District of South Dakota

United States Attorney Brendan V. Johnson announced that a Rosebud, 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.

Myron Dubray, age 26, was sentenced to 60 months of imprisonment to be served consecutively with the term from a previous Pennington County felony; a $1,000 fine; 4 years of supervised release; and a $100 special assessment to the Federal Crime Victims Fund.

Dubray was indicted for the above charge by a federal grand jury on August 22, 2012 and pled guilty on April 3, 2013. The charge stems from an incident occurring on March 21, 2012, wherein Dubray was inside a house searched by law enforcement and officers found over 50 grams of methamphetamine, a Scheduled II controlled substance, on Dubray. When interviewed by law enforcement, Dubray admitted to selling methamphetamine in the past.

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

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

United States Attorney Brendan V. Johnson announced that Dancing Bull Fischer, age 24, of Wagner, South Dakota appeared before U.S. District Judge Karen E. Schreier on June 26, 2013 and pled guilty to the charges of Second Degree Murder and Assault with Intent to Commit Murder.

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

The conviction stems from an incident that took place on November 27, 2012 when Dancing Bull Fischer shot Anthony Fischer, Sr. at close range killing him, and also shot and wounded Dominic Fischer while at a house party in the Wagner area.

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

A presentence investigation was ordered and a sentencing date has been set for September 23, 2013. The defendant remains in the custody of the U.S. Marshal pending sentencing.

United States Attorney Brendan V. Johnson announced that a Holland, Michigan man has been charged with Lacey Act Violations by an Information filed April 4, 2013.

Donald Israels, age 46, appeared before U.S. Magistrate Judge John E. Simko on June 17, 2013 and pled guilty to Counts I and II the Information. Israels was sentenced to 1 year unsupervised probation, a $5,000 fine, $2,000 in restitution, and $50 special assessment to the Federal Crime Victims Fund.

The charges stem from two incidents occurring in November 2010 and 2011, in which Israels did knowingly transport, sell, receive, and acquire two white-tailed deer in interstate commerce from South Dakota to Michigan. Israels did not have a hunting license for the deer he killed.

The investigation was conducted by the U.S. Fish and Wildlife Service. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

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

Adjoni Jones, a/k/a Adjoni Archambault, age 33, was indicted on June 12, 2013 for Distribution of a Controlled Substance to a Person under the Age of 21, Distribution of a Controlled Substance, and Child Abuse and Neglect. Jones appeared before U.S. Magistrate Judge William D. Gerdes on June 20, 2013, and pled not guilty to the Indictment.

The maximum penalty upon conviction is 15 years of imprisonment, a $250,000 fine, or both; at least 4 years of supervised release, an additional 2 years of supervised release upon revocation; and a mandatory $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.

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

The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.

Jones 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 McLaughlin, South Dakota man has been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury against a child.

Brett Charles Roach, age 25, was indicted by a federal grand jury on June 12, 2013. He appeared before U.S. Magistrate Judge William D. Gerdes on June 20, 2013 and pled not guilty to the Indictment.

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

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

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

Roach was released on bond pending trial. 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 B. Wind, a/k/a Patrick Azure, age 21, was indicted by a federal grand jury on June 12, 2013 for Assaulting, Resisting and Impeding Federal Officers. Azure appeared before U.S. Magistrate Judge Mark A. Moreno on June 21, 2013 and pled not guilty to the Indictment.

The maximum penalty upon conviction is 20 years of imprisonment, a $250,000 fine, or both; 3 years of supervised release, an additional 2 years of supervised release upon revocation; and a mandatory $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.

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

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

Azure 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 Winner, South Dakota man convicted of Prohibited Person in Possession of a Firearm was sentenced on June 24, 2013 by U.S. District Judge Roberto A. Lange.

Joshua Felix, age 39, was sentenced to 4 months in custody, 4 months of home confinement, and $100 to the Federal Crime Victims Fund.

Felix was indicted by a federal grand jury on January 16, 2013 and pled guilty to the charge on April 2, 2013.

Felix was convicted of domestic violence simple assault on June 15, 2004 in Tripp County. Due to that previous domestic violence conviction, Felix was prohibited from possessing firearms by operation of federal law. On March 15, 2012, Tripp County law enforcement was investigating a disturbance and found Felix to be in possession of a rifle.

