District of South Dakota

United States Attorney Brendan V. Johnson announced that Bryant Ross, age 39, of Fort Thompson, South Dakota, appeared before U.S. District Judge Roberto A. Lange on August 29, 2013, and pled guilty to the Indictment that charged him with Felon in Possession of Firearm. 

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 $100 special assessment to the Federal Crime Victims Fund.  Restitution may also be ordered. 

The charge stems from an incident on February 23, 2013, when a Bureau of Indian Affairs Officer made contact with Ross in the Old Fort campground area off of Highway 47.  It was learned at this time that Bryant “Spud” Ross had an active tribal warrant.  During his arrest on the tribal warrant, it was learned there were two firearms in Ross’ possession. 

Ross was convicted in 1998 of Possession of Controlled substance-Meth, which prohibits him from possessing a firearm.

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

Ross 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 a Chamberlain, South Dakota, man has been indicted by a federal grand jury.

Rodney Hickey, age 48, was indicted on July 17, 2013, for Possession with Intent to Distribute a Controlled Substance and Drug User in Possession of Firearm.  Hickey 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 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 $200 special assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.

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

The Superseding Indictment alleges that on or about January 12, 2013, Hickey knowingly and intentionally possessed with intent to distribute hydrocodone, a Schedule III controlled substance.  It also alleges that he knowingly possessed firearms while being a drug user.

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.

Hickey was remanded to the custody of the U.S. Marshals Service until an electronic device can be in place and his warrant has been satisfied.  A trial date has been set for October 22, 2013.

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

Darla Yellow Earrings, age 49, was indicted on August 21, 2013, for Assaulting, Resisting and Impeding a Federal Officer.  She 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 charge is 20 years' 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 assault of a federal law enforcement officer in July of 2013, with the use of an automobile.

The charge is merely an accusation, and Yellow Earrings 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. 

Yellow Earrings was released, subject to conditions.  A trial date has been set for November 5, 2013.

United States Attorney Brendan V. Johnson announced that two Mission, South Dakota, women convicted of Second Degree Burglary have been sentenced by U.S. District Judge Roberto A. Lange. 

Tara Makes Room For Them and Victoria Brown, both age 19, were sentenced on August 28 and 29, 2013, respectively, to 2 months of imprisonment, 4 months of home confinement, 18 months of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.  Each was also ordered to pay restitution in the amount of $3,341.99 to three separate burglary victims.

Both women were indicted by a federal grand jury in February of 2013, and pled guilty on June 13, 2013. 

The conviction stems from incidents that took place on January 16, 2013, when Makes Room For Them, Brown and one other person burglarized three homes on the Rosebud Reservation and took property that did not belong to them.  The remaining co-defendant will be sentenced in September. 

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

United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota, man, formerly of Hot Springs, Arkansas, was sentenced on August 29, 2013, by U.S. District Court Judge Karen E. Schreier for Failure to Pay Child Support.

Jacob H. Lehnherr, age 39, was sentenced to five years of probation, a $100.00 special assessment to the Federal Crime Victims Fund, and child support restitution in the amount of $32,890.88.

Lehnherr was indicted for failing to pay over $29,682.00 in past due child support by a federal grand jury on August 14, 2012.  He was previously ordered by the Second Judicial Circuit Court, Minnehaha County, South Dakota, to pay $346.67 per month for his minor child, commencing May 1, 2001.  Some sporadic payments were made, but at the time of his indictment he had past due child support totaling $29,682.22.  Lehnherr pled guilty to the charge on June 10, 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 Mission, South Dakota, woman convicted of Second Degree Burglary was sentenced on August 29, 2013, by U.S. District Judge Roberto A. Lange.
 
Victoria Brown, age 19, was sentenced to 2 months of imprisonment, 4 months of home confinement, 18 months of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.  She was also ordered to pay restitution in the amount of $3,341.99 to 3 separate burglary victims.

Brown was indicted by a federal grand jury in February of 2013.  She pled guilty to Count I of the Indictment on June 13, 2013. 

The conviction stems from incidents that took place on January 16, 2013, when Brown and two others burglarized three homes on the Rosebud Reservation and took property that did not belong to them.  Two other co-defendants have also been convicted and sentenced on burglary charges.

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

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

United States Attorney Brendan V. Johnson announced that Patrick B. Wind, a/k/a Patrick Azure, age 21, of Fort Thompson, South Dakota, appeared before U.S. District Judge Roberto A. Lange on August 28, 2013, and pled guilty to Count II of the Indictment that charged him with Assaulting, Resisting and Impeding a Federal Officer. 

The maximum penalty upon conviction is 8 years of imprisonment, a $250,000 fine, or both; 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 on June 4, 2013, wherein a Bureau of Indian Affairs (BIA) officer was dispatched to a home in Lower Brule for a report of a passed out male on the front porch of a residence. The officer made contact with the male, later identified as Wind.  Wind was unsteady, speech slurred and had a strong odor of alcohol.  The officer unsuccessfully attempted to communicate with Wind, and placed him under arrest for public intoxication.

Once handcuffed, Wind became noncompliant and lunged at the officer, kicking and swearing at the officer who attempted to put Wind in the car.  The officer called for backup and deployed his pepper spray, which had no effect on Wind, saying he was “ready for more.” 

Two additional BIA officers arrived on scene. As one of them was attempting to put leg restraints on Wind, he continued to resist by spitting and kicking at the officers.  Wind continued to yell profanities and resist on the ride to the jail and had to be carried into the jail by three officers. 

The investigation was conducted by the Federal Bureau of Investigation.  Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case. 

Wind 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 Michael Pearlingi, age 44, of Key West, Florida, appeared before U.S. District Judge Roberto A. Lange on August 27, 2013, and pled guilty to Count I of the Indictment that charged him with Conspiracy to Distribute and Possession with Intent to Distribute a Controlled Substance.

