is merely an accusation and Smith 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.   

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

United States Attorney Brendan V. Johnson announced that Crystal Reeder, a/k/a Crystal Taylor, age 29, of Isabel, South Dakota, appeared before Magistrate Judge Mark A. Moreno  on September 19, 2013, and pled guilty to a Superseding Information that charged her with Simple Assault of a Minor. 

The maximum penalty upon conviction is 1 year of custody, a $100,000 fine, restitution, and a $25 assessment to the Federal Crime Victims Fund.

Reeder’s conviction is the result of an incident in May 2012 in Isabel, where Reeder had offensive and unlawful contact with a minor under the age of 16.  

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

A presentence investigation was ordered and a sentencing date was set for November 25, 2013.  The defendant was released on bond pending sentencing.

United States Attorney Brendan V. Johnson announced that Jesse Parker and Justin Jones, two 23-year-olds from Bend, Oregon, pled guilty to Conspiracy to Distribute a Controlled Substance and were sentenced on September 16, 2013, by U.S. District Judge Roberto A. Lange.

Parker was sentenced to 2 years of probation.  Jones was sentenced to 6 months of custody and 2 years of supervised release.  They were each ordered to pay a $1,000 fine and a $100 assessment to the Federal Crime Victims Fund.  In addition, the Court ordered forfeiture of a 1997 Toyota automobile and $11,418 in cash.

In early September of 2012, Jones met with a supplier in Oregon and was fronted approximately 10 pounds of marijuana for $1,000 a pound.  Jones and a co-defendant agreed to deliver the marijuana to a person in Minnesota. The co-defendant, Jones and Parker travelled to Minnesota.  The buyer paid $3,200 a pound for the marijuana and, after setting aside $10,000 of the proceeds to pay the supplier in Oregon, Parker, Jones, and a co-defendant split the remaining $22,000.

On September 15, 2012, a South Dakota Highway Patrol Trooper stopped Jones, Parker, and the co-defendant for speeding in a construction zone. During the traffic stop, the trooper discovered and seized $10,000 in cash that he found in a backpack in the trunk of the car.  The trooper also discovered a ledger in the backpack that contained drug dissemination plans for the past eight months.  Jones’ name was in the back of the ledger.  A thorough search of the vehicle and of Parker’s purse yielded additional cash, psilocybin mushrooms, and various drug paraphernalia.

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

Jones will report to the U.S. Marshals Service in Portland, Oregon, on or before September 24, 2013, to begin serving his sentence.

United States Attorney Brendan V. Johnson announced that a Lead, South Dakota, man convicted of Unlawful Structure of Transactions to Evade Reporting Requirements was sentenced on September 13, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court. 

David Olmsted, a/k/a Dale Cooper, Jr., age 60, was sentenced to 3 years’ probation, and was ordered to pay $100 to the Federal Crime Victims Fund and $178,867.08 in restitution to individuals who purchased dinar from Olmsted but did not receive it.
 
In February 2011, Olmsted arranged for shipments of Iraqi Dinars, the country’s currency, to be sent from the country of Jordan to the United States in split shipments.  Olmsted was aware that every currency shipment had to reported if the value exceeded $10,000, so he split the shipments to avoid exceeding that amount and to avoid having to report the shipments to the Department of Treasury.  He pled guilty on May 21, 2013.

United States Attorney Brendan V. Johnson announced that a Wounded Knee, South Dakota, man convicted of Abusive Sexual Contact was sentenced on September 12, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court.         

Wayne Simon Yellow Shield, age 44, was sentenced to 3 years’ probation and ordered to pay $100 to the Federal Crime Victims Fund, a $250 fine, and restitution in an amount to be determined later.

On November 3, 2011, at Wounded Knee, Yellow Shield engaged in sexual contact with a woman without her consent.  He pled guilty on May 10, 2013.

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 Sarah B. Collins prosecuted the case.    

United States Attorney Brendan V. Johnson announced that Nathan First In Trouble, age 34, of White River, South Dakota, appeared before U.S. District Judge Roberto A. Lange on September 16, 2013, and pled guilty to Count I of the Indictment that charged him with Failure to Register as a Sex Offender. 
         
The maximum penalty upon conviction is 10 years of imprisonment and/or a $250,000 fine and 5 years of supervised release.  Restitution and a $100 special assessment to the Federal Crime Victims Fund may also be ordered. 

