FEDERAL DISTRICT ARCHIVE
District of South Dakota
Press releases recorded for this federal judicial district.
Minnesota Man Sentenced for Sexual Assault of A MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that a Minneapolis, Minnesota man convicted of sexual assault of a minor was sentenced on May 31, 2013 by Chief Judge Jeffrey L. Viken, U.S. District Court.
Adam Standing Soldier, age 25, was sentenced to 37 months’ imprisonment, 5 years' supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
On February 5, 2012 Standing Soldier engaged in a sexual act with a minor. The offense occurred in South Dakota. Standing Soldier pled guilty to the charge on February 14, 2013.
This case was investigated by the Federal Bureau of Investigation. Special Assistant U.S. Attorney Laura A. Shattuck prosecuted the case.
Standing Soldier was immediately remanded to the custody of the Federal Bureau of Prisons.
Martin Man Sentenced for Distribution of A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that a Martin, South Dakota man convicted of Distribution of a Controlled Substance was sentenced on May 29, 2013 by Chief Judge Jeffrey L. Viken, U.S. District Court.
Ashley Cottier, age 36, was sentenced to time served, 3 years' supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
On June 6, 2012, Cottier distributed a prescription drug, Fentanyl, at Martin, South Dakota. Cottier pled guilty to the charge on January 28, 2013.
This case was investigated by the Bureau of Indian Affairs Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, the Northern Plains Safe Trails Drug Enforcement Task Force, the Martin Police Department, and the South Dakota Division of Criminal Investigation. Special Assistant U.S. Attorney Laura A. Shattuck prosecuted the case.
Manderson Man Sentenced for Manufacturing of MethamphetamineRead the Press Release
United States Attorney Brendan V. Johnson announced that a Manderson, South Dakota man convicted of Manufacturing a Controlled Substance was sentenced on June 3, 2013 by Chief Judge Jeffrey L. Viken, U.S. District Court.
Fred Dale West, Jr., age 42, was sentenced to 16 months’ imprisonment, 3 years' supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
West had been manufacturing methamphetamine at a rural location in the Manderson area from approximately November 2011 until June 9, 2012, when his chemicals and equipment were seized by law enforcement. He pled guilty to the charge on February 4, 2013.
This case was investigated by the Bureau of Indian Affairs Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, the Northern Plains Safe Trails Drug Enforcement Task Force, and the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Ted L. McBride prosecuted the case.
West was immediately turned over to the custody of the U.S. Marshal.
Allen Man Pleads Guilty to Stabbing A Female with A Knife and Assaulting Her with A BatRead the Press Release
United States Attorney Brendan V. Johnson announced that Curtis Dupris, age 32, of Allen, South Dakota appeared before U.S. Magistrate Judge Veronica L. Duffy on May 30, 2013 and pled guilty to two charges of Assault with a Dangerous Weapon.
The maximum penalty upon conviction for each charge is life imprisonment and a $250,000 fine. One charge relates to Dupris stabbing a female several times with a knife at an Allen home on February 23, 2013. The other charge relates to Dupris assaulting her with a bat between February and April of 2012.
The investigation was conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.
A presentence investigation was ordered and a sentencing date was set for October 7, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
White River Man Charged with Assaulting A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a White River, South Dakota man has been indicted by a federal grand jury for Assaulting a Federal Officer.
Anthony Black Wolf, age 25, was indicted by a federal grand jury on May 15, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 4, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is up to 8 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 Black Wolf is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Marie H. Ruettgers is prosecuting the case.
Black Wolf was remanded to the custody of the U.S. Marshal pending trial. A trial date has not been set.
Wanblee Man Indicted for AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that a Wanblee, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Lionel Between Lodges, age 25, was indicted by a federal grand jury on May 15, 2013. He appeared before US Magistrate Judge Mark A. Moreno on May 31, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 10 years of custody; a $250,000 fine, or both; 3 years of supervised release; a $100 special assessment on each count; and restitution.
The charges relate to the alleged assault of an Eagle Butte man in March of 2010. The charges are merely accusations, and Between Lodges is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.
Between Lodges was released on bond pending trial. A trial date has been set for July 23, 2013.
Two Men from Kenel Charged with AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that two Kenel, South Dakota men have been indicted by a federal grand jury.
Conrad C. Little Bear, age 53, and Lavell M. Little Bear, age 57, were indicted by a federal grand jury on May 15, 2013 for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury. They appeared before U.S. Magistrate Judge William D. Gerdes on June 6, 2013 and pled not guilty to the Indictment.
The maximum penalty on each count upon conviction is 10 years of imprisonment, a $250,000 fine, or both; 3 years of supervised release; an additional 2 years of supervised release upon revocation; and a mandatory $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges are merely accusations, and the Defendants are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency and Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Both Defendants were released on bond pending trial. A trial date has not been set.
Sioux Falls Man Indicted for Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota man has been indicted by a federal grand jury for allegedly failing to register as a convicted sex offender in Pennington County on September 1, 2012.
Jeremy Jeunesse, a/k/a Jeremy Chasing Horse, a/k/a Jeremy Trudell, age 33, was indicted by a federal grand jury on February 20, 2013 for failure to register as a sex offender. Jeunesse appeared before U.S. Magistrate Judge Veronica L. Duffy on May 30, 2013 and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is 10 years of imprisonment and a $250,000 fine. The charge is merely an accusation and Jeunesse is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Jeunesse was remanded to the custody of the U.S. Marshal. A trial date has been set for August 6, 2013.
