District of South Dakota

United States Attorney Brendan V. Johnson announced that Frank Hill, age 38, of Eagle Butte, South Dakota appeared before U.S. District Judge Roberto A. Lange on May 14, 2013 and pled guilty to Sexual Abuse of a Person Incapable of Consenting.

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

The conviction arose from Hill’s sexual assault in November of 2009 of an adult female victim.

The investigation was conducted by 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 8, 2013. Hill will report to the U.S. Marshals Service on May 21, 2013.

United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury and aiding and abetting both assaults with two other co-defendants.

Martin Garreau, a/k/a Damion Yellow Earrings, age 19, was indicted by a federal grand jury on April 12, 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 10 years in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 special assessment on each count. Restitution may also be ordered.

The charges relate to an alleged incident in which Garreau is accused of assaulting an Eagle Butte man in November 2012 with glass bottles that resulted in serious injury to the victim. The charges are merely accusations, and Garreau 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.

Garreau 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 William Vandervier, age 26, of Dupree, South Dakota appeared before U.S. District Judge Roberto A. Lange on May 15, 2013 and pled guilty to the Superseding Information that charged him with First Degree Burglary and Simple Assault.

The maximum penalty upon conviction for First Degree Burglary is 25 years of custody, a $250,000 fine, or both; up to 5 years of supervised release; a $100 special assessment; and the Court could order restitution to the victim. The maximum penalty for Simple Assault is 6 months of custody and a $5,000 fine, or both; and a $10 special assessment.

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

The investigation was conducted by 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 5, 2013. The defendant was remanded to the custody of the U.S. Marshals Service pending sentencing.

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

Ray Young, age 49, was sentenced to 8 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 $14,542.98.

Young was indicted for failing to pay over $13,199.00 past due child support by a federal grand jury on April 4, 2012. He was ordered by the Arizona Superior Court, Maricopa County, AZ, to pay $117.00 per month for his minor child, commencing February 1, 2005. At the time of indictment, he had not made a child support payment since March of 2009, and the total arrearage amount was $13,199.98. 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 a Wakpala, South Dakota man convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on May 13, 2013 by U.S. District Judge Charles B. Kornmann.

Dustin Swimmer, age 27, was sentenced to 37 months of imprisonment, 3 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Swimmer was indicted by a federal grand jury on February 14, 2012. He pled guilty to a Superseding Information on January 3, 2013. The charge stems from an incident in 2011 in which Swimmer knowingly and intentionally possessed methamphetamine, a Schedule II controlled substance, and assisted in its distribution.

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

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

United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota man convicted of Manslaughter was sentenced on May 13, 2013 by U.S. District Judge Charles B. Kornmann.

Jody Charles Red Bird, age 33, was sentenced to 18 months of imprisonment, 3 years of supervised release, restitution in the amount of $6,265.16 and a $100 special assessment to the Federal Crime Victims Fund.

Red Bird was indicted for by a federal grand jury in July of 2012. He pled guilty to the Indictment on January 2, 2013. The conviction stems from an incident on or about June 12, 2012 when the Defendant and others were drinking alcohol at Timber Lake and eventually decided to travel to McLaughlin.

Red Bird was driving the vehicle and while enroute to McLaughlin, he lost control of the vehicle and slid into the ditch abutting the opposing lane of traffic. The vehicle rolled several times and both Red Bird and the victim were ejected. As a result of the injuries sustained in the accident, the victim died.

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

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

United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota man convicted of Assaulting a Federal Officer was sentenced on May 13, 2013 by U.S. District Judge Charles B. Kornmann.

Ronnie White Mountain, age 44, was sentenced to 18 months’ imprisonment, 1 year of supervised release and a $100 special assessment to the Federal Crime Victims Fund.

White Mountain was indicted for by a federal grand jury in June of 2012. He pled guilty to a Superseding Information on October 15, 2012. The conviction stems from an incident on February 1, 2012 near McLaughlin when a federal law enforcement officer observed White Mountain driving in an erratic manner. The officer followed White Mountain for a period of time, and ultimately activated his lights when the Defendant pulled into a private residence.

The officer made an attempt to determine if White Mountain was under the influence of alcohol but the Defendant refused to comply. When the officer attempted to arrest White Mountain, he became combative and the officer used his Taser. White Mountain removed the leads and charged into the officer.