Around April 13, 1998, First In Trouble was convicted of Sexual Abuse of a Minor in U.S. District Court and sentenced to 30 months' imprisonment.  He was also ordered to register as a sex offender.  During the time period of February to April of 2013, First In Trouble registered as a sex offender at his father’s residence in Mellette County.  However, he was not residing there.  He went to Pierre at some point in January of 2013 and started working and staying in Pierre until March of 2013 when he was arrested.  During the time he was working in Hughes County he should have properly registered as a sex offender, including updating his residence and his employment information.
         
The investigation was conducted by the U.S. Marshals Service.  Assistant U.S. Attorney Tim Maher prosecuted the case. 
         
First In Trouble was remanded to the custody of the U.S. Marshals Service pending sentencing, which has been set for November 26, 2013.

United States Attorney Brendan V. Johnson announced that Theodore Larvie, age 23, of White River, South Dakota, appeared before U.S. District Judge Roberto A. Lange on September 16, 2013, and pled guilty to Count I of the Indictment that charged him with Assault With a Dangerous Weapon. 
         
The maximum penalty upon conviction is 10 years of imprisonment and/or a $250,000 fine, 3 years of supervised release, and an additional 2 years of supervised release upon revocation.  Restitution and a $100 special assessment to the Federal Crime Victims Fund may also be ordered. 

The conviction stems from an incident on November 8, 2012.  Larvie jumped on the victim’s back, biting him on the arm and taking him to the ground.  During the altercation, Larvie also stabbed the victim several times with a knife.  The victim received treatment at the Jones County Hospital in Murdo for his stab wounds.
         
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Tim Maher is prosecuting the case. 
         
Larvie was remanded to the custody of the U.S. Marshals Service pending sentencing, which has been set for December 2, 2013.

United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota, man convicted of Assault With a Dangerous Weapon was sentenced on September 16, 2013, by U.S. District Judge Roberto A. Lange.
         
Orson Black Spotted Horse, age 50, was sentenced to 18 months of imprisonment, 18 months of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. 

Black Spotted Horse was indicted on two counts by a federal grand jury in February of 2013.  He pled guilty to Count I of the Indictment, Assault with a Dangerous Weapon, on June 25, 2013. 

The conviction stems from an incident on September 3, 2012, when the Defendant got into an argument with the victim.  Black Spotted Horse took a metal pipe and hit the victim in the head, and the victim sustained a head injury.
         
The investigation was conducted by the Rosebud Sioux Tribe, Law Enforcement Services.  Assistant U.S. Attorney Tim Maher prosecuted the case. 

Black Spotted Horse 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 was indicted by a federal grand jury for kicking a man in the head during an argument and for striking an Oglala Sioux Tribe police officer in the face.

Lee Larney, a/k/a “Southern Wind,” age 32, was indicted on March 19, 2013, for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury, and on April 16, 2013, for Assault on a Federal Officer.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on September 12, 2013, and pled not guilty to the Indictments. 

The maximum penalty upon conviction is 20 years’ imprisonment and/or a $250,000 fine.  The charges are merely accusations and Larney is presumed innocent until and unless proven guilty. 

The investigations are being conducted by the Oglala Sioux Tribe Department of Public Safety, the Bureau of Indian Affairs Office of Justice Services, and the Federal Bureau of Investigation.  Assistant U.S. Attorney Sarah B. Collins is prosecuting the cases. 

Larney 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 Robert Stricker, age 39, of Lower Brule, South Dakota, appeared before U.S. District Judge Roberto A. Lange on September 17, 2013, and pled guilty to Count I of the Indictment that charged him with Abusive Sexual Contact With a Minor.   

The maximum penalty upon conviction is 3 years of imprisonment and/or a $250,000 fine, a mandatory minimum term of 5 years up to life of supervised release, an additional 1 year of supervised release upon revocation, and a $100 special assessment to the Federal Crime Victims Fund.  Restitution may also be ordered. 

The conviction stems from an incident that took place in Lower Brule between August 25th and into the early morning hours of August 26, 2012, when Stricker engaged in sexual contact by touching the victim over the clothes.  At the time of the offense, the victim was under the age of 16. 
         
The investigation was conducted by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Lower Brule Agency.  Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case. 
         
Stricker was remanded to the custody of the U.S. Marshals Service pending sentencing, which has been set for December 2, 2013.

