District of South Dakota

United States Attorney Brendan V. Johnson announced that a Mitchell, South Dakota, man charged with assault was sentenced on September 11, 2013, by U.S. District Judge Karen E. Schreier.

Vincent Michael Horned Eagle, age 23, was sentenced to 12 months in custody.
         
Horned Eagle was indicted on February 5, 2013, by a federal grand jury for Assaulting, Resisting or Impeding a Federal Officer.  He pled guilty on June 18, 2013.
         
The charge stems from an incident in August of 2012 when Horned Eagle assaulted an officer by head-butting her while she attempted to place him under arrest.
         
This case was investigated by U.S. Department of Interior, Bureau of Indian Affairs Law Enforcement Services.  Assistant U.S. Attorney Thomas J. Wright prosecuted the case.

United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, woman has been indicted by a federal grand jury for Involuntary Manslaughter.

Debra Charging Cloud, age 28, was indicted on May 15, 2013.  She appeared before U.S. Magistrate Judge Mark A. Moreno on September 12, 2013, and pled not guilty to the Indictment.  

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

The charges arose from an alleged incident in April 2013 when Charging Cloud, while under the influence of alcohol, lost control of the vehicle she was driving on a gravel road near Eagle Butte and rolled it, resulting in the death of her passenger.  

The charge is merely an accusation and Charging Cloud 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.   

Charging Cloud was remanded to the custody of the U.S. Marshals Service.  A trial date has been set for November 5, 2013.

United States Attorney Brendan V. Johnson announced that Brian One Feather, age 31, of Eagle Butte, South Dakota, appeared before U.S. District Judge Roberto A. Lange on September 12, 2013, and pled guilty to the Indictment that charged him with Third Degree Burglary.
         
The maximum penalty upon conviction is 5 years in custody and/or a $250,000 fine, 3 years of supervised release, and a $100 assessment to the Federal Crime Victims Fund. 
         
The conviction is the result of a June 2012 break-in at the Howard V. Johnson Cultural Heritage Center in Eagle Butte.  One Feather and a co-defendant broke into several buildings and took approximately $37,420 worth of personal property belonging to the Cultural Heritage Center.
         
The investigation was conducted by the Cheyenne River Sioux Law Enforcement Division.  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 26, 2013. 

One Feather was remanded to the custody of the U.S. Marshals Service pending sentencing. 

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

Dawn K. Rolla, age 40, was indicted on October 10, 2012, for failing to pay over $17,901.00 in past due child support.  She appeared before U.S. Magistrate Judge John E. Simko on September 11, 2013, and pled not guilty to the Indictment. 

The maximum penalty upon conviction is two years' imprisonment and/or a $250,000.00 fine, 1 year of supervised release, 1 additional year upon revocation, a $100.00 assessment fee to the Federal Crime Victim’s Fund, and child support restitution amount owing at the time of sentencing. 

The charge is merely an accusation and Rolla 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. 

Rolla 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 Craig, Colorado, woman has been indicted by a federal grand jury for Failure to Pay Child Support.

Dawn K. Rolla, age 40, was indicted on October 10, 2012, for failing to pay over $17,901.00 in past due child support.  She appeared before U.S. Magistrate Judge John E. Simko on September 11, 2013, and pled not guilty to the Indictment. 

The maximum penalty upon conviction is two years' imprisonment and/or a $250,000.00 fine, 1 year of supervised release, 1 additional year upon revocation, a $100.00 assessment fee to the Federal Crime Victim’s Fund, and child support restitution amount owing at the time of sentencing. 

The charge is merely an accusation and Rolla 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. 

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

United States Attorney Brendan V. Johnson announced that an Agency Village, South Dakota, man has been indicted by a federal grand jury for Involuntary Manslaughter. 

John Henry Sargeant, age 36, was indicted on September 10, 2013.  He appeared before U.S. Magistrate Judge William D. Gerdes on September 12, 2013, and pled not guilty to the Indictment.

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

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

The investigation is being conducted by the Sisseton-Wahpeton Tribal Police Department, Bureau of Indian Affairs Law Enforcement Services, and the Federal Bureau of Investigation.  Assistant U.S. Attorney Thomas J. Wright is prosecuting the case.   

Sargeant 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 Pierre, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on September 11, 2013, by U.S. District Judge Roberto A. Lange.   

Adrian Wells, age 37, was sentenced to 18 months of custody, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Wells was indicted by a federal grand jury on December 11, 2012, and pled guilty to a charge of Failure to Register as a Sex Offender on June 25, 2013.

On December 6, 1995, Wells was convicted of Aggravated Sexual Abuse.  The Court sentenced Wells to 63 months in custody and 5 years of supervised release.  Wells was also ordered to register as a sex offender under the Sex Offender Registration and Notification Act. 

On May 19, 2009, Wells signed a lease for an apartment, but failed to register the apartment as his residence.  Instead, Wells continued to use his previous address, even though he did not reside there.  Wells registered the previous address with law enforcement on five occasions, knowing he was not residing at that address.

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

Wells 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 Fort Yates, North Dakota, woman convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on September 11, 2013, by U.S. District Judge Roberto A. Lange. 
         
April Pretends Eagle, age 32, was sentenced to 86 days in custody, a $1,000 fine, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. 

Pretends Eagle was indicted for Distribution of a Controlled Substance to a Person Under the Age of 21 and Possession with Intent to Distribute a Controlled Substance by a federal grand jury on October 16, 2012.  She pled guilty to Possession with Intent to Distribute a Controlled Substance on June 25, 2013.

The conviction stems from an investigation of burglaries in Eagle Butte, South Dakota.  While investigating the burglaries, a criminal investigator for the Cheyenne River Sioux Tribe learned that several juveniles committed a series of the burglaries and that some of the stolen items could be located at co-defendant Philip LaBatte’s residence.  The investigator obtained a tribal search warrant for LaBatte’s residence, where Pretends Eagle was staying.  When law enforcement executed the search warrant, they found, among other things, at least 250 grams, but less than 1 kilogram, of marijuana along with a scale, rolling papers, and a grinder. 

