District of South Dakota

United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of assault charges has pled guilty and was sentenced on July 12, 2013, by U.S. Magistrate Judge Mark A. Moreno. 

Kenneth Black Wolf, age 24, was sentenced to 12 months’ probation for Assault by Striking, Beating and Wounding, and 6 months’ probation for Simple Assault.  He was also ordered to pay $20 to the Federal Crime Victims Fund.

The conviction stems from an incident that took place on January 28, 2013, when Black Wolf struck and bit the victim’s nose during an altercation.

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

United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on July 10, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court. 

Wilbur Toledo Flute, age 39, was sentenced to 12 months and one day of imprisonment, 5 years of supervised release, and ordered to pay $100 to the Federal Crime Victims Fund.

Flute was indicted for Failure to Register as a Sex Offender by a federal grand jury on March 19, 2013.  From November 28, 2012, to February 27, 2013, Flute failed to update his sexual offender registration as required.  He pled guilty to the charge on April 12, 2013.

This case was investigated by the U.S. Marshals Service.  Assistant U.S. Attorney Eric Kelderman prosecuted the case.

United States Attorney Brendan V. Johnson announced that a Manderson, South Dakota, man convicted of Interstate Transportation of Stolen Motor Vehicle was sentenced on July 10, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court. 

Clayton J. Fire Thunder, age 28, was sentenced to time served, one year of supervised release, and ordered to pay $100 to the Federal Crime Victims Fund.

Fire Thunder was indicted for Larceny and Interstate Transportation of a Stolen Motor Vehicle by a federal grand jury on March 20, 2012, and pled guilty to the second charge on March 13, 2013.

The conviction stems from an incident on January 13, 2012, at White Clay, Nebraska, wherein Fire Thunder stole a pickup truck and led police units on a chase around the Pine Ridge Indian Reservation before being cornered by the police. 

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

United States Attorney Brendan V. Johnson announced that a Middlesboro, Kentucky, man was sentenced for extortion on July 15, 2013, by U.S. District Judge Karen E. Schreier. 

Justin Howard, age 25, was sentenced to 21 months in custody, followed by 1 year of supervised release, and ordered to pay restitution in the amount of $53,625.25.

Howard was indicted by a federal grand jury on September 11, 2012, for extortion.  He pled guilty to the offense on April 22, 2013. 

From August 2011 to July 2012, Howard made telephone calls and sent written messages to a South Dakota man in which Howard threatened to reveal information about the victim’s sexuality unless the victim paid money to Howard.  In response to the threats, the victim sent numerous payments to Howard, totaling $53,625.25.

The victim reported the crime to law enforcement, resulting in Howard’s arrest.

This case was investigated by the Minnehaha County Sheriff’s Office and the Federal Bureau of Investigation.  U.S. Attorney Brendan V. Johnson and Assistant U.S. Attorney John E. Haak prosecuted the case.

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

United States Attorney Brendan V. Johnson announced that a Kadoka, South Dakota, man has been indicted by a federal grand jury for allegedly unlawfully entering the Indian Health Service Clinic at Wanblee and stealing prescription pills on July 5, 2013.

Lynn Standing Bear, age 20, was indicted by a federal grand jury on July 9, 2013, for Third Degree Burglary, Destruction of Government Property and Theft in Connection with Health Care. 

Standing Bear appeared before U.S. Magistrate Judge Veronica L. Duffy on July 10, 2013, and pled not guilty to the indictment.  The maximum penalty upon conviction is 10 years' imprisonment and a $250,000 fine. 

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

The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety and the Department of Health and Human Services, Office of Inspector General.  Assistant U.S. Attorney Eric Kelderman is prosecuting the case.

Standing Bear was remanded to the custody of the U.S. Marshal.  A trial date has been set for September 17, 2013.

United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota man has been indicted by a federal grand jury on two counts of Abusive Sexual Contact.

Alfred Theodore Boneshirt, age 59, was indicted on June 12, 2013.  Boneshirt appeared before U.S. Magistrate Judge Mark A. Moreno on July 10, 2013 and pled not guilty to the indictment. 

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

The charges are merely accusations, and Boneshirt 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.

Boneshirt was released to third party custodians pending trial.  A trial date has not been set.

# # #

United States Attorney Brendan V. Johnson announced that Monique Flood, age 19, of Mission, South Dakota, appeared before U.S. District Judge Roberto A. Lange on July 11, 2013, and pled guilty to Second Degree Burglary.     