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

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

United States Attorney Brendan V. Johnson announced that Tajahn Clinton, age 35, of Sioux Falls, South Dakota appeared before U.S. District Judge Karen E. Schreier on May 15, 2013, and pursuant to a plea agreement pled guilty to Count 2 of the Fourth Superseding Indictment that charged Clinton with Sex Trafficking by Force, Fraud, or Coercion. 

The charge carries a mandatory minimum prison sentence of 15 years and a maximum of life.  In the plea agreement, the United States and Clinton agreed to a specific sentence of 402 months.  The Court has deferred acceptance of the plea agreement pending the results of the presentence report. 

“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 investigate and prosecute anyone who tries to profit off the sexual exploitation of our most vulnerable citizens,” said U.S. Attorney Johnson.   

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

Sentencing has been scheduled for August 12, 2013.  The defendant was remanded to the custody of the U.S. Marshal pending sentencing.  

United States Attorney Brendan V. Johnson announced that a Fort Pierre, South Dakota man convicted of Possession of a Controlled Substance was sentenced on May 13, 2013 by U.S. Magistrate Judge Mark A. Moreno.

Brent Flood, age 23, was sentenced to 6 months of imprisonment, a $1,000 fine, and a $25 special assessment to the Federal Crime Victims Fund.

Flood was indicted by a federal grand jury on September 19, 2012. He pled guilty to a Superseding Information on March 12, 2013. The charge stems from an incident on April 5, 2012 wherein Flood 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.

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

United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota man convicted of Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury was sentenced on May 13, 2013 by U.S. District Judge Roberto A. Lange.

Leon Farlee, age 40, was sentenced to 60 months in custody, 2 years of supervised release, $127,716.74 in restitution, and a $200 special assessment to the Federal Crime Victims Fund.

Farlee was indicted by a federal grand jury in April 2012. He was convicted following a jury trial in Pierre on February 22, 2013. The conviction arose out of an unlawful assault that occurred in Eagle Butte in March 2012, when the defendant assaulted a 62-year-old man from Dupree, by hitting and kicking him with cowboy boots, which caused serious bodily injury to the victim.

The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Division. The case was prosecuted by Assistant U.S. Attorney Mikal Hanson. Farlee was remanded to the custody of the U.S. Marshals Service to begin serving his sentence.

United States Attorney Brendan V. Johnson announced that a Dewey County man convicted of Assault Resulting in Serious Bodily Injury was sentenced on May 13, 2013 by U.S. District Judge Roberto A. Lange.

Norman Little Shield, Jr., age 21, was sentenced to 27 months of custody, 1 year of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Little Shield, Jr., was indicted by a federal grand jury on November 15, 2012 for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury. He pled guilty to Assault Resulting in Serious Bodily Injury on February 25, 2013.

The conviction arose from an incident that occurred in July 2012 when Little Shield, Jr., assaulted an adult male in Cherry Creek, South Dakota.

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

Little Shield, Jr., was remanded to the custody of the U.S. Marshals Service to begin serving his sentence.

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

Joshua Hale, age 22, was sentenced to 5 months in custody and a $10 special assessment to the Federal Crime Victims Fund.

Hale was indicted by a federal grand jury on November 15, 2012 for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury. He pled guilty to Assault by Striking, Beating and Wounding on January 18, 2013.

The conviction arose from an incident that occurred in July 2012 when Hale assaulted an adult male in Cherry Creek, South Dakota.

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

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

United States Attorney Brendan V. Johnson announced that a Porcupine, South Dakota man convicted of Assault Resulting in Serious Bodily Injury was sentenced on May 3, 2013 by Chief Judge Jeffrey L. Viken, United States District Court.

Lucas J. Tail, age 19, was sentenced to time served and 3 years of supervised release and ordered to pay $100 to the Federal Crime Victims Fund.

In June 2012, at Pine Ridge, Tail stabbed a man with a knife, causing him extreme pain and injuries to his sternum, left shoulder, and back. Tail pleaded guilty on December 5, 2012.

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

United States Attorney Brendan V. Johnson announced that a Porcupine, South Dakota man convicted of Assault by Striking, Beating, and Wounding was sentenced on May 3, 2013 by U.S. Magistrate Judge Veronica L. Duffy.