Rosebud Man Charged with Attempted Sexual Abuse of A Minor and Abusive Sexual ContactRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota man has been indicted by a federal grand jury for Attempted Sexual Abuse of a Minor and Abusive Sexual Contact.
Kameron Jackson, age 20, was indicted by a federal grand jury on May 15, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 6, 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 Jackson 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.
Jackson was detained pending trial. A trial date has not been set.
Rapid City Men Plead Guilty to Controlled Substance ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that Kenneth Morales-Scott, Jr., and Cayleb Louis Young, both age 35, of Rapid City, South Dakota appeared before U.S. District Judge Roberto A. Lange on June 4, 2013 and pled guilty to Possession with Intent to Distribute a Controlled Substance.
The maximum penalty upon conviction is 5 years of custody, a $250,000 fine, or both; 2 years of supervised release; and a $100 Special Assessment. Restitution may also be ordered.
The conviction arose from an incident that occurred in November 2012. Morales-Scott and Young traveled from Rapid City to California where Morales-Scott was provided over 10 pounds of marijuana to deliver to an individual in Wisconsin. Young became aware of the nature of the trip, and agreed to assist in delivery of the marijuana in exchange for being reimbursed. South Dakota Highway Patrol performed a traffic stop on a vehicle on Interstate 90 that was driven by Morales-Scott with Young as a passenger. During a subsequent vehicle search, troopers found marijuana in the trunk of the vehicle.
The investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Jay Miller is prosecuting the case.
A presentence investigation was ordered, and a sentencing date of August 19, 2013 was set for both Morales-Scott and Young. Both men were released pending sentencing.
Rapid City Man Indicted for Failing to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota man has been indicted by a federal grand jury for allegedly failing to register as a convicted sex offender between November 2012 and January 2013.
Adam Trejo, age 24, was indicted by a federal grand jury on January 23, 2013 for failure to register or update as a sex offender. Trejo appeared before U.S. Magistrate Judge Veronica L. Duffy on June 4, 2013 and pled not guilty to the Indictment.
The maximum penalty upon conviction is 10 years of imprisonment and a $250,000 fine. The charge is merely an accusation and Trejo is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Wayne Venhuizen is prosecuting the case.
Trejo was remanded to the custody of the U.S. Marshal. A trial date has been set for August 13, 2013.
Porcupine Man Pleads Guilty to Assault Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Brendan V. Johnson announced that William Thunder Hawk, age 19, of Porcupine, South Dakota appeared before U.S. Magistrate Judge Veronica L. Duffy on May 30, 2013 and pled guilty to assault resulting in serious bodily injury.
The maximum penalty upon conviction is 10 years of imprisonment and a $250,000 fine.
The charge relates to Thunder Hawk punching and kicking a female multiple times in the face and body near Porcupine between August 5 and 6, 2012. The assault resulted in severe facial swelling and fractured nasal bones.
The investigation was conducted by the Bureau of Indian Affairs Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. The case is being prosecuted by Assistant U.S. Attorney Wayne Venhuizen.
A presentence investigation was ordered and a sentencing date was set for September 27, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Porcupine Man Charged with Conspiracy to Distribute A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that a Porcupine, South Dakota man was indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance.
Kevin Lance, age 47, was indicted on May 21, 2013 for conspiracy to distribute marijuana at Pine Ridge. He appeared before U.S. Magistrate Judge Veronica L. Duffy on June 3, 2013 and pled not guilty to the indictment.
The maximum penalty upon conviction is not more than 5 years’ imprisonment and $250,000 fine. The charge is merely an accusation and Lance is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, Northern Plains Safe Trails Drug Enforcement Task Force, South Dakota Division of Criminal Investigation, and the Bureau of Indian Affairs Office of Justice Services. Assistant U.S. Attorney Ted L. McBride is prosecuting the case.
Lance was released on bond pending trial. A trial date has not been set.
Parmelee Man Pleads Guilty to Involuntary ManslaughterRead the Press Release
United States Attorney Brendan V. Johnson announced that Nathaniel Red Bird, age 32, of Parmelee, South Dakota appeared before U.S. District Judge Roberto A. Lange on June 4, 2013 and pled guilty to Involuntary Manslaughter and Aiding and Abetting.
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 the evening of August 13, 2011 and into the early morning hours of August 14, 2011, when the victim died of asphyxiation from overlaying due to the negligence of Red Bird and a co-defendant.
The investigation was conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant U.S. Attorney Marie H. Ruettgers.
A presentence investigation was ordered and a sentencing date was set for August 26, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.
Man from Mexico Charged with Illegal Reentry After DeportationRead the Press Release
United States Attorney Brendan V. Johnson announced that a man from Mexico has been indicted by a federal grand jury.
Jesus Ochoa Aguirre, age 30, was indicted by a federal grand jury on October 10, 2012 for Illegal Reentry after Deportation. Ochoa Aguirre appeared before U.S. Magistrate Judge Mark A. Moreno on June 6, 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 charge is merely an accusation, and Ochoa Aguirre is presumed innocent until and unless proven guilty.
The investigation is being conducted by Homeland Security Investigations. 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 trial. A trial date has not been set.
Lower Brule Man Charged with Abusive Sexual Contact of A MinorRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota man has been indicted by a federal grand jury.
Robert Stricker, age 39, was indicted by a federal grand jury on November 15, 2012 for Abusive Sexual Contact of a Minor. Stricker appeared before U.S. Magistrate Judge Mark A. Moreno on June 5, 2013 and pled not guilty to the Indictment.
The maximum penalty upon conviction is 3 years of imprisonment, a $250,000 fine, or both; 2 years of supervised release, a mandatory minimum term of 5 years up to life of supervised release upon revocation; and a mandatory $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge is merely an accusation, and Stricker 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.
