District of South Dakota

United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota woman has been indicted by a federal grand jury for allegedly stealing over $1,000 in cash from another female at Pine Ridge on January 1, 2012.

Rose Cottier, age 58, was indicted by a federal grand jury on May 21, 2013 for larceny. Cottier appeared before U.S. Magistrate Judge Veronica L. Duffy on May 24, 2013, and pled not guilty to the indictment.

The maximum penalty upon conviction is 5 years of imprisonment and a $250,000 fine. The charge is merely an accusation and Cottier is presumed innocent until and unless proven guilty.

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

Cottier was released on bond pending trial. A trial date has been set for July 30, 2013.

United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota woman has been indicted by a federal grand jury for allegedly killing her grandson at Pine Ridge on April 29, 2013.

Cheryl Jealous of Him, age 50, was indicted by a federal grand jury on May 21, 2013 for second degree murder and felony child abuse and neglect. Jealous of Him appeared before U.S. Magistrate Judge Veronica L. Duffy on May 24, 2013 and pled not guilty to the indictment.

The maximum penalty upon conviction is life imprisonment and a $250,000 fine. The charges are merely accusations and Jealous of Him is presumed innocent until and unless proven guilty.

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

Jealous of Him was remanded to the custody of the U.S. Marshal. A trial date has been set for July 30, 2013.

United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota man has been indicted by a federal grand jury for allegedly using a wooden board to assault a female at Pine Ridge on March 14, 2013.

Gordon Pourier, age 18, was indicted by a federal grand jury on May 21, 2013 for assault with a dangerous weapon and assault resulting in serious bodily injury. Pourier appeared before U.S. Magistrate Judge Veronica L. Duffy on May 24, 2013 and pled not guilty to the indictment.

The maximum penalty upon conviction is 10 years of imprisonment and a $250,000 fine. The charges are merely accusations and Pourier is presumed innocent until and unless proven guilty.

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

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

United States Attorney Brendan V. Johnson announced that Andrew Kills Crow, age 21, of New Town, North Dakota appeared before U.S. District Judge Charles B. Kornmann on May 28, 2013 and pled guilty to Counts 15 and 17 of the Superseding Indictment that each charged him with Assault with a Dangerous Weapon.

For each count, 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; and a mandatory $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.

The charges stem from an incident in late December 2011, wherein a trailer in Mobridge was burglarized and a large quantity of cocaine and methamphetamine and several thousand dollars in cash was stolen. Several burglary “suspects” were taken to a remote location by Kills Crow and others. Once there, the victims were assaulted with shod feet and hit with firearms. The victims denied knowing anything about the thefts. The real burglars were later apprehended.

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

Kills Crow was remanded to the custody of the U.S. Marshals Service pending sentencing, which has not been set.

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

Clarence H. Cadotte, age 36, was indicted by a federal grand jury on March 6, 2013 for failing to pay $27,109.00 in past due child support. He appeared before U.S. Magistrate Judge William D. Gerdes on May 23, 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 Cadotte 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.

Cadotte was released on bond pending trial. A trial date has been set for July 30, 2013.

United States Attorney Brendan V. Johnson announced that a man and a woman from Mexico convicted of Bank Larceny were sentenced on May 29, 2013 by U.S. District Judge Roberto A. Lange.

Ismael Espinoza Ortiz, a/k/a Misael Sereseres Ortega, age 38, was sentenced to 84 months of imprisonment and a $100 special assessment to the Federal Crime Victims Fund.

Alejandra Corral Madrid, age 26, was sentenced to time served and a $100 special assessment to the Federal Crime Victims Fund. They were also ordered to pay $2,070 in restitution to BankWest, as well as restitution to several other victims in other pending criminal matters as part of the plea agreement.

Ortiz and Madrid were indicted by a federal grand jury on November 15, 2012. The charge stems from an incident on November 5, 2012 wherein Ortiz and Madrid entered the BankWest branch office in Pierre, and Ortiz handed the bank teller small bills and requested the teller change the bills into larger ones. Madrid stood next to Ortiz at the teller window and witnessed the interaction. While the teller walked several feet from her station to use a bill counting machine, Ortiz reached his left hand under the glass and stole property and money belonging BankWest in the amount of $2,070. After taking the property and money belonging to BankWest, Ortiz and Madrid exited the bank and fled Pierre. They were arrested later that day in Campbell County, South Dakota.

Ortiz was also sentenced to 84 months of imprisonment and $100 to the Federal Crime Victims Fund for his conviction of Illegal Reentry after Deportation. That sentence is to be served concurrently with his above sentence.

That charge stems from incidents wherein Ortiz had previously been ordered to deport from the United States on two prior occasions. At no time since his initial deportation in 1996, has Ortiz requested or been granted permission to reenter the United States.