Quentine Lone Elk, age 46, was sentenced to 2 years of probation and ordered to pay $10 to the Federal Crime Victims Fund.

In October 2011, near Porcupine, Lone Elk cut another man with a knife. He pled guilty on March 8, 2013.

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

United States Attorney Brendan V. Johnson announced that Pamela Belt, age 49, of Pine Ridge, South Dakota appeared before U.S. Magistrate Judge Veronica L. Duffy on May 8, 2013 and pled guilty to Assault on a Federal Officer.

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

On June 10, 2012, near Oglala, Belt physically resisted an Oglala Sioux Tribal officer as he was attempting to arrest her.

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 Eric Kelderman.

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 North Platte, Nebraska man has been indicted by a federal grand jury for allegedly engaging in a sexual act with a three year old on July 25, 2011 at Allen, South Dakota.

Frank Red Bear, age 44, was indicted by a federal grand jury on April 16, 2013 for Aggravated Sexual Abuse of a Minor. Red Bear appeared before U.S. Magistrate Judge Veronica L. Duffy on May 8, 2013 and pled not guilty to the indictment.

The minimum penalty upon conviction is 30 years of imprisonment and a $250,000 fine. The charge is merely an accusation and Red Bear 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.

Red Bear 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 Rapid City man, Richard Harris Bear Runner, was convicted on May 8, 2013 by a jury in federal court on charges of Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.

Bear Runner, age 24, was indicted in November 2012 after an investigation conducted by the Bureau of Indian Affairs Office of Justice Services and the Oglala Sioux Tribe Department of Public Safety. The maximum penalty upon conviction is 10 years= imprisonment and/or a $250,000 fine.

Johnson said the charges relate to an incident occurring in September 2012 when Bear Runner assaulted a woman with a wooden stick that had a sharp hook on it, causing multiple cuts on her legs and back.

The case was prosecuted by Assistant U.S. Attorneys Sarah B. Collins and Wayne A. Venhuizen. A sentencing date has not been set.

United States Attorney Brendan V. Johnson announced that brothers Joey White Eagle, age 32, from Fort Totten, North Dakota, and Ansel White Eagle, Jr., age 33, from Bullhead, South Dakota were convicted of Assault by Striking, Beating and Wounding and were sentenced on May 8, 2013 by U.S. Magistrate Judge William D. Gerdes.

Ansel White Eagle, Jr. was sentenced to 6 months in custody and a $10 assessment to the Federal Crime Victims Fund. Joey White Eagle was sentenced to one year of probation with four months of home confinement and a $10 assessment to the Federal Crime Victims Fund.

The convictions stem from a gang fight that occurred on April 24, 2010 at Bullhead between the Little Eagle family and their supporters, and the White Eagle family and their supporters.

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

Ansel White Eagle, Jr., was remanded to the custody of the U.S. Marshal to begin serving his sentence.

United States Attorney Brendan V. Johnson announced that John Martin, age 74, of Spearfish, South Dakota appeared before U.S. Magistrate Judge Veronica L. Duffy on May 9, 2013 and pled guilty to a charge of Mail Fraud and a charge of Misbranding of a Drug. The maximum penalty upon conviction is 20 years' imprisonment and/or a $250,000 fine.

Between February 27, 2007 and December 31, 2011, Martin, who is not a physician, instructed a person to send him money and samples of blood, saliva, and hair so he could test the samples for cancer. Additionally, in April 2011 Martin directed a person to take herbal supplement pills as a treatment for cancer.

The investigation was conducted by the U.S. Postal Inspection Service, the U.S. Food and Drug Administration-Office of Criminal Investigations, the South Dakota Division of Criminal Investigation, the Spearfish Police Department, the Belle Fourche Police Department, and the Butte County Sheriff=s Office. The case is being prosecuted by Assistant U.S. Attorney Eric Kelderman.

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

United States Attorney Brendan V. Johnson announced that a McLaughlin, South Dakota woman appeared before U.S. Magistrate Judge William D. Gerdes on May 9, 2013 and pled guilty to a Superseding Information charging Assault by Striking, Beating and Wounding and Simple Assault.