Stricker was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
Harrold Man Charged with Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that a Harrold, South Dakota man has been indicted by a federal grand jury.
Thomas Morgan, age 37, was indicted by a federal grand jury on October 16, 2012 for Assault with a Dangerous Weapon. Morgan appeared before U.S. Magistrate Judge Mark A. Moreno on June 4, 2013 and pled not guilty to the Indictment.
The maximum penalty upon conviction is 10 years of imprisonment, a $250,000 fine, or both; 3 years of supervised release, an additional 2 years of supervised release upon revocation; and a mandatory $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge is merely an accusation, and Morgan is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs and Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Morgan was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
Fort Thompson Man Pleads Guilty to Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that Myron Touche, Sr., age 43, of Fort Thompson, South Dakota appeared before U.S. District Judge Roberto A. Lange on June 4, 2013 and pled guilty to 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 mandatory $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge stems from an incident wherein Touche, on November 10, 2012, went to the trailer house of his niece and her boyfriend. Two individuals were arguing in the back bedroom, and Touche confronted them. He then grabbed a gun that was by the front door and pointed it at the victim. The victim and another individual were able to wrestle the gun away from Touche. The victim was sober, but the rest had been drinking.
The investigation was conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Touche was remanded to the custody of the U.S. Marshals Service pending sentencing which has been set for August 26, 2013.
Eagle Butte Man Pleads Guilty to Stolen Firearm Violation and Witness TamperingRead the Press Release
United States Attorney Brendan V. Johnson announced that Jody Albert Hunt, age 35, of Eagle Butte, South Dakota appeared before U.S. District Judge Roberto A. Lange on June 4, 2013 and pled guilty to Possession and Sale of a Stolen Firearm and Tampering with a Witness.
The maximum penalty upon conviction for Possession and Sale of a Stolen Firearm is 10 years of custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 special assessment. The maximum penalty upon conviction for Tampering with a Witness is 20 years of custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 special assessment. The Court could also order restitution to the victim.
The convictions arose from an incident that occurred on March 25, 2013 when Hunt stole firearms and other property from a ranch near Eagle Butte. Hunt then attempted to have a witness submit false information to federal authorities about the stolen property.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Cheyenne River Sioux Tribe Law Enforcement Division. The case is being prosecuted by Assistant U.S. Attorney Mikal Hanson.
A presentence investigation was ordered and a sentencing date was set for August 26, 2013. The defendant was remanded to the custody of the U.S. Marshals Service pending sentencing.
Batesland Man Sentenced for Conspiracy to Distribute A Controlled SubstanceRead the Press Release
United States Attorney Brendan V. Johnson announced that a Batesland, South Dakota man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on June 3, 2013 by Chief Judge Jeffrey L. Viken, U.S. District Court.
Abraham Romero, age 52, was sentenced to 120 months’ imprisonment, 3 years' supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
The charge relates to Romero conspiring with others to distribute at least 100 kilograms or more of marijuana in South Dakota between October 2008 and October 2011. Romero pled guilty to the charge on July 30, 2012.
This case was investigated by the Federal Bureau of Investigation, Northern Plains Safe Trails Drug Enforcement Task Force, South Dakota Division of Criminal Investigation, and Bureau of Indian Affairs Office of Justice Services. Assistant U.S. Attorney Ted L. McBride prosecuted the case.
Romero was immediately turned over to the custody of the U.S. Marshal.
Two from Sioux Falls Charged with Obstruction of Justice and False StatementRead the Press Release
United States Attorney Brendan V. Johnson announced that two people from Sioux Falls, South Dakota have been indicted by a federal grand jury for Obstruction of Justice and False Statement. These indictments are related to the Operation Black Widow case, where ten individuals were arrested and indicted in federal court in May as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Lynn Barbara Van Laar, age 64, and Randall Ray Jurgens, a/k/a “Jughead” age 53, were indicted on June 4, 2013. Van Laar made her intial court appearance on June 4, and Jurgens on June 5. Both appeared before U.S. Magistrate Judge John E. Simko and pled not guilty to the charges.
The maximum penalty upon conviction for Obstruction of Justice is up to 20 years in custody and/or a $250,000 fine; 3 years of supervised release; and $100 to the Federal Crime Victims Fund. Restitution may also be ordered. The maximum penalty upon conviction for the False Statement charge is up to 5 years in custody and/or a $250,000 fine; 3 years of supervised release; and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
On or about between April 26, 2013 and May 9, 2013, Van Laar and Jurgens allegedly obstructed a federal criminal investigation. Additionally they both told a Federal Bureau of Investigation Special Agent that they did not disclose any information regarding an ongoing federal criminal investigation. Also, Van Laar claimed she did not review any documents related to the investigation.
The charges are merely accusations and Van Laar and Jurgens are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. First Assistant U.S. Attorney Randy Seiler is prosecuting the case.
Both were released with conditions pending trial.
St. Francis Woman Sentenced for Involuntary ManslaughterRead the Press Release
United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota woman convicted of Involuntary Manslaughter was sentenced on June 3, 2013 by U.S. District Judge Roberto A. Lange.
Mary Jo Flammond, age 32, was sentenced to 48 months in custody, 2 years of supervised release, $7,160.48 in restitution and $100 to the Federal Crime Victims Fund.
Flammond was indicted by a federal grand jury on September 19, 2012 and pled guilty to the charge on February 21, 2013.