The maximum penalty upon conviction is 15 years in custody, a $250,000 fine, or both; 3 years of supervised release; and $100 to the Federal Crime Victims Fund.

The conviction stems from an incident that took place on January 16, 2013, when Flood and others burglarized homes on the Rosebud Reservation and took property that did not belong to them.

The investigation was conducted by 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 September 30, 2013.  The defendant was released from custody until August 13, 2013, when she must self-report to the custody of the U.S. Marshals Service.

# # #

United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of Abusive Sexual Contact was sentenced on July 11, 2013, by U.S. District Judge Roberto A. Lange. 

Eddie Hummingbird, age 48, was sentenced to 24 months in custody, 5 years of supervised release, $100 to the Federal Crime Victims Fund, and ordered to register as a sex offender.

Hummingbird was indicted by a federal grand jury on August 22, 2012, and pled guilty to the charge on March 4, 2013.

The conviction stems from an incident that took place on April 14, 2012, when Hummingbird sexually abused the victim.

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

Hummingbird was remanded to the custody of the U.S. Marshal.

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United States Attorney Brendan V. Johnson announced that a Little Eagle, South Dakota, woman convicted of Assault By Striking, Beating and Wounding and Simple Assault was sentenced on July 10, 2013, by U.S. Magistrate Judge William D. Gerdes. 

Emily Rose Yellow Earrings, age 50, was sentenced to 10 months in custody and a $20 special assessment to the Federal Crime Victims Fund. 

Yellow Earrings was indicted by a federal grand jury on November 8, 2011.  On April 19, 2013, she pled guilty to a superseding information. 

The conviction stems from an incident during the early morning hours of March 6, 2010, when the defendant was attending a social gathering.  Also present at the gathering was the victim and the defendant's brother, who had previously been in a relationship.  The defendant began an argument with the victim, became enraged, and struck the victim on top of the head.  A struggle ensued and the victim was again struck by the defendant in the face.

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

Yellow Earrings must self-report to the U.S. Marshals Service no later than July 23, 2013 to begin serving her sentence.

# # #

United States Attorney Brendan V. Johnson announced that Sylvan Charles Brown III, age 30, of Eagle Butte, South Dakota, appeared before U.S. District Judge Roberto A. Lange on July 11, 2013, and pled guilty to Count II 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; a mandatory period of 3 years up to life of supervised release, an additional 2 years of supervised release upon revocation; and a $100 special assessment to the Federal Crime Victims Fund.  Restitution may also be ordered.

The charge stems from an incident on November 14, 2012, when Brown distributed methamphetamine. The suspected methamphetamine was sent to the lab for analysis and tested positive.

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.

Brown was remanded to the custody of the U.S. Marshals Service pending sentencing which has been set for September 30, 2013.

# # #

United States Attorney Brendan V. Johnson announced that Colton White Feather, age 18, of Eagle Butte, South Dakota, appeared before U.S. District Judge Roberto A. Lange on July 11, 2013, and pled guilty to the Indictment that charged him with Assaulting 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 conviction stems from an incident on or about November 23, 2012, when two Cheyenne River Sioux Tribal Police Officers were called to the defendant’s residence in Eagle Butte to respond to a fight between White Feather and another person.  After arriving and being let into the house, one of the officers had contact with the defendant in a back bedroom.  During that contact, the defendant became upset when he learned he was going to be arrested for underage consumption, and to avoid arrest he had physical contact with the officer.  At the time of the unlawful assault, the police officer was engaged in the performance of his official duties as law enforcement.       

The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Mikal Hanson prosecuted the case.  White Feather was remanded to the custody of the U.S. Marshals Service pending sentencing which has been set for September 30, 2013.

# # #

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

Maria Janis, age 35, was indicted by a federal grand jury on April 12, 2013.  She appeared before U.S. Magistrate Judge Mark A. Moreno on July 11, 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 charge is merely an accusation and Janis is presumed innocent until and unless proven guilty. 

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

Janis was released to a third party custodian pending trial.  A trial date has been set for August 13, 2013.

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United States Attorney Brendan V. Johnson announced that Berdell Christopher Shot, age 29, of Wounded Knee, South Dakota, appeared before U.S. District Judge Roberto A. Lange on July 10, 2013, and pled guilty to Sexual Abuse of a Minor. 

The maximum penalty upon conviction is 15 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 or about November 19, 2012, when Shot had sexual contact with the victim.

The investigation was conducted by 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 September 30, 2013.  The defendant was remanded to the custody of the U.S. Marshal pending sentencing.

