District of South Dakota

United States Attorney Brendan V. Johnson announced that David Flute III, age 23, of Sioux Falls, South Dakota, appeared before U.S. District Judge Roberto A. Lange on August 13, 2013, and pled guilty to Failure to Register as a Sex Offender.  This was Flute’s second conviction for failure to register. 
         
The maximum penalty upon conviction is 10 years of imprisonment, a $250,000 fine, or both; at least 5 years of supervised release, with a violation of a condition of release possibly resulting in 2 years of additional incarceration on any such revocation; a mandatory $100 special assessment to the Federal Crime Victims Fund; and restitution may also be ordered.  If Flute commits a new felony violation of sexual abuse, sexual exploitation and other abuse of children, transportation for illegal sexual activity and related crimes, kidnapping or sex trafficking of children by force, fraud or coercion while on supervised release, he may be incarcerated for a mandatory minimum term of 5 years up to life for each violation.

Flute was previously convicted of Aggravated Sexual Abuse of a Child, which required him to register as a sex offender for life in the State of South Dakota.
 
On November 18, 2011, Flute was convicted of Failure to Register as a Sex Offender in U.S. District Court, District of South Dakota.  Following his release from custody, he signed registration documents and updated his registration, as required by law.  On April 10, 2013, Flute was terminated from his apartment and moved to another location.  Between April 13, 2013 and May 17, 2013, Flute, did knowingly fail to register and update his registration as required by law, leading to his second conviction. 
         
The investigation was being conducted by the U.S. Marshals Service.  Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case. 
         
Flute was remanded to the custody of the U.S. Marshals Service pending sentencing which has been set for October 9, 2013.

United States Attorney Brendan V. Johnson announced that a Box Elder, South Dakota, man convicted of Failure to Register was sentenced on August 13, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court. 

Seth Peter Between Lodges, age 31, was sentenced to 12 months and 1 day of imprisonment, 5 years of supervised release, and was ordered to pay $100 to the Federal Crime Victims Fund.

From July 24, 2012, to November 19, 2012, Between Lodges failed to update his sexual offender registration as required.  He pled guilty on March 28, 2013.

This case was investigated by the U.S. Marshals Service.  Assistant U.S. Attorney Sarah B. Collins prosecuted the case.        

United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man convicted of Lacey Act Violations was sentenced on August 12, 2013, by U.S. District Judge Charles B. Kornmann.           

Jeffrey Volk, age 43, was sentenced to 3 years of unsupervised probation, $2,000 in restitution, $1,000 fine with $750 due at sentencing, and a $25 special assessment to the Federal Crime Victims Fund. Volk’s hunting privileges were also revoked for 3 years.

Volk was charged by an Information on February 14, 2013, and pled guilty to said Information on May 9, 2013. 

The charge stems from an incident in November 2008 wherein Volk illegally shot and killed an 8x6 mule deer in North Dakota.  At the time Volk killed the deer, he knowingly did not have a North Dakota or a Standing Rock Sioux Tribe deer hunting license.  After illegally killing the deer, Volk transported it into South Dakota in violation of state and federal laws. Volk also admitted to killing one other deer in North Dakota and transporting it into South Dakota.

United States Attorney Brendan V. Johnson announced that a Sioux City, Iowa, man convicted of Kidnapping and Brandishing a Firearm During a Crime of Violence, and a Homeland, California, man convicted of Conspiracy to Distribute and Possess with Intent to Distribute a Controlled Substance, and Brandishing a Firearm During a Crime of Violence, were sentenced on August 12, 2013, by U.S. District Judge Charles B. Kornmann.

Marco Uribe, age 26, of Sioux City, Iowa, was sentenced to a total of 215 months of imprisonment, with the Court ordering that 131 months on the kidnapping charge and 84 months on the firearm charge be served consecutively; 5 years of supervised release on each count to be served concurrently; and a $200 special assessment to the Federal Crime Victims Fund.  The Court also ordered forfeiture of a 2003 Jaguar-XJ and 3 firearms.

Jose “Ivan” Garcia, age 26, of Homeland, California, was sentenced to a total of 130 months of imprisonment, with the Court ordering that 46 months on the conspiracy charge and 84 months on the firearm charge be served consecutively; 3 years of supervised release on each count to be served concurrently; and a $200 special assessment to the Federal Crime Victims Fund.

Uribe and Garcia were initially indicted by a federal grand jury on February 14, 2012. Uribe pled guilty on May 9, 2013, to a Superseding Indictment charging him with Kidnapping and Brandishing a Firearm During a Crime of Violence. Garcia pled guilty on May 20, 2013, to a Superseding Information charging him with Conspiracy to Distribute and Possess with Intent to Distribute a Controlled Substance and Brandishing a Firearm During a Crime of Violence.

In 2011, Uribe brought Garcia to South Dakota to become a leader within Uribe’s drug distribution operation.  In support of the conspiracy, Garcia hosted a party at his residence around December 23, 2011, where he provided cocaine to some of the people in attendance. At the party and elsewhere, Garcia supervised and recruited others to distribute cocaine. The drug quantity attributable to Garcia based on his role in the conspiracy was at least 50 but less than 100 grams of cocaine.

Following the party, Garcia’s trailer in Mobridge was burglarized and a large quantity of cocaine and methamphetamine and several thousand dollars in cash was stolen. Uribe, and others, kidnapped several individuals they suspected of the break-in and theft and took them to another location, where the victims were assaulted with shod feet and hit with firearms.  Uribe stuck his gun in one victim’s mouth while questioning him about the stolen drugs and cash.  The victims denied knowing anything about the thefts.  The actual burglars were later apprehended.

On or about December 27, 2011, Garcia and others, as part of their continuing efforts to discover who had broken into Garcia’s residence and stole the drugs, travelled to a residence in Wakpala, South Dakota.  When an occupant opened the door, Garcia pulled out a gun and asked for Dustin Swimmer.  The door was slammed in his face and he yelled for his “stuff” back. Garcia got back into his vehicle with the driver, and fired shots at the residence as they drove away.