The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Division and the Northern Plains Safe Trails Drug Enforcement Task Force.   Assistant U.S. Attorney Kathryn N. Rich prosecuted the case. 

United States Attorney Brendan V. Johnson announced that Joshua James Martin, age 27, of Bismarck, North Dakota, appeared before U.S. District Judge Charles B. Kornmann on September 9, 2013, and pled guilty to an Amended Superseding Information that charged him with False Statement.
         
The maximum penalty upon conviction is 5 years of imprisonment and/or $250,000 fine, up to 3 years of supervised release, 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 Martin, on December 24, 2011, traveled to McLaughlin, South Dakota, to visit his family over the Christmas holiday.  Martin spent the majority of the evening socializing with some of his cousins at his aunt’s house.  At some point in the evening, Martin and a female person at the gathering engaged in a sexual encounter.  Martin went back to Bismarck shortly after the encounter and went to the hospital and reported he had been raped, when he knew it was not true. 

Because the encounter happened on the Standing Rock Reservation, a Federal Bureau of Investigation agent was sent to interview Martin.  He initially persisted in his claim of rape knowing it was not true, and an investigation was opened by South Dakota authorities.   The false statements made by Martin had a material effect on the investigation conducted by the Federal Bureau of Investigation in the District of South Dakota.
         
The investigation was conducted by the Federal Bureau of Investigation.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case. 
         
Martin was released on bond pending sentencing, which has been set for December 2, 2013.

United States Attorney Brendan V. Johnson announced that a Mobridge, South Dakota, man convicted of Escape from Custody was sentenced on September 9, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court. 

Gaylen Paul Sampson, a/k/a Thurman Paul Sampson, age 38, was sentenced to 4 months of imprisonment and ordered to pay $100 to the Federal Crime Victims Fund.
         
On April 10, 2013, Sampson escaped from custody of the Bureau of Prisons while at the Community Alternatives of the Black Hills facility.  He pled guilty to the charge on June 7, 2013.
         
This case was investigated by the U.S. Marshals Service.  Assistant U.S. Attorney Wayne Venhuizen prosecuted the case.
         
Sampson was immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that a Little Eagle, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on September 9, 2013, by U.S. District Judge Charles B. Kornmann. 
         
Ira Weasel, age 32, was sentenced to 12 months and 1 day of imprisonment, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. 

Weasel was indicted for the above charge by a federal grand jury on March 13, 2013.  He pled guilty on May 20, 2013. 

The charge stems from an incident occurring on December 24, 2012, in which Weasel was socializing at his sister’s house along with the victim.  At some point during the evening, Weasel and the victim got into a verbal altercation.  Weasel pushed and pinned the victim against the wall, placed his hands around the victim’s neck and lifted her off her feet.  Others attempted to free the victim from Weasel’s grasp, but he fought them off and continued to strangle the victim who eventually lost consciousness.  At that point, Weasel released her, causing her to fall face first on the floor.  The victim then began to convulse and remained unconscious for several minutes.  Once she regained consciousness, she left and notified the authorities.
         
The investigation was conducted by the Bureau of Indian Affairs, Standing Rock Agency.  Assistant U.S. Attorney Troy R. Morley prosecuted the case. 

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

United States Attorney Brendan V. Johnson announced that Kyle Marks, age 29, of Fort Thompson, South Dakota, appeared before U.S. District Judge Roberto A. Lange on September 9, 2013, and pled guilty to 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, a mandatory minimum period of 5 years of supervised release, 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 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 try and help him successfully re-integrate into society, Marks absconded in May 2013 and failed to properly maintain his updated sex offender registry requirements.  Marks fled from authorities until he was apprehended on July 16, 2013. 
         
The investigation was conducted by the U.S. Marshals Service.  Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case. 
         
Marks was remanded to the custody of the U.S. Marshals Service pending sentencing, which has been set for September 25, 2013.

United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury.
         
Jared Slader, age 30, was indicted on September 10, 2013, for Second Degree Murder.  Slader appeared before U.S. Magistrate Judge Mark A. Moreno on September 11, 2013, and pled not guilty to the Indictment. 
         
The maximum penalty upon conviction is any term of years up to life of imprisonment and/or a $250,000 fine, 5 years of supervised release, an additional 5 years 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 Slader is presumed innocent until and unless proven guilty. 
         
The Indictment alleges that on August 31, 2013, Slader did unlawfully, and with malice aforethought, kill Lester Peneaux by stabbing him with a knife.
         
The investigation is being conducted by the Federal Bureau of Investigation and Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case. 
         
Slader 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 Distribution of Child Pornography was sentenced on September 9, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court. 

Gary Scott Whiting, age 49, was sentenced to 84 months of imprisonment, 10 years of supervised release, and ordered to pay $100 to the Federal Crime Victims Fund.
 
Between May and July 2012, in Rapid City, Whiting knowingly distributed pornographic material through a shared computer program.  All eight videos possessed and distributed by Whiting contained images of young boys, clearly under the age of 18, engaged in various sexual acts.  He pled guilty on May 3, 2013.

United States Attorney Brendan V. Johnson announced that Clarice Brave, age 51, of Mission, South Dakota, appeared before U.S. District Judge Roberto A. Lange on September 9, 2013, and pled guilty to the Indictment that charged her with Wire Fraud.
         
The maximum penalty upon conviction is 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and a $100 assessment to the Federal Crime Victims Fund. 
         