The investigation was conducted by the Tripp County Sheriff’s Office and the Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Tim Maher.

Felix 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 Third Degree Burglary and Aiding and Abetting was sentenced on June 24, 2013 by U.S. District Judge Roberto A. Lange.

Justin Lee Gabriel, age 21, was sentenced to 21 months in custody, 2 years of supervised release, $2,600 in restitution, and $100 to the Federal Crime Victims Fund.

Gabriel was indicted by a federal grand jury on December 11, 2012 and pled guilty to the charge on February 6, 2013.

The conviction stems from an incident that took place on September 6, 2012, when Gabriel broke in to the Prairie Hills Square golf course and took U.S. currency from the business.

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

Gabriel was remanded to the custody of the U.S. Marshals.

United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota man convicted of Interstate Transportation of a Stolen Motor Vehicle was sentenced on June 24, 2013 by U.S. District Judge Roberto A. Lange.

Alec Arapahoe, age 20, was sentenced to 9 months in custody, 18 months of supervised release, $6,419.48 in restitution, and $100 to the Federal Crime Victims Fund.

Arapahoe was indicted by a federal grand jury on August 22, 2011 and pled guilty to the charge on April 2, 2013.

The conviction stems from an incident that took place on July 3, 2011, when Arapahoe stole a pickup truck from Colorado and drove the vehicle from Colorado to South Dakota and onto the Rosebud Sioux Indian Reservation.

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

Arapahoe was remanded to the custody of the U.S. Marshals.

United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota man convicted of Assault on a Federal Officer was sentenced on June 21, 2013 by Chief Judge Jeffrey L. Viken, United States District Court.

Jess Raymond Young, age 36, was sentenced to 30 months’ imprisonment, 2 years’ supervised release, and ordered to pay $100 to the Federal Crime Victims Fund.

On November 21, 2012, while in custody at the Oglala Sioux Tribal Jail in Pine Ridge, Young shoved a correctional officer against the wall and bit her multiple times. He pled guilty on March 21, 2013.

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

United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota man convicted of Assault on a Federal Officer was sentenced on June 21, 2013 by Chief Judge Jeffrey L. Viken, United States District Court.

Jess Raymond Young, age 36, was sentenced to 30 months’ imprisonment, 2 years’ supervised release, and ordered to pay $100 to the Federal Crime Victims Fund.

On November 21, 2012, while in custody at the Oglala Sioux Tribal Jail in Pine Ridge, Young shoved a correctional officer against the wall and bit her multiple times. He pled guilty on March 21, 2013.

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

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

Mitchell Stoneman, age 22, was sentenced to 36 months in custody, 2 years of supervised release, $4,445 in restitution, and $100 to the Federal Crime Victims Fund.

Stoneman was indicted by a federal grand jury on November 15, 2013 and pled guilty to the charge on April 8, 2013.

The conviction stems from an incident that took place on October 11, 2012, when Stoneman assaulted the victim with a bat and rock, with intent to do bodily harm to 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.

Stoneman was remanded to the custody of the U.S. Marshals.

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

Joseph R. Blue Bird, age 26, was indicted on September 19, 2012, and appeared before U.S. Magistrate Judge Mark A. Moreno on June 19, 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; a mandatory minimum of 5 years up to life of supervised release and an additional mandatory minimum of 5 years up to life of supervised release upon revocation. Restitution and a $100 special assessment to the Federal Crime Victims Fund may also be ordered.

The charge is merely an accusation and Blue Bird 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 Troy R. Morley is prosecuting the case.

Blue Bird 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 Kaleb Mills, age 19, of Pine Ridge, South Dakota has pled guilty to two separate charges.

Mills appeared before U.S. Magistrate Judge Veronica L. Duffy on June 17, 2013 and pled guilty to Abusive Sexual Contact. The maximum penalty upon conviction is 3 years' imprisonment and/or a $250,000 fine.

In April of 2012 at Pine Ridge, Mills engaged in sexual contact with a woman who was not willing and repeatedly voiced her objection. She was in fear of being physically harmed by Mills.