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

Ortiz and Madrid were immediately turned over to the custody of the U.S. Marshals Service.

United States Attorney Brendan V. Johnson announced that Ross Dean Farrell, age 21, of McLaughlin, South Dakota appeared before U.S. District Judge Charles B. Kornmann on May 28, 2013 and pled guilty to Count I of the Indictment that charged him with Assault With Intent to Commit Murder.

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

The charge stems from an incident wherein the Defendant was socializing with the victim and others in the basement of his home. At some point, the victim went to sleep on a mattress on the floor. The Defendant, outraged by a perceived slight he had received from either the victim or another person, found the victim and pulled him off the mattress onto the cement floor. The Defendant then proceeded to repeatedly stomp the victim on the head and face, with shod feet.

At the time of the attack, the Defendant intended to kill the victim, as shown by the severity of the attack. As a result of the attack, the victim was required to be hospitalized, had numerous emergency surgeries, and was placed into a medically induced coma. Injuries sustained include severe head trauma.

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

Farrell was remanded to the custody of the U.S. Marshals Service pending sentencing, which has been set for September 9, 2013.

United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota man convicted of Assaulting, Resisting and Impeding a Federal Officer was sentenced on May 29, 2013 by U.S. District Judge Roberto A. Lange.

Elmer LaRoche, age 26, was sentenced to 12 months and 1 day of imprisonment, 2 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

LaRoche was indicted by a federal grand jury on December 11, 2012. The charge stems from an incident on or about the 1st day of November, 2012, wherein LaRoche was at a home in Lower Brule, intoxicated, and refused to leave. A tribal court order had been posted on the door regarding no intoxicated persons were to enter the house. An officer was dispatched to the residence, and during the arrest LaRoche resisted and struggled with the officer causing physical contact. LaRoche struck the officer in the head with a metal can.

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

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

United States Attorney Brendan V. Johnson announced that Terry Flying By, age 51, of Eagle Butte, South Dakota appeared before U.S. District Judge Roberto A. Lange on May 29, 2013 and pled guilty to Count II of the Indictment that charged him with Possession with Intent to Distribute a Controlled Substance.

The maximum penalty upon conviction is not more than 5 years of imprisonment, a $250,000 fine, or both; a mandatory 2 years of supervised release; an additional year 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 Cheyenne River law enforcement conducted a vehicle stop and learned from the driver that he had purchased marijuana from a residence in Eagle Butte. After obtaining a search warrant, law enforcement searched the residence and found marijuana along with other drug paraphernalia. Flying By admitted to the selling of marijuana in his home.

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

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

United States Attorney Brendan V. Johnson announced that a Sioux Falls man was sentenced on May 30, 2013 by U.S. District Judge Karen E. Schreier.

Carl Campbell, age 37, was sentenced to three terms of life imprisonment based on convictions for Sex Trafficking by Force Fraud, or Coercion and the Sex Trafficking of a Child. He was also sentenced to 20 years for using Interstate Transportation for Prostitution and Obstruction of Sex Trafficking Enforcement. These sentences will run concurrently. He will pay a $500 assessment to the Federal Crime Victims Fund.

“Those who traffic South Dakota children and young women will find no refuge from law enforcement. We are behind every corner and we will aggressively prosecute anyone who tries to profit off the sexual exploitation of our most vulnerable citizens,” said U.S. Attorney Johnson.

Campbell was indicted by a second superseding indictment by a federal grand jury on November 6, 2012 and found guilty of all counts by a federal jury on February 8, 2013.

The jury convicted Campbell after hearing evidence that he lured in young adults and minors and caused them to engage in commercial sex acts in and around Sioux Falls. He assaulted one victim repeatedly over the course of about 8 months, during which he forced her to perform commercial sex acts in South Dakota, Iowa, Wisconsin, and Illinois.

The investigation was conducted by Homeland Security Investigations, Federal Bureau of Investigation, the South Dakota Division of Criminal Investigation, the Minnehaha County Sheriff’s Office, Sioux Falls Police Department, and the Franklin County (Illinois) Police Department. Assistant U.S. Attorneys Kevin Koliner and Jeffrey Clapper prosecuted the case.

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

United States Attorney Brendan V. Johnson announced that David Olmsted, a/k/a Dale Cooper, Jr., 60, of Lead, South Dakota appeared before Chief Judge Jeffrey L. Viken, U.S. District Court on May 21, 2013 and pled guilty to a charge of Unlawful Structure of Transactions to Evade Reporting Requirements.

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

In February 2011, Olmsted arranged for shipments of Iraqi Dinars, the country’s currency, to be sent from the country of Jordan to the United States in split shipments. Olmsted was aware that every currency shipment had to reported if the value exceeded $10,000, so he split the shipments to avoid exceeding that amount and to avoid having to report the shipments to the Department of Treasury.