Also charged in this case were 5 other defendants:

• Tim Stout, age 38, convicted of Conspiracy to Distribute and Possess with Intent to Distribute a Controlled Substance, was sentenced on September 17, 2012, to 151 months of custody and 3 years of supervised release.  
• Nathan Martin, age 31, convicted of Conspiracy to Distribute and Possess with Intent to Distribute a Controlled Substance, and Assault with a Dangerous Weapon, was sentenced on January 4, 2013, to 105 months of custody and 6 years of supervised release.  
• Amber Long Chase, age 33, convicted of Conspiracy to Distribute and Possess with Intent to Distribute a Controlled Substance, was  sentenced on January 4, 2013, to 105 months of custody and 6 years of supervised release.
• Anthony Brown Otter, age 25, convicted of Assault with a Dangerous Weapon and Brandishing a Firearm During a Crime of Violence, was sentenced on January 4, 2013, to 125 months of custody and 3 years of supervised release.
• Dustin Swimmer, age 27, convicted of Possession with Intent to Distribute a Controlled Substance, was sentenced on May 13, 2013, to 37 months of custody and 3 years of supervised release.

An eighth defendant, Andrew Kills Crow, age 22, is scheduled to be sentenced on October 7, 2013.  Kills Crow pled guilty on May 28, 2013, to two counts of Assault with a Dangerous Weapon.

The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force, Bureau of Indian Affairs, Mobridge Police Department, and the Federal Bureau of Investigation.  Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.

Uribe and Garcia were immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that Thomas Morgan, age 38, of Harrold, South Dakota, has pled guilty to an Information that charged him with Simple Assault and Assault by Striking, Beating and Wounding. 

Morgan was sentenced on August 13, 2013, by U.S. Magistrate Judge Mark A. Moreno to 6 months of imprisonment on each count to be served consecutively, for a total custody sentence of 12 months; $528 in restitution; and a $20 special assessment to the Federal Crime Victims Fund. 

The charges stem from an incident occurring on August 17, 2012, when several individuals ended up at Morgan’s home following a disagreement.  Additional arguments ensued and Morgan got into his car and hit the victim with his vehicle.  The victim hit the hood of Morgan’s car but was not seriously injured.

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

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

United States Attorney Brendan V. Johnson announced that Nicholas Ray White Eagle, age 26, and Fawn Lynn Scott, age 20, of La Plant, South Dakota, appeared before U.S. District Judge Roberto A. Lange on August 14, 2013, and pled guilty to the Indictment that charged them with Incest.

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

On or about April 10, 2011, first cousins White Eagle and Scott had consensual sexual intercourse that produced a child with a genetic disability. At the time of the sexual intercourse, White Eagle and Scott were not legally married and were within the degrees of consanguinity with each other, within which a marriage was void.

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

A presentence investigation was ordered, and a sentencing date was set for November 18, 2013. 

White Eagle and Scott were released to third party custodians pending sentencing.

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 13, 2013, by U.S. District Judge Roberto A. Lange. 

Terry Flying By, age 51, was sentenced to 3 months of imprisonment, 2 years of supervised release, a $1,000 fine, and a $100 special assessment to the Federal Crime Victims Fund.  The Court also ordered forfeiture of $8,377.68.

The charge stems from an incident in September 2012, wherein Cheyenne River law enforcement conducted a vehicle stop and learned from the driver that he had purchased marijuana from the Defendant’s residence in Eagle Butte.  After obtaining a search warrant, law enforcement searched the residence and found marijuana, along with grinders, rolling papers, snort tubes, scales, roaches, and cash.  Flying By admitted to the selling of marijuana in his home.

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

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

United States Attorney Brendan V. Johnson announced that Aadam Tiger, age 29, of Eagle Butte, South Dakota, appeared before U.S. District Judge Roberto A. Lange on August 13, 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 5 years of imprisonment, a $250,000 fine, or both; at least 2 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 December 2, 2011, wherein Cheyenne River Law Enforcement stopped the Defendant’s vehicle for a traffic violation, and the officer could smell marijuana coming from inside the vehicle.  The officer was given consent to search the vehicle and found marijuana, plastic baggies, a grinder, a scale, zig-zag papers, roaches, and $725.  Tiger had the intent to distribute some or all of the marijuana that was in his possession.

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

Tiger was released on bond pending sentencing which has been set for October 28, 2013.

United States Attorney Brendan V. Johnson announced that a Timber Lake, South Dakota, woman has been indicted by a federal grand jury for two counts of Wire Fraud.

Crystal Dawn Lind, age 45, was indicted by a federal grand jury on July 17, 2013.  She appeared before U.S. Magistrate Judge Mark A. Moreno on August 12, 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; 3 years of supervised release; and $100 special assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charges relate to an alleged incident in which Lind attempted, by wire fraud, to pre-date her son’s car insurance coverage so he could avoid paying for damages he caused to another vehicle, and to avoid a No Insurance citation that was issued to her son.

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

The investigation is being conducted by the Office of Attorney General, Division of Criminal Investigation.  Assistant U.S. Attorney Mikal Hanson is prosecuting the case.   

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

United States Attorney Brendan V. Johnson announced that a Sturgis, South Dakota, husband and wife were indicted by a federal grand jury for engaging in a scheme to submit employment petitions for foreign workers to the U.S. Department of Homeland Security and the U.S. Department of Labor in order to obtain temporary work visas for the workers.  The petitions contained false statements about fees collected from the workers.

Scott Kaubisch, age 50, and Shiela Kaubisch, a/k/a Maria Shiela Santos Kaubisch, age 53, were indicted on August 13, 2013, for Conspiracy to Commit an Offense or to Defraud the United States, Wire Fraud, False Swearing in an Immigration Matter, and False Statement.  Both Kaubisches appeared before U.S. Magistrate Judge Veronica L. Duffy in Rapid City on August 14, 2013, and pled not guilty to the indictment. 

The maximum penalty upon conviction is 20 years’ imprisonment and/or a $250,000.00 fine.  The charges are merely accusations and the Kaubisches are presumed innocent until and unless proven guilty.
 