The maximum penalty upon conviction is not more than 20 years of imprisonment, a $1,000,000 fine, or both; at least 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 on March 14, 2013, wherein a South Dakota Highway Patrol Trooper spoke with occupants of a motor home, including the defendant, when they stopped for fuel.  The trooper’s suspicions were heightened during the conversation, and he deployed his service dog that is trained to detect the odor of certain illegal narcotics, including marijuana.

The trooper searched the motor home and found large garbage bags containing marijuana, packaged in approximately one pound bundles. There was also a smaller amount of personal use marijuana in the motor home.  The total amount of marijuana found was approximately 113 pounds.

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

Pearlingi was remanded to the custody of the U.S. Marshals Service pending sentencing which has been set for November 7, 2013.  Pearlingi’s co-defendant, David Wallace, has pled not guilty and is scheduled for trial on November 5, 2013.

United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on August 29, 2013, by U.S. District Judge Roberto A. Lange. 

Phillip LaBatte, age 24, was sentenced to time served, which had been approximately 7 months; 2 years of supervised release; and a $100 special assessment to the Federal Crime Victims Fund. 

LaBatte was indicted by a federal grand jury on October 16, 2012, and pled guilty to Count III of the Indictment on June 13, 2013. 

The conviction stems from the investigation of burglaries in Eagle Butte.  While investigating the burglaries, a Cheyenne River Sioux Tribe detective learned that several juveniles committed the burglaries and that some of the stolen items could be located at LaBatte’s residence.  The detective obtained a tribal search warrant for LaBatte’s residence.  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. 

LaBatte was immediately turned over to the custody of the U.S. Marshals Service due to two outstanding warrants in North Dakota on unrelated charges. 

United States Attorney Brendan V. Johnson announced that Chad Two Hearts, age 39, of Eagle Butte, South Dakota, has been convicted of Aggravated Sexual Abuse of a Child as a result of a two-day federal jury trial held in Pierre, South Dakota. 

This charge carries a maximum of life in prison, a $250,000 fine, or both; at least 5 years and up to life of supervised release; and a $100 special assessment.

Two Hearts, who was previously convicted by the State of South Dakota for second degree attempted rape, was indicted by a federal grand jury for Aggravated Sexual Abuse of a Child on March 13, 2013.  

At Two Hearts’ trial, which began on August 27, 2013, the jury heard a taped confession of Two Hearts admitting to the Federal Bureau of Investigation that he sexually abused the victim in Hills, Minnesota.  The victim, who was 9 or 10 years old at the time of the sexual abuse and was 18 years old at the time of the trial, testified that the sexual abuse happened in both Minnesota and South Dakota.  The jury returned its guilty verdict after deliberating for approximately two hours.

This case was investigated by the Federal Bureau of Investigation, the Cheyenne River Sioux Tribe Law Enforcement Division, and the South Dakota Division of Criminal Investigation.  Assistant U.S. Attorney Mikal Hanson prosecuted the case.

A presentence investigation was ordered and a sentencing date was set for November 20, 2013.

The defendant was remanded to the custody of the U.S. Marshals Service to await sentencing.

United States Attorney Brendan V. Johnson announced that a Fort Thompson, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on August 26, 2013, by U.S. District Judge Roberto A. Lange.  

Myron Touche, Sr., age 44, was sentenced to 22 months of imprisonment, 18 months of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.  

Touche was indicted by a federal grand jury on February 13, 2013.  He pled guilty to the above charge on June 4, 2013.  

The charge stems from an incident occurring on November 10, 2012, wherein Touche ended up at the trailer house of his niece and her boyfriend.  Two individuals were arguing in the back bedroom, and Touche went to the back room and confronted the two arguing.  Touche then grabbed a gun that was by the front door and pointed it at the victim.  The victim and another individual were able to wrestle the gun away from Touche.  

​The investigation was conducted by the Federal Bureau of Investigation.  Assistant U.S. Attorney  Meghan N. Dilges prosecuted the case.  

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

United States Attorney Brendan V. Johnson announced that a Custer, South Dakota, man has pled guilty to a federal income tax evasion charge.

​Dennis Wicks, age 71, appeared before U.S. Magistrate Judge Veronica L. Duffy on August  22, 2013, and pled guilty to an Information charging him with income tax evasion for the year 2009, during which Wicks received taxable income of over $50,000.  

Wicks admitted to directing some of his patients to make payments payable to a nominee entity, instead of to himself, in an attempt to evade the assessment of taxes against him.  Wicks also admitted to attempting to evade or defeat taxes due in 2001, 2002, 2005, 2006, 2007, 2008, and 2010.  The maximum penalty upon conviction is 5 years’ imprisonment and a $250,000 fine.

​The investigation is being conducted by the Department of the Treasury, Internal Revenue Service. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.  

A presentence investigation was ordered and a sentencing date will be set.  Wicks was released on bond pending sentencing.

United States Attorney Brendan V. Johnson announced that a Timber Lake, South Dakota, man has been indicted by a federal grand jury for Uttering Counterfeit Obligations of the United States.

Dennis Tyler Gutierrez, a/k/a Crow Shoe, age 21, was indicted by a federal grand jury on August 21, 2013.  He appeared before U.S. Magistrate Judge Mark A. Moreno on August 23, 2013, and pled not guilty to the indictment.

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

The charge relates to an incident on July 25, 2013, when the defendant allegedly passed a counterfeit $100 bill at the Timber Lake celebration.  The charge is merely an accusation and Gutierrez is presumed innocent until and unless proven guilty. 

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

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

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

Francisco Hernandez, Jr., age 41, was indicted by a federal grand jury on May 15, 2013.  He appeared before U.S. Magistrate Judge Mark A. Moreno on August 26, 2013, and pled not guilty to the Indictment.  The charge stems from repeated assaults on the victim who has been in a relationship with Hernandez for approximately 7 years.