# # #

United States Attorney Brendan V. Johnson announced that Dwight Black Spotted Horse, age 28, of Rosebud, South Dakota, appeared before U.S. District Judge Roberto A. Lange on July 8, 2013, and pled guilty to Failure to Register as a Sex Offender. 

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

On October 13, 2006, Black Spotted Horse was convicted of Sexual Abuse of a Minor.  The Court sentenced Black Spotted Horse to 70 months in custody, three years of supervised release, and ordered that he register as a sex offender.  He began his term of supervised release on August 27, 2011.  Black Spotted Horse absconded from supervised release on April 1, 2013, and failed to register a new address by April 4, 2013, as required by the Sex Offender Notification Act. 

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

A presentence investigation was ordered and a sentencing date was set for September 30, 2013.  The defendant was remanded to the custody of the U.S. Marshal pending sentencing.

# # #

United States Attorney Brendan V. Johnson announced that Samuel Antelope, age 32, of Pukwana, South Dakota, pled guilty to an Information that charged him with Simple Assault and Assault by Striking, Beating and Wounding. 

Antelope was sentenced on July 10, 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 and a $20 special assessment to the Federal Crime Victims Fund. 

The charges stem from an incident occurring on November 3, 2012, when one of the victims was with her boyfriend at her Fort Thompson home.  In the early evening, the second victim, her boyfriend, and Antelope came over to drink alcohol.  An argument began between the partygoers. The argument turned physical, and Antelope struck the victims multiple times with his hands and fists. 

One victim suffered a black eye, multiple bruises and swelling to her face and body.  The second victim suffered an upper lip laceration that required three stitches to repair.

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

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

# # #

United States Attorney Brendan V. Johnson announced that a White River, South Dakota woman convicted of Simple Assault and Aiding and Abetting was sentenced on July 8, 2013, by U.S. Magistrate Judge Mark A. Moreno. 

Ashley Vanderwalker, age 25, was sentenced to 12 months’ probation and $10 to the Federal Crime Victims Fund.

Vanderwalker was indicted by a federal grand jury on April 12, 2013, and pled guilty to the charge on June 17, 2013.

The conviction stems from an incident that took place on April 3, 2011, when Vanderwalker and others assaulted the victim with a bat.

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

                                                          # # #

United States Attorney Brendan V. Johnson announced that a White River, South Dakota woman convicted of Simple Assault and Aiding and Abetting was sentenced on July 8, 2013, by U.S. Magistrate Judge Mark A. Moreno. 

Ashley Vanderwalker, age 25, was sentenced to 12 months’ probation and $10 to the Federal Crime Victims Fund.

Vanderwalker was indicted by a federal grand jury on April 12, 2013, and pled guilty to the charge on June 17, 2013.

The conviction stems from an incident that took place on April 3, 2011, when Vanderwalker and others assaulted the victim with a bat.

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

                                                          # # #

United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota man convicted of Escape was sentenced on July 8, 2013 by Chief Judge Jeffrey L. Viken, U.S. District Court. 

Floyd Bullman, age 41, was sentenced to time served and ordered to pay $100 to the Federal Crime Victims Fund.

 On November 5, 2012, Bullman walked away and failed to return to Community Alternatives of the Black Hills, where he was serving part of a federal sentence.  He pled guilty on March 8, 2013.

This case was investigated by the U.S. Marshals Service.  Assistant U.S. Attorney Eric Kelderman prosecuted the case.
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United States Attorney Brendan V. Johnson announced that a Parmelee, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, Opposing, and Impeding a Federal Officer.

William Rahn, age 27, was indicted by a federal grand jury on May 16, 2013.  He appeared before U.S. Magistrate Judge Mark A. Moreno on July 8, 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 to the Federal Crime Victims Fund. Restitution may also be ordered.

The charge is merely an accusation and Rahn is presumed innocent until and unless proven guilty.
 
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Tim Maher is prosecuting the case.   

Rahn was released to a third party custodian pending trial.  A trial date has not been set.

###

United States Attorney Brendan V. Johnson announced that Ryan Soft, age 22, of McLaughlin, South Dakota, appeared before U.S. District Judge Roberto A. Lange on July 9, 2013, and pled guilty to Count I of the Indictment that charged him with Assault with a Dangerous Weapon. 

The maximum penalty upon conviction is 10 years of imprisonment, 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 wherein on the evening of February 25 and into the early morning hours of February 26, 2013, Soft was at the house of some friends, drinking and socializing with the victim and others.  Soft and another person got into a fight, when the victim intervened and began pushing/punching Soft in an effort to break up the fight.  Eventually, Soft was sitting down in the corner of the room.  The victim took a couple of steps back and Soft stood to his feet, then pulled a knife from his pocket and stabbed the victim in the stomach.  The victim fell to the floor and then retreated to the kitchen.