The investigation is being conducted by the Department of Homeland Security – Homeland Security Investigations, the Department of State - Diplomatic Security Service, the U.S. Department of Labor, Office of Inspector General - Office of Labor Racketeering and Fraud Investigation, and the U.S. Citizenship and Immigration Services – Fraud Detection and National Security.  Assistant U.S. Attorney Sarah B. Collins is prosecuting the case. 

United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man convicted of Conspiracy to Distribute Marijuana and Possession of Methamphetamine in two different cases, was sentenced on August 12, 2013, by U.S. District Judge Roberto A. Lange.

Phillip Stands, age 50, was sentenced to 44 months of custody, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund for conspiracy to distribute between 50 and 100 kilograms of marijuana.  He was sentenced to an additional 6 months of custody, a $1,000 fine, and a $25 special assessment to the Federal Crime Victims Fund for possession of methamphetamine.  The two sentences are to be served consecutively.

Stands was indicted on August 29, 2012, for three counts of conspiracy to distribute methamphetamine, cocaine and marijuana.  He pled guilty to a Superseding Information in May 2013 charging him with one count of conspiracy to distribute marijuana.  The conspiracy conviction arose from incidents that occurred in Todd County beginning in October 2008 and continuing to August 2012, when Stands conspired to distribute between 50 and 100 kilograms of marijuana.

Regarding the possession conviction, Stands was indicted by a federal grand jury on August 22, 2012, for two counts of possession with intent to distribute methamphetamine.  He pled guilty to a Superseding Information charging him with possession of methamphetamine in May 2013.  The conviction in this case stems from an incident in March 2012 when law enforcement discovered a small amount of methamphetamine on Stands.

The investigations were conducted by the Northern Plains Safe Trails Drug Enforcement Task Force and Rosebud Sioux Tribe Law Enforcement.  The cases were prosecuted by Assistant U.S. Attorneys Kathryn N. Rich and Jay Miller.

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

United States Attorney Brendan V. Johnson announced that Ricky Eagle Elk, age 45, of Rosebud, South Dakota, appeared before U.S. District Judge Roberto A. Lange on August 14, 2013, and pled guilty to Sexual Abuse. 

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

The conviction stems from an incident that took place on August 27, 2012, when Eagle Elk performed an act of sexual penetration with the victim when the victim was not capable of consent.

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 4, 2013.  The defendant was remanded to the custody of the U.S. Marshals Service pending sentencing.

United States Attorney Brendan V. Johnson announced that a Winnebago, Nebraska, man convicted of Assault by Striking, Beating and Wounding was sentenced on August 13, 2013, by U.S. Magistrate Judge Mark A. Moreno.

Lawrence Bassette, age 28, was sentenced to 6 months of imprisonment and a $10 special assessment to the Federal Crime Victims Fund. 

Bassette was indicted by a federal grand jury in March of 2013.  He pled guilty to an Information on August 13, 2013, immediately prior to sentencing. 

The conviction stems from an incident on January 30, 2013, when Bassette assaulted the victim at the Lower Brule jail, where both of them were prisoners.  The victim and Bassette were arguing and began to fight, during which time Bassette stuck his finger into the victim’s eye and put the victim into a headlock.  When the victim tried to break the headlock, Bassette threw the victim onto the ground, causing him to hit his head on the concrete. 

The victim sustained a laceration to the top of his head, as well as injury to his eye.

The investigation was conducted by the Bureau of Indian Affairs, Lower Brule Agency.  Assistant U.S. Attorney Troy Morley prosecuted the case. 

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

United States Attorney Brendan V. Johnson announced that Shaun Sporrer, age 41, of Murdo, South Dakota, appeared before U.S. District Judge Roberto A. Lange on August 13, 2013, and pled guilty to the Indictment that charged him with Possession of a Firearm by a Prohibited Person.

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

The charge stems from an incident on March 1, 2013, when Sporrer pulled a revolver on a neighbor. Since he was previously convicted of a domestic violence offense, Sporrer is prohibited from owning firearms.     

The investigation was conducted by the Jones County Sheriff’s Office; the Bureau of Alcohol, Tobacco, Firearms and Explosives; and the Northern Plains Safe Trails Drug Enforcement Task Force.  The case is being prosecuted by Assistant U.S. Attorney Jay Miller. 
         
A presentence investigation was ordered, and a sentencing date was set for November 4, 2013.

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

United States Attorney Brendan V. Johnson announced that John Maynard, a 51-year-old non-Indian man from Eagle Butte, South Dakota, pled guilty to Simple Assault and was sentenced on August 13, 2013, by U.S. Magistrate Judge Mark A. Moreno.

Maynard was sentenced to 6 months in custody and a $10 assessment to the Federal Crime Victims Fund.

The conviction relates to a July 2013 incident in which Maynard committed a simple assault upon a Native American woman by hitting her with a closed fist at her residence in Eagle Butte.

The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Division and the Ziebach County Sheriff’s Office.  Assistant U.S. Attorney Mikal Hanson prosecuted the case. 

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

United States Attorney Brendan V. Johnson announced that Bevan Ray Bordeaux, a 26-year-old man from Eagle Butte, South Dakota, pled guilty to two charges of Assault by Striking, Beating and Wounding and was sentenced on August 12, 2013, by U.S. Magistrate Judge Mark A. Moreno.

Bordeaux was sentenced to one year of custody, $79.20 in restitution, and a $20 assessment to the Federal Crime Victims Fund.

The conviction arose from an incident on December 28, 2012, when the Defendant’s wife got into a verbal argument with the victim at an Eagle Butte bar.  The Defendant then approached the victim and joined in the argument, which escalated and resulted in Bordeaux striking the victim and knocking him to the floor.  Following the initial assault, Bordeaux unlawfully struck the victim a second time when he was on the floor of the bar.

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

Bordeaux 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 Bullhead, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on August 12, 2013, by U.S. District Judge Charles B. Kornmann.         

Morgan Bagola, age 21, was sentenced to 18 months of imprisonment, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. 

Bagola was indicted by a federal grand jury on September 19, 2012.  He pled guilty to the above charge on April 29, 2013. 