The maximum penalty upon conviction is 5 years of imprisonment, a $250,000 fine, or both; 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 are merely accusations, and Hernandez 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 R. Morley is prosecuting the case. 

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

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

Vincent Archambeault, a/k/a Vincent Archambault, age 26, was indicted by a federal grand jury on August 21, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 23, 2013, and pled not guilty to the indictment.

The maximum penalty upon conviction is 10 years in custody, a $250,000 fine, or both; at least 3 years 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 a June 26, 2013, incident in Timber Lake when the defendant allegedly bit two individuals with his teeth and caused serious bodily injury to one of the alleged victims.

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

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

Archambeault 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 Rosebud, South Dakota, man has been indicted by a federal grand jury.

Anthony Hero, age 28, was indicted by a federal grand jury on May 15, 2013.  He appeared before U.S. Magistrate Judge Mark A. Moreno on August 27, 2013, and pled not guilty to the Indictment. 

The charge stems from an incident wherein Hero allegedly assaulted an individual in February of 2013.  As a result of the alleged assault, the individual sustained a broken jaw requiring surgery. 

The maximum penalty upon conviction is 10 years of imprisonment, a $250,000 fine, or both; 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 Hero is presumed innocent until and unless proven guilty.

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

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

United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man convicted of Possession and Sale of a Stolen Firearm and Tampering with a Witness was sentenced on August 26, 2013, by U.S. District Judge Roberto A. Lange.  

Jody Albert Hunt, age 35, was sentenced to 24 months of custody on each count to run concurrently, 2 years of supervised release, and a $200 special assessment to the Federal Crime Victims Fund.

Hunt was indicted by a federal grand jury on April 12, 2013, and pled guilty to Possession and Sale of a Stolen Firearm and Tampering with a Witness on June 4, 2013.

The convictions were the result of Hunt taking the personal property from a ranch southwest of Cherry Creek.  The stolen property included a DPMS AR-15 semi-automatic assault rifle.  After taking the rifle, Hunt drove to Rapid City where he sold the rifle to purchase drugs.  With the assistance of the Rapid City Police Department, Hunt was located and arrested.

While at the Rapid City jail, Hunt called a witness to his burglary and theft and attempted to get that witness to cover up his crimes.  Most of the stolen property and the AR-15 assault rifle were recovered.

The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Rapid City Police Department; and the Cheyenne River Sioux Tribe Law Enforcement Division.  The case was prosecuted by Assistant U.S. Attorney Mikal Hanson.

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

James “Pard” Pesicka, age 29, was indicted by a federal grand jury on June 12, 2013.  He appeared before U.S. Magistrate Judge Mark A. Moreno on August 23, 2013, and pled not guilty to the indictment.

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

The defendant is alleged to have sexually abused a child under the age of 12 several times in Dupree from between July 2008 and February 2012.  The charge is merely an accusation and Pesicka 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.   
Pesicka was released pending trial.  A trial date has not been set.

United States Attorney Brendan V. Johnson announced that a Wakpala, South Dakota, woman convicted of Assault Resulting in Serious Bodily Injury was sentenced on August 23, 2013, by U.S. District Judge Charles B. Kornmann. 

Adrienne Kills Small, age 36, was sentenced to 15 months of imprisonment, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. 

Kills Small was indicted by a federal grand jury in February of 2013.  She pled guilty on May 20, 2013. 

The conviction stems from an incident on January 20, 2013, when Kills Small was home socializing with the victim, among others.  Kills Small and the victim had previously been in a dating relationship and they have two children together.  A fight broke out between the victim and Kills Small’s current boyfriend and Kills Small grabbed a knife and stabbed the victim multiple times.  As a result of the assault, the victim sustained serious bodily injury.

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

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

United States Attorney Brendan V. Johnson announced that Juan A. Valadez, Jr., age 20, of Wakpala, South Dakota, appeared before U.S. District Judge Charles B. Kornmann on August 23, 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, a $250,000 fine, or both; 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 a Bureau of Indian Affairs (BIA) officer received a call regarding a high speed pursuit which had originated in Mobridge, South Dakota, and was heading onto the Standing Rock Sioux Tribe Reservation.  The officer located the vehicle and joined in the pursuit at speeds in excess of 90 miles per hour.  The Defendant eventually turned onto a field and was pursued by the BIA officer, where the the Defendant’s car and the officer’s car came into physical contact with one another.

The investigation was being conducted by the BIA Standing Rock Agency.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case. 

Valadez was remanded to the custody of the U.S. Marshals Service pending sentencing which has been set for November 18, 2013.

United States Attorney Brendan V. Johnson announced that Racine Whirlwind Soldier, a 28-year-old woman from St. Francis, South Dakota, pled guilty to Assault by Striking, Beating and Wounding and Simple Assault and was sentenced on August 26, 2013, by U.S. Magistrate Judge Mark A. Moreno.  She was sentenced to 18 months of probation on each count, to be served concurrently; $239.70 in restitution; and a $35 assessment to the Federal Crime Victims Fund.

On August 3, 2012, Whirlwind Soldier’s co-defendant, Kelcey Andrews, reached into the front passenger window of a car in which the victim, a minor, was located and punched the victim in the face and grabbed the victim by the hair.  Whirlwind Soldier threw a beer bottle into the car and cut the victim below her eyebrow, which required four sutures.  The victim was injured as a result of the unlawful conduct of Whirlwind Soldier and Andrews.

United States Attorney Brendan V. Johnson announced that a Parmelee, South Dakota, man convicted of Involuntary Manslaughter and Aiding and Abetting was sentenced on August 26, 2013, by U.S. District Judge Roberto A. Lange.

Nathaniel Red Bird, age 33, was sentenced to 15 months of custody, 18 months of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Red Bird was indicted by a federal grand jury on January 16, 2013, and pled guilty to Involuntary Manslaughter and Aiding and Abetting on June 4, 2013.