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

Soft was remanded to the custody of the U.S. Marshals Service pending sentencing which has been set for September 23, 2013.

# # #

United States Attorney Brendan V. Johnson announced that Jesus Ochoa Aguirre, age 30, from Mexico, appeared before U.S. District Judge Roberto A. Lange on July 8, 2013, and pled guilty to the Indictment that charged him with Illegal Reentry after Deportation. 

The maximum penalty upon conviction is 2 years of imprisonment, a $250,000 fine, or both; 1 year of supervised release; an additional year 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 or about September 24, 2012, when Ochoa Aguirre, a/k/a Felipe Cabrera Aguirre, an alien, was found in the United States in the District of South Dakota, after having been previously deported from the United States on or about April 16, 2010.  Ochoa Aguirre did not obtain the consent of the Secretary of the United States Department of Homeland Security and the Attorney General of the United States to apply for admission into the United States.

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

Ochoa Aguirre was remanded to the custody of the U.S. Marshals Service pending sentencing which has been set for August 28, 2013.

# # #

United States Attorney Brendan V. Johnson announced that a Fort Pierre, South Dakota, man convicted of Failure to Appear was sentenced on July 8, 2013, by U.S. District Judge Roberto A. Lange.
 
Brent Flood, age 24, was sentenced to 4 months of imprisonment followed by 4 months at a re-entry center, 1 year of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.  The custodial sentence will be served consecutively to a separate sentence for Possession of a Controlled Substance.

Flood was indicted by a federal grand jury on February 13, 2013.  The charge stems from an incident wherein Flood, who was indicted by a federal grand Jury in September 2012 for two counts of the felony offense of Distribution of a Controlled Substance, did not show up for his change of plea scheduled for January 22, 2013.  Flood knew he was required to appear for this proceeding, but failed to appear as directed.  He was later apprehended.

The investigation was conducted by the U.S. Marshals Service.  Assistant U.S. Attorney Kathryn N. Rich prosecuted the case. 

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

# # #

United States Attorney Brendan V. Johnson announced that Anthony Black Wolf, age 25, of White River, South Dakota, appeared before U.S. District Judge Billy Roy Wilson on July 3, 2013, and pled guilty to Assaulting a Federal Officer.  The maximum penalty upon conviction is 8 years in custody, a $250,000 fine, or both; 3 years of supervised release; and $100 to the Federal Crime Victims Fund.

The conviction stems from an incident that took place on March 3, 2013, when Black Wolf resisted arrest by striking an officer in the face and trying to remove the officer’s duty weapon from its holster.

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

A presentence investigation was ordered and a sentencing date was set for September 23, 2013.  The defendant was remanded to the custody of the U.S. Marshals pending sentencing.

####

United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, woman convicted of Assault Resulting in Substantial Bodily Injury was sentenced on July 8, 2013, by U.S. District Judge Roberto A. Lange.   

Toni Good Shield, a/k/a Toni Little Thunder, age 30, was sentenced to time served of 112 days in custody, 18 months of supervised release, and $100 to the Federal Crime Victims Fund.

Good Shield was indicted by a federal grand jury on March 13, 2013, and pled guilty to the charge on April 16, 2013.

The conviction stems from an incident that took place on February 7, 2013, when Good Shield kicked the victim causing a fracture to her left leg and a bloody nose. 

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

                                                          # # #

United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, woman convicted of Assault by Striking, Beating and Wounding and Simple Assault was sentenced on July 8, 2013, by U.S. Magistrate Judge Mark A. Moreno. 

Kelcey Andrews, age 22, was sentenced to 18 months’ probation on each count, 400 hours of community service, and $35 to the Federal Crime Victims Fund.

Andrews was indicted by a federal grand jury on February 13, 2013, and pled guilty to the charge on May 7, 2013.

The conviction stems from an incident that took place on August 3, 2012, when Andrews reached into the front passenger window of a car in which the victim was located, punched the victim in the face and then grabbed the victim by her hair.

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

###

United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on July 8, 2013, by U.S. District Judge Roberto A. Lange. 

James Menard, age 30, was sentenced to 28 months of imprisonment; a $1,000 fine; 3 years of supervised release; and a $100 special assessment to the Federal Crime Victims Fund. 