The conviction stems from an accident that took place on September 6, 2012, when Flammond was driving a motor vehicle under the influence of alcohol. Flammond was driving recklessly and could not keep the vehicle on the roadway which caused it to roll. The victim died from his injuries sustained in the crash. Flammond’s blood alcohol content at the time of the wreck was .191.
The investigation was conducted by the Federal Bureau of Investigation and Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Tim Maher.
Flammond was remanded to the custody of the U.S. Marshal.
Rapid City Man Sentenced for Assaulting A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota man convicted of Assaulting, Resisting, or Impeding a Federal Law Enforcement Officer was sentenced on June 3, 2013 by U.S. District Judge Roberto A. Lange.
Sidney Lightning Fire, age 30, was sentenced to 13 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Lightning Fire was indicted by a federal grand jury on October 16, 2012, and pled guilty to Assaulting, Resisting, or Impeding a Federal Officer on March 13, 2013. The conviction stems from Lightning Fire’s resisting arrest and the assault of two Cheyenne River Sioux Tribe Law Enforcement Officers in July of 2012.
The investigation was conducted by the Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Division. The case was prosecuted by Assistant U.S. Attorney Mikal Hanson.
Lightning Fire was remanded to the custody of the U.S. Marshals Service to begin serving his sentence.
Rapid City Man Sentenced for Assaulting A Federal OfficerRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota man convicted of Assaulting, Resisting, or Impeding a Federal Law Enforcement Officer was sentenced on June 3, 2013 by U.S. District Judge Roberto A. Lange.
Sidney Lightning Fire, age 30, was sentenced to 13 months in custody, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Lightning Fire was indicted by a federal grand jury on October 16, 2012, and pled guilty to Assaulting, Resisting, or Impeding a Federal Officer on March 13, 2013. The conviction stems from Lightning Fire’s resisting arrest and the assault of two Cheyenne River Sioux Tribe Law Enforcement Officers in July of 2012.
The investigation was conducted by the Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Division. The case was prosecuted by Assistant U.S. Attorney Mikal Hanson.
Lightning Fire was remanded to the custody of the U.S. Marshals Service to begin serving his sentence.
Mission Woman Sentenced for TheftRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota woman convicted of theft was sentenced on June 3, 2013 by U.S. District Judge Roberto A. Lange.
Donna Peterson, age 49, was sentenced to serve 6 months of home confinement, 4 years’ probation, and ordered to pay a $2,000 fine, and over $32,000 in restitution.
Peterson was indicted by a federal grand jury on May 8, 2012 and pled guilty to the charge on March 18, 2013.
From 1996 to 2008, Peterson was an employee of Costello Company Property Management. During that time she served as manager of the Sunrise Village Apartment Complex, which was managed by Costello Company Property Management and located in Mission, South Dakota. The U.S. Department of Agriculture Rural Development Agency provided rent subsidy payments to Costello Property Management for tenants who met certain income requirements. Between January 1, 2007 and December 31, 2007, Peterson received cash from tenants in an amount of $32,723.36, which she did not deposit in the Sunrise Village bank account, but instead embezzled and misapplied the funds.
The investigation was conducted by the U.S. Department of Agriculture Office of Inspector General – Investigations. The case was prosecuted by Assistant U.S. Attorney Dennis R. Holmes.
Lower Brule Woman Charged with Assault with A Dangerous WeaponRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota woman has been indicted by a federal grand jury.
Deborah Beardsley, age 50, was indicted by a federal grand jury on April 11, 2013 for Assault with a Dangerous Weapon. Beardsley appeared before U.S. Magistrate Judge John E. Simko on June 3, 2013 and pled not guilty to the Indictment.
The maximum penalty upon conviction is 10 years of imprisonment, a $250,000 fine, or both; 3 years of supervised release, an additional 2 years of supervised release upon revocation; and a mandatory $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge is merely an accusation, and Beardsley is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs and Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Beardsley was released on bond pending trial. A trial date has not been set.
Hill City Man Pleads Guilty to Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Brendan V. Johnson announced that Francisco Escobar-Tinjero, age 49, of Hill City, 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 not less than 5 or more than 40 years’ imprisonment and/or a $5,000,000 fine.
From approximately June 2010 until April 4, 2012, Escobar-Tinjero conspired and agreed with others to distribute 50 grams or more of methamphetamine in South Dakota.
The investigation was conducted by Homeland Security Investigations, Drug Enforcement Administration, South Dakota Division of Criminal Investigation, Minnesota Bureau of Criminal Apprehension, Sioux Falls Area Drug Task Force, and the Unified Narcotics Enforcement Team. The case is being prosecuted by Assistant U.S. Attorney Ted L. 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.
White River Man Sentenced for Abusive Sexual ContactRead the Press Release
United States Attorney Brendan V. Johnson announced that a White River, South Dakota man convicted of Abusive Sexual Contact was sentenced on June 3, 2013 by U.S. District Judge Roberto A. Lange.
Francisco White Buffalo, age 35, was sentenced to 60 months in custody, 5 years of supervised release, and $100 to the Federal Crime Victims Fund.
White Buffalo was indicted by a federal grand jury on August 22, 2013 and pled guilty to the charge on March 18, 2013.
The conviction stems from an incident that took place on August 15, 2012, when White Buffalo had sexual contact with the victim.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Marie H. Ruettgers.
White Buffalo was remanded to the custody of the U.S. Marshal.
Mission Man Sentenced for LarcenyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota man convicted of Larceny was sentenced on June 3, 2013 by U.S. District Judge Roberto A. Lange.
Eddie Tunstall, III, age 33, was sentenced to 10 months in custody, 2 years of supervised release, $6,000 in restitution and $100 to the Federal Crime Victims Fund.