The investigation was conducted by U.S. Immigration and Customs Enforcement's Homeland Security Investigations. The case is being prosecuted by Assistant U.S. Attorney Sarah B. Collins.

A presentence investigation was ordered and a sentencing date was set for September 13, 2013. The defendant was released on bond pending sentencing.

United States Attorney Brendan Johnson will hold a press conference addressing Human Trafficking on Thursday, May 30, 2013 at 3:00 p.m. CST.

Discussion points to include recent prosecutions of commercial sex traffickers in South Dakota and the formation of a Human Trafficking Task Force.

WHO:United States Attorney Brendan V. Johnson

Minnehaha County State’s Attorney Aaron McGowan

Captain Paul Niedringhaus, Minnehaha County Sheriff’s Office

Lt. Dave McIntire, Sioux Fall Police Department

Joseph Weir, Federal Bureau of Investigation, Supervisory Special Agent

Mike Janak, Homeland Security Investigations, Resident Agent in Charge

WHAT: Press Conference

WHEN: Thursday, May 30, 2013 at 3:00 p.m. Members of the media should arrive by 2:30 to due to extra security measures.

WHERE: United States Attorney's Office 325 S. 1st Ave., Suite 300 Sioux Falls, SD 57104

NOTE: Media must enter through the third floor reception area. ALL media MUST PRESENT GOVERNMENT-ISSUED PHOTO ID (such as driver’s license) as well as VALID MEDIA CREDENTIALS. Press inquiries regarding logistics should be directed to Community Services Coordinator Ace Crawford at 605.343.3913, ext. 2101 or 605.838.6092.

United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota man was indicted by a federal grand jury for illegally reentering the United States after having been previously deported.

Armando Romero-Ramirez, 29, was indicted on May 23, 2013 for Illegal Reentry After Deportation. He appeared before U.S. Magistrate Judge Veronica L. Duffy on May 23, 2013 and pled not guilty to the indictment.

The maximum penalty upon conviction is 2 years’ imprisonment and/or a $250,000 fine. The charge is merely an accusation and Romero-Ramirez is presumed innocent until and unless proven guilty.

The investigation is being conducted by the U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI). Assistant U.S. Attorney Eric Kelderman is prosecuting the case.

Romero-Ramirez 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 a Porcupine, South Dakota man has been indicted by a federal grand jury for allegedly stealing over $1,000 from the Pine Ridge Pizza Hut between November 1 and 30, 2011.

David Gay, age 25, was indicted by a federal grand jury on January 24, 2012 for Larceny. Gay appeared before U.S. Magistrate Judge Veronica L. Duffy on May 14, 2013 and pled not guilty to the indictment.

The maximum penalty upon conviction is 5 years of imprisonment and a $250,000 fine. The charge is merely an accusation and Gay is presumed innocent until and unless proven guilty.

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

Gay was released on bond pending trial. A trial date has been set for July 27, 2013.

United States Attorney Brendan V. Johnson announced that a Missoula, Montana man convicted of Felon in Possession of a Firearm was sentenced on May 17, 2013 by Chief Judge Jeffrey L. Viken, U.S. District Court.

Steven Shane McCann, age 30, was sentenced to 51 months’ imprisonment, 3 years' supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

On May 17, 2012, McCann, a previously convicted felon, was found in possession of a firearm when his vehicle was stopped by law enforcement in Pennington County in South Dakota. McCann pled guilty to the charge on February 14, 2013.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the South Dakota Highway Patrol, and the South Dakota Division of Criminal Investigation. Special Assistant U.S. Attorney Laura A. Shattuck prosecuted the case.

McCann remained in the custody of the U.S. Marshal.

United States Attorney Brendan V. Johnson announced that Adrienne Kills Small, age 36, of Wakpala, South Dakota appeared before U.S. District Judge Charles B. Kornmann on May 20, 2013 and pled guilty to Count II of an Indictment that charged her with Assault Resulting in Serious Bodily Injury.

The charge carries a maximum penalty of 10 years’ custody, a $250,000 fine or both, and a period of supervised release of 3 years. There is also a $100 assessment to the Federal Crime Victims Fund and restitution may also be ordered.

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

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

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.

United States Attorney Brendan V. Johnson announced that Terry Stimpert, age 37, of Sioux Falls, South Dakota appeared before U.S. District Judge Karen E. Schreier on May 21, 2013 and pled guilty to an indictment that charged him with wire fraud. The maximum penalty upon conviction is 20 years' imprisonment, and a $250,000 fine.