In the early morning hours of August 14, 2011, in Mission, South Dakota, Red Bird and a co-defendant were highly intoxicated and went to sleep in the same bed with the victim, their 7-month-old child.  The next morning, Red Bird awoke and realized the child was not breathing.  A medical opinion indicated the child died of asphyxia due to parental overlaying while co-sleeping with the intoxicated parents.

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.

Red Bird 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 Bismarck, North Dakota, man charged with transportation of child pornography was sentenced on August 23, 2013, by U.S. District Court Judge Charles B. Kornmann.  

Quentin Edward Doerr, age 41, was sentenced to 60 months in custody to run concurrently to any sentence imposed by the State Court in North Dakota, followed by 5 years on supervised release, and a special assessment of $100.

Doerr was indicted for Production of Child Pornography by a federal grand jury on August 14, 2012.  In 2012, Doerr possessed video-recorded depictions of himself engaged in sexually explicit conduct with a minor female.  He traveled from South Dakota to his home in North Dakota with the video file of child pornography in his computer.  He pled guilty to the charge of Transportation of Child Pornography on April 23, 2013.

The investigation was conducted by the Spink County Sheriff's Office, the Bismarck Police Department, the Federal Bureau of Investigation, and the South Dakota Division of Criminal Investigation.   Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.

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

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse.  Led by the U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

United States Attorney Brendan V. Johnson announced that a Manderson, South Dakota, man has been indicted by a federal grand jury for allegedly using a blunt object to kill another man at Manderson on August 2, 2013.

Leonard David Yankton, a/k/a Lenny Yankton, age 37, was indicted by a federal grand jury on August 13, 2013, for second-degree murder.  Yankton appeared before U.S. Magistrate Judge Veronica L. Duffy on August 22, 2013, and pled not guilty to the indictment.  The maximum penalty upon conviction is life imprisonment and a $250,000 fine. 

The charge is merely an accusation and Yankton 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. 

United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota, man charged with Sex Trafficking by Force, Fraud, or Coercion was sentenced on August 26, 2013, by United States District Judge Karen E. Schreier.  

Tajahn Clinton, age 36, was sentenced to 402 months of imprisonment, 5 years of supervised release, restitution to the victim in the amount of $1,100, and a $100 assessment to the Federal Crime Victims Fund.  Judge Schreier will recommend to the Bureau of Prisons that Clinton participate in the drug and alcohol treatment program during the time of his incarceration.

Clinton pled guilty on May 15, 2013, to Count 2 of the Fourth Superseding indictment charging Sex Trafficking by Force, Fraud, or Coercion.

United States Attorney Johnson stated that, “Today’s sentence demonstrates that sex traffickers will pay a heavy price for victimizing women in South Dakota.  Federal, state and local law enforcement will continue our work to investigate and prosecute individuals such as Clinton who prey on the most vulnerable in our community.”  

The investigation was conducted by the Department of Homeland Security Investigations, the Federal Bureau of Investigation, the Sioux Falls Police Department, the Minnehaha County Sheriff's Office, and the South Dakota Division of Criminal Investigation. Assistant United States Attorneys Kevin Koliner and Jeff Clapper prosecuted the case.

The defendant was remanded to the custody of the U.S. Marshal.

United States Attorney Brendan V. Johnson announced that a Box Elder, South Dakota, man has been indicted by a federal grand jury for allegedly attempting to use a computer attached to the Internet to transfer obscene matter and to entice a female under the age of 16 to engage in criminal sexual conduct between March 28 and April 5, 2013.

Craig Joshua Weires, age 23, was indicted by a federal grand jury on July 23, 2013, for attempted enticement of a minor using the Internet and attempted transfer of obscene material to a minor.  Weires appeared before U.S. Magistrate Judge Veronica L. Duffy on August 15, 2013, and pleaded not guilty to the indictment.  The maximum penalty upon conviction is life imprisonment and a $250,000 fine.  The charges are merely accusations and Weires is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Rapid City Police Department, Pennington County Sheriff's Office, South Dakota Division of Criminal Investigation, Office of Special Investigations from Ellsworth Air Force Base, and Federal Bureau of Investigation.  Assistant U.S. Attorney Sarah Collins is prosecuting the case.   Weires was remanded to the custody of the U.S. Marshal.  A trial date has not yet been set.

First Assistant United States Attorney Randy J. Seiler announced that an Aberdeen, South Dakota, man has been indicted by a federal grand jury for three counts of false crop insurance claims.

Nickolas Berbos, a/k/a Nikolas Berbos, age 52, was indicted by a federal grand jury on August 20, 2013.  He appeared before U.S. Magistrate Judge William D. Gerdes on August 22, 2013, and pled not guilty to the indictment. The maximum penalty upon conviction on each count is up to 30 years in custody, a $1,000,000 fine, or both; 5 years of supervised release; and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

For each of the years 2009, 2010 and 2011, Berbos allegedly made false statements and false reports by over-valuing land, property and securities for the purpose of influencing the Federal Crop Insurance Corporation, in that he submitted one or more claims for prevented planting indemnity payments knowing he was ineligible for such payment.

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

The investigation is being conducted by the U.S. Department of Agriculture.  Assistant U.S. Attorney Ann M. Hendrickson is prosecuting the case.   

Berbos was released pending trial.  A trial date has not been set.

United States Attorney Brendan V. Johnson announced that Myra Ree, a/k/a Myra Iron Shell, age 24, of Rosebud, South Dakota, appeared before U.S. District Judge Roberto A. Lange on August 22, 2013, and pled guilty to Assault by Striking, Beating and Wounding and Simple Assault. 

The maximum penalty upon conviction is 6 months in custody, a $5,000 fine, or both; and $10 to the Federal Crime Victims Fund.

The conviction stems from an incident that took place on January 28, 2013, when a fight ensued between Ree and the victim.  Ree struck the victim and bit him on the arm, wounding him.

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

A sentencing date was set for September 5, 2013.  Ree was released on bond pending sentencing.