The charge stems from the timeframe between August 1, 2012, and September 24, 2012, when Brave devised a rolling deposit scheme to obtain money from the Family Dollar store in Mission.  Brave took cash out of store deposit bags for personal use and delayed taking deposits to the bank until she had enough cash from successive days to replace the money she previously took.  When Family Dollar management began to suspect Brave was rolling deposits, Brave was required to fax deposit tickets, the deposit log, and the store’s daily cash receipt totals to the Family Dollar’s Loss Prevention Director in Shawnee, Kansas, on a daily basis.  On September 21, 2012, Brave was able to get a teller to issue five deposit tickets from the bank without depositing any cash into Family Dollar’s bank account.  She then faxed the fraudulently obtained deposit tickets from Mission to Shawnee, Kansas, in an attempt to conceal the rolling deposit scheme. 
         
The investigation was conducted by the Federal Bureau of Investigation 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 November 25, 2013. 
         
Brave was released on conditions pending sentencing.

United States Attorney Brendan V. Johnson announced that a Cambridge, Minnesota, man charged with Failure to Pay Child Support was sentenced on September 9, 2013, by U.S. District Court Judge Charles B. Kornmann.       

Kenneth B. Kleppen, age 42, was sentenced to 5 years of unsupervised probation, a $100.00 special assessment to the Federal Crime Victims Fund, and child support restitution in the amount of $54,778.41.
         
Kleppen was indicted for failing to pay over $47,720.00 in past due child support by a federal grand jury on January 8, 2013.  In 1999, the defendant had a relationship with a woman which resulted in the birth of a child on January 23, 2000.  The relationship with the mother ended in 2000, and on June 30, 2000, an order was filed with the Third Judicial Circuit Court, Codington County, South Dakota, ordering the defendant to pay a total of $2,447.90 in arrearages and attorney fees.  Furthermore, he was ordered to pay on-going child support in monthly payments of $353.  On November 22, 2004, the child support order was modified, and the defendant was ordered to pay a monthly amount of $550. 
         
From January 2010 until October 2010, the mother entered into an agreement with the child’s maternal grandmother giving the grandmother temporary guardianship.  As a result, the mother and the defendant were required to pay the grandmother for support of the child.  Although the mother paid her portion, the defendant never made a payment.  Subsequently, the defendant owes $5,500 in arrears to the maternal grandmother.  Kleppen pled guilty to the charge on September 9, 2013.

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 was released from custody.

United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, woman has been indicted by a federal grand jury.
         
Rhea Archambault, age 53, was indicted on August 21, 2013, for Larceny.  Archambault appeared before U.S. Magistrate Judge Mark A. Moreno on September 10, 2013, and pled not guilty to the Indictment. 
         
The maximum penalty upon conviction is 5 years of imprisonment and/or a $250,000 fine, 3 years of supervised release, an additional 2 years of supervised release upon revocation, and a mandatory $100 special assessment to the Federal Crime Victims Fund.  Restitution may also be ordered. 
         
The charge stems from the alleged writing of several checks from a stolen checkbook in March of 2013.  The charge is merely an accusation, and Archambault is presumed innocent until and unless proven guilty.
      
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Troy Morley is prosecuting the case. 

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

United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man convicted of Assault with Intent to Commit Murder was sentenced on September 9, 2013, by U.S. District Judge Charles B. Kornmann. 
         
Ross Dean Farrell, age 21, was sentenced to 121 months of imprisonment, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. 

Farrell was indicted for the above charge by a federal grand jury on October 16, 2012, and pled guilty on May 28, 2013. 

The charge stems from an incident occurring on October 8, 2012, in which Farrell was socializing with the victim and others at his home.  At some point in the evening, the victim went to sleep on a mattress on the floor.  Farrell, outraged by a perceived slight he had received from either the victim or another person, found the victim and pulled him off the mattress onto the cement floor and proceeded to repeatedly stomp the victim on the head and face with his feet.

At the time of the attack, Farrell intended to kill the victim, as shown by the severity of the attack.  The victim suffered major injuries, including severe head trauma which required emergency surgeries and had to be placed in a medically induced coma.
         
The investigation was conducted by the Bureau of Indian Affairs, Standing Rock Agency.  Assistant U.S. Attorney Troy R. Morley prosecuted the case. 

United States Attorney Brendan V. Johnson announced that a Little Eagle, South Dakota, man convicted of Child Abuse was sentenced on September 9, 2013, by U.S. District Judge Charles B. Kornmann.
         
Tyson J. Keepseagle, age 26, was sentenced to 10 months of imprisonment, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. 

Keepseagle was indicted by a federal grand jury in November of 2012.  He pled guilty to Count I of the Indictment on May 20, 2013.

The conviction stems from an incident on or around March 2, 2012, when Keepseagle was living with the victim’ s mother in Little Eagle.  The victim’s mother was cooking dinner while Keepseagle was downstairs with the children.  When the victim’s mother went downstairs, she saw Keepseagle holding down the victim with one hand covering her mouth and his other hand containing a fist full of the child’s hair.  The victim’s mother immediately leapt on Keepseagle to get him off the victim.  Keepseagle then pinned the victim’s mother on the ground and began punching her. 
         
The investigation was conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy Morley prosecuted the case. 

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

United States Attorney Brendan V. Johnson announced that a Banning, California, man convicted of Use of Interstate Facilities to Transmit Information about a Minor was sentenced on September 10, 2013, by U.S. District Judge Roberto A. Lange.  
         
Thomas Tatar, age 27, was sentenced to 60 months of imprisonment, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. 

Tatar was indicted by a federal grand jury in November of 2012.  He pled guilty to a Superseding Information on June 13, 2013. 
         