In an additional plea on June 17, 2013, Mills pled guilty to Assault on a Federal Officer. The maximum penalty upon conviction is 1 year of imprisonment and/or a $100,000 fine.

That charge stems from a May 2012 incident at Pine Ridge, when Mills bumped an Oglala Sioux Tribal Officer with his vehicle after the officer stopped him for speeding.

The investigation for both cases was conducted by the Bureau of Indian Affairs Office of Justice Services and the Oglala Sioux Tribe Department of Public Safety. Both cases were prosecuted by Assistant U.S. Attorney Sarah B. Collins.

A presentence investigation was ordered and sentencing dates 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 on June 20, 2013, Alex Lee Salway, age 54, of Martin, South Dakota was found guilty by a federal jury in U.S. District Court on two counts of Distribution of a Controlled Substance

Each charge carries a maximum sentence of 40 years’ imprisonment, a $2,000,000 fine, or both.

Salway was indicted by a federal grand jury on June 19, 2012 as part of Operation Prairie Pharm, a controlled substance investigation that resulted in 12 individuals being indicted for drug distribution offenses in Bennett County.

The charges against Salway stem from him selling and distributing morphine pills, within 1,000 feet of a public elementary school in Martin, on two separate occasions on January 27, 2012.

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

Salway remains in the custody of the U.S. Marshal. A sentencing date has not been set.

United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota man has been indicted by a federal grand jury for Possession of Child Pornography.

Jeremy Gunhammer, age 20, was indicted by a federal grand jury on June 12, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 19, 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; life of supervised release; and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

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

The investigation is being conducted by the Federal Bureau of Investigation, South Dakota Division of Criminal Investigation, South Dakota Internet Crimes Against Children Task Force, Rosebud Sioux Tribe Law Enforcement Services, Bureau of Indian Affairs, Pennington County Sheriff’s Office, Rapid City Police Department, Sioux Falls Police Department and the U.S. Marshals Service.

U.S. Attorney Brendan Johnson and Assistant U.S. Attorneys Tim Maher and Sarah Collins are prosecuting the case.

Gunhammer 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 Mission, South Dakota man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.

Francisco Maldonado, age 40, was indicted by a federal grand jury on June 12, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 19, 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; life of supervised release; and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

The charge is merely an accusation and Maldonado 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.

Maldonado 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 Jaron Anderson, age 22, of Brookings, South Dakota appeared before U.S. Magistrate Judge John E. Simko on June 17, 2013 and pled guilty to Count V of the Information that charged him with Unlawful Taking of Migratory Birds and Lacey Act violations.

The maximum penalty upon conviction is 1 year of imprisonment, a $100,000 fine, or both; 1 year of supervised release; an additional year of supervised release upon revocation; and a $25 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.

The charge stems from an incident wherein Anderson, along with a group of friends known as “Team Those Guys,” hunted between November 24, 2012 and November 29, 2012 in Miner County, South Dakota. Anderson illegally killed 65 geese using an electronic device. Anderson admitted he knew it was illegal to use said device while goose hunting during that time of the year. After killing the geese, they were transported from the field to various locations by Anderson and others in violation of federal law.

The investigation was conducted by the U.S. Fish & Wildlife Service. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

Anderson was released on bond pending sentencing which has been set for August 19, 2013.

United States Attorney Brendan V. Johnson announced that Ashley Vanderwalker, age 24, of White River, South Dakota appeared before U.S. Magistrate Judge Mark A. Moreno on June 17, 2013, and pled guilty to Simple Assault and Aiding and Abetting.

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

The conviction stems from an incident that took place on 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 is being prosecuted by Assistant U.S. Attorney Marie H. Ruettgers.

A presentence investigation was ordered and a sentencing date was set for August 12, 2013. The defendant was released pending sentencing.

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

Marissa Sitting Dog, age 25, was indicted by a federal grand jury on June 12, 2013 for Child Abuse and Neglect. Sitting Dog appeared before U.S. Magistrate Judge William D. Gerdes and pled not guilty to the Indictment.

The maximum penalty upon conviction is 15 years of imprisonment, a $250,000 fine, or both; 3 years of supervised release and an additional 2 years of supervised release upon revocation. Restitution and a $100 special assessment to the Federal Crime Victims Fund may also be ordered.