Menard was indicted by a federal grand jury on July 18, 2012.  He pled guilty to the above charge on April 9, 2013. 

The charge stems from an incident wherein a South Dakota Highway Patrol Trooper came upon a vehicle with its hood up sitting on the side of Highway 44. There was smoke coming from under the hood and the vehicle’s hazard lights were on. The trooper stopped to provide assistance and encountered three men with the vehicle.  During the trooper’s contact with the three men, a cigarette box stuffed with a plastic bag containing 12.8 grams of methamphetamine was found in the vehicle.  Additionally, trace amounts of marijuana were located inside the head band of a baseball cap located in the back seat, and a glass pipe was also found stuffed in between the rear seat cushions.  A urine sample was obtained from Menard who tested positive for use of methamphetamine.

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

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

# # #

United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of Assaulting, Resisting, Opposing, and Impeding a Federal Officer was sentenced on July 8, 2013, by U.S. District Judge Roberto A. Lange. 

Jody Brave, age 42, was sentenced to 10 months in custody, 18 months of supervised release, and $100 to the Federal Crime Victims Fund.

Brave was indicted by a federal grand jury on December 11, 2012, and pled guilty to the charge on April 16, 2013.

The conviction stems from an incident that took place on November 6, 2012, when Brave engaged in an altercation with a law enforcement officer during a home disturbance call. Brave grabbed a chain that had a padlock attached to the end, wrapped the end of the chain around his fist, and swung the padlock weighted end of the chain at the officer three times.

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

Brave was remanded to the custody of the U.S. Marshal.  

###

United States Attorney Brendan V. Johnson announced that Roxanne Spotted Horse, age 31, of Little Eagle, South Dakota, appeared before U.S. District Judge Charles B. Kornmann on July 1, 2013, and pled guilty to a Superseding Information that charged her with Assault with a Dangerous Weapon. 

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 January 24, 2013, in which Spotted Horse was socializing at her residence with the victim, among others.  Spotted Horse and the victim had previously been in a dating relationship.  An argument started between Spotted Horse and her victim, and as the argument became more intense, Spotted Horse grabbed a metal bar and hit the victim on the head.  An ambulance was summoned and the victim received medical attention for his head injury.

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

Spotted Horse was remanded to the custody of the U.S. Marshals Service pending sentencing, which has been set for September 23, 2013.

# # #

United States Attorney Brendan V. Johnson announced that a Cherry Creek, South Dakota, man convicted of Assaulting, Resisting or Impeding a Federal Officer was sentenced on July 8, 2013, by U.S. District Judge Roberto A. Lange.

Kaleb Earl Hollow Horn, age 24, was sentenced to 12 months and 1 day of custody, followed by 1 year of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Hollow Horn was indicted by a federal grand jury on July 18, 2012, and pled guilty to a Superseding Indictment on April 16, 2013.

The conviction arose from a February 2012 incident in which Hollow Horn assaulted, resisted or impeded a Cheyenne River Sioux Tribe police officer who was arresting him for violating a tribal court order.

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

                                                          # # #

United States Attorney Brendan V. Johnson announced that a Rapid City man previously convicted of a felony was indicted by a federal grand jury for knowingly possessing a stolen 9 mm caliber pistol and a stolen .30-30 caliber rifle, knowing he was prohibited from doing so.

Ryan Umbarger, age 22, was indicted on June 18, 2013, for Possession of a Stolen Firearm and Felon in Possession of a Firearm.  He appeared before U.S. Magistrate Judge Veronica L. Duffy on July 2, 2013, and pleaded not guilty to the indictment.  The maximum penalty upon conviction is 10 years’ imprisonment and/or a $250,000 fine.  The charges are merely an accusation and Umbarger is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Pennington County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  Assistant U.S. Attorney Eric Kelderman is prosecuting the case.  Umbarger was remanded to the custody of the U.S. Marshal.  A trial date has not yet been set.

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United States Attorney Brendan V. Johnson announced that a White River, South Dakota woman convicted of Simple Assault and Aiding and Abetting has pled guilty to the charges and was sentenced on June 28, 2013 by U.S. Magistrate Judge Mark A. Moreno.

Jarashae Vanderwalker, age 20, was sentenced to 12 months’ probation and $10 to the Federal Crime Victims Fund.

The conviction stems from an incident that took place on April 3, 2011, when Vanderwalker and others assaulted the victim with a bat. The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services.

The case was prosecuted by Assistant U.S. Attorney Marie H. Ruettgers.

Vanderwalker was released.