Tatar’s conviction relates to incidents that occurred on March 27, 2012, and May 15, 2012, when Tatar, who was living in California, used the internet to meet a minor who was living in South Dakota.  During the course of their internet “friendship,” Tatar attempted to solicit sexual activity from the minor girl, and also used the internet to attempt to receive sexually explicit images from her.  As this investigation was commencing, Tatar was also investigated by California authorities and convicted in California state court of a separate offense of Bringing into the State of California Matters Depicting Child Sex.  On March 13, 2013, Tatar received a 2 year prison sentence for the California offense.
         
The investigation was conducted by the Federal Bureau of Investigation.  Assistant U.S. Attorney Tim Maher prosecuted the case. 

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

United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on September 9, 2013, by U.S. District Judge Roberto A. Lange.      

Koty Arcoren, age 21, was sentenced to 12 months and 1 day of imprisonment, 5 years of supervised release, $305.66 restitution, and a $100 special assessment to the Federal Crime Victims Fund. 

Arcoren was indicted by a federal grand jury in May of 2013, and pled guilty to the Indictment on June 13, 2013. 

On February 28, 2011, Arcoren was convicted of Abusive Sexual Contact.  The Court sentenced Arcoren to 31 months in custody, seven years of supervised release, and also ordered that he register as a sex offender.    Arcoren began his term of supervised release and absconded from supervised release on April 12, 2013.  During the time he absconded from supervised release until he was apprehended in Todd County on April 29, 2013, he failed to complete his sex offender registration requirement.

The investigation was conducted by the U.S. Marshals Service.  The case was prosecuted by Assistant U.S. Attorney Tim Maher.

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

United States Attorney Brendan V. Johnson announced that Jeremy Jeunesse, a/k/a Jeremy Chasing Horse, a/k/a Jeremy Trudell, age 34, of Sioux Falls, South Dakota, appeared before Chief Judge Jeffrey L. Viken, U.S. District Court on September 5, 2013, and pled guilty to Failure to Register as a Sex Offender. 
         
The maximum penalty upon conviction is 10 years of imprisonment and a $250,000 fine.
         
The charge relates to Jeunesse failing to register as a convicted sex offender in Pennington County on September 1, 2012.  The investigation was conducted by the U.S. Marshals Service.
         
A presentence investigation was ordered and a sentencing date will be set.  The defendant was remanded to the custody of the U.S. Marshals Service pending sentencing.

United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man convicted of Abusive Sexual Contact was sentenced on September 9, 2013, by U.S. District Judge Roberto A. Lange.      
Sonny Gray Grass, age 52, was sentenced to 84 months in custody, 8 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Gray Grass was indicted by a federal grand jury on August 22, 2012, and pled guilty to Abusive Sexual Contact on May 29, 2013.

The conviction stems from an incident that took place in Todd County between April 24 and April 28, 2008, when Gray Grass engaged in sexual contact with the victim.  At the time of the offense, the victim was under the age of 12.

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

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

United States Attorney Brendan V. Johnson announced that Tricia Lee Pond, age 42, of Pine Ridge, South Dakota, appeared before U.S. Magistrate Judge Veronica L. Duffy, on September 6, 2013, and pled guilty to Conspiracy to Distribute a Controlled Substance. 
         
The penalty upon conviction is at least five, and not more than 40 years, in prison and/or a $5,000,000 fine.
         
Between 2009 and April 2013, Pond conspired with others to distribute more than 500 grams of cocaine on and around the Pine Ridge Indian Reservation. 
         
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force.  The case is being prosecuted by Assistant U.S. Attorney Ted L. McBride.

United States Attorney Brendan V. Johnson announced that a White River, South Dakota, man has been indicted by a federal grand jury for seven counts of Aggravated Sexual Abuse of a Child, Abusive Sexual Contact, and Sexual Abuse of a Minor.

Shannon White Buffalo, age 46, was indicted on August 21, 2013.  He appeared before U.S. Magistrate Judge Mark A. Moreno on September 6, 2013, and pled not guilty to the Indictment.

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

The charges stem from alleged incidents that occurred between August 2010 and December 2013 when White Buffalo sexually abused three different child and minor victims in Mellette County.  The charges are merely accusations and White Buffalo 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.   

White Buffalo was remanded to the custody of the U.S. Marshals Service pending trial.  A trial has been set for October 22, 2013.

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

Westlee Ford, age 20, was indicted on August 21, 2013.  He appeared before U.S. Magistrate Judge Mark A. Moreno on September 6, 2013, and pled not guilty to the Indictment.

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

The charges stem from an incident that occurred in June 2013 when Ford allegedly stabbed the victim in the chest, back, shoulder, and arm with a knife.  The charges are merely accusations and Ford 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.   

Ford was released to a third party custodian pending trial.  No trial date has been set.

United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, woman convicted of Assault by Striking, Beating and Wounding and Simple Assault was sentenced on September 6, 2013, by U.S. Magistrate Judge Mark A. Moreno.  

Myra Ree, a/k/a Myra Iron Shell, age 24, was sentenced to 18 months of probation and a $20 special assessment to the Federal Crime Victims Fund.

Ree was indicted by a federal grand jury on May 15, 2013, and pled guilty on September 6, 2013.

The conviction arose from a physical fight that took place on January 28, 2013, between Ree and the victim.  Ree struck the victim and then bit him on the face and the arm, wounding him.  When examined by law enforcement, the victim had large bite marks, one of which drew blood.  The victim and Ree are domestic partners.

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

United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury on two counts of Assaulting, Resisting, Opposing, and Impeding a Federal Officer.

Lawrence Gary, age 36, was indicted on June 12, 2013.  He appeared before U.S. Magistrate Judge Mark A. Moreno on September 6, 2013, and pled not guilty to the Indictment.

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

The charges relate to an alleged incident that occurred in July 2012 when Gary resisted arrest by Rosebud Sioux Tribal Officers by refusing to exit his vehicle and then charging and head butting an officer in the chest. The charges are merely accusations and Gary 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 Ruettgers is prosecuting the case.  
 