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

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

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

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

Joe S. Romero, age 42, was indicted by a federal grand jury on January 8, 2013 for failing to pay over $33,601.00 in past due child support. He appeared before U.S. Magistrate Judge John E. Simko on June 17, 2013 and pled not guilty to the indictment.

The maximum penalty upon conviction is two years imprisonment; a $250,000.00 fine; one year supervised release; one additional year upon revocation; a $100.00 assessment fee to the Federal Crime Victims Fund; and child support restitution amount owing at the time of sentencing.

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

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

Romero was remanded to the custody of the U.S. Marshal. A trial date has not been set.

United States Attorney Brendan V. Johnson announced that Koty Arcoren, age 21, of St. Francis, South Dakota appeared before U.S. District Judge Roberto A. Lange on June 13, 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 February 28, 2011, Arcoren was convicted of Abusive Sexual Contact. The Court sentenced Arcoren to 31 months in custody, seven years of supervised release, and was ordered to register as a sex offender.

Arcoren began his term of supervised release and absconded from his release on April 12, 2013. During the time he absconded from supervised release until he was apprehended in Todd County on April 29, 2013, he failed to complete his bi-annual sex offender registration requirement.

The investigation was conducted by the U.S. Marshals Service. 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 9, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.

United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota woman convicted of false statement was sentenced on June 11, 2013 by Chief Judge Jeffrey L. Viken, U.S. District Court.

Natalie White Plume, a/k/a Natalie Lame, age 36, was sentenced to 2 years of probation and ordered to pay $15,611 in restitution, and $100 to the Federal Crime Victims Fund.

White Plume was indicted for false statement by a federal grand jury on November 19, 2012. The charge relates to White Plume not disclosing all of her income on her Economic Assistance Application for Temporary Assistance to Needy Families (TANF) and in her application for the Supplemental Nutrition Assistance Program (SNAP). White Plume pled guilty to the charge on March 8, 2013.

This case was investigated by South Dakota Department of Social Services.

United States Attorney Brendan V. Johnson announced that Emmanuel Lee Warrior, a/k/a Mani Warrior, age 23, of Pine Ridge, South Dakota appeared before U.S. Magistrate Judge Veronica L. Duffy on June 13, 2013 and pled guilty to Arson.

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

In July 2012, Warrior intentionally set fire to a pile of clothing in another person’s trailer, burning the trailer down.

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

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 Zachary Poorman, age 25, of Mission, South Dakota appeared before U.S. District Judge Roberto A. Lange on June 13, 2013 and pled guilty to Aggravated 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 October 29, 2013, when Poorman sexually abused the victim by force.

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 September 9, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.

United States Attorney Brendan V. Johnson announced that a man has been indicted by a federal grand jury for allegedly engaging in and attempting to engage in a sexual act with a female child between January 2007 and December 2008 near Kyle, South Dakota.

Charles Anaya, age 42, was indicted by a federal grand jury on May 21, 2013 for aggravated sexual abuse. Anaya appeared before U.S. Magistrate Judge Veronica L. Duffy on June 12, 2013 and pled not guilty to the indictment.

The maximum penalty upon conviction is up to life imprisonment and a $250,000 fine. The charge is merely an accusation and Anaya is presumed innocent until and unless proven guilty.

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

Anaya was remanded to the custody of the U.S. Marshal. A trial date has been set for August 20, 2013.

United States Attorney Brendan V. Johnson announced that a Hull, Iowa man convicted of commercial sex trafficking was sentenced on June 17, 2013 by U.S. District Judge Karen E. Schreier.

Ronald Bonestroo, age 59, was sentenced to 10 years in custody, 5 years of supervised release, and $100 to the Federal Crime Victims Fund.

Bonestroo was indicted by a federal grand jury on March 2, 2011. On November 8, 2011 he was convicted by a federal jury on the charge of commercial sex trafficking.

The conviction stems from an incident that took place on February 10, 2011 when Bonestroo replied to an online advertisement posted by undercover police officers. Bonestroo arranged to pay for sex with what he believed would be two 14-year-old girls in Sioux Falls. He was arrested after he arrived at the undercover location. After a one-day trial, a federal jury found Bonestroo guilty of commercial sex trafficking.