In 2012, Terry Stimpert devised a scheme to steal money from investment accounts at Equity Trust Company. Posing as an actual account holder, Stimpert provided real account holder names, account numbers, and social security numbers, all of which he obtained during his employment with Equity Trust Company. Stimpert requested that money be wire transferred to an account he established at another financial institution.

The investigation was conducted by the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Jeffrey C. Clapper.

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

United States Attorney Brendan V. Johnson announced that Darin Moran, age 36, of Sioux City, Iowa appeared before U.S. District Judge Karen E. Schreier on May 21, 2013 and pled guilty to Count I of the indictment that charged him with Mail Fraud. The maximum penalty upon conviction is 20 years in prison, a $250,000 fine, or both.

From November 1, 2007 thru October 31, 2010, Moran was a certified repair technician working for Amerikit, an Apple service provider in South Dakota. In that capacity, Moran had particular knowledge and access to the Apple warranty process. This included Apple at times sending new parts that could be used in warranty-covered repairs. Moran utilized three separate methods, all resulting in Moran receiving computers and replacement parts from Apple free of charge. At times, he would make warranty claims on behalf of a personal side business he started, D & M Sales, thereby obtaining free parts that he used in his personal business. At times, he obtained junk parts through internet sources, then submitted fictitious warranty claims for those parts. Finally, at times, Moran submitted warranty claims to Apple for junk parts that he knew were not covered under warranty, such as parts damaged by liquid. He concealed the nature of the damage, and when necessary, replaced serial numbers to submit the parts as warranty-covered damage.

As part of his related scheme, Moran made and caused to be made hundreds of mailings, often via Federal Express. Each of these particular mailings involved parts Moran sent after affixing false serial numbers in an effort to intentionally deceive Apple into determining that they were warranted parts.

The investigation was conducted by the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Kevin Koliner.

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

United States Attorney Brendan V. Johnson announced that Tom J. Parsons, age 49, appeared before U.S. Magistrate Judge Mark A. Moreno on May 24, 2013, and pled not guilty to an Information that was filed on May 6, 2013, charging him with Injurious Articles as Nonmailable.  The maximum penalty upon conviction is 1 year of imprisonment, a $100,000 fine, or both. The charge is merely an accusation, and Parsons is presumed innocent until and unless proven guilty.

The investigation is being conducted by the United States Postal Service, and First Assistant U.S. Attorney Randolph J. Seiler is prosecuting the case.  Parsons was released on bond pending trial.  A trial date has not yet been set.

United States Attorney Brendan V. Johnson announced that Virgil Running Bear, Jr., age 40, was indicted by a federal grand jury on May 15, 2013, for Possession of a Firearm by a Prohibited Person.  Running Bear appeared before U.S. Magistrate Judge William D. Gerdes on May 23, 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 Running Bear is presumed innocent until and unless proven guilty.

The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Edmunds County Sheriff’s Office.  Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case.  Running Bear was remanded to the custody of the U.S. Marshal’s Service.  A trial date has not yet been set.

United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota man charged with Failure to Pay Legal Child Support was sentenced on May 20, 2013 by U.S. District Judge Roberto A. Lange.  Jesse L. Brown Otter, age 45, was sentenced to time served, a $100 special assessment to the Federal Crime Victims Fund, and child support restitution in the amount of $25,342.12.

Brown Otter was indicted on for failing to pay over $25,000 in past due child support by a federal grand jury on August 14, 2012.  He was ordered by the Eighth Judicial Circuit Court, Corson County, to pay $150 per month for his minor child, commencing August 1, 1992.  At the time of indictment, he had not made a child support payment since July 2007, and the total arrearage amount was $25,342.12.  He pleaded guilty to the charge on February 26, 2013.

This case was investigated the Department of Health and Human Services, Office of Inspector GeneralAssistant U.S. Attorney Thomas J. Wright prosecuted the case.

United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota man charged with Failure to Pay Legal Child Support was sentenced on May 20, 2013 by U.S. District Judge Roberto A. Lange.  Jesse L. Brown Otter, age 45, was sentenced to time served, a $100 special assessment to the Federal Crime Victims Fund, and child support restitution in the amount of $25,342.12.

Brown Otter was indicted on for failing to pay over $25,000 in past due child support by a federal grand jury on August 14, 2012.  He was ordered by the Eighth Judicial Circuit Court, Corson County, to pay $150 per month for his minor child, commencing August 1, 1992.  At the time of indictment, he had not made a child support payment since July 2007, and the total arrearage amount was $25,342.12.  He pleaded guilty to the charge on February 26, 2013.

This case was investigated the Department of Health and Human Services, Office of Inspector GeneralAssistant U.S. Attorney Thomas J. Wright prosecuted the case.