United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota man convicted of Assaulting, Resisting, or Impeding Certain Officers was sentenced on June 28, 2013 by U.S. District Judge Mark A. Moreno.

Jesse Young, age 36, was sentenced to 12 months in custody and $25 to the Federal Crime Victims Fund.

Young was indicted by a federal grand jury on December 11, 2012, and pled guilty to the charge on March 15, 2013.

The conviction stems from an incident that took place on May 29, 2012 when the victim was escorting Young to a restraint chair. Young was non-compliant and spat at the victim, hitting the victim with saliva on his face and ear.

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

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

United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota man convicted of Assaulting, Resisting, or Impeding Certain Officers was sentenced on June 28, 2013 by U.S. District Judge Mark A. Moreno.

Jesse Young, age 36, was sentenced to 12 months in custody and $25 to the Federal Crime Victims Fund.

Young was indicted by a federal grand jury on December 11, 2012 and pled guilty to the charge on March 15, 2013.

The conviction stems from an incident that took place on May 29, 2012, when the victim was escorting Young to a restraint chair. Young was non-compliant and spat at the victim, hitting the victim with saliva on his face and ear.

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

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

United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota man indicted for Felon in Possession of a Firearm has been found guilty by a federal jury.

Timothy George Buckman, age 28, was convicted by a federal jury on June 26, 2013 for the firearm offense.

He was indicted in April 2013 following an investigation conducted by the Bureau of Indian Affairs Office of Justice Services and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The investigation produced evidence from the social media site Facebook, where pictures were posted of Buckman holding a 12-gauge shotgun.

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

The charge stems from an incident occurring between January and September 2012 when Buckman possessed a 12-gauge shotgun. A prior felony conviction in 2009 prohibits Buckman from possessing a firearm.

The case was prosecuted by Assistant United States Attorney Sarah B. Collins. A sentencing date has not been set.

United States Attorney Brendan V. Johnson announced that a Pierre, South Dakota woman has been indicted by a federal grand jury for Theft From an Indian Tribal Organization.

Ravae Bowman, age 40, was indicted by a federal grand jury on June 12, 2013. She appeared before U.S. Magistrate Judge Mark A. Moreno on June 27, 2013 and pled not guilty to the indictment.

The maximum penalty upon conviction is up to 5 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 charge relates to an alleged embezzlement in October 2012 from a Subway store in Eagle Butte when Bowman was the manager. The Subway store is an entity of the Cheyenne River Sioux Tribe Telephone Authority and the Cheyenne River Sioux Tribe.

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

The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Mikal Hanson is prosecuting the case. Bowman was released to a third party custodian pending trial.

A trial date has not been set.

United States Attorney Brendan V. Johnson announced that a woman and a man from La Plant, South Dakota have been indicted by a federal grand jury for two counts of Incest.

Nicholas White Eagle, age 26, and Fawn Lynn Scott, age 20, were indicted by a federal grand jury on June 12, 2013. White Eagle and Scott appeared before U.S. Magistrate Judge Mark A. Moreno on June 25 and 27, 2013 and pled not guilty to the indictment.

The maximum penalty upon conviction is up to 5 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 stem from incidents that occurred in April 2011 and February 2013 in La Plant. The charges are merely accusations and White Eagle and Scott are 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.

White Eagle and Scott were released to third party custodians pending trial. A trial date has not been set.

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

Ta-Sunka-hinz Thunder Hawk, a/k/a Hinzi Thunder Hawk, age 18, was indicted by a federal grand jury on June 5, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 26, 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 and up to life of supervised release; and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

The charge relates to an alleged incident in Blackfoot where Thunder Hawk had sexual contact with a child under the age of 12. The charge is merely an accusation and Thunder Hawk 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.

Thunder Hawk was released to a third party custodian pending trial. A trial date has not been set.

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

Berdell Shot, age 29, was indicted by a federal grand jury on September 19, 2012. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 25, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is up to 15 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 charge is merely an accusation and Shot is presumed innocent until and unless proven guilty.

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

Shot was remanded to the custody of the U.S. Marshals pending trial. A trial date has been set for August 13, 2013.

United States Attorney Brendan V. Johnson announced that Orson Black Spotted Horse, age 49, of St. Francis, South Dakota appeared before U.S. District Judge Roberto A. Lange on June 25, 2013 and pled guilty to Assault with a Dangerous Weapon. The maximum penalty upon conviction is 10 years in custody, a $250,000 fine, or both; 3 years of supervised release; and $100 to the Federal Crime Victims Fund.