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

Malcolm Andrews, age 19, was indicted on July 17, 2013, for Assaulting, Resisting and Impeding a Federal Officer.  Andrews appeared before U.S. Magistrate Judge Mark A. Moreno on August 22, 2013, and pled not guilty to the Indictment. 

The maximum penalty upon conviction is 20 years of imprisonment, a $250,000 fine, or both; 3 years of supervised release and 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 Andrews is presumed innocent until and unless proven guilty.

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

Andrews was released on bond pending trial which has been set for October 22, 2013.

United States Attorney Brendan V. Johnson announced that Cayleb Louis Young, age 23, and Kenneth Morales-Scott, Jr., age 24, both of Rapid City, South Dakota, were sentenced on August 19 and 20, 2013, respectively, by U.S. District Judge Roberto A. Lange, for Possession with Intent to Distribute Marijuana.

Morales-Scott was sentenced to 1 month of imprisonment, followed by 5 months of home confinement, and 2 years of supervised release.  He also forfeited a 1997 BMW.

Young was sentenced to 2 years of probation.  Additionally, Morales-Scott and Young were each fined $1,000 and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Morales-Scott and Young were indicted by a federal grand jury on March 13, 2013.  Each pled guilty to Possession with Intent to Distribute a Controlled Substance on June 4, 2013.

On November 17, 2012, Morales-Scott and Young traveled from Rapid City to California.  The purpose of the trip was for Morales-Scott to pick up a large quantity of marijuana, over 10 pounds, to deliver to an individual in Wisconsin.  Before they left California, Morales-Scott informed Young of the nature of the trip.  Young agreed to assist in the transportation and delivery of the marijuana in exchange for a portion of the proceeds.  

On November 20, 2012, the South Dakota Highway Patrol performed a traffic stop on Interstate 90 near Draper that involved a BMW driven by Morales-Scott, with Young as the passenger.  During the course of the traffic stop, the trooper conducted a vehicle search and found a large black bag in the trunk of the vehicle which held several vacuum sealed bags that contained high quality marijuana.

The Northern Plains Safe Trails Drug Enforcement Task Force, the South Dakota Division of Criminal Investigation, and the South Dakota Highway Patrol conducted the investigation.  Assistant U.S. Attorney Jay Miller prosecuted the case.

Morales-Scott will report to the U.S. Marshals Service in Rapid City on August 30, 2013, to begin serving his sentence.

United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota, man has been indicted for Dealing in Counterfeit Securities and Possession of Counterfeit Securities, and a Chicago, Illinois, man was indicted for Possession of Counterfeit Securities.

Charles Earl Davis, a/k/a “Feno,” age 26, of Sioux Falls, and Travis Cornelius Maberry, a/k/a “Cozo”,” age 27, of Chicago, Illinois, were indicted by a federal grand jury on August 13, 2013.  Both men appeared before U.S. Magistrate Judge John E. Simko on August 20, 2013, and pled not guilty to the indictment.

The maximum penalty upon conviction is up to 20 years in custody, a $250,000 fine, or both; 5 years of supervised release; and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charges are merely accusations and both men are presumed innocent until and unless proven guilty.
 
The investigation is being conducted by the Sioux Falls Police Department and the U.S. Secret Service.  Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case. 
  
Davis and Maberry were 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 Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Distribution and Receipt of Material Involving the Sexual Exploitation of Minors and Possession of Child Pornography.

Avugwi Alvarez, age 22, was indicted by a federal grand jury on June 12, 2013.  He appeared before U.S. Magistrate Judge Mark A. Moreno on August 20, 2013, and pled not guilty to the Indictment.

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

The charges relate to allegations that, between approximately November 1, 2012, to January 7, 2013, Alvarez used the internet to distribute visual depictions of minors engaged in sexually explicit conduct.  He also possessed images of child pornography.

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

The investigation is being conducted by the Federal Bureau of Investigation, South Dakota Division of Criminal Investigation, South Dakota Internet Crimes Against Children Task Force, Rosebud Sioux Tribe Law Enforcement Services, Bureau of Indian Affairs, Pennington County Sheriff’s Office, Rapid City Police Department, Sioux Falls Police Department and the U.S. Marshals Service.  U.S. Attorney Brendan Johnson and Assistant U.S. Attorneys Tim Maher and Sarah Collins are prosecuting the case.

Alvarez 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 Richard Johnson, age 49, of Lower Brule, South Dakota, appeared before U.S. District Judge Roberto A. Lange on August 19, 2013, and pled guilty to the Indictment that charged him with Abusive Sexual Contact of a Minor. 

The maximum penalty upon conviction is any term of years up to life of imprisonment, a $250,000 fine, or both; a mandatory minimum term of 5 years of supervised release and an additional 5 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 that happened between April 30, 2012 and August 19, 2012, when the victim, who had not attained the age of 12 years, was living in a relative’s home in West Brule, South Dakota.  The victim was in bed one night wearing a nightgown, and Johnson knowingly engaged in, and attempted to engage in, sexual contact with the victim.

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

Johnson was remanded to the custody of the U.S. Marshals Service pending sentencing which has been set for November 5, 2013.

United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota, woman has been indicted by a federal grand jury for Bank Fraud, Bank Embezzlement, Access Device Fraud, and Aggravated Identity Theft.

Terri Jo Huber, age 43, was indicted by a federal grand jury on August 13, 2013.  She appeared before U.S. Magistrate Judge John E. Simko on August 21, 2013, and pled not guilty to the Indictment.

The maximum penalty upon conviction is 30 years’ imprisonment, a $1,000,000 fine, or both; up to 5 years on supervised release, an additional 3 years of supervised release upon revocation; and $100 to the Federal Crime Victims Fund.  Restitution may also be ordered.

At the time of the alleged crimes, Huber was employed as an Escalation Specialist at the Citibank facility in Sioux Falls.  In that capacity, Huber had computer access to the account information of customers who had credit cards with Citibank.