United States Attorney Brendan V. Johnson announced that Roman Evans Weasel, Sr., age 39, of McLaughlin, South Dakota appeared before U.S. District Judge Charles B. Kornmann on May 20, 2013 and pled guilty to a Superseding Information that charged him with Assault With a Dangerous Weapon and Domestic Assault by a Habitual Offender.

Each charge carries a maximum penalty of 10 years’ custody, a $250,000 fine or both, and a period of supervised release of 3 years. There is a $100 assessment to the Federal Crime Victims Fund and restitution may also be ordered.

The conviction stems from an incident during the early morning hours of March 5, 2012 when Weasel was at his home in McLaughlin. The victim, who was in a previous relationship with Weasel, came to his home and found Weasel and another person lying in bed together. Weasel saw the victim, became enraged and began to assault the victim with his fists and a knife he kept in his bedroom. As a result of the assault, the victim sustained multiple stab wounds and a broken nose. Weasel had previously been convicted on two or more occasions for assaults against intimate partners.

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

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 Lower Brule, South Dakota, woman has been indicted by a federal grand jury.

Monica Quilt, age 41, was indicted by a federal grand jury on May 15, 2013, for Assault With a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.  Quilt appeared before U.S. Magistrate Judge Mark A. Moreno on May 24, 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.  The charges are merely accusations, and Quilt is presumed innocent until and unless proven guilty.

The investigation is being conducted by the Bureau of Indian Affairs, Lower Brule Agency, and Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.  Quilt was remanded to the custody of the U.S. Marshal’s Service.  A trial date has not yet been set.

United States Attorney Brendan V. Johnson announced that Tyson J. Keepseagle, age 26, of Little Eagle, South Dakota appeared before U.S. District Judge Charles B. Kornmann on May 20, 2013 and pled guilty to Count I of the Indictment that charged him with Child Abuse.

The maximum penalty upon conviction is 15 years’ custody, a $250,000 fine or both, and a period of supervised release of 3 years. There is a $100 assessment to the Federal Crime Victims Fund and restitution may also be ordered.

The conviction stems from an incident on or around March 2, 2012 when Keepseagle was living with the victim’s mother in Little Eagle. Keepseagle was downstairs with the children, and when the victim’s mother went downstairs she saw Keepseagle holding down the victim, one hand covering her mouth and his other hand containing a fist full of the child’s hair. The victim’s mother immediately leapt on Keepseagle to get him off the victim, and Keepseagle then pinned the victim’s mother on the ground and began punching her.

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

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 Ira Weasel, age 32, of Little Eagle, South Dakota appeared before United States District Judge Charles B. Kornmann on May 20, 2013 and pled guilty to an Indictment that charged him with Assault Resulting in Serious Bodily Injury.

The charge carries a maximum penalty of 10 years’ custody, a $250,000 fine or both, 3 years supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.

The conviction stems from an incident on December 24, 2012 when Weasel was socializing at his sister’s home in Little Eagle. Also present was the victim, among others. At some point during the evening, Weasel and the victim got into a verbal altercation, at which time Weasel rushed the victim, pinned her against a wall and began to strangle her. The victim lost consciousness and her body went limp. Weasel released his grasp causing the victim to fall face first onto the floor, where she began to convulse and remained unconscious for several minutes.

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

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 an Eagle Butte, South Dakota man has been indicted by a federal grand jury for Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury and Failure to Register as a Sex Offender.

Chad Two Hearts, age 19, was indicted by a federal grand jury on May 20, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 20, 2013 and pled not guilty to the indictments.

The maximum penalty upon conviction of Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury is 10 years in custody, a $250,000, or both; 3 years of supervised release; and a $100 special assessment on each count. Restitution may also be ordered.

The maximum penalty upon conviction of Failure to Register as a Sex Offender is 5 years in custody, a $250,000 fine, or both; at least 5 years of supervised release; and a $100 Special Assessment. Restitution may also be ordered.

The Assault charges relate to an alleged incident in which Two Hearts is accused of assaulting a Swiftbird man in July 2012 with a wooden board or club. The assault resulted in serious injury to the victim. The Failure to Register as a Sex Offender charge relates to Two Hearts’ alleged failure to register and update a registration between April 2008 and April 2012, as required under the Sex Offender Registration and Notification Act after being convicted of a sex offense.

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

The investigation is being conducted by the Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Mikal Hanson is prosecuting the case.

Two Hearts 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 an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury.

Stanley Morrison, age 32, was indicted by a federal grand jury on May 15, 2013. He appeared before US Magistrate Judge Mark A. Moreno on May 23, 2013, and pled not guilty to the indictment. The maximum penalty upon conviction is 10 years in custody, a $250,000, or both.