Tunstall was indicted by a federal grand jury on September 19, 2012 and pled guilty to the charge on March 6, 2013.
The conviction stems from an incident that took place on December 29, 2011, when Tunstall entered Turtle Creek Crossing store in Mission, took U.S. Currency from the store’s safe, and then left with the money.
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’s Tim Maher and Kathryn Rich.
Tunstall was remanded to the custody of the U.S. Marshal.
Mission Man Sentenced for Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a Mission, South Dakota man convicted of Failure to Register as a Sex Offender was sentenced on June 3, 2013 by U.S. District Judge Roberto A. Lange.
Johnny Lunderman, a/k/a Johnny Iron Horse, age 30, was sentenced to 16 months in custody, 5 years of supervised release, and $100 to the Federal Crime Victims Fund.
Lunderman was indicted by a federal grand jury on February 13, 2013 and pled guilty to the charge on March 19, 2013.
The Defendant was convicted of Sexual Abuse of a Minor on September 8, 2009. The Court sentenced Lunderman to 40 months’ imprisonment, 5 years of supervised release and also ordered that he must register as a sex offender.
On January 9, 2012 Lunderman began his term of supervised release. It was determined on December 12, 2012 that Lunderman was not living at the home in which he had registered in Rapid City. On February 3, 2013 Lunderman was arrested near the Rosebud Sioux Indian Reservation.
The investigation was conducted by the U.S. Marshal Services. The case was prosecuted by Assistant U.S. Attorney Tim Maher.
Lunderman was remanded to the custody of the U.S. Marshal.
McLaughlin Woman Sentenced on Assault ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota woman appeared before U.S. Magistrate Judge William D. Gerdes and pled guilty to a Superseding Information charging Simple Assault.
Cassie Yellow Earrings, age 21, was sentenced to one year of unsupervised probation, and a $10 special assessment to the Federal Crime Victims Fund.
Yellow Earrings was indicted by a federal grand jury in December of 2012. The conviction stems from an incident during the early morning hours of September 19, 2012 when the Defendant and others unlawfully entered a home in McLaughlin with the intention of confronting the victim about a prior argument. Upon entering the home, a fight ensued. The Defendant struck the victim in the back of the head with her fist.
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy Morley prosecuted the case.
California Man Sentenced for Failure to Pay Child SupportRead the Press Release
United States Attorney Brendan V. Johnson announced that a Livermore, California man charged with Failure to Pay Legal Child Support was sentenced on May 31, 2013 by U.S. Magistrate Court Judge John E. Simko.
David V. Jackson, age 53, was sentenced to 2 years of probation, a $10.00 special assessment to the Federal Crime Victims Fund, and child support restitution in the amount of $29,817.18.
Jackson was indicted by a federal grand jury on August 14, 2012 for failing to pay over $29,706.00 in past due child support. He was ordered by the Second Judicial Circuit Court to pay $200.00 per month for his minor child, commencing July 1, 1997. At the time of indictment, he had not made a child support payment since May of 2010, and the total arrearage amount was $29,706.18. Jackson pled guilty to the charge on May 31, 2013.
This case was investigated the Department of Health and Human Services, Office of Inspector General. Assistant U.S. Attorney Thomas J. Wright prosecuted the case.
Two Rapid City Men Indicted for Conspiracy to Defraud the United States and Harboring AliensRead the Press Release
United States Attorney Brendan V. Johnson announced that two additional individuals have been indicted by a federal grand jury for conspiracy to harbor aliens, harboring aliens, and conspiracy to defraud the United States. The alleged fraud is in connection with contracts entered into with the U.S. Forest Service. Nine individuals were previously indicted in relation to these offenses.
Raul D. Munoz, age 24, and Rogelio Escalante Jr., age 24, both of Rapid City, South Dakota were indicted on May 21, 2013. The defendants appeared in front of U.S. Magistrate Judge John E. Simko on May 31, 2013 and pled not guilty to the charges. The maximum penalty upon conviction is 10 years’ imprisonment and/or a $250,000 fine.
The indictments are a result of a criminal investigative operation conducted by U.S. Immigration and Customs Enforcement's Homeland Security Investigations, in cooperation with the U.S. Forest Service, Rapid City Police Department, the Pennington County Sheriff's Office, SD Division of Criminal Investigation, Custer County Sheriff’s Office, U.S. Department of Labor, and other federal and state law enforcement agencies.
The charges contained in the indictment are merely accusations, and Escalante and Munoz are presumed innocent unless and until they are proven guilty.
Two Pine Ridge Men Indicted for Assaulting Two Men with A FirearmRead the Press Release
United States Attorney Brendan V. Johnson announced that two Pine Ridge, South Dakota men have been indicted by a federal grand jury for allegedly using a firearm to attempt to murder two other men at Pine Ridge on March 20, 2013.
Irving Provost, Jr., age 35, and Lester Waters, age 32, were indicted by a federal grand jury on May 21, 2013 for assault with intent to commit murder, assault with a dangerous weapon, and assault resulting in serious bodily injury.
Provost and Waters appeared before U.S. Magistrate Judge Veronica L. Duffy on May 29, 2013, and pled not guilty to the indictment.
The maximum penalty upon conviction is 20 years of imprisonment and a $250,000 fine. The charges are merely an accusation and Provost and Waters are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.
Provost and Waters were remanded to the custody of the U.S. Marshal. A trial date has been set for August 6, 2013.
Texas Man Indicted for Failure to Pay Child SupportRead the Press Release
United States Attorney Brendan V. Johnson announced that a Houston, Texas man has been indicted by a federal grand jury for Failure to Pay Legal Child Support.