Gary was remanded to the custody of the U.S. Marshals Service pending trial.  Trial has been set for November 5, 2013.

United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, woman has been indicted by a federal grand jury.
         
Nicole Condon, a/k/a Nicole Garreau, age 35, was indicted on August 21, 2013, for Distribution of a Controlled Substance.  Condon appeared before U.S. Magistrate Judge Mark A. Moreno on September 6, 2013, and pled not guilty to the Indictment. 
         
The maximum penalty upon conviction is 20 years of imprisonment and/or a $1,000,000 fine, a mandatory period of at least 3 years of supervised release, an additional 2 years of supervised release upon revocation, and a mandatory $100 special assessment to the Federal Crime Victims Fund.  Restitution may also be ordered. 
         
The charge is merely an accusation, and Condon is presumed innocent until and unless proven guilty. 
         
The Indictment alleges that on October 23, 2012, Condon knowingly and intentionally possessed with intent to distribute a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.
         
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force and the Cheyenne River Sioux Tribe Law Enforcement Division.  Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case. 
         
Condon was remanded to the custody of the U.S. Marshals Service.  A trial date has been set for November 5, 2013.

United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of False Statement was sentenced on September 3, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court. 

Ray Douglas Red Leaf, age 40, was sentenced to 2 years’ probation, and was ordered to pay $19,470 in restitution to the Social Security Administration and $100 to the Federal Crime Victims’ Fund.

Between March 2009 and October 2011, Red Leaf knowingly made false statements in a Social Security Representative Payee Report, claiming another person resided with him in order to receive that person’s Supplemental Security Income benefits.  He pled guilty on April 18, 2013.

This case was investigated by the Office of Inspector General-Social Security Administration.  Assistant U.S. Attorney Eric Kelderman prosecuted the case.

United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury.
         
Cody Crazy Bull, age 22, was indicted on August 21, 2013, for Assaulting, Resisting and Impeding a Federal Officer.  Crazy Bull appeared before U.S. Magistrate Judge Mark A. Moreno on September 4, 2013, and pled not guilty to the Indictment. 
         
The maximum penalty upon conviction is 20 years of imprisonment and/or a $250,000 fine, 3 years of supervised release, an additional 2 years of supervised release upon revocation, and a mandatory $100 special assessment to the Federal Crime Victims Fund.  Restitution may also be ordered. 
         
The charge is merely an accusation, and Crazy Bull is presumed innocent until and unless proven guilty. 
         
The Indictment alleges that on July 20, 2013, Crazy Bull interfered with a federal law enforcement officer by using a deadly and dangerous weapon while the officer was engaged in the performance of his official duties.
         
The investigation is being conducted by the Bureau of Indian Affairs.  Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case. 
         
Crazy Bull 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 Lower Brule, South Dakota, man has been indicted by a federal grand jury.
         
Colin Colombe, age 39, was indicted on August 21, 2013, for Assault with a Dangerous Weapon.  Colombe appeared before U.S. Magistrate Judge Mark A. Moreno on September 4, 2013, and pled not guilty to the Indictment.       

The maximum penalty upon conviction is 10 years of imprisonment and/or a $250,000 fine, 3 years of supervised release, an additional 2 years of supervised release upon revocation, and a mandatory $100 special assessment to the Federal Crime Victims Fund.  Restitution may also be ordered. 
         
The charge is merely an accusation, and Colombe is presumed innocent until and unless proven guilty. 
         
The Indictment alleges that on June 25, 2013, Colombe assaulted two individuals by hitting and kicking them with shod feet with intent to do bodily harm.
         
The investigation is being conducted by the Bureau of Indian Affairs. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case. 
         
Colombe was released on bond pending trial which has not been set.

United States Attorney Brendan V. Johnson announced that Monica Quilt, age 41, of Lower Brule, South Dakota, appeared before U.S. Magistrate Judge Mark A. Moreno on September 4, 2013, and pled guilty to the Information that charged her with Assault by Striking, Beating and Wounding.    

The maximum penalty upon conviction is 1 year of imprisonment and/or a $100,000 fine, 1 year of supervised release, 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 charge stems from an incident between May 8, 2013, and May 9, 2013, wherein Quilt and the victim, who were involved in an intimate, dating relationship, had both been out drinking, but separately.  During the morning hours of May 9th, Quilt went to her home and the victim arrived later.  A physical assault occurred between Quilt and the victim, which resulted in the victim suffering injuries to his neck and face that required medical treatment.
         
The investigation was conducted by the Bureau of Indian Affairs, Lower Brule Agency.  Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case. 
         
Quilt was released on bond pending sentencing which has been set for November 8, 2013.

CANTON, S.D. – Adams Thermal Systems Inc. has entered into a deferred prosecution agreement with the U.S. Attorney’s Office and the U.S. Department of Labor’s Occupational Safety and Health Administration to pay more than $1.33 million to resolve criminal penalties and OSHA fines levied as a result of the death of a worker on Nov. 7, 2011, in the company’s Canton plant. The U.S. Attorney’s Office filed the Deferred Prosecution Agreement on Sept. 5, 2013, and has asked that it be approved by the U.S. District Court for the District of South Dakota.

Under the terms of the agreement, the company will pay the worker’s surviving spouse $450,000, a criminal fine of $450,000 and the full OSHA fine of $435,000stemming from the regulatory violations that caused the fatality and additional violations discovered in subsequent inspections.

OSHA’s investigation found the worker was fatally crushed in a machine used to make radiator cores, after management instructed and authorized workers to bypass the manufacturer’s barrier guard in order to adjust the machine to keep it running. OSHA also conducted two concurrent safety and health investigations at the company in February 2012, which resulted in 66 violations.

“Adams Thermal failed to provide a safe workplace, and those conditions ultimately took the life of a worker. There is no excuse for an employer to compromise safety to keep production running,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “The Department of Labor has worked diligently with the Office of the United States Attorney for South Dakota to resolve this case and provide justice to the family of this worker. No one should ever lose their life for a job.”