The charge stems from an incident wherein Bagola, on or about December 11, 2011, used a bat to break several windows of a home.  Bagola then fought with one of the other persons present.  As a result of the struggle and Bagola’s use of the bat, the victim suffered serious bodily injury, including a broken ankle, laceration on his head, and a large welt on his back.

The investigation was conducted by the Bureau of Indian Affairs, Standing Rock Agency, and the Federal Bureau of Investigation.  Assistant U.S. Attorney Kathryn N. Rich prosecuted the case. 

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

United States Attorney Brendan V. Johnson announced that nine men have been arrested and federally indicted as a result of a sex trafficking undercover operation conducted during the 2013 Sturgis Motorcycle Rally, which ended August 11.  All nine men were indicted for Commercial Sex Trafficking. 

The arrests were a result of investigations by the South Dakota Internet Crimes Against Children Task Force.  All of the defendants allegedly negotiated with law enforcement agents posing as pimps, and agreed to pay for sex with underage girls, ranging from 12-15 years of age.   

Five of the defendants are from South Dakota, and four are from out-of-state.   

• Jerry Lane Golliher, age 31, of Rapid City, South Dakota.

• Eric D. Murphy, age 27, of Rapid City, South Dakota.

• John Miller, age 24, of Rapid City, South Dakota.
  
  
• Michael Francis Fox Jr., age 43, of Owings Mills, Maryland.

• Scott B. Falk, age 29, of Kenai, Alaska.

• Timothy Charles Gravens, age 54, of Grapevine, Texas.

• Miguel Angel Aguilar, age 19, of Brighton, Colorado.

• James Eugene Larive Jr., age 42, of Belle Fourche, South Dakota.

• Curtis Ray Austin, age 20, of Rapid City, South Dakota.
  

Falk, Fox, Gravens, and Aguilar are in the custody of the U.S. Marshals Service and are scheduled to make an initial appearance before a United States Magistrate Judge in Rapid City on August 14, 2013.  The remaining defendants will be taken into federal custody and will be making an initial appearance at a future date.

The crime of Commercial Sex Trafficking carries a mandatory minimum  sentence of 10-15 years in prison up to a life maximum, and/or a $250,000 fine.  The mandatory minimum prison sentence is determined by the age of the victim.

The charges are merely accusations and the defendants are presumed innocent until and unless proven guilty. 

The undercover operation and arrests were a joint effort between the South Dakota Division of Criminal Investigation, the Federal Bureau of Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s office.  Assistant U.S. Attorney Sarah Collins is prosecuting the cases. 

United States Attorney Brendan V. Johnson announced that a Kyle, South Dakota, man was indicted by a federal grand jury for assaulting an Oglala Sioux Tribe police officer.

Richard Red Owl, age 46, was indicted on July 23, 2013, for Assaulting a Federal Officer.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on August 12, 2013, and pled not guilty to the indictment.  Red Owl allegedly swung a tree branch at the officer, and then threw a knife at him.

The maximum penalty upon conviction is 20 years’ imprisonment and/or a $250,000 fine.  The charge is merely an accusation and Red Owl 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 two Hacienda Heights, California, residents have been indicted by a federal grand jury.

Sean Clark, age 47, and Devorah Lopez, age 50, d/b/a Glencoe CampResort II, were indicted by a federal grand jury on July 17, 2013, for Discharge of a Pollutant from a Point Source into a Water of the United States. The Indictment alleges that in both 2011 and 2012 the defendants discharged fill material into Bear Butte Creek. They appeared before U.S. Magistrate Veronica L. Duffy on August 12, 2013, and pled not guilty to the Indictment. 

The maximum penalty upon conviction is 3 years of imprisonment, not less than $5,000 nor more than $50,000 fine per day of violation, or both; 1 year of supervised release, an additional year of supervised release upon revocation; and a mandatory $100 each special assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.  The charge is merely an accusation, and Clark and Lopez are presumed innocent until and unless proven guilty.

The investigation is being conducted by the U.S. Environmental Protection Agency and Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case. 

Clark and Lopez were released on bond pending trial which has been set for October 15, 2013.

United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, woman has been indicted by a federal grand jury for Child Abuse.

Crystal Reeder, a/k/a Crystal Taylor, age 29, was indicted on June 12, 2013.  She appeared before U.S. Magistrate Judge Mark A. Moreno on August 5, 2013, and pled not guilty to the indictment.

The maximum penalty upon conviction is up to10 years in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 special assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charge relates to incidents that allegedly occurred in May of 2012 in Isabel, South Dakota, when Reeder allegedly committed child abuse upon the victim.

The charge is merely an accusation and Reeder 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.  
 
Reeder was released on conditions pending trial.  A trial date has been set for September 24, 2013.

United States Attorney Brendan V. Johnson announced that a Martin, South Dakota, man convicted of Sexual Abuse of a Minor was sentenced on August 2, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court. 

Edwin Johnson, age 62, was sentenced to 5 years of imprisonment, followed by 5 years of supervised release.  Johnson was also ordered to pay  $100 to the Federal Crime Victims Fund and $542.40 in restitution.

Johnson was indicted by a federal grand jury on November 19, 2012, and pled guilty to the charge on April 18, 2013.  

The charge relates to Johnson having sexual intercourse with a 15-year old girl over 50 times in Bennett County in 2010 and 2011. 

This case was investigated by the Martin Police Department, the South Dakota Division of Criminal Investigation, and the Federal Bureau of Investigation.

Johnson was immediately turned over to the custody of the U.S. Marshal.     

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

Joseph Anthony Little Star, age 19, was indicted on July 19, 2013.  He appeared before U.S. Magistrate Judge Mark A. Moreno on August 5, 2013, and pled not guilty to the Indictment.

The maximum penalty upon conviction is at least 10 years and up to life in custody, a $250,000 fine, or both; 5 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 incident that allegedly occurred in July 2013 in Eagle Butte when Little Star assaulted a victim under the age of 18 with shod feet and a metal bar, causing serious bodily injury. 