Jeremy M. Willms, age 32, was indicted by a federal grand jury on October 6, 2011 for failing to pay over $13,734.00 in past due child support. He appeared before U.S. Magistrate Judge John E. Simko on May 30, 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 Willms 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.
Willms was released on bond pending trial. A trial date has not been set.
Rapid City Woman Sentenced on Assault ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota woman convicted of Simple Assault was sentenced on May 31, 2013 by U.S. Magistrate Judge Mark A. Moreno.
Raylene C. Chipps, age 25, was sentenced to 12 months of probation and a $10 special assessment to the Federal Crime Victims Fund.
Chipps was indicted by a federal grand jury in October of 2012. The conviction stems from an incident on May 4, 2012 when the Defendant was riding in a vehicle in Mission, South Dakota when they came upon two women walking along the road and stopped. Two occupants of the vehicle exited and confronted the victim. A fight ensued and Chipps joined in the assault. As a result, the victim sustained a broken jaw, among other injuries.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Troy Morley.
Rapid City Man Sentenced on Escape ChargeRead the Press Release
United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota man charged with Escape from Custody was sentenced on May 30, 2013 by Chief Judge Jeffrey L. Viken, U.S. District Court.
Abraham Yellow Horse, age 24, was sentenced to 15 months' imprisonment and ordered to pay $100 to the Federal Crime Victims Fund.
In December 2012, Yellow Horse was serving part of a federal sentence at the Community Alternatives of the Black Hills, when he left without permission and did not return. He pled guilty on February 5, 2013.
This case was investigated by the U.S. Marshals Service and Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Yellow Horse was immediately turned over to the custody of the U.S. Marshal.
Rapid City Man Guilty of Illegal Reentry After DeportationRead the Press Release
United States Attorney Brendan V. Johnson announced that Marcos Miranda-Sanchez, age 57, of Rapid City, South Dakota appeared before U.S. Magistrate Judge Veronica L. Duffy on May 29, 2013 and pled guilty to Illegal Reentry After Deportation.
The maximum penalty upon conviction is 10 years' imprisonment and/or a $250,000 fine.
In September 2012, while being arrested by the Rapid City Police Department for public intoxication, Miranda-Sanchez was found to be in the United States illegally, having previously been deported to Mexico.
The investigation was conducted by the U.S. Immigration and Customs Enforcement's Homeland Security Investigations. The case is being prosecuted by Assistant U.S. Attorney Eric Kelderman.
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.
Oglala Man Indicted for Sexual Abuse, Assault, Child Abuse, Incest, and Witness IntimidationRead the Press Release
United States Attorney Brendan V. Johnson announced that an Oglala, South Dakota man has been indicted by a federal grand jury for allegedly sexually abusing and threatening a child under the age of 12 between 2007 and 2010 at Allen, South Dakota.
Norman Yellow Hawk, age 47, was indicted by a federal grand jury on May 21, 2013 for aggravated sexual abuse, assault resulting in serious bodily injury, felony child abuse and neglect, aggravated incest, and witness intimidation. Yellow Hawk appeared before U.S. Magistrate Judge Veronica L. Duffy on May 24, 2013 and pled not guilty to the superseding indictment.
The maximum penalty upon conviction is life imprisonment and a $250,000 fine. The charges are merely accusations and Yellow Hawk is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation.
Yellow Hawk was remanded to the custody of the U.S. Marshal. A trial date has been set for July 29, 2013.
Lower Brule Man Indicted for Controlled Substance ViolationsRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota man has been indicted by a federal grand jury.
Joshua Brouse, age 29, was indicted by a federal grand jury on May 15, 2013 for Possession with Intent to Distribute a Controlled Substance Analogue, and Use of a Communication Facility in Causing or Facilitating the Commission of a Felony Under the Controlled Substances Act. Brouse appeared before U.S. Magistrate Judge Mark A. Moreno on May 30, 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; 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 Brouse is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force and Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.
Brouse was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
Lower Brule Man Charged with Controlled Substance and Firearm ViolationsRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota man has been indicted by a federal grand jury.
Caleb Mills, age 24, was indicted by a federal grand jury on May 15, 2013 for Possession with Intent to Distribute a Controlled Substance Analogue, Use of a Communication Facility in Causing or Facilitating the Commission of a Felony Under the Controlled Substance Act, and Possession of a Firearm by a Prohibited Person. Mills appeared before U.S. Magistrate Judge Mark A. Moreno on May 30, 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; 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 Mills 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 Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.
Mills was remanded to the custody of the U.S. Marshals Service. A trial date has not been set.
Lower Brule Man Charged with Assaulting, Resisting and Impeding Federal OfficersRead the Press Release
United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota man has been indicted by a federal grand jury.
Cole Brouse, age 19, was indicted by a federal grand jury on May 15, 2013 for Assaulting, Resisting and Impeding Federal Officers. Brouse appeared before U.S. Magistrate Judge Mark A. Moreno on May 30, 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 charge is merely an accusation, and Brouse is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service and the Bureau of Indian Affairs. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Brouse was released on bond pending trial. A trial date has not been set.
Eagle Butte Woman Sentenced for AssaultRead the Press Release
United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota woman convicted of two counts of Assault by Striking, Beating and Wounding was sentenced on May 30, 2013 by U.S. Magistrate Judge Mark A. Moreno.
Rae Jean Araujo Cota, a/k/a Rae Jean Slides Off, age 36, was sentenced to 131 days in custody, 12 months of probation, and a $20 special assessment to the Federal Crime Victims Fund.