Because the willful violations cited by OSHA caused the worker’s death, the case was referred to the U.S. Attorney for the District of South Dakota in November 2012 for criminal prosecution. Criminal Chief Dennis Holmes handled the case for the U.S. Attorney’s Office.

“The purpose of this settlement, which was reached after discussions with the victim’s family, is to provide justice to the family and deter similar corporate conduct in the future,” said U.S. Attorney Brendan Johnson. “The right of South Dakotans to a safe work environment isn’t optional, it is fundamental. I commend OSHA for their investigative efforts, and I am pleased with the settlement that has been reached.”

The agreement resolves both of the OSHA civil cases, and includes significant enhanced abatement of violations by the company. Adams Thermal Systems agreed to: increase the size of its safety and health department; implement a companywide safety and health program; provide incentives for managers and workers to report safety issues and make safety recommendations; and to hire a qualified third-party to review guarding and lockout/tagout for all plant machinery and to audit the abatement of all identified hazards. The company will also report quarterly to OSHA for three years on safety progress and reportable illnesses and injuries, and redesign the safety systems and procedures on the radiator core machine involved in the fatality.

The agreement will resolve three willful citations issued for $210,000 on April 26, 2012, as a result of the fatality investigation. The settlement also resolves the additional citations issued on August 2012, following two concurrent comprehensive safety and health inspections, with proposed penalties of $225,000. The comprehensive safety and health cases involved 58 serious violations and eight other-than-serious violations addressing unlabeled piping systems; obstructions in aisles and passageways; unguarded machinery; crane and hoist hazards; improper exits; electrical hazards and exposures to chemicals, dust, and noise.

OSHA placed Adams Thermal Systems, which manufactures engine cooling systems for off-highway and on-highway vehicles, in its Severe Violator Enforcement Program in August 2012 as a result of these inspections. The program mandates targeted follow-up inspections to ensure compliance with the law. The program focuses on recalcitrant employers that endanger workers by committing willful, repeat or failure-to-abate violations.

To ask questions, obtain compliance assistance, file a complaint or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA’s toll-free hotline at 800-321-OSHA (6742).

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

United States Attorney Brendan V. Johnson announced that Nicholas Guttierrez, a/k/a Nicholas Gutierrez, age 19, of Timber Lake, South Dakota, appeared before U.S. District Judge Roberto A. Lange on August 29, 2013, and pled guilty to a Superseding Information that charged him with Misprision of a Felony.

The maximum penalty upon conviction is 3 years in custody and/or a $250,000 fine, 1 year of supervised release, and a $100 assessment to the Federal Crime Victims Fund.

The conviction is the result of a January 6, 2013, late night break-in at the Chatter Box Corner Café and Bar, a downtown business in Timber Lake.  Guttierrez had knowledge of the burglary, provided transportation to his co-defendant from the scene of the burglary, and concealed the same from tribal and federal law enforcement officers.  He did not, as soon as possible, make known the same to a judge or other person in civil authority.

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. 

A presentence investigation was ordered, and a sentencing date was set for November 19, 2013.  The defendant was released pending sentencing. 

United States Attorney Brendan V. Johnson announced that on August 30, 2013, three people were found guilty of drug conspiracy charges following a federal jury trial in U.S. District Court in Rapid City, South Dakota.

Theresa Vocu, age 45, of Kyle, South Dakota, was found guilty of Conspiracy to Distribute Methamphetamine, and Zeno Little, age 57, of Porcupine, South Dakota, and Wesley Yellow Horse Sr., age 57, of Oglala, South Dakota, were each found guilty of Conspiracy to Distribute Marijuana.   

Vocu faces up to 20 years’ imprisonment and/or a $1,000,000 fine.  Little and Yellow Horse face not more than 5 years’ imprisonment and/or a $250,000 fine.

A drug conspiracy investigation began on or about October of 2008 and it resulted in federal charges against of 18 individuals: Abraham Romero; Richard Marshall; Lorenzo Camacho Tarango, a/k/a Lencho a/k/a Lecho; Reyes Chavez-Rojo; Billi American Horse; Jimmy Bravo; Elwanda Fire Thunder; Kimberly Janis; Zeno Little; Norton Little Spotted Horse; Moses Montileaux Jr.; Moses Montileaux Sr.; Whisper Montileaux; Stephanie  Standing Soldier; Edward Vocu; Theresa Vocu; Cassie Winters; and Wesley Yellow Horse Sr.         

During the course of the conspiracy, Romero would receive marijuana, cocaine, and methamphetamine from Chavez-Rojo and Lencho and other persons, and then the remaining above-named individuals and other persons conspired to distribute and/or distributed marijuana, cocaine, and/or methamphetamine on the Pine Ridge Indian Reservation.  Prior to the guilty verdicts on August 30, 2013, the other fifteen defendants pled guilty to conspiracy to distribute a controlled substance(s).

The investigation was conducted by the Federal Bureau of Investigation, Northern Plains Safe Trails Drug Enforcement Task Force, South Dakota Division of Criminal Investigation, 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 Ted L. McBride and Special Assistant U.S. Attorney Laura A. Shattuck.

Sentencing dates for Vocu, Little, and Yellow Horse have not been set.

United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota, man has been indicted by a federal grand jury on a Superseding Indictment for one count of Aggravated Sexual Abuse of a Child, six counts of Aggravated Sexual Contact with a Child, and one count of Abusive Sexual Contact.

Vernon Blackhorse, age 63, appeared before U.S. Magistrate Judge Mark A. Moreno on August 28, 2013, and pled not guilty to the superseding indictment.

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

The charges relate to allegations that between May 2001 and November 2007 Blackhorse assaulted four different female victims in St. Francis and Eagle Butte.  