The charge relates to an alleged incident that occurred in January of 2013 in which Morrison is accused of assaulting a Cherry Creek man and that the assault resulted in serious injury to the victim. The charge is merely an accusation, and Morrison is presumed innocent until and unless proven guilty.

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

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

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

Alisa Knight, age 29, was indicted by a federal grand jury on May 15, 2013 for Child Abuse and Neglect. Knight appeared before U.S. Magistrate Judge Mark A. Moreno on May 22, 2013 and pled not guilty to the Indictment.

The maximum penalty on each count 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 charges are merely accusations, and Knight is presumed innocent until and unless proven guilty.

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

Knight 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 Dennis Mallow, age 47, of Black Hawk, South Dakota appeared before U.S. Magistrate Judge Veronica L. Duffy on May 14, 2013 and pled guilty to Theft of Government Property. The maximum penalty upon conviction is 10 years of imprisonment and a $250,000 fine.

The charge relates to Mallow embezzling toolboxes, tools, equipment, gear, and other property, having a value in excess of $30,000, from the South Dakota Army National Guard between October 1, 2009 and September 7, 2012.

The investigation was conducted by the Federal Bureau of Investigation and the South Dakota Army National Guard. The case is being prosecuted by Assistant U.S. Attorney Wayne Venhuizen.

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

United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child, Aggravated Sexual Contact with a Child, and Abusive Sexual Contact.

Vernon Blackhorse, age 63, was indicted by a federal grand jury on May 15, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 20, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is up to life in custody, a $250,000 fine, or both; life of supervised release; and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

The charge is merely an accusation and Blackhorse 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.

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

United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.

Dwight Black Spotted Horse, age 28, was indicted by a federal grand jury on May 15, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 20, 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 Black Spotted Horse is presumed innocent until and unless proven guilty.

The investigation is being conducted by the U.S. Marshal Service. Assistant U.S. Attorney Marie H. Ruettgers is prosecuting the case.

Black Spotted Horse was remanded to the custody of the U.S. Marshal pending trial. A trial date has not been set.

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

Ricardo Avila, age 53, was indicted by a federal grand jury on November 19, 2012 for Distribution of a Controlled Substance, Firearm Offense and Asset Forfeiture. Avila appeared before U.S. Magistrate Judge Mark A. Moreno on May 20, 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; at least 3 years of supervised release, an additional 3 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 Avila 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.

Avila 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 Randall Murray, age 50, of Glenham, South Dakota appeared before U.S. District Judge Charles B. Kornmann on May 20, 2013 and pled guilty to Count II of the Indictment that charged him with Distribution of a Controlled Substance.

The maximum penalty upon conviction is 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 stems from an incident wherein Murray, on or about June 24, 2011, did knowingly and intentionally distribute marijuana, a Schedule I controlled substance.

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

Murray was released on bond pending sentencing which has been set for September 23, 2013.

United States Attorney Brendan V. Johnson announced that Brent Flood, age 24, of Fort Pierre, South Dakota appeared before U.S. District Judge Roberto A. Lange on May 20, 2013 and pled guilty to the Indictment that charged him with Failure to Appear.

The maximum penalty upon conviction is 5 years of imprisonment, a $250,000 fine, or both; 3 years of supervised release; an additional 2 years of supervised release upon revocation; and a mandatory $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.

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

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

Flood was remanded to the custody of the U.S. Marshals Service pending sentencing which has been set for July 9, 2013.

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

Jeryn Big Eagle, age 37, was indicted by a federal grand jury on May 15, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 21, 2013 and pled not guilty to the indictment.

The maximum penalty on each count upon conviction is 10 years' imprisonment, a $250,000 fine or both, and a period of supervised release of 3 years. The charges are merely accusations and Big Eagle is presumed innocent until and unless proven guilty.

The investigation is being conducted by the Cheyenne River Law Enforcement Services. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.

Big Eagle 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 a Pierre, South Dakota man convicted of Possession of a Controlled Substance was sentenced on May 20, 2013 by U.S. District Judge Roberto A. Lange.

Rider Sheard, age 19, was sentenced to 2 years’ probation, a $1,500 fine, and a $25 special assessment to the Federal Crime Victims Fund.

Sheard was indicted for Distribution of a Controlled Substance by a federal grand jury on September 19, 2012 and pled guilty to a Superseding Information on February 5, 2013. The charge stems from an incident wherein Sheard, on or about May 17, 2012, knowingly and intentionally possessed marijuana, a Schedule I controlled substance.

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

United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota man was convicted of being a Felon in Possession of a Firearm and was sentenced on May 20, 2013 by U.S. District Judge Roberto A. Lange.