On January 4, 2012, U.S. District Judge Karen E. Schreier issued an Order Granting Defendant’s Motion for Judgment of Acquittal and released Bonestroo from custody. The Government appealed that decision to the Eighth Circuit Court of Appeals. On January 7, 2013 the Eighth Circuit Court of Appeals entered a Judgment reversing the U.S. District Court’s Judgment of Acquittal and reinstated Bonestroo’s conviction.

The investigation was conducted by the U.S. Immigration and Customs Enforcement's Homeland Security Investigations, the South Dakota Internet Crimes Against Children Task Force, the South Dakota Division of Criminal Investigation, the Minnehaha County Sheriff's Office, and the Sioux Falls Police Department. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case. Bonestroo was remanded to the custody of the U.S. Marshal.

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

United States Attorney Brendan V. Johnson announced that Phillip LaBatte, age 24, of Eagle Butte, South Dakota appeared before U.S. District Judge Roberto A. Lange on June 13, 2013 and pled guilty to Count III of 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; 2 years of supervised release and an additional 2 years of supervised release upon revocation. Restitution and a $100 special assessment to the Federal Crime Victims Fund may also be ordered.

The charge stems from the investigation of burglaries in Eagle Butte, where a Cheyenne River Sioux Tribe detective learned that several juveniles committed the burglaries. Based on the investigation, the detective obtained a tribal search warrant for LaBatte’s residence. 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.

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

LaBatte was remanded to the custody of the U.S. Marshals Service pending sentencing which has been set for August 29, 2013.

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

Sylvan Charles Brown, age 30, was indicted by a federal grand jury on March 13, 2013 for Distribution of a Controlled Substance. Brown appeared before U.S. Magistrate Judge Mark A. Moreno on June 13, 2013 and pled not guilty to the Indictment.

The maximum penalty upon conviction is 40 years of imprisonment, a $2,000,000 fine, or both; a mandatory period of at least 6 years of supervised release, an additional 4 years of supervised release upon revocation; and a mandatory $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.

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

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

Brown 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 Thomas Tatar, age 27, of Banning, California appeared before U.S. District Judge Roberto A. Lange on June 13, 2013 and pled guilty to Use of Interstate Facilities to Transmit Information about a Minor. The maximum penalty upon conviction is 5 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 incidents that took place between March 27, 2012 and May 15, 2012, when Tatar, who was living in California, had multiple communications with a minor girl from South Dakota. The conversations took place over the internet and affected interstate commerce. Despite knowing that the victim was a minor, Tatar exchanged information with her, including phone numbers, names, and email addresses for the purpose of engaging in a relationship with her and soliciting child pornography from her. The Defendant made repeat requests that the minor photograph herself or video herself and produce material depicting a minor engaging in sexually explicit conduct or child pornography.

The investigation was conducted by the Federal Bureau of Investigation, the South Dakota Division of Criminal Investigation, and the Riverside County District Attorney’s Office of California. 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 10, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.

United States Attorney Brendan V. Johnson announced that an Allen, South Dakota man was indicted by a federal grand jury for allegedly killing an eleven-month old boy by fracturing his skull and for abusing two other young children.

Michael Dean Dubray, 30, was indicted on June 11, 2013, for First Degree Murder and Felony Child Abuse and Neglect. He appeared before U.S. Magistrate Judge Veronica L. Duffy on June 12, 2013 and pled not guilty to the indictment. The penalty upon conviction is mandatory life imprisonment and/or a $250,000 fine.

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

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

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

United States Attorney Brendan V. Johnson announced that Jeffery Jessop, age 51, of Presho, South Dakota appeared before U.S. Magistrate Judge Mark A. Moreno on June 12, 2013 and pled guilty to the charge of Unlawful Taking of Bald and Golden Eagles and Migratory Birds.

Jessop was sentenced to 1 year unsupervised probation, a $35 special assessment to the Federal Crime Victims Fund, and restitution in the amount of $56,250.

Jessop was indicted by a federal grand jury on January 16, 2013. The charges stem from an incident occurring between September 28, 2009 and September 28, 2012, wherein Jessop illegally shot and killed at least three mature Bald and Golden Eagles and at least 15 Hawks at his ranch in Lyman County, South Dakota. Jessop illegally killed these federally protected birds with three firearms that have been forfeited. After killing the birds, Jessop would burn the remains and then dump them in a trash pit on his property.