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

The investigation is being conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Marie H. Ruettgers is prosecuting the case. 
  
Blackhorse was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has been set for October 22, 2013.

United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child and Abusive Sexual Contact with a Child.

Daniel Briggs, age 28, was indicted on June 12, 2013.  He appeared before U.S. Magistrate Judge Mark A. Moreno on September 3, 2013, and pled not guilty to the Indictment.

The maximum penalty upon conviction is a mandatory minimum of 30 years in custody up to 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.

The charges stem from an alleged incident that happened on or between December 4, 2010, and December 5, 2010, where Briggs sexually abused a child under the age of 12 in Eagle Butte.  The charges are merely an accusation and Briggs 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.   
Briggs was remanded to the custody of the U.S. Marshals Service.  A trial has been set for October 22, 2013.

United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota, woman convicted of Theft from Indian Tribal Organization was sentenced on August 29, 2013, by Chief Judge Jeffrey L. Viken, United States District Court. 

Doreen Two Bulls, a/k/a Doreen Brown, a/k/a Dee Dee Brown, age 55, was sentenced to 1 year of probation and ordered to pay $100 to the Federal Crime Victims Fund.  She was also ordered to pay $9,528.06 in restitution to the Oglala Sioux Tribe.

Between August 2010 and January 2011, Two Bulls, while employed as the Oglala Sioux Tribe Property and Supply Director, stole checks issued to tribal organizations, changed the face of the checks to include her name, and endorsed them.  She then took the forged checks to various locations, cashed them, and used the money for personal purchases.  She pled guilty on March 13, 2013.

United States Attorney Brendan V. Johnson announced that a Parmelee, South Dakota, man has been indicted by a federal grand jury.
         
Joseph Morrisette, age 53, was indicted on August 21, 2013, for Child Abuse.  Morrisette appeared before U.S. Magistrate Judge Mark A. Moreno on September 3, 2013, and pled not guilty to the Indictment. 
         
The maximum penalty upon conviction is up to 15 years of imprisonment and/or a $250,000 fine, 3 years of supervised release, an additional 2 years of supervised release upon revocation, and a mandatory $100 special assessment to the Federal Crime Victims Fund.  Restitution may also be ordered. 
         
The charge is merely an accusation, and Morrisette is presumed innocent until and unless proven guilty. 

The Indictment alleges that on July 9, 2013, Morrisette struck a child and exposed three other children to danger.
         
The investigation is being conducted by the Federal Bureau of Investigation.  Assistant U.S. Attorney Timothy M. Maher is prosecuting the case. 
         
Morrisette 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 William Rahn, age 27, of Parmelee, South Dakota, appeared before U.S. District Judge Roberto A. Lange on August 29, 2013, and pled guilty to a Superseding Information that charged him with Assaulting, Resisting and Impeding a Federal Officer. 

The maximum penalty upon conviction is 8 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 charge stems from an incident wherein Rahn was driving erratically, attempting to elude Bureau of Indian Affairs police officers on the Rosebud Sioux Indian Reservation.  He drove his vehicle directly at a parked police unit, and came within feet of hitting the vehicle.  When Rahn finally stopped his vehicle on a dirt road, he resisted officers’ attempts to pull him from the vehicle and the resistance involved physical contact with an officer.  Rahn was tazered whereupon he became compliant.

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

Rahn was remanded to the custody of the U.S. Marshals Service pending sentencing, which has been set for November 21, 2013.

United States Attorney Brendan V. Johnson announced that an Oglala, South Dakota, woman has been indicted by a federal grand jury for allegedly operating and crashing a motor vehicle while under the influence on May 19, 2013, near Loneman, South Dakota.  The crash resulted in the death of Gillard Good Voice Flute.

Valerie Good Voice Flute, age 36, was indicted on August 27, 2013, for Involuntary Manslaughter.  Good Voice Flute appeared before U.S. Magistrate Judge Veronica L. Duffy on August 29, 2013, and pled not guilty to the Indictment. 

The maximum penalty upon conviction is 8 years of imprisonment and a $250,000 fine.  The charge is merely an accusation and Good Voice Flute 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. 

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

Jeremy Eagle Bear, age 23, was indicted on August 21, 2013.  Eagle Bear appeared before U.S. Magistrate Judge Mark A. Moreno on August 30, 2013, and pled not guilty to the Indictment. 

The maximum penalty on each count upon conviction is 15 years of imprisonment and/or a $250,000 fine, 5 years of supervised release, an additional 2 years of supervised release upon revocation, and a mandatory $100 special assessment to the Federal Crime Victims Fund.  Restitution may also be ordered. 

The charges relate to allegations that in 2011 Eagle Bear had sex with a minor on two different occasions, which occurred on the Rosebud Sioux Indian Reservation.

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

The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Tim Maher is prosecuting the case.         

Eagle Bear was remanded to the custody of the U.S. Marshals Service.  A trial date has been set for November 5, 2013.

United States Attorney Brendan V. Johnson announced that a Norris, South Dakota, man has been indicted by a federal grand jury.

Chauncy Crow Dog, age 19, was indicted on August 21, 2013, for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.  Crow Dog appeared before U.S. Magistrate Judge Mark A. Moreno on August 28, 2013, and pled not guilty to the Indictment. 

The maximum penalty on each count upon conviction is 10 years of imprisonment and/or a $250,000 fine; 3 years of supervised release; an additional 2 years of supervised release upon revocation; and a mandatory $100 special assessment to the Federal Crime Victims Fund.  Restitution may also be ordered. 

The charges stem from an incident on August 14, 2013, when Crow Dog allegedly assaulted two individuals in the parking lot of the Paul Mart convenience store in Rosebud.  The charges are merely accusations, and Crow Dog is presumed innocent until and unless proven guilty.