The charges are merely an accusation and Little Star 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.  
 
Little Star 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 Dupree, South Dakota, man convicted of First Degree Burglary and Simple Assault was sentenced on August 5, 2013, by U.S. District Judge Roberto A. Lange.

William Vandervier, age 26, was sentenced to 21 months of custody for First Degree Burglary and 6 months of custody for Simple Assault, to run concurrently; 3 years of supervised release; and $110 to the Federal Crime Victims Fund.

Vandervier was indicted by a federal grand jury on November 15, 2012, and pled guilty to First Degree Burglary and Simple Assault on May 15, 2013.

The conviction arose from an incident that occurred in November of 2011 in Dupree when Vandervier unlawfully entered an occupied structure during the night and assaulted an adult female victim with whom he previously had a relationship.

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

Vandervier 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 White River, South Dakota, man has been indicted by a federal grand jury for First Degree Burglary and Assault with a Dangerous Weapon.

Albert Kelly, age 50, was indicted on July 17, 2013.  He appeared before U.S. Magistrate Judge Mark A. Moreno on August 5, 2013, and pled not guilty to the Indictment.

The maximum penalty upon conviction is up to 25 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 charge is merely an accusation and Kelly 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.
   
Kelly was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for September 24, 2013.

United States Attorney Brendan V. Johnson announced that Kameron Jackson, age 20, of Rosebud, South Dakota, appeared before U.S. District Judge Roberto A. Lange on July 30, 2013, and pled guilty to Abusive Sexual Contact. 

The maximum penalty upon conviction is 2 years in custody, a $250,000 fine, or both; life of supervised release; and $100 to the Federal Crime Victims Fund.

The conviction stems from an incident that took place on January 4, 2013, when Jackson had sexual contact with the victim.

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 Tim Maher.

A presentence investigation was ordered and a sentencing date was set for October 7, 2013.  The defendant must self-report to the custody of the U.S. Marshals on September 24, 2013. 

United States Attorney Brendan V. Johnson announced that a Porcupine, South Dakota, woman was indicted by a federal grand jury on four counts of Sexual Abuse of a Minor.

Ardis Good Shot, age 39, was indicted on July 23, 2013.  She appeared before U.S. Magistrate Judge Veronica L. Duffy on July 29, 2013, and pled not guilty to the indictment. 

The maximum penalty upon conviction on each count is 15 years of imprisonment and a $250,000 fine.  The charge is merely an accusation and Good Shot is presumed innocent until and unless proven guilty. 

The investigation is being conducted by Bureau of Indian Affairs Office of Justice Services.  Special Assistant U.S. Attorney Laura A. Shattuck is prosecuting the case.
 
Good Shot was released on bond pending trial.  A trial date has not been set.

United States Attorney Brendan V. Johnson announced that a Parmalee, South Dakota, man was indicted by a federal grand jury for engaging in a sexual act with a woman who was unable to give permission.

Patrick Left Hand Bull, age 40, was indicted on July 23, 2013, for Abusive Sexual Contact.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on July 31, 2013, and pled not guilty to the indictment.
 
The maximum penalty upon conviction is 3 years’ imprisonment and/or a $250,000 fine.  The charge is merely an accusation and Left Hand Bull is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the U.S. Marshals Service.  Assistant U.S. Attorney Sarah Collins is prosecuting the case. 

Left Hand 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 Parmalee, South Dakota, man was indicted by a federal grand jury for not updating his sexual offender registration as required.

Richard Wolf Guts, age 28, was indicted on July 23, 2013, for Failure to Register as a Sex Offender.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on August 2, 2013, and pled not guilty to the indictment. 

The maximum penalty upon conviction is 10 years’ imprisonment and/or a $250,000 fine.  The charge is merely an accusation and Wolf Guts is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the U.S. Marshals Service.  Assistant U.S. Attorney Eric Kelderman is prosecuting the case. 

United States Attorney Brendan V. Johnson announced that Elizabeth Red Star-Benson, age 27, of Oglala, South Dakota, appeared before U.S. Magistrate Judge Veronica L. Duffy on August 2, 2013, and pled guilty to a charge of Involuntary Manslaughter. 

The maximum penalty upon conviction is 8 years’ imprisonment and/or a $250,000 fine.

On August 31, 2012, Red Star-Benson was driving under the influence, with a blood alcohol content of .261, and rolled her vehicle on BIA Hwy 27 near KILI radio station in Porcupine.  Her four-year old son, who was not properly restrained, was ejected from the vehicle and died at the scene from his traumatic injuries. 

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

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 Fort Yates, North Dakota, man has been indicted by a federal grand jury.

Cecil White Bull, age 40, was indicted on July 17, 2013, on two counts of Aggravated Sexual Abuse of a Minor and two counts of Abusive Sexual Contact of a Minor.  White Bull appeared before U.S. Magistrate Judge William D. Gerdes on July 25, 2013, and pled not guilty to the Indictment. 

The maximum penalty upon conviction of the sexual abuse charges is a mandatory minimum of 30 years up to life imprisonment.  The maximum penalty upon conviction of the sexual contact charges is any term of years up to life imprisonment.  All counts include a $250,000 fine, 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 charges are merely accusations, and White Bull is presumed innocent until and unless proven guilty.

The investigation is being conducted by the Federal Bureau of Investigation.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case.    White 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 Mission, South Dakota, man charged with Assault by Striking, Beating and Wounding has pled guilty to the charges and was sentenced on August 5, 2013, by U.S. Magistrate Judge Mark A. Moreno. 

Frank Swalley Jr., age 29, was sentenced to 3 months in custody with credit for time served, and $10 to the Federal Crime Victims Fund.

The conviction stems from an incident that took place on October 1, 2011, when Swalley and others assaulted and beat the victim, which included Swalley grabbing the victim by the neck.

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

Tabitha Good House, age 26, was indicted on July 17, 2013, on one count of Larceny. 

The maximum penalty upon conviction is 5 years' custody, a $250,000 fine or both; a period of supervised release of 3 years; and a $100 special assessment to the Federal Crime Victims Fund.  Restitution may also be ordered. 