Kimo Little Bird, age 31, was sentenced to 36 months’ imprisonment, 2 years of supervised release, $1,750 restitution to the Standing Rock Game and Fish Department for the unlawful taking of a hawk, and a $100 special assessment to the Federal Crime Victims Fund.

Little Bird was indicted by a federal grand jury in December of 2012. The conviction stems from when Little Bird was arrested for an outstanding tribal warrant. During the arrest, law enforcement found an additional firearm at the residence where the Defendant was staying. The Defendant admitted that the firearm belonged to him and that he knew he was prohibited from possessing the firearm because he had a previous felony conviction.

This case was investigated by the U.S. Fish & Wildlife Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy Morley prosecuted the case.

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

United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.

Koty Arcoren, age 21, was indicted by a federal grand jury on May 15, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 20, 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 Arcoren is presumed innocent until and unless proven guilty.

The investigation is being conducted by the U.S. Marshal Service. Assistant U.S. Attorney Tim Maher is prosecuting the case.

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

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

Estella Melchor, age 34, was indicted by a federal grand jury on November 6, 2012 for failing to pay over $14,850.00 in past due child support. She appeared before U.S. Magistrate Judge John E. Simko on May 13, 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 Melchor 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.

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

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

Randal Kent Hansen, age 65, was indicted by a federal grand jury on May 8, 2013 for Conspiracy to Commit Wire Fraud and Mail Fraud; Wire Fraud; and Mail Fraud. He appeared before U.S. Magistrate Judge John E. Simko on May 15, 2013 and pled not guilty to the indictment.

The maximum penalty upon conviction is 20 years imprisonment, a $250,000 fine or both. The charge is merely an accusation and Hansen is presumed innocent until and unless proven guilty.

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

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

United States Attorney Brendan V. Johnson announced that Corey Brandon Morrison, age 24, of Sioux Falls, South Dakota appeared before U.S. District Judge Karen E. Schreier on May 17, 2013 for a change of plea hearing. Pursuant to a plea agreement, Morrison pled guilty to one count of Conspiracy to Distribute a Controlled Substance Analogue and one count of Money Laundering.

The drug charge carries a maximum sentence of 20 years in prison, a $1,000,000 fine, or both. The maximum sentence for the money laundering charge is 10 years in prison, a $250,000 fine, or both.

Under federal law, a controlled substance analogue is a substance which has a chemical structure that is similar to certain controlled substances and has an effect on the central nervous system which is intended to be similar to those controlled substances. Where controlled substance analogues are intended for human consumption, they are treated as controlled substances.

Morrison was indicted on October 10, 2012 by a federal grand jury. The indictment was the result of an investigation involving the Roll With It stores located in Sioux Falls.

Morrison’s conviction stems from his involvement in a drug conspiracy he joined in September 2011. As a participant in this conspiracy, Morrison sold analogue drugs to businesses in Sioux Falls where it was, in turn, sold to customers. Morrison was aware the customers were ingesting the substances to get high. Additionally, he deposited the illegal monetary gain into his personal bank account.

“Last year we stated that we would aggressively pursue anyone who was involved in the distribution of analogue drugs in South Dakota. We said what we meant, and meant what we said. There will be consequences for anyone who sells these drugs in our state,” said U.S. Attorney Johnson following the guilty plea.

The investigation was conducted by the U.S. Drug Enforcement Administration, the Internal Revenue Service, and the Sioux Falls Area Drug Task Force. U.S. Attorney Brendan Johnson and Assistant U.S. Attorney John E. Haak are prosecuting the case.

Morrison’s sentencing has been scheduled for August 2, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.

United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota man convicted of Assault with a Dangerous Weapon was sentenced on May 15, 2013 by U.S. District Judge Roberto A. Lange.

Aaron Sharpfish, age 21, was sentenced to 394 days in custody, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.

Sharpfish was indicted by a federal grand jury on April 10, 2012 and pled guilty to the charge on March 5, 2013.

The conviction stems from an incident that took place on November 21, 2011, when Sharpfish hit the victim causing him to fall to the ground. Sharpfish then kicked the victim in the head and face several times causing a fracture to the victim’s eye.

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

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

United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota man convicted of Abusive Sexual Contact was sentenced on May 14, 2013 by U.S. District Judge Roberto A. Lange.

Robert I. Pomani, age 21, was sentenced to 24 months’ imprisonment, 5 years of supervised release and a $100 special assessment to the Federal Crime Victims Fund.

Pomani was indicted by a federal grand jury in October of 2012. He pled guilty to a Superseding Information on February 15, 2013. The conviction stems from an incident in December of 2010 when Pomani was in a relationship with the victim. At that time, Pomani was 19 years old and at least 4 years older than the victim. While in the relationship, Pomani engaged in conduct which resulted in abusive sexual contact.

This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley prosecuted the case.