The investigation is being conducted by the Federal Bureau of Investigation.  Assistant U.S. Attorney Tim Maher is prosecuting the case.         

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

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

Hubert Desersa, age 23, was indicted on July 17, 2013.  He appeared before U.S. Magistrate Judge Mark A. Moreno on September 3, 2013, and pled not guilty to the Indictment.

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

The charges relate to alleged incidents that occurred in Todd County in May 2013 when Desersa assaulted the victim with dangerous weapons, including a knife, causing serious bodily injury.   The charges are merely accusations and Desersa 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.

Desersa was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for October 22, 2013.

United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury.
         
Lemar Chasing Hawk, age 53, was indicted on August 21, 2013, for Kidnapping, Assault with Intent to Commit Any Felony, and Domestic Assault By An Habitual Offender.  He appeared before U.S. Magistrate Judge William D. Gerdes on August 29, 2013, and pled not guilty to the Indictment. 
         
The maximum penalty upon conviction of the kidnapping charge is any term of years up to life imprisonment and 5 years of supervised release.  The assault charge carries a maximum penalty of 10 years of imprisonment, and the habitual offender charge carries a maximum of 5 years' imprisonment.  All counts (unless stated otherwise) include a possible $250,000 fine, 3 years of supervised release, an additional 2 years of supervised release upon revocation, and a mandatory $100 special assessment to the Federal Crime Victims Fund.  Restitution may also be ordered. 

The charges stem from alleged repeated assaults of an individual, who at the time of the assaults was the spouse or intimate partner of Chasing Hawk.  One incident also alleges the victim was dragged, against her will, to another location to be assaulted.

The charges are merely accusations, and Chasing Hawk 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. 
         
Chasing Hawk 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 Manderson, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on August 28, 2013, by Chief Judge Jeffrey L. Viken, United States District Court. 

Frank William Holy Rock, age 22, was sentenced to 24 months of imprisonment, 3 years of supervised release, and ordered to pay $100 to the Federal Crime Victims Fund.

 On May 20, 2012, a group of young men were drinking and enjoying a bonfire in a pasture two miles from Manderson. In the early morning hours, another group of young men, including Holy Rock, approached the group at the bonfire, yelling obscenities and challenging them to a fight.  A fight ensued between some members of the two groups, and Holy Rock hit another man with a stick and kicked him in the head repeatedly, causing a laceration to the head, which required stitches, and a fractured hand.  Holy Rock pled guilty on March 28, 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. Sarah B. Collins prosecuted the case.     

United States Attorney Brendan V. Johnson announced that a man from Mexico convicted of Illegal Reentry After Deportation was sentenced on August 28, 2013, by U.S. District Judge Roberto A. Lange.

Jesus Ochoa Aguirre, a/k/a Felipe Cabrera Aguirre, age 30, was sentenced to 12 months and 1 day of imprisonment and a $100 special assessment to the Federal Crime Victims Fund. 

Ochoa Aguirre was indicted by a federal grand jury on October 10, 2012, and pled guilty to the charge on July 8, 2013.

The charge stems from an incident on or about September 24, 2012, when Ochoa Aguirre, an alien, was found in the United States in the District of South Dakota, after having been previously deported from the states on or about April 16, 2010. Ochoa Aguirre had not obtained the consent of the Secretary of the United States Department of Homeland Security and the Attorney General of the United States to apply for admission into the states.  Ochoa Aguirre was found by law enforcement after a Fort Pierre resident reported that Ochoa Aguirre had tried to sell him methamphetamine. 

The investigation was conducted by the Department of Homeland Security.  Assistant U.S. Attorney Kathryn N. Rich prosecuted the case. 

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

United States Attorney Brendan V. Johnson announced that a Little Eagle, South Dakota, man has been indicted by a federal grand jury.

Chat Moses Bobtail Bear Sr., a/k/a Chate Bobtail Bear Sr., age 35, was indicted by a federal grand jury on August 21, 2013.  He appeared before U.S. Magistrate Judge William D. Gerdes on August 29, 2013, and pled not guilty to the Indictment. 

The maximum penalty upon conviction of the habitual offender offense is 5 years of imprisonment.  The maximum penalty upon conviction of the assault charge is 10 years of imprisonment.  All counts include a possible $250,000 fine, 3 years of supervised release, an additional 2 years of supervised release upon revocation, and a mandatory $100 special assessment to the Federal Crime Victims Fund.  Restitution may also be ordered. 

The charges stem from several alleged assaults of an individual who, at the time of the assaults, was the spouse or intimate partner of Bobtail Bear.

The charges are merely accusations, and Bobtail Bear 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. 

Bobtail Bear 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 Dana Hoover, a/k/a Dana Strawn, age 51, of Cushing, Iowa, appeared before U.S. District Judge Roberto A. Lange on August 29, 2013, and pled guilty to Count I of the Indictment that charged her with Distribution of a Controlled Substance.     

The maximum penalty upon conviction is 20 years of imprisonment and/or a $1,000,000 fine, a mandatory 3 years up to life of supervised release, 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. 

Hoover was introduced to an undercover agent in April 2012.  After conversation and exchanging text messages, Hoover agreed to sell methamphetamine to the agent, whom Hoover knew to be located in the central South Dakota area.  The agent wired money to Hoover and arrangements were made for the agent to pick up the methamphetamine from Hoover.  On May 10, 2012, at a truck stop near Sioux Falls, South Dakota, Hoover met the agent and delivered the methamphetamine.

The State Health Lab confirmed that the substance Hoover sold on May 10, 2012, was methamphetamine with a weight of 7.39 grams.  The total amount of methamphetamine attributed to Hoover for distribution was at least 20 grams but less than 30 grams.

The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case. 

Hoover was remanded to the custody of the U.S. Marshals Service pending sentencing, which has been set for November 21, 2013.