The investigation was conducted by the Fish and Wildlife Service and Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

United States Attorney Brendan V. Johnson announced that a Presho, South Dakota man convicted of Felon and Drug User in Possession of a Firearm was sentenced on June 13, 2013 by U.S. District Judge Roberto A. Lange.

Clint Brown, age 36, was sentenced to 51 months in custody, 2 years of supervised release, and $100 to the Federal Crime Victims Fund.

Brown was indicted by a federal grand jury on August 22, 2012 and pled guilty to the charge on April 1, 2013.

In 2004, Brown had previously been convicted of 3 felony offenses arising out of conduct occurring in Lyman County and Pennington County. On August 17, 2012, Brown was arrested by state authorities and it was determined he possessed two firearms, a 12-gauge shotgun and a 22-caliber rifle. It was also determined that he had been using methamphetamine and numerous items of drug paraphernalia were found in his Lyman County home.

State charges are still pending in Lyman County related to the August 17, 2012 arrest.

The investigation was conducted by the Lyman County Sheriff’s Office; the South Dakota Division of Criminal Investigations; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Northern Plains Safe Trails Drug Enforcement Task Force; the South Dakota Forensic Laboratory; the South Dakota Public Health Laboratory; and the Federal Bureau of Investigation. The case was prosecuted by Assistant U.S. Attorneys Tim Maher and Kathryn Rich.

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

United States Attorney Brendan V. Johnson announced that Tara Makes Room For Them, age 19, of Mission, South Dakota appeared before U.S. District Judge Roberto A. Lange on June 12, 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 Makes Room For Them 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 August 28, 2013. The defendant was released from custody until July 2, 2013, when she must self-report to the custody of the U.S. Marshal.

United States Attorney Brendan V. Johnson announced that William Robertson, age 21, of Mission, South Dakota appeared before U.S. District Judge Roberto A. Lange on June 12, 2013 and pled guilty to Count III of an 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 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 October 4, 2012. The Defendant and the victim began an argument which escalated into a physical altercation. The Defendant grabbed a wooden guitar and began striking the victim about the head and body with the guitar. The victim managed to get away from the Defendant and sought treatment for her injuries.

The investigation was conducted by the Rosebud Sioux Tribe and Assistant U.S. Attorney Troy R. Morley prosecuted the case.

Robertson was released on bond pending sentencing which has been set for August 27, 2013.

United States Attorney Brendan V. Johnson announced that Donald J. Lorenzen, a/k/a Donnie J. Lorenzen, Donald L. Lorenzen, age 48, of Moorehead, Minnesota appeared before U.S. District Judge Charles B. Kornmann on June 10, 2013 and pled guilty to two counts of Failure to Pay Legal Child Support.

The maximum penalty upon conviction is two 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.

Lorenzen was ordered to pay $145.00 per month for his minor child, commencing August 1, 1993. At the time of Indictment, he had not made a child support payment since May of 2008, and the total arrearage amount on both counts was $30,833.49.

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 September 23, 2013. The defendant was released on bond pending sentencing.

United States Attorney Brendan V. Johnson announced that Doreen Amiotte, age 48, of Hermosa, South Dakota appeared before U.S. District Judge Roberto A. Lange on June 12, 2013 and pled guilty to Misprision of Felony.

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

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

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

A presentence investigation was ordered and a sentencing date was set for September 9, 2013. The defendant was released pending sentencing.

United States Attorney Brendan V. Johnson announced that a Fort Thompson, South Dakota man convicted of Felon in Possession of a Firearm was sentenced on June 12, 2013 by U.S. District Judge Roberto A. Lange.

Samuel Redwater, age 22, was sentenced to 24 months of imprisonment; 2 years of supervised release; and a $100 special assessment to the Federal Crime Victims Fund.

Redwater was indicted by a federal grand jury on January 16, 2013 and pled guilty to the above offense on March 28, 2013. The charge stems from an incident wherein Redwater, on or about December, 19, 2012, having been previously convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly possessed a firearm which had been previously shipped and transported in interstate and foreign commerce.