Araujo Cota was indicted by a federal grand jury on January 16, 2013 for Assault with a Dangerous Weapon. She pled guilty to two counts of Assault by Striking, Beating and Wounding on March 22, 2013. These convictions are the result of two different assaults of the same victim that occurred in Eagle Butte in November and December of 2012.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Division. The case was prosecuted by Assistant U.S. Attorney Mikal Hanson.
Araujo Cota was remanded to the custody of the U.S. Marshals Service to begin serving her sentence.
Colorado Man Sentenced for LarcenyRead the Press Release
United States Attorney Brendan V. Johnson announced that a Colorado Springs, Colorado man convicted of larceny was sentenced on May 30, 2013 by U.S. Magistrate Judge Veronica L. Duffy.
Scott Stewart, age 19, was sentenced to one year probation and ordered to pay $332 in restitution and $25 to the Federal Crime Victims Fund.
Stewart was indicted for larceny by a federal grand jury on November 19, 2012. The charge relates to Stewart stealing the credit card of another person at Ellsworth Air Force Base and making withdrawals on September 9, 2012. Stewart pled guilty to the charge on March 28, 2013.
This case was investigated by the U.S. Air Force. Assistant U.S. Attorney Wayne Venhuizen prosecuted the case.
Blackfoot Man Indicted for Abusive Sexual ContactRead the Press Release
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.
Ta-Sunka-Hinz Thunder Hawk, age 18, was indicted by a federal grand jury on May 15, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 30, 2013 and pled not guilty to the indictment.
The maximum penalty upon conviction is 3 years of custody; a $250,000 fine, or both; a minimum of 5 years up to life of supervised release; a $100 special assessment; and restitution.
The charges relate to the alleged assault of a victim that occurred in La Plant, South Dakota in March of 2013. The charge is merely an accusation, and Thunder Hawk is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.
Thunder Hawk was released on bond pending sentencing. No trial date has been set.
Wanblee Man Sentenced for Possession of A Controlled Substance with Intent to DistributeRead the Press Release
United States Attorney Brendan V. Johnson announced that a Wanblee, South Dakota man convicted of Possession of a Controlled Substance with Intent to Distribute was sentenced on May 16, 2013 by Chief Judge Jeffrey L. Viken, U.S. District Court.
Clifford Wayne Richards, Jr., a/k/a Beaver, age 56, was sentenced to 3 years' probation, a $100 special assessment to the Federal Crime Victims Fund, and 300 hours of community service.
On September 16, 2012, Richards conspired and intentionally distributed more than 50 kilograms or more of marijuana in South Dakota. Richards pled guilty to the charge on December 18, 2012.
This case was investigated as part of Operation Eagle Eye, a controlled substances investigation conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Ted L. McBride prosecuted the case.
Timber Lake Man Sentenced for Disorderly ConductRead the Press Release
United States Attorney Brendan V. Johnson announced that Brent Biegler, age 32, of Timber Lake, South Dakota pled guilty to a charge of Disorderly Conduct and was sentenced on May 29, 2013 by U.S. Magistrate Judge Mark A. Moreno.
Biegler was ordered to pay a $500 fine and a $5 assessment to the Federal Crime Victims Fund.
The conviction arose from an incident in September 2012 when Biegler intentionally caused serious public inconvenience and annoyance to a Timber Lake woman.
The investigation was conducted by the by the Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Mikal Hanson prosecuted the case.
St. Francis Man Sentenced for Failure to Register as A Sex OffenderRead the Press Release
United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota man convicted of Failure to Register as a Sex Offender was sentenced on May 29, 2013 by U.S. District Judge Roberto A. Lange.
Patrick Black Spotted Horse, age 23, was sentenced to 10 months in custody, 5 years of supervised release, and $100 to the Federal Crime Victims Fund.
Black Spotted Horse was indicted by a federal grand jury on January 16, 2013 and pled guilty to the charge on April 16, 2013.
The Defendant was convicted of Sexual Abuse of a Minor on December 7, 2009. The Court sentenced Black Spotted Horse to 40 months’ imprisonment, 5 years of supervised release and also ordered that he must register as a sex offender. On October 12, 2012, Black Spotted Horse began his term of supervised release but eventually absconded from a treatment facility and did not properly register as a sex offender. On December 22, 2012, Black Spotted Horse was arrested on the Rosebud Sioux Indian Reservation.
The investigation was conducted by the U.S. Marshal Service. The case was prosecuted by Assistant U.S. Attorney Tim Maher.
Black Spotted Horse was remanded to the custody of the U.S. Marshal.
South Dakota Is A National Leader in Indian Country WorkRead the Press Release
United States Attorney Brendan V. Johnson announced the release of a Department of Justice report to Congress entitled Indian Country Investigations and Prosecutions. The report focuses on law enforcement efforts in Indian country and was a requirement of the Tribal Law and Order Act of 2010.
The report indicated that South Dakota is a national leader in the work performed in Indian country. U.S. Attorney Johnson served as Chairman of the Justice Department’s Native American Issues Subcommittee from 2009-2013. In that capacity, he testified before the Senate Committee on Indian Affairs on Sept. 22, 2011 at a hearing entitled “Tribal Law and Order Act One Year Later: Have We Improved Public Safety and Justice Throughout Indian Country?” Johnson highlighted the progress being made in South Dakota and nationwide, and those efforts are reflected in the report.
On the national level, the report shows a 54 percent increase in Indian Country criminal prosecutions from 2009-2012. During that same time period, the Justice Department saw a significant reduction in the number of criminal cases from Indian Country that were declined. The most common reasons for declination were insufficient evidence and referral to another prosecuting authority.