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

United States Attorney Brendan V. Johnson announced that a Parmelee, South Dakota man has been indicted by a federal grand jury for Aggravated Sexual Abuse, Sexual Abuse, Aggravated Incest and Witness Tampering.

Ian James Burning Breast, age 20, was indicted by a federal grand jury on May 14, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 15, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is up to life in custody, a $250,000 fine, or both; 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 Burning Breast 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 Timothy M. Maher is prosecuting the case.

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

United States Attorney Brendan V. Johnson announced that Tim Two Bulls, age 24, of Oglala, South Dakota appeared before U.S. Magistrate Judge Veronica L. Duffy on May 10, 2013 and pled guilty to Sexual Abuse. The maximum penalty upon conviction is life imprisonment and a $250,000 fine.

Two Bulls was indicted for unlawfully entering the home of another person on December 16, 2011 in the Red Shirt Table Community. While in this home, Two Bulls engaged in a sexual act with a female, without her permission.

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

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

United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota woman convicted of Assaulting, Resisting and Impeding a Federal Officer was sentenced on May 15, 2013 by U.S. District Judge Roberto A. Lange.

Lauren LaRoche, age 24, was sentenced to 12 months of imprisonment, 6 months of supervised release, and a $25 special assessment to the Federal Crime Victims Fund.

LaRoche was indicted by a federal grand jury on March 13, 2013. She pled guilty to an Information on May 15, 2013. The charge stems from an incident on February 8, 2013 wherein LaRoche, and her brother, Marty LaRoche, who has pled guilty and is awaiting sentencing, both did forcibly assault, resist, oppose, impede, intimidate, and interfere with a federal officer while the officer was engaged in the performance of his official duties.

LaRoche also pled guilty to a Petition to Revoke Supervised Release and was sentenced to 5 months of imprisonment to be served consecutively with the above sentence. That charge stems from a previous conviction regarding an original offense of Possession of a Controlled Firearm, for which she was sentenced to 18 months in custody and 2 years of supervised release.

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

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

United States Attorney Brendan V. Johnson announced that a Radcliffe, Iowa man charged with Failure to Pay Legal Child Support was sentenced on May 13, 2013 by U.S. District Judge Karen E. Schreier.

Leroy R. Boster, age 36, was sentenced to six months’ home confinement, 5 years of probation, a $100.00 special assessment to the Federal Crime Victims Fund, and child support restitution in the amount of $36,479.24.

Boster was indicted on two counts of failing to pay past due child support by a federal grand jury on June 8, 2011. He was ordered by the Third Judicial Circuit Court, Beadle County, to pay $150.00 per month to a custodial parent for his minor child, commencing April 1, 2000. The support amount was subsequently modified to $156.00 per month commencing January 1, 2007. At the time of indictment, he had not made a child support payment since December of 2009, and the total arrearage amount owed to that custodial parent was $18,423.94.

In addition, he was ordered by the Second Judicial Circuit Court, Minnehaha County, to pay $141.00 per month to another custodial parent for his minor child, commencing January 1, 1997. The same order entered a judgment in the amount of $1,569.00 for past due support and DNA tests. At the time of indictment, he had not made a child support payment since December of 2009, and the total arrearage amount owed to that custodial parent was $15,274.64. He pled guilty to the charge on May 13, 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.

United States Attorney Brendan V. Johnson announced that Terry M. Beard, age 46, of Edgemont, South Dakota appeared before U.S. Magistrate Judge Veronica L. Duffy, on May 8, 2013, and pled guilty to False Claim. The maximum penalty upon conviction is 5 years of imprisonment and a $250,000 fine.

Beard was indicted on July 24, 2012 for receiving unemployment insurance benefit payments from the U.S. Railroad Retirement Board when he knew he was not entitled to them.

The investigation was conducted by the U.S. Railroad Retirement Board-Office of Inspector General. The case is being prosecuted by Assistant U.S. Attorney Wayne Venhuizen.

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

United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota man convicted of Assault Resulting in Serious Bodily Injury was sentenced on May 14, 2013 by U.S. District Judge Roberto A. Lange.

Isiah Mesteth, age 23, was sentenced to 72 months of imprisonment; 2 years of supervised release; and a $100 special assessment to the Federal Crime Victims Fund.

Mesteth was indicted by a federal grand jury on September 18, 2012 and pled guilty to the above offense on February 5, 2013.

The charge stems from an incident wherein Mesteth, on October 4, 2011, assaulted his significant other during an argument. Mesteth hit and kicked her in the face and body several times, causing her nose and lips to bleed, as well as bruising and swelling to her face and arms. He also sexually assaulted her in a manner that caused extreme physical pain.

The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Division and the Federal Bureau of Investigation. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.

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