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

The investigation is being conducted by the Federal Bureau of Investigation.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case.

Good House was released with conditions.  A trial date has not been set.

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

Patrick Scott Pomani, age 33, was indicted on July 17, 2013, for Failure to Register as a Sex Offender.  Pomani appeared before U.S. Magistrate Judge Mark A. Moreno on August 5, 2013, and pled not guilty to the Indictment. 

The maximum penalty upon conviction is 10 years of imprisonment, a $250,000 fine, or both; a mandatory minimum period of at least 5 years up to life of supervised release, with a violation of a condition of release possibly resulting in 2 years of additional incarceration; and a mandatory $100 special assessment to the Federal Crime Victims Fund.  Restitution may also be ordered. 

If Pomani commits a new felony violation of sexual abuse, sexual exploitation and other abuse of children, transportation for illegal sexual activity and related crimes, kidnapping, or sex trafficking of children by force, fraud, or coercion while on supervised release he may be incarcerated for a mandatory minimum term of 5 years up to life for each violation.

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

The Indictment charges that Pomani failed to register as a sex offender between the 1st day of October, 2012 and the 23rd day of January, 2013, as well as between the 28th day of April, 2013 and the 16th day of July 2013.

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

Pomani was remanded to the custody of the U.S. Marshals Service.  A trial date has been set for September 24, 2013.

United States Attorney Brendan V. Johnson announced that Stanley Morrison, age 32, of Eagle Butte, South Dakota, was convicted by a federal jury on July 30, 2013, for Assault Resulting in Serious Bodily Injury.

This conviction carries a maximum penalty of 10 years of imprisonment, a $250,000 fine, or both; 3 years of supervised release; and a $100 special assessment.  Restitution may also be ordered.

Morrison was indicted by a federal grand jury in May 2013 for an assault that occurred in January 2013 when Morrison struck the victim with his fists, causing the victim serious bodily injury.

This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Division.  Assistant U.S. Attorney Mikal Hanson prosecuted the case.

United States Attorney Brendan V. Johnson announced that Joe S. Romero, age 42, of Denver, Colorado, appeared before U.S. District Judge Karen E. Schreier, on August 2, 2013, and pled guilty to an Indictment that charged him with Failure to Pay Child Support. 

The maximum penalty upon conviction is 2 years' imprisonment, a $250,000.00 fine, one year supervised release, one additional year of custody upon revocation, a $100.00 assessment fee, and child support restitution amount owing at the time of sentencing.

Romero was ordered by the District Court of Denver County to pay $200.00 per month for his minor child beginning January 7, 1993.  Romero had not made a child support payment since May of 2011.  At the time of the plea hearing, the total arrearage amount was $33,601.69. 

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

A presentence investigation was ordered and a sentencing date was set for October 21, 2013.  The defendant wasremanded to the custody of the U.S. Marshal pending sentencing.

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

Landon Iron Thunder, age 24, was indicted on July 17, 2013, for Sexual Abuse of a Person Incapable of Consent, Sexual Abuse of a Minor, Abusive Sexual Contact of a Person Incapable of Consent, and Abusive Sexual Contact of a Minor.  Iron Thunder appeared before U.S. Magistrate Judge William D. Gerdes on July 26, 2013, and pled not guilty to the Indictment. 

The maximum penalty upon conviction for the charges is as follows. Sexual Abuse of a Person Incapable of Consent: any term of years up to life imprisonment; Sexual Abuse of a Minor: 15 years of imprisonment; Abusive Sexual Contact with a Person Incapable of Consent: 3 years of imprisonment; and Abusive Sexual Contact of a Minor: 2 years of imprisonment.

All counts include a possible $250,000 fine, 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 charges are merely accusations, and Iron Thunder is presumed innocent until and unless proven guilty.

The investigation is being conducted by the Federal Bureau of Investigation.  Assistant U.S. Attorney Troy R. Morley is prosecuting the case.    Iron Thunder 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 Stewart Bobtail Bear, Sr., age 41, of Blackfoot, South Dakota, appeared before U.S. District Judge Charles B. Kornmann on August 2, 2013, and pled guilty to Assault Resulting in Serious Bodily Injury. 

The maximum penalty upon conviction is 10 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 conviction stems from an incident on or about March 24, 2011, when the Defendant and victim were both present at a gathering in Little Eagle.  During the evening, various arguments began among individuals, including the Defendant and the victim.  The victim decided to leave and was attacked from behind by the Defendant.  As a result of the attack, the victim’s nose was shattered and he required surgery.  The victim also sustained a permanent blind spot in his left eye.

The investigation was conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley prosecuted the case. 

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

United States Attorney Brendan V. Johnson announced that an Aberdeen, South Dakota, man has pled guilty to Assault With a Dangerous Weapon.

Katlin Vine Tiger, age 21, appeared before U.S. District Judge Charles B. Kornmann on July 29, 2013, and pled guilty to the charge.   

The maximum penalty upon conviction is 10 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 conviction stems from an incident on or about the 25th day of August, 2012, when the Defendant and a juvenile male accompanied the victim to a private residence.  While they were walking, the Defendant and the juvenile male assaulted the victim by striking him with their fists until he fell to the ground, and then began to kick the victim in the body and head.  At the time of the attack, the Defendant was wearing steel-toed boots.

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

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

United States Attorney Brendan V. Johnson announced that a White Eagle, South Dakota, man convicted of Domestic Assault by an Habitual Offender was sentenced on August 2, 2013, by U.S. District Judge Charles B. Kornmann. 

Ace Makes Him First, age 38, was sentenced to 33 months of imprisonment, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. 

Makes Him First was indicted by a federal grand jury on September 19, 2012.  He pled guilty to Count II of an Indictment on April 23, 2013. 

The conviction stems from an incident in December of 2011 when the Defendant and the victim, who were in a domestic relationship, were involved in an altercation where the Defendant struck the victim around the head and face causing her lip to become swollen and split.  The Defendant had been found guilty on two or more separate occasions for offenses that would have been, if subject to federal jurisdiction, an assault against a spouse and intimate partner in Standing Rock Tribal Court.  All the offenses occurred against the same victim.