United States Attorney Brendan V. Johnson announced that Wicahpi Collins Holy, a/k/a Star Collins, age 20, of Eagle Butte, South Dakota, appeared before U.S. District Magistrate Judge Mark A. Moreno on September 16, 2013, and pled guilty to a Superseding Information that charged her with two counts of Assault by Striking, Beating and Wounding.
         
The maximum penalty upon conviction is 6 months in custody, a $5,000 fine, restitution, and a $10 assessment to the Federal Crime Victims Fund for each count. 
         
The charge relates to a November 2012 incident in which Collins, along with her co-defendant, assaulted a man at a house party in Eagle Butte. 
         
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Division.  The case is being prosecuted by Assistant U.S. Attorney Mikal Hanson. 

United States Attorney Brendan V. Johnson announced that a Wanblee, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on September 13, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court. 
         
Angel Provincial, age 23, was sentenced to 51 months’ imprisonment, 3 years' supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
         
From August 2009 through July 2012, Provincial conspired with others to distribute methamphetamine in and around the Pine Ridge Indian reservation.  Provincial pled guilty to the charge on May 8, 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.

United States Attorney Brendan V. Johnson announced that three Wanblee, South Dakota, men have been indicted by a federal grand jury for allegedly using a blunt object and their shod feet to assault two other men on October 15, 2012, in Wanblee.  Both of the assaults resulted in serious bodily injury to the victims.
         
Robert Quiver Jr., age 21, Levi Quiver, age 27, and Vern Standing Soldier Jr., age 30, were indicted by a federal grand jury on August 27, 2013.  Robert Quiver and Levi Quiver were indicted for two counts of Assault with a Dangerous Weapon and two counts of Assault Resulting in Serious Bodily Injury.  Standing Solder was indicted for one count of Assault with a Dangerous Weapon and one count of Assault Resulting in Serious Bodily Injury. 

Robert Quiver appeared before U.S. Magistrate Judge Veronica L. Duffy, on August 29, 2013, and pled not guilty to the Indictment.  Levi Quiver and Standing Soldier appeared before Judge Duffy on September 12, 2013, and each pled not guilty to the Indictment. 

The maximum penalty upon conviction is 10 years of imprisonment and a $250,000 fine for each charge.  The charges are merely accusations and each defendant 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. 

All three men were remanded to the custody of the U.S. Marshals Service.  A trial date has been set for November 19, 2013.

United States Attorney Brendan V. Johnson announced that Joseph Morrisette, age 43, of Parmelee, South Dakota, appeared before U.S. District Judge Roberto A. Lange on September 16, 2013, and pled guilty to Count I of the Indictment that charged him with Child Abuse. 
         
The maximum penalty upon conviction is 10 years of imprisonment and/or a $250,000 fine, 3 years of supervised release, and an additional 2 years of supervised release upon revocation.  Restitution and a $100 special assessment to the Federal Crime Victims Fund may also be ordered. 

The conviction stems from an incident on July 9, 2013, when Morrisette was babysitting several children at his home while he was drinking.  He was intoxicated and struck the victim, giving the child a black eye.
         
The investigation was conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Tim Maher prosecuted the case. 
         
Morrisette was remanded to the custody of the U.S. Marshals Service pending sentencing which has been set for November 26, 2013.

United States Attorney Brendan V. Johnson announced that a Martin, South Dakota, man convicted of two counts of Distribution of a Controlled Substance was sentenced on September 12, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court. 
         
Alex Lee Salway, age 54, was sentenced to 12 months and 1 day on each count to run concurrently, 6 years of supervised release on each count to run concurrently, and a $200 special assessment to the Federal Crime Victims Fund.

The charges stem from Salway selling and distributing morphine pills within 1,000 feet of the Martin Grade School, a public elementary school in Martin, at two separate times on January 27, 2012.  A federal jury in Rapid City found Salway guilty of both counts on June 20, 2013.

This case was investigated by the South Dakota Division of Criminal Investigation, the Bureau of Indian Affairs Office of Justice Services, the Martin Police Department, and the Northern Plains Safe Trails Drug Enforcement Task Force.  Special Assistant U.S. Attorney Laura A. Shattuck prosecuted the case.

Salway remained in the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that a Hermosa, South Dakota, woman convicted of Misprision of a Felony was sentenced on September 16, 2013, by U.S. District Judge Roberto A. Lange.  

Doreen Amiotte, age 48, was sentenced to 24 months of probation, a $500 fine, and a $100 special assessment to the Federal Crime Victims Fund.