South Dakota has been a national leader in increased prosecutions and decreased declinations. Over the last four years, the U.S. Attorney’s Office in South Dakota has seen an increase in prosecutions of 131% on Rosebud and 82% on Pine Ridge, South Dakota’s largest reservations. The report also reveals that the number of declined cases in South Dakota fell from 164 in CY 2011 to 114 in CY 2012.
U.S. Attorney Johnson attributes much of the success to a new relationship with tribes in South Dakota and across the country. “Four years ago many were skeptical that we could significantly improve public safety on South Dakota’s reservations. Those people were wrong. This report to Congress reveals that we have significantly increased prosecutions and are working closely with tribal and federal law enforcement to make tribal communities a safer place to live. There is still much work to be done, but there is no question we have found the right path and are making progress,” said Johnson.
Since 2009, the U.S. Attorney’s Office in South Dakota has undertaken an unprecedented effort to improve public safety on the reservations. The implementation of the Community Prosecution Strategy (CPS) in 2010 was initiated by U.S. Attorney Johnson as an effort to help restore public safety in South Dakota tribal communities. The CPS remains a work in progress, and some of the highlights to date include:
• The Community Prosecution Pilot Program implemented at Pine Ridge has proven to be successful in a number of areas. Through committed outreach efforts, such as public meetings and forums to address public safety matters, relationships have improved with the Oglala Sioux Tribe (OST) Attorney General’s Office, tribal officials, and law enforcement. As a direct result of the pilot program, the U.S. Attorney’s office communicates regularly with the OST Attorney General’s Office concerning prosecutions of mutual interest, and how best to prosecute offenders over whom both entities have jurisdiction.
• Successfully wrote and submitted a proposal for the creation of a special domestic violence prosecutor on the Standing Rock Reservation. A landmark Memorandum of Understanding was signed July 10, 2012 between the Standing Rock Sioux Tribe, the U.S. Attorney’s Office in South Dakota, and the U.S. Attorney’s Office in North Dakota. The agreement authorized the hiring of a Special Assistant United States Attorney to pursue prosecutions in federal and tribal courts that involve violence against women cases, including domestic violence, dating violence, sexual assault, and stalking. The new prosecutor has been appointed and will have authority to pursue those cases in federal court in both South Dakota and North Dakota, and also the Standing Rock tribal court.
• Initiated a program to encourage tribal, state, and local law enforcement officers to obtain Special Law Enforcement Commissions (SLECs). Through an agreement with the BIA, the U.S. Attorney’s Office has the primary responsibility for providing the SLEC training. Law enforcement members possessing SLECs have broader authority to enforce federal criminal laws in tribal communities. An Assistant U.S. Attorney from South Dakota was selected to be part of the National SLEC Task Force that was charged with rewriting the SLEC curriculum and format of the examination. The exam is given around the country, and the Task Force worked in conjunction with the BIA on this project.
• Continues a strong relationship with BIA leadership. In early 2012, U.S. Attorney Johnson spent two days in Washington working with the law enforcement director of the BIA to discuss staffing and personnel issues. It was also announced in 2012 that the Rosebud Reservation was selected as the second reservation in South Dakota to receive the High Priority Performance Goals Program through the BIA. This program has increased the number of law enforcement officers on the Rosebud Reservation.
• Active participation in the monthly Multi-Disciplinary Team (MDT) meetings. The MDT meetings provide a roundtable format for BIA and tribal law enforcement, mental health counselors, IHS nurse practitioners, social services, FBI, and Tribal CASA, to discuss violence against children investigations. These meetings serve as an opportunity to identify challenges and discuss improvement efforts.
• Host an annual conference on victim advocacy. The two-state conference is co-sponsored by the District of South Dakota and District of North Dakota; the BIA Office of Justice Services; and the Department of Justice Office for Victims of Crime. The purpose of the conference is to provide culturally appropriate training to anyone who works with Native American victims of crime. *Due to sequestration conference not authorized to be held in 2013.
• U.S. Attorney Johnson has been actively involved with the South Dakota Domestic Violence Coordinating Committee (SDDVCC). The SDDVCC was formed in 2012 and is an organization led by the South Dakota Coalition Ending Domestic & Sexual Violence and the South Dakota Network Against Family Violence and Sexual Assault. The organization includes law enforcement leaders from the state, federal, and tribal levels and is designed to protect and represent the interests of survivors of domestic and sexual assault. The SDVCC selected Johnson as their Prosecutor of the Year for 2013.
The Indian Country Investigations and Prosecutions report shows a new era of partnership between the federal government and American Indian tribes, including an unprecedented level of collaboration with tribal law enforcement. The increase in collaboration and communication strengthens the bond of trust between federal and tribal investigators, prosecutors, and other personnel in both federal and tribal criminal justice systems.
Read the entire report at www.justice.gov/tribal.
Read about the Justice Department’s efforts to increase public safety in Indian County at http://www.justice.gov/tribal/accomplishments.html
Rosebud Man Charged with Abusive Sexual ContactRead the Press Release
United States Attorney Brendan V. Johnson announced that Sonny Gray Grass, age 52, of Rosebud, South Dakota appeared before U.S. District Judge Roberto A. Lange on May 29, 2013 and pled guilty to Abusive Sexual Contact.
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 between April 24th and April 28th, 2008 when Gray Grass had sexual contact with the minor victim.
The investigation was conducted by the Federal Bureau of Investigation and the Rosebud Sioux Tribe Law Enforcement Services. The case is being prosecuted by Assistant U.S. Attorney Marie H. Ruettgers.
A presentence investigation was ordered and a sentencing date was set for August 19, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.