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

Makes Him First was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.

United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota, woman convicted of Making False Statements to a Federal Agency was sentenced on August 5, 2013, by U.S. District Judge Roberto A. Lange. 

Candice Waln, age 34, was sentenced to 1 month in custody, 1 year of supervised release, and $100 to the Federal Crime Victims Fund.

Waln was indicted by a federal grand jury on December 11, 2012, and pled guilty to the charge on April 30, 2013.

The conviction stems from an incident that took place on November 9, 2012, when Federal agents arrived at Waln’s residence to serve an arrest warrant on an individual.  Waln told the agents that individual was not present and was in another community, when in fact he was actually hiding nearby.

The investigation was conducted by the U.S. Marshals Service and 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 Jon Craig Dillon, a/k/a JC Dillon, a/k/a Jon Craig Goings, age 25, of Pine Ridge, South Dakota, appeared before U.S. Magistrate Judge Veronica L. Duffy on August 2, 2013, and pled guilty to Assault with a Dangerous Weapon and Assault by Striking, Beating or Wounding.

The maximum penalty upon conviction is 10 years of imprisonment and a $250,000 fine.

The charges relate to Dillon assaulting his female companion numerous times in 2012.  The assaults resulted in a kidney injury, a head injury, choking injuries, and extensive bruising covering her body. 

The investigation was conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.

A presentence investigation was ordered and a sentencing date will be set.  The defendant was remanded to the custody of the U.S. Marshal pending sentencing.

United States Attorney Brendan V. Johnson announced that a White Earth, Minnesota, man convicted of burglary was sentenced on August 2, 2013, by U.S. District Judge Karen E. Schreier. 

Raymond Jackson, age 33, was sentenced to 15 months in custody with credit for time served, 2 years of supervised release, and $100 to the Federal Crime Victims Fund.

 Jackson was indicted by a federal grand jury on January 13, 2013, and pled guilty to the charge on May 13, 2013.

The conviction stems from an incident that took place August 15, 2012, when Jackson entered and remained in a residence in Marty, South Dakota, with the intent to commit a crime.  Jackson made entry into the residence by walking through an unlocked door, where he surprised the sleeping resident inside the home.  The resident woke up, struggled briefly with Jackson, and Jackson ran out of the home.  He was arrested a short time later.

The investigation was conducted by the Bureau of Indian Affairs, Law Enforcement Services, and the Federal Bureau of Investigation.  The case was prosecuted by Assistant U.S. Attorney Thomas J. Wright.

Jackson will self-surrender to the custody of the U.S. Marshal later this month. 

United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota, man convicted of Assaulting a Federal Officer was sentenced on August 2, 2013, by U.S. District Judge Charles B. Kornmann.        

Verle Janis, a/k/a Verl Janis, age 32, was sentenced to 24 months of imprisonment, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. 

Janis was indicted by a federal grand jury on February 13, 2013.  He pled guilty to a Superseding Information on April 23, 2013. 

The conviction stems from an incident in January of 2013 when a BIA officer was dispatched to the Bear Soldier West housing project in McLaughlin.  Upon arrival, the officer observed several individuals in the residence and requested a warrant check.  He was advised that Janis was on probation with conditions that prohibited alcohol.  When the officer attempted to place the Defendant in handcuffs, he became uncooperative and refused to comply.  The officer removed his taser and the Defendant momentarily complied and was placed in the back seat of the patrol unit.

The officer then secured several personal items left in the house by the Defendant, and upon opening the back door to the patrol unit, was kicked in the shoulder by the Defendant.  The officer was forced to remove the Defendant from the patrol unit in order to place him in leg restraints.  While attempting to secure the Defendant, the officer was kicked in the leg several times.

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

Janis was immediately turned over to the custody of the U.S. Marshals Service to begin serving his sentence.

United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on August 5, 2013, by U.S. District Judge Roberto A. Lange. 

Irvin Yazzie, age 24, was sentenced to 17 months of imprisonment, 18 months of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. 

Yazzie was indicted by a federal grand jury on March 13, 2013, and pled guilty to the above charge on April 30, 2013. 

The charge stems from an incident wherein Yazzie and his girlfriend, who were staying at a residence in Lower Brule, began arguing about their relationship.  During the course of the argument, Yazzie assaulted the victim by striking her with his fists and a black aluminum pole.  The victim suffered bruising as a result of the assault.

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

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

United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota, man convicted of Sexual Abuse of a Person Incapable of Consenting was sentenced on August 5, 2013, by U.S. District Judge Roberto A. Lange.

Frank Hill, age 38, was sentenced to 96 months of custody, 5 years of supervised release, and $100 special assessment to the Federal Crime Victims Fund.

Hill was indicted by a federal grand jury on October 16, 2012, and pled guilty to the offense on May 14, 2013.  

The conviction arose from an incident in November 2009, when Hill sexually assaulted an adult female victim who was sleeping at her home in Eagle Butte.

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

Hill was remanded to the custody of the U.S. Marshal to begin serving his sentence.

United States Attorney Brendan V. Johnson announced that a Mitchell, South Dakota, man convicted of Sexual Abuse was sentenced on August 5, 2013, by U.S. District Judge Roberto A. Lange.
 
Terace Castaway, age 30, was sentenced to 293 months of imprisonment, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. 

Castaway was indicted by a federal grand jury on November 15, 2012, for Aggravated Sexual Abuse of Children, Sexual Abuse, Sexual Abuse of a Minor, and Abusive Sexual Contact of a Minor.  Castaway pled guilty to a Superseding Information on May 6, 2013, that charged him with Sexual Abuse.

The charge stems from an incident wherein Castaway, between the 1st day of August, 2008, and the 31st day of May, 2009, did sexually abuse a young girl while she was in his custody and care.  While the victim and her cousins were playing a game of hide and seek, Castaway came into the bathroom where she was hiding and sexually assaulted her while the child was fearful for her life.  As part of the plea agreement, Castaway also admitted to sexually abusing three other young girls on several occasions while they were at their grandmother’s home in Lower Brule and Castaway was also staying there. 