The conviction stems from an incident that took place on September 3, 2012, when Black Spotted Horse hit the victim in the head with a metal pipe.

The investigation was conducted by 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 September 16, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.

United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for False Statement and Theft of Government Property.

Christopher Menard, age 39, was indicted by a federal grand jury on June 12, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 25, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is up to 5 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 charge is merely an accusation and Menard is presumed innocent until and unless proven guilty.

The investigation is being conducted by the U.S. Department of Interior – Office of Inspector General. Assistant U.S. Attorney Tim Maher is prosecuting the case.

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

United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota woman convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on June 28, 2013 by Chief Judge Jeffrey L. Viken, U.S. District Court.

Victoria Lee Running Hawk, age 31, was sentenced to 168 months’ imprisonment, 4 years' supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

On September 16, 2012, Running Hawk was stopped for speeding on I-90. Law enforcement subsequently discovered she possessed 50 grams or more of methamphetamine, with the intent to distribute. Running Hawk pled guilty to the charge on February 28, 2013.

This case was investigated by the Drug Administration Enforcement, the Unified Narcotics Enforcement Team, and the South Dakota Highway Patrol. Assistant U.S. Attorney Ted L. McBride prosecuted the case.

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

United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota man was indicted by a federal grand jury for assaulting a woman, fracturing bones in her neck and nose.

Alexander Winter, age 27, was indicted on June 18, 2013 for Assault Resulting in Serious Bodily Injury and Assault Resulting in Substantial Bodily Injury to a Spouse, Intimate Partner, or Dating Partner. Winter appeared before U.S. Magistrate Judge Veronica L. Duffy on June 24, 2013 and pled not guilty to the indictment.

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

The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.

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

United States Attorney Brendan V. Johnson announced that Adrian Wells, age 37, of Pierre, South Dakota appeared before U.S. District Judge Roberto A. Lange on June 25, 2013 and pled guilty to Failure to Register as a Sex Offender. The maximum penalty upon conviction is 10 years in custody, a $250,000 fine, or both; life of supervised release; and $100 to the Federal Crime Victims Fund.

On December 6, 1995, Wells was convicted of Aggravated Sexual Abuse. The Court sentenced Wells to 63 months in custody and five years of supervised release and also ordered that he register as a sex offender.

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

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

A presentence investigation was ordered and a sentencing date was set for September 11, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.

United States Attorney Brendan V. Johnson announced that April Pretends Eagle, age 31, of Fort Yates, North Dakota appeared before U.S. Magistrate Judge Mark A. Moreno on June 25, 2013 and pled guilty to Count III of the Indictment that charged her 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 and an additional term of up to 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 investigation of burglaries in Eagle Butte, South Dakota. Based on information developed during the investigation, a criminal investigator with the Cheyenne River Sioux Tribe obtained a tribal search warrant for co-Defendant Philip LaBatte’s residence, where Pretends Eagle was staying. When law enforcement executed the search warrant, they found at least 250 grams, but less than 1 kilogram, of marijuana along with a scale, rolling papers, and a grinder. LaBatte’s residence was in Eagle Butte.

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 is prosecuting the case.

Pretends Eagle was released on bond pending sentencing which has been set for September 11, 2013.

United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota man was convicted of Assault of a Minor and was sentenced on June 27, 2013 by U.S. Magistrate Judge Mark A. Moreno.

David Roberts, Jr., age 30, was sentenced to 1 year of probation, a $1,000 fine, and a $25 special assessment to the Federal Crime Victims Fund.

Roberts was indicted by a federal grand jury on February 13, 2013 and pled guilty to the charge of Assault of a Minor on April 24, 2013.

The conviction arose from a July 2012 incident in Eagle Butte, when Roberts Jr. became upset at the infant’s behavior and engaged in an open-handed slap to his face. The assault left a large handprint bruise on the baby's cheek.

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

United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota man convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on June 25, 2013 by U.S. District Judge Roberto A. Lange.

Alexis Salgado, age 40, was sentenced to 37 months of imprisonment; a $1,000 fine; 3 years of supervised release; and a $100 special assessment to the Federal Crime Victims Fund.

Salgado was indicted by a federal grand jury on July 18, 2012 and he pled guilty to the charge on April 9, 2013.