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

The investigation is being conducted by the Sioux Falls Police Department and the U.S. Secret Service.  Assistant U.S. Attorney Dennis R. Holmes is prosecuting the case.  
 
Huber was released on bond pending trial.  A trial date has not been set.

United States Attorney Brendan V. Johnson announced that Joseph McGregor, age 31, of Box Elder, South Dakota, appeared before U.S. District Judge Roberto A. Lange on August 20, 2013, and pled guilty to the Indictment that charged him with Possession with Intent to Distribute a Controlled Substance.

The maximum penalty upon conviction is not more than 5 years of imprisonment, a $250,000 fine, or both; at least 2 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 that took place on the Rosebud reservation on March 24, 2013, wherein Rosebud Sioux Tribe Law Enforcement (RSTLE) initiated a traffic stop on a vehicle operated by McGregor due to a   headlight being out.  While the officer ran a license status on McGregor, another RSTLE officer arrived on scene and eventually deployed his narcotics detection dog, who indicated on McGregor’s vehicle.  Law enforcement searched McGregor’s vehicle and found three bags containing a green leafy substance, a scale, a smaller bag containing a green leafy substance, a grinder, two hand-rolled cigarettes with an odor of marihuana, a roach clip, two packs of rolling papers, and a cigarette rolled.  The three bags of the green leafy substance were sent to the lab and confirmed to be marijuana, with a total weight of 1.3596 kilograms.

The investigation was conducted by Rosebud Sioux Tribe Law Enforcement, Northern Plains Safe Trails Drug Enforcement Task Force, and the Federal Bureau of Investigation.  Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.

McGregor was released on bond pending sentencing which has been set for November 6, 2013.

United States Attorney Brendan V. Johnson announced that an Alabaster, Alabama, man has been indicted by a federal grand jury for Felon in Possession of a Firearm, Impersonating a Federal Officer, and Interstate Stalking.

Michael Thetford, age 36, was indicted by a federal grand jury on December 14, 2011. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 21, 2013, and pled not guilty to the Indictment.

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

The charges relate to incidents that occurred in May 2010 when Thetford came from Alabama to South Dakota and harassed and surveilled a married couple from Hughes County.  During this time of harassment, he wrongfully represented himself as a Federal Bureau of Investigation (FBI) agent, and provided the couple with a fake name and FBI credentials.  He also possessed and wore a handgun during his exchanges with the victims.  Prior to May 2010, Thetford had been convicted of other felony offenses and was prohibited from possessing a firearm. 

The charges are merely an accusation and Thetford is presumed innocent until and unless proven guilty.
 
The investigation is being conducted by the FBI, South Dakota Division of Criminal Investigations, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Assistant U.S. Attorney Tim Maher is prosecuting the case.   

Thetford 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 Lander, Wyoming, man has been indicted by a federal grand jury for allegedly failing to register as a convicted sex offender between August 1, 2012, and October 31, 2012, in South Dakota.

Edward Dailey, a/k/a Edward Olmstead, age 43, was indicted on February 20, 2013, for Failure to Register as a Sex Offender.  Dailey appeared before U.S. Magistrate Judge Veronica L. Duffy on August 19, 2013, and pled not guilty to the Indictment. 

The maximum penalty upon conviction is 10 years of imprisonment and a $250,000 fine.  The charge is merely an accusation and Dailey is presumed innocent until and unless proven guilty.

The investigation is being conducted by the U.S. Marshals Service.          

Dailey 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 Anna Mae Rowland, age 25, of Wounded Knee, South Dakota, appeared before U.S. Magistrate Judge Veronica L. Duffy on August 14, 2013, and pled guilty to Escape from Custody. 

The maximum penalty upon conviction is 5 years of imprisonment and a $250,000 fine.

On August 23, 2012, Rowland failed to report to Community Alternatives of the Black Hills where she was to commence serving her sentence for a federal felony.

The investigation was conducted by the U.S. Marshals Service.  The case is being prosecuted by Assistant U.S. Attorney Wayne Venhuizen.

A presentence investigation was ordered and a sentencing date will be scheduled.  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 conspiracy to distribute between 50 and 100 kilograms of marijuana was sentenced on August 19, 2013, by U.S. District Judge Roberto A. Lange.

Alfred Eagle Deer, Jr., a/k/a Alfred Eagle Deer, age 31, was sentenced to 28 months of custody, 3 years of supervised release, a $1,000 fine, and a $100 special assessment to the Federal Crime Victims Fund.

Eagle Deer was indicted by a federal grand jury on August 29, 2012, and pled guilty to a Superseding Information on May 29, 2013, that charged him with Conspiracy to Distribute a Controlled Substance, 50-100 kilograms of marijuana.

Between October 2008 and August 2012, Abraham Romero-Perez obtained between 60 and 80 kilograms (132.28 to 176.37 pounds) of marijuana that had been transported into South Dakota.  Romero-Perez then sold or fronted (a term for loaning controlled substance to an individual with the intent that the supplier will be paid for the substance after it has been sold) pound quantities of marijuana to other persons, including Gloria Barrera, Andrea Barrera, Joe Buck Colombe, and Jo Ann White Buffalo, knowing that they intended to further distribute the marijuana in South Dakota.  Phillip Stands and Eagle Deer assisted the Barreras in redistributing the marijuana. Eagle Deer was fronted quantities of marijuana ranging from one ounce and upwards.      

Previously, as part of this same narcotics trafficking conspiracy, Gloria Barrera, Andrea Barrera, Romero-Perez, and Stands were all sentenced.  Colombe will be sentenced on October 7, 2013, and White Buffalo will be sentenced on October 21, 2013. 

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

United States Attorney Brendan V. Johnson announced that Eldon Ray Tobacco, age 26, of Oglala, South Dakota, appeared before U.S. Magistrate Veronica L. Duffy on August 16, 2013, and pled guilty to Destruction of Government Property. 