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

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

Gregg Peterman, Supervisory Assistant U.S. Attorney in the District of South Dakota, has received national recognition for his work in Indian Country.  Peterman was one of 154 members of the Department of Justice (DOJ) who were recognized by Attorney General Eric Holder and Executive Office for U.S. Attorneys (EOUSA) Director H. Marshall Jarrett. 

Peterman was honored with a 2013 Director’s Award for Outstanding Performance in Indian Country, one of the highest awards that can be bestowed upon an Assistant U.S. Attorney. 

In a letter to Peterman, Attorney General Holder said the following:  “In your 17 years of service to support Indian Country, your passion and energy as  a prosecutor have made these communities better and safer places to live.  You have accomplished this through handling some of the district’s most difficult cases ranging from violent homicides to child sexual abuse cases; through your involvement with working groups and committees; and by training law enforcement agencies on Indian Country issues.  You have demonstrated the best of public service and deserve recognition for your commitment to justice.”

Originally from Brooklyn, New York, Peterman joined the U.S. Attorney’s Office for the District of South Dakota in 1995.  Shortly after joining the office, he showed an interest in working on Indian Country issues, and quickly displayed a passion and energy focused on these cases.  Over the years he has handled some of the District’s toughest Indian Country matters, ranging from violent homicides to heart wrenching child sexual abuse cases.  He has been involved in numerous national Indian Country working groups and committees, including The Attorney General’s Task Force on Domestic Violence in Indian Country.  Peterman is a frequent lecturer on Indian Country issues at the DOJ training center in South Carolina and has provided law enforcement training to hundreds of Indian Country officers.  He has co-authored two Indian Country articles for USA Book.

“Gregg Peterman has dedicated over 17 years of his career fighting to deliver justice for victims in Indian Country,” said Brendan Johnson, U.S. Attorney for the District of South Dakota. “Gregg’s compassion, coupled with his tenacity, knowledge, and familiarity with Indian Country, makes him an ideal choice for the Director’s Award.  His talent and expertise are valuable tools as we continue our efforts to improve public safety on reservations, and help make the communities safer places to live, work, play, and raise a family.”

Peterman has served as a pathfinder for the nation by leading the first community prosecution project on the Pine Ridge Reservation that was implemented in 2010.  Peterman embraced the challenge to have a stronger presence on the reservation, and he successfully created and strengthened relationships by getting out in the communities, working on cases with law enforcement, talking to victims, and steering investigations.  The pilot program has proven to be successful in a number of areas and criminal prosecutions have increased.

“Each day the members of the U.S. Attorneys’ community go to work for the citizens of this country with one goal in mind – to do everything they can to protect the rights of all Americans,” said EOUSA Director Jarrett.  “I am continually humbled by their resiliency, dedication, and unparalleled work ethic to accomplish this noble mission. Today’s awardees exemplify what it truly means to be a patriot and it is an honor to recognize them for their extraordinary service.”

Peterman was named the Supervisor of the U.S. Attorney’s Rapid City office in early 2012.  U.S. Attorney Johnson honored Peterman with the Director’s Award on August 5, 2013. 

United States Attorney Brendan V. Johnson announced that Mario Contreras, age 35, of Waubay, South Dakota, was convicted of Second Degree Murder and Assault Resulting in Serious Bodily Injury as a result of a federal jury trial held in Sioux Falls, South Dakota.

The charges carry a maximum penalty of life imprisonment, a $250,000 fine, or both; 5 years of supervised release; and a $100 special assessment. The murder charge carries a mandatory minimum sentence of 30 years in prison. Contreras was indicted by a federal grand jury for the charges on August 14, 2012.

The victim was born on December 31, 2009, and was murdered by her father on January 9, 2012, just after she turned 2 years old. The victim’s mother and father were never married and were no longer close. The defendant was not very involved in the victims’ first year and a half of her life. On January 4, 2012, the victim’s mother asked Contreras if he could watch her for a few days. Contreras had custody of the victim from January 4th through January 9th, the date of death.

Contreras told investigators that on January 9th his daughter was having a cup of water and a banana and he left the room. He said that is when she fell off the chair and sustained the injuries that cased her death.

The Assistant Medical Examiner of Ramsey County, Minnesota, who performed the autopsy, discovered 18 round bluish-colored contusions on four sides of the victim’s head, indicative of blunt force trauma. He concluded that the multiple contusions and resulting subdural hematoma could not have been caused by a single fall from a chair and that the cause of death was a homicide. Another government expert on child abuse also concluded that the injuries were inconsistent with falling from a chair or table. An additional expert for the government determined that there were small hemorrhages to the retinas and concluded that the child was beaten. Two government experts testified that the chances of such a short fall causing death were “one in a million.”

The trial commenced on Tuesday morning, July 30, and concluded Thursday evening, August 1. After approximately two and a half hours of deliberation, the jury returned a verdict of guilty of Second Degree Murder and guilty of Assault Resulting in Serious Bodily Injury.

This case was investigated by the Federal Bureau of Investigation, the Sisseton-Wahpeton Tribal Law Enforcement Services, and the Bureau of Indian Affairs. The case was prosecuted by Assistant U.S. Attorneys Thomas J. Wright and Jay P. Miller. A presentence investigation was ordered and a sentencing date is set for November 2013.

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

United States Attorney Brendan V. Johnson announced that Diana Bald Eagle, age 39, of Rapid City, South Dakota, appeared before U.S. Magistrate Judge Veronica L. Duffy on July 26, 2013, and pled guilty to a charge of Conspiracy to Distribute a Controlled Substance. 

The penalty upon conviction is a mandatory minimum of 5 years and up to 40 years' imprisonment, and/or a $5,000,000 fine.

Between August 2009 and February 2013, Bald Eagle conspired with others to distribute methamphetamine on and around the Pine Ridge Indian Reservation. 

The investigation was conducted by the Northern Plains Safe Trails Drug Task Force.  The case is being prosecuted by Assistant U.S. Attorney Ted L. McBride.