The charge stems from an incident wherein a South Dakota Highway Patrol Trooper came upon a vehicle with its hood up sitting on the side of Highway 44. There was smoke coming from under the hood and the vehicle’s hazard lights were on. The Trooper stopped to provide assistance and encountered three men with the vehicle. During the Trooper’s contact with the men, a pack of Newport cigarettes stuffed with a plastic bag containing 12.8 grams of methamphetamine was found near the air intake by the front left fender of the vehicle. Additionally, trace amounts of marijuana were located inside the head band of a baseball cap located in the back seat, and a glass pipe was found in between the rear seat cushions. A urine sample was obtained from Salgado who tested positive for methamphetamine, amphetamine and marijuana.

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

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

United States Attorney Brendan V. Johnson announced that a Mission, South Dakota man convicted of Larceny was sentenced on June 24, 2013 by U.S. District Judge Roberto A. Lange.

Harvey LaPointe, age 62, was sentenced to 18 months’ probation, $4,900 in restitution, and $100 to the Federal Crime Victims Fund.

LaPointe was indicted by a federal grand jury on February 13, 2013 and pled guilty to the charge on April 8, 2013.

The conviction stems from incidents that took place between August 1, 2009, and December 31, 2010, when LaPointe took money and property from the St. Francis Volunteer Fire Department to which he was not entitled.

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 Marie H. Ruettgers.

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

United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota man convicted of Assault With a Dangerous Weapon and Domestic Assault by a Habitual Offender Resulting in Substantial Bodily Injury was sentenced on June 24, 2013 by U.S. District Judge Roberto A. Lange.

Benedict Iron Thunder, Jr. age 36, was sentenced to 38 months imprisonment, 2 years of supervised release, and a $200 special assessment to the Federal Crime Victims Fund.

Iron Thunder was indicted by a federal grand jury in January of 2013, and pled guilty on March 15, 2013.

The conviction stems from an incident on June 18, 2010. On that date, an officer with the Standing Rock Police Department was dispatched to McLaughlin in response to a call of a female being assaulted. Upon arrival, the officer made contact with the victim who stated that she was struck numerous times in the head and kicked repeatedly in the back. As a result of the attack, the victim received a large lump on the top of her head, a swollen and bloody nose, multiple injuries to the mouth, and various bruises on her body. Also visible in the pictures were the bloody footprints of her attacker on her back.

The Defendant has been found guilty on two or more separate prior occasions for offenses that would have been, if subject to federal jurisdiction, an assault against a spouse and intimate partner. Both of the previous assaults involved this same victim.

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

Iron Thunder was remanded to the custody of the U.S. Marshal Service to begin serving his sentence.

United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota man convicted of Assault With a Dangerous Weapon and Domestic Assault by a Habitual Offender Resulting in Substantial Bodily Injury was sentenced on June 24, 2013 by U.S. District Judge Roberto A. Lange.

Benedict Iron Thunder, Jr. age 36, was sentenced to 38 months imprisonment, 2 years of supervised release, and a $200 special assessment to the Federal Crime Victims Fund.

Iron Thunder was indicted by a federal grand jury in January of 2013, and pled guilty on March 15, 2013.

The conviction stems from an incident on June 18, 2010. On that date, an officer with the Standing Rock Police Department was dispatched to McLaughlin in response to a call of a female being assaulted. Upon arrival, the officer made contact with the victim who stated that she was struck numerous times in the head and kicked repeatedly in the back. As a result of the attack, the victim received a large lump on the top of her head, a swollen and bloody nose, multiple injuries to the mouth, and various bruises on her body. Also visible in the pictures were the bloody footprints of her attacker on her back.

The Defendant has been found guilty on two or more separate prior occasions for offenses that would have been, if subject to federal jurisdiction, an assault against a spouse and intimate partner. Both of the previous assaults involved this same victim.

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

Iron Thunder was remanded to the custody of the U.S. Marshal Service to begin serving his sentence.

United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota man convicted of Assaulting, Resisting and Impeding a Federal Officer was sentenced on June 25, 2013 by U.S. Magistrate Judge Mark A. Moreno.

Marty LaRoche, age 20, was sentenced to 1 year probation and a $25 special assessment to the Federal Crime Victims Fund. LaRoche is to undergo substance abuse treatment and anger management treatment.

LaRoche was indicted for the above charge by a federal grand jury on March 13, 2013, and pled guilty to an Information on April 25, 2013.

The charge stems from an incident on February 8, 2013, wherein Marty LaRoche, and his sister Lauren LaRoche, did forcibly assault, resist, oppose, impede, intimidate, and interfere with an officer, constituting simple assault. During the incident, LaRoche actively tried to interfere and prevent the arrest of his sister. Lauren LaRoche previously pled guilty and was sentenced on May 15, 2013.

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