The maximum penalty upon conviction is 1 year imprisonment and a $100,000 fine.

The charge relates to Tobacco throwing a rock at the windshield of a 2010 Ford Expedition belonging to the U.S. General Services Administration  and leased to the Oglala Sioux Tribe Department of Public Safety.  The incident happened between March 27 and 28, 2011.  The rock caused enough damage that the windshield had to be replaced. 

The investigation was conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.  The case is being prosecuted by Assistant U.S. Attorney Wayne Venhuizen.

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

United States Attorney Brendan V. Johnson announced that Stephanie Vandervier, age 28, of Timber Lake, South Dakota, appeared before U.S. District Judge Roberto A. Lange on August 19, 2013, and pled guilty to a Superseding Information that charged her with Misprision of a Felony.

The maximum penalty upon conviction is 3 years in custody, a $250,000 fine, or both; 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, South Dakota.  Vandervier had knowledge of the burglary, provided transportation to her co-defendant from the scene of the burglary, and concealed the same from tribal and federal law enforcement officers.  She 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 Stephanie Vandervier, age 28, of Timber Lake, South Dakota, appeared before U.S. District Judge Roberto A. Lange on August 19, 2013, and pled guilty to a Superseding Information that charged her with Misprision of a Felony.

The maximum penalty upon conviction is 3 years in custody, a $250,000 fine, or both; 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, South Dakota.  Vandervier had knowledge of the burglary, provided transportation to her co-defendant from the scene of the burglary, and concealed the same from tribal and federal law enforcement officers.  She 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 a Rosebud, South Dakota, man convicted of Abusive Sexual Contact was sentenced on August 19, 2013, by U.S. District Judge Roberto A. Lange. 

Laun Leroy McCloskey, age 19, was sentenced to 37 months in custody, 8 years of supervised release, and $100 to the Federal Crime Victims Fund.

McCloskey was indicted by a federal grand jury on April 2, 2013, and pled guilty to the charge on April 30, 2013.

The conviction stems from an incident that took place on March 16, 2013, when McCloskey had sexual contact with a minor.

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

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

United States Attorney Brendan V. Johnson announced that Ricardo Avila, age 53, of North Dakota, appeared before U.S. District Judge Roberto A. Lange on August 19, 2013, and pled guilty to Count I of the Indictment that charged him with Distribution of a Controlled Substance. 

The maximum penalty upon conviction is 20 years of imprisonment, a $1,000,000 fine, or both; at least 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. 

An undercover officer connected with the Northern Plains Safe Trails Drug Enforcement Task Force was introduced to Avila and arranged a purchase of cocaine from him.  On April 12, 2012, Avila delivered to the undercover officer a substance that testing confirmed was 28.3 grams of powder cocaine, a Schedule II controlled substance. 

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. 

Avila was remanded to the custody of the U.S. Marshals Service pending sentencing, which has been set for November 18, 2013.

United States Attorney Brendan V. Johnson announced that a Los Angeles, California, man has been indicted by a federal grand jury for Transportation for Prostitution, Inducing Travel to Engage in Prostitution, and Sex Trafficking.

Joe Charles Becker, a/k/a “Moses,” age 32, was indicted by a federal grand jury on August 13, 2013.  He appeared before U.S. Magistrate Judge John E. Simko on August 19, 2013, and pled not guilty to the indictment.

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

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

In early August 2013, Becker allegedly transported the victim from Minnesota to Sioux Falls, South Dakota, with the intent that the victim would engage in prostitution and sexual activity for Becker’s financial benefit.

The investigation is being conducted by the Sioux Falls Police Department and the Federal Bureau of Investigation.  Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.   

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

United States Attorney Brendan V. Johnson announced that Jo Ann White Buffalo, age 48, of White River, South Dakota, appeared before U.S. District Judge Roberto A. Lange on August 12, 2013, and pled guilty to a Superseding Information that charged her with conspiracy to distribute between 50 and 100 kilograms of marijuana.

Previously, as part of this same narcotics trafficking conspiracy, Phillip Stands, age 50, of Rosebud, Alfred Eagle Deer, Jr., a/k/a Alfred Eagle Deer, age 31, of Rosebud, and Joe Buck Colombe, age 34, of Mission, pled guilty to the same charge.

The maximum penalty upon conviction for White Buffalo and Eagle Deer is 20 years in custody, a $1,000,000 fine, or both; at least 3 years of supervised release; and a $100 assessment to the Federal Crime Victims Fund.  The maximum penalty upon conviction for Colombe is 30 years in custody, a $2,000,000 fine, or both; at least 6 years of supervised release; and a $100 assessment to the Federal Crime Victims Fund.  
         
Between October 2008 and August 2012, Abraham Romero-Perez obtained between 60 and 80 kilograms (132.28 to 176.37 pounds) of marijuana that had been transported into South Dakota.  Romero-Perez then sold or “fronted” (a term for loaning controlled substance to an individual with the intent that the supplier will be paid for the substance after it has been sold) pound quantities of marijuana to other persons, including Gloria Barrera, Andrea Barrera, Colombe, and White Buffalo, knowing that they intended to further distribute the marijuana in South Dakota.  Stands, and later Eagle Deer, assisted Gloria Barrera in redistributing the marijuana by helping her break pound quantities of marijuana into smaller quantities, and distributing some of it to marijuana users.  Eagle Deer was fronted quantities of marijuana ranging from one ounce and upwards. 
      
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force.  The cases are being prosecuted by Assistant U.S. Attorney Jay Miller. 

Presentence investigations were ordered, and sentencing dates were set for August 19, 2013, for Eagle Deer; October 7, 2013, for Colombe; and October 21, 2013, for White Buffalo.  Stands was previously sentenced on August 12, 2013.

White Buffalo, Colombe, and Eagle Deer were released on bond pending sentencing.