The investigation was conducted by the South Dakota Highway Patrol, Bureau of Alcohol, Tobacco, Firearms and Explosives, Northern Plains Safe Trails Drug Enforcement Task Force, and the Chamberlain City Police. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.

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

United States Attorney Brendan V. Johnson announced that Jacob H. Lehnherr, age 38, of Little Rock, Arkansas appeared before U.S. District Judge Karen E. Schreier on June 10, 2013 and pled guilty to Failure to Pay Legal Child Support.

The maximum penalty upon conviction is two 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.

Lehnherr was ordered by the Second Judicial Circuit Court, Minnehaha County, South Dakota to pay $346.67 per month for his minor child, commencing May 1, 2001. At the time of indictment, he had made payments in June and July of 2012, but prior to that he had not made a child support payment since July of 2010.

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 August 29, 2013. The defendant was released on bond pending sentencing.

United States Attorney Brendan V. Johnson announced that a Bismarck, North Dakota man convicted of Conversion of Farm Service Agency Mortgaged Property was sentenced on June 12, 2013 by U.S. District Judge Roberto A. Lange.

Wroper Kosel, age 25, was sentenced to 12 months of probation, a $2,400 fine, and a $100 special assessment to the Federal Crime Victims Fund.

Kosel was indicted by a federal grand jury in November of 2012. The conviction stems from an incident that occurred in March of 2010 where the Defendant sold, without permission or notification to Farm Service Agency, nine head of cattle that were security for loans Kosel had with the Farm Service Agency, a division of the Department of Agriculture.

The investigation was conducted by the Office of Inspector General for the United States Department of Agriculture. The case was prosecuted by Assistant U.S. Attorney Mikal Hanson.

United States Attorney Brendan V. Johnson announced that a Cushing, Iowa woman has been indicted by a federal grand jury.

Dana Hoover, a/k/a Dana Strawn, age 51, was indicted by a federal grand jury on May 15, 2013 for Distribution of a Controlled Substance. Hoover appeared before U.S. Magistrate Judge Mark A. Moreno on June 11, 2013, and pled not guilty to the Indictment.

The maximum penalty upon conviction is 20 years of imprisonment, a $1,000,000 fine, or both; a mandatory period of at least 3 years up to life on supervised release, an additional 2 years of supervised release upon revocation; and a mandatory $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.

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

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

Hoover was remanded to the custody of the U.S. Marshals Service. A trial date has been set for July 30, 2013.

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

Aadam Tiger, age 29, was indicted by a federal grand jury on November 15, 2012 for Possession with Intent to Distribute a Controlled Substance. Tiger appeared before U.S. Magistrate Judge Mark A. Moreno on June 11, 2013 and pled not guilty to the Indictment. The maximum penalty upon conviction is 5 years of imprisonment, a $250,000 fine, or both; 2 years of supervised release, an additional 2 years of supervised release upon revocation; and a mandatory $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.

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

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

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

United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota woman has been indicted by a federal grand jury for Domestic Assault by Habitual Offender and Assault with a Dangerous Weapon.

Myra Ree, age 24, was indicted by a federal grand jury on May 15, 2013. She appeared before U.S. Magistrate Judge Mark A. Moreno on June 10, 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 Ree 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.

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

United States Attorney Brendan V. Johnson announced that Tyson Red Elk, age 23, of Wanblee, South Dakota appeared before U.S. Magistrate Judge Veronica L. Duffy on May 30, 2013 and pled guilty to Conspiracy to Distribute a Controlled Substance. The maximum penalty upon conviction is 5 years of imprisonment and/or a $250,000 fine.

Between January 2012 and continuing to July 24, 2012, Red Elk conspired to distribute marijuana in South Dakota.

The investigation was conducted by the Bureau of Indian Affairs Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety, Northern Plains Safe Trails Drug Enforcement Task Force, and Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Ted McBride.

A presentence investigation was ordered and a sentencing date was set for September 27, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.

United States Attorney Brendan V. Johnson announced that a Waco, Texas man convicted of Conversion of Public Money, Property or Records has pled guilty to the charges and was sentenced on June 7, 2013 by U.S. Magistrate Judge Mark A. Moreno.