Amiotte was indicted by a federal grand jury on January 16, 2013, and pled guilty to Misprision of a Felony on May 31, 2013.

The conviction arose from an incident that took place on November 26, 2012, when Amiotte failed to report in a timely manner that a federal inmate, who was out on funeral furlough, could not be located.  The inmate absconded from the funeral between 11 a.m. and 12 p.m.  Amiotte did not report the escape until after 4:30 p.m.

The investigation was conducted by the U.S. Marshals Service. The case was prosecuted by Assistant U.S. Attorney Marie Ruettgers.

United States Attorney Brendan V. Johnson announced that Randy Never Misses A Shot, age 49, of Parmelee, South Dakota, was convicted following a three-day jury trial of two counts of Aggravated Sexual Abuse of a Child, two counts of Abusive Sexual Contact of a Child, and one count of Abusive Sexual Contact of a Child While Required to Register as a Sex Offender in Pierre, South Dakota.   
         
These charges carry a maximum penalty of life in prison and a $250,000 fine.
         
Never Misses A Shot was indicted by a federal grand jury on January 16, 2013.  A Superseding Indictment was filed on March 13, 2013. These convictions stem from several separate incidents which occurred between January of 1993 and May of 2007, in which Never Misses A Shot sexually abused three child victims under the age of 12.      

During the years of 1993 through 1997, Never Misses A Shot visited child victim A, a young relative, who was staying on the Rosebud Indian Reservation.  While visiting her, Never Misses A Shot would sexually abuse her.  In addition, Never Misses A Shot engaged in sexual acts with child victim A in a wooded area near the He-Dog housing community.  As a result of this conduct, Never Misses A Shot was convicted of Aggravated Sexual Abuse of a child and Abusive Sexual Contact of a Child.
         
In the summer of the year 2000, Never Misses A Shot was staying with relatives at a housing complex near Parmelee.  While there, Never Misses A Shot sexually abused child victim B, another younger relative.  As a result of this conduct, Never Misses A Shot was Convicted of Abusive Sexual Contact of a Child.
         
The final incident occurred over Mother’s Day weekend of 2007.  Never Misses a Shot was traveling from Rosebud to Nebraska with a woman and her young daughter, child victim C.  They stopped at Pine Ridge for the weekend, and while there, Never Misses A Shot grabbed child victim C behind a trailer, forced her to the ground, and abused her in a sexual manner.  As a result of this conduct, Never Misses A Shot was convicted of Abusive Sexual Contact of a Child and Abusive Sexual Contact of a Child While Required to Register as a Sex Offender.
         
This case was investigated by the Federal Bureau of Investigation, Rapid City Police Department, Sioux Falls Police Department, Rosebud Sioux Tribal Law Enforcement, Brookings Police Department, Jefferson County Sheriff’s Office in Washington State, and the U.S. Marshals Service.  The case was prosecuted by Assistant U.S. Attorney Troy R. Morley.

Never Misses A Shot was remanded to the custody of the U.S. Marshals Service pending sentencing.

United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, woman convicted of Assault on a Federal Officer was sentenced on September 12, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court.    

Pamela Belt, age 49, was sentenced to 3 years’ probation and was ordered to pay $100 to the Federal Crime Victims Fund and a $250 fine.

On June 10, 2012, near Oglala, Belt physically resisted an Oglala Sioux Tribal officer as he was attempting to arrest her, and she also hit and kicked his car windows in an attempt to get out of the police vehicle.  She pled guilty on May 8, 2013.

This case was investigated by the Bureau of Indian Affairs Office of Justice Services and the Oglala Sioux Tribe Department of Public Safety.  Assistant U.S. Attorney Eric Kelderman prosecuted the case.

United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, man was indicted by a federal grand jury for allegedly slapping, punching, and kicking his girlfriend at Pine Ridge.

Michael Tobacco, age 21, was indicted on August 27, 2013, for Assault with a Dangerous Weapon and Assault Resulting in Substantial Bodily Injury to an Intimate Partner or Dating Partner. He appeared before U.S. Magistrate Judge Veronica L. Duffy on September 11, 2013, and pled not guilty to the Indictment. 

The maximum penalty upon conviction is 10 years’ imprisonment and/or a $250,000 fine.  The charges are merely an accusation and Tobacco 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 Eric Kelderman is prosecuting the case.