United States Attorney Brendan V. Johnson announced that five men from South Dakota and one man from Minnesota, convicted of Unlawful Taking of Migratory Birds and Lacey Act Violations, were sentenced by U.S. Magistrate Judge John E. Simko on August 19, 2013.

Eight men were originally charged in this case, with one sentence handed down on July 15, 2013, and the remaining sentence scheduled for August 28, 2013.

The individuals sentenced today include:

• Jaron Anderson, age 22, of Brookings, South Dakota, was sentenced to 3 years of probation; a $200 fine; $4,875 in restitution; and a $25 special assessment to the Federal Crime Victims Fund. Anderson’s hunting privileges are revoked for a period of 3 years.

• Aaron Eich, age 29, of Sioux Falls, South Dakota, was sentenced to 2 years of probation; a $200 fine; $4,875 in restitution; and a $25 special assessment to the Federal Crime Victims Fund. Eich’s hunting privileges are revoked for a period of 2 years.

• Christopher Paclik, age 22, of Brookings, South Dakota, was sentenced to 1 year of probation; a $200 fine; $4,050 in restitution; and a $25 special assessment to the Federal Crime Victims Fund. Paclik’s hunting privileges are revoked for a period of 1 year.

• Austin Lueck, age 21, of Lake Benton, Minnesota, was sentenced to probation until January 13, 2015; a $200 fine; $3,750 in restitution; and a $25 special assessment to the Federal Crime Victims Fund. Lueck’s hunting privileges will be revoked for 1 year starting on January 13, 2014.

• Scott Nenaber, age 33, of Alpena, South Dakota, was sentenced to 1 year of probation; a $200 fine; $2,175 in restitution; and a $25 special assessment to the Federal Crime Victims Fund. Nenaber’s hunting privileges are revoked for a period of 1 year.

• Ben Burgess, age 30, of Sioux Falls, South Dakota, was sentenced to 1 year of probation; a $200 fine; $825 in restitution; and a $25 special assessment to the Federal Crime Victims Fund. Burgess’ hunting privileges are revoked for a period of 1 year.

Nicholas Connor, age 21, of Winfred, South Dakota, will be sentenced on August 28, 2013.

Travis Vacek, age 34, of Sioux Falls, South Dakota, previously pled guilty to Unlawful Taking of Migratory Birds and a Lacey Act Violation, and was sentenced on July 15, 2013, to 1 year of probation; a $200 fine; $1,350 in restitution; and a $25 special assessment to the Federal Crime Victims Fund. Vacek’s hunting privileges are revoked for a period of 1 year.

The charges stem from a case wherein Anderson, Burgess, Connor, Eich, Lueck, Nenaber, Paclik and Vacek, a group of friends known as “Team Those Guys,” hunted between November 24, 2012 and November 29, 2012 in Miner County, South Dakota. In total, the hunters illegally killed 417 geese and 6 Canada geese using an electronic device. They all admitted they knew it was illegal to use said device while goose hunting during that time of year. After killing the geese, they were transported from the field to various locations in violation of federal law.

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

United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of Felon in Possession of a Firearm was sentenced on August 14, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court. 

Daniel Thomas, age 31, was sentenced to 46 months of imprisonment, 2 years of supervised release, and was ordered to pay $100 to the Federal Crime Victims Fund.

On July 23, 2012, at Red Shirt, South Dakota, Thomas went to a residence with a .38 caliber Colt Cobra revolver, and when the person in the house got to the door, Thomas displayed the gun in his hand and asked where his “stuff” was.  On that same date, Thomas kicked another individual and pointed the gun at that person.  Thomas is prohibited from possessing firearms based on previous felony convictions, including possession of heroin, manufacturing or delivering a controlled substance, and taking a motor vehicle without permission.

United States Attorney Brendan V. Johnson announced that Brandis Rose Rose, age 37, from Pierre, South Dakota, appeared before U.S. District Judge Roberto A. Lange on August 14, 2013, and pled guilty to Theft of Government Funds.

The maximum penalty upon conviction is 10 years in custody, a $250,000 fine, or both; 3 years of supervised release; restitution; and $100 to the Federal Crime Victims Fund.

The conviction stems from incidents that occurred when Rose embezzled, stole, purloined or knowingly converted to her own use over $8,000 in Old Age, Survivors, and Disability Insurance (OASDI) and Supplemental Security Income (SSI) program funds to which she was not entitled.

South Dakota CARES (SD CARES) is a Social Security Administration (SSA) approved fee-for-service organizational payee that serves Social Security and SSI beneficiaries in South Dakota.  Rose was an employee of SD CARES from July 6 through November 16, 2009.  During that time, Rose handled the accounts for 14 beneficiaries that were under her care and control.          

SD CARES became concerned about the possibility of misappropriated funds in February 2010 and reported it to the SSA District Office in Huron.  The SSA Office of Inspector General conducted an audit and interviewed the 14 beneficiaries under Rose’s care and control.  They determined that Rose misappropriated $8,718.08 and converted it to her own use.

The investigation was conducted by the SSA Office of the Inspector General.  The case is being prosecuted by Assistant U.S. Attorney Jay Miller.

A presentence investigation was ordered and a sentencing date was set for October 28, 2013.  Rose was released on bond pending sentencing.

United States Attorney Brendan V. Johnson announced that a Mobridge, South Dakota, man has been charged by Criminal Complaint for Failure to Register as a Sex Offender.

Troy Justin Plenty Chief, age 31, was charged on August 8, 2013, and appeared before U.S. Magistrate Judge William D. Gerdes on August 15, 2013, and pled not guilty to the Complaint. 

The maximum penalty upon conviction is up to 10 years of imprisonment, a $250,000 fine, a mandatory minimum term of 5 years of supervised release, an additional mandatory minimum of 5 years up to life 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 Plenty Chief is presumed innocent until and unless proven guilty.

The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Troy R. Morley is prosecuting the case. 

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