William Linthicum, age 23, was sentenced to $2,700 in restitution ($700 to the Bureau of Indian Affairs (BIA) and $2,000 to the Rosebud Sioux Tribe Forestry/Fire Program), a $2,000 fine and a special assessment of $25 to the Federal Crime Victims Fund.

The conviction stems from an incident that took place on July 31, 2012 when Linthicum used a BIA computer and vehicle for personal use by persuading BIA Firefighting management that he was investigating wild fires on the Rosebud Indian Reservation.

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

United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota man convicted of Escape from Custody was sentenced on June 7, 2013 by Chief Judge Jeffrey L. Viken, U.S. District Court.

Justin Lee Gabriel, age 21, was sentenced to 12 months of imprisonment and ordered to pay $100 to the Federal Crime Victims Fund.

Gabriel was indicted for Escape from Custody by a federal grand jury on September 25, 2012. On August 18, 2012 Gabriel left the Community Alternatives of the Black Hills and did not return. Gabriel pled guilty on January 28, 2013.

This case was investigated by the U.S. Marshals Service. Gabriel was immediately turned over to the custody of the U.S. Marshal.

United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota man was indicted by a federal grand jury for Distribution of a Controlled Substance and Possession of a Firearm in Furtherance of a Drug Trafficking Crime.

Jay Paul Gallego, age 27, was indicted on January 23, 2013 for distribution of cocaine and methamphetamine, and possession of firearms in furtherance of the drug trafficking crime of methamphetamine. He appeared before U.S. Magistrate Judge Veronica L. Duffy on May 17, 2013 and pled not guilty to the indictment.

The maximum penalty upon conviction is up to life imprisonment and/or $1,000,000 fine. The charge is merely an accusation and Gallego is presumed innocent until and unless proven guilty.

The investigation is being conducted by the Northern Plains Safe Trails Task Force, Federal Bureau of Investigation, and Rapid City Police Department. Special Assistant U.S. Attorney Laura A. Shattuck is prosecuting the case.

Gallego was remanded to the custody of the U.S. Marshal. A trial date has been set for July 23, 2013.

United States Attorney Brendan V. Johnson announced that William Clifford, age 24, of Pine Ridge, South Dakota was found guilty by a federal jury on May 17, 2013 of Assault Resulting in Serious Bodily Injury and Simple Assault. Co-defendant King Martinez, age 23, of Wounded Knee, was acquitted of the charges.

On October 23, 2012, Clifford and Martinez were indicted for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury alleged to have occurred at Pine Ridge on October 16, 2012.

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

Clifford was remanded to the custody of the U.S. Marshal pending sentencing.

United States Attorney Brendan V. Johnson announced that an Oglala, South Dakota woman convicted of Possession of a Stolen Firearm was sentenced on June 7, 2013 by Chief Judge Jeffrey L. Viken, U.S. District Court.

Larena Pipe on Head, age 27, was sentenced to 8 months of imprisonment, 3 years’ supervised release and ordered to pay $100 to the Federal Crime Victims Fund.

In October 2012, Pipe on Head stole a Colt .45 caliber handgun from a man she met at a bar in Rapid City. She pled guilty on January 29, 2013.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Rapid City Police Department. Assistant U.S. Eric Kelderman prosecuted the case.

United States Attorney Brendan V. Johnson announced that a Mission, South Dakota man convicted of Escape from Custody was sentenced on May 29, 2013 by Chief Judge Jeffrey L. Viken, U.S. District Court.

Bryce Allan Larvie, a/k/a Bryce Allen Larvie, age 22, was sentenced to 18 months’ imprisonment, 1 year supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

On April 25, 2011, Larvie was sentenced to 24 months of custody in Federal District Court on a supervised release revocation from a 2009 Destruction of an Energy Facility conviction. On June 6, 2012, Larvie was transferred to the Community Alternatives of the Black Hills (CABH) facility in Rapid City to serve out the remainder of his sentence, which was scheduled to end on December 2, 2012. On July 20, 2012, Larvie left the CABH facility without permission and did not return. Larive pled guilty to the escape charge on December 28, 2012.

This case was investigated by U.S. Marshals Service. Special Assistant U.S. Attorney Laura A. Shattuck prosecuted the case.

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