Thomasine Long Feather, age 21, was sentenced to 30 days in custody on each count to run concurrent, and a $20 special assessment to the Federal Crime Victims Fund.

Long Feather 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 unlawfully entered a home in McLaughlin with the intention of confronting the victim about a prior argument between them. Upon entering the home, the Defendant threw the victim to the ground and began to repeatedly strike the victim on the head and face.

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

Long Feather is to self-surrender on May 28, 2013 to begin serving her sentence.

United States Attorney Brendan V. Johnson announced that Jeffrey Volk, age 42, of McLaughlin, South Dakota appeared before U.S. District Judge Charles B. Kornmann on May 9, 2013 and pled guilty to Count III of the Information that charged him with Lacey Act Violations.

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

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

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

Volk was released on bond pending sentencing which has been set for August 12, 2013.

United States Attorney Brendan V. Johnson announced that Marco Uribe, age 25, of Sioux City, Iowa appeared before U.S. District Judge Charles B. Kornmann on May 9, 2013 and pled guilty to the Superseding Indictment that charged him with Kidnapping and Brandishing a Firearm During, in Relation to, or in Furthermore of a Crime of Violence.

The maximum penalty upon conviction is any term of years, up to life, of imprisonment, a $250,000 fine, or both; 5 years of supervised release and an additional 5 years of supervised release upon revocation. Restitution and a $100 special assessment on each count to the Federal Crime Victims Fund 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. Marco Uribe and others kidnapped several “suspects” and took them to another location. Once there, the victims were assaulted with shod feet and hit with firearms. Uribe stuck his gun in one victim’s mouth while questioning him about the stolen drugs and cash. The victims denied knowing anything about the thefts. The 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.

Uribe was remanded to the custody of the U.S. Marshal Service pending sentencing which has been set for August 12, 2013.

United States Attorney Brendan V. Johnson announced today that ten individuals have been arrested and indicted in federal court as a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

Operation Black Widow has been a multi-year investigation and has resulted in the following indictments:

Sean Jason Romanjenko, 39, of Deadwood: Charged with Felon in Possession of Firearm. If convicted, Romanjenko could face a maximum sentence of 10 years in prison, a $250,000 fine, or both.

Tracy Kay Voss, 31, of Watertown: Charged with Making False Statements in the Acquisition of Firearms. If convicted, Voss could face a maximum sentence of 10 years in prison, a $250,000 fine, or both.

Todd Karl Bramer, 46, of Watertown: Charged with Possession of Firearms by a Prohibited Person. If convicted, Bramer could face a maximum sentence of 10 years in prison, a $250,000 fine, or both.

Robert Gray Graham, 72, of Watertown: Charged with Wire Fraud. If convicted, Graham could face a maximum sentence of 30 years in prison, a $1 million fine, or both.

Eric Allen Block, 37, of Watertown: Charged with conspiracy to distribute 50 grams or more of methamphetamine.

Patricio Rodriguez Pena, 55, of Sioux Falls: Charged with conspiracy to distribute 50 grams or more of methamphetamine.

Robin Lee Engel, 41, of Watertown: Charged with conspiracy to distribute 50 grams or more of methamphetamine.

Christopher McDaniel Schmidt, 39, of Watertown: Charged with conspiracy to distribute 50 grams or more of methamphetamine.

Richard Donald Ruml, 42, of Watertown: Charged with conspiracy to distribute 50 grams or more of methamphetamine.

Chad Everic Haight, 40, of Watertown: Charged with conspiracy to distribute 50 grams or more of methamphetamine.

If convicted, Block, Pena, Engel, Schmidt, Ruml, and Haight could face a mandatory minimum of 10 years in prison, maximum life, a $10 million fine, or both.

"Operation Black Widow is an extensive criminal investigation into a wide variety of alleged criminal activity, including illegal gun and drug trafficking. The Operation is led by the ATF with significant assistance from other law enforcement agencies including the Watertown Police Department, the Codington County Sheriff, the SD Division of Criminal Investigation, and the Drug Enforcement Administration,” said U.S. Attorney Johnson.

Special Agent in Charge Scott Sweetow of the ATF St. Paul Field Division added, "This ongoing proactive investigation has resulted in the arrest of several individuals who have allegedly violated numerous federal and state laws, including violent crimes, in the state of South Dakota. ATF will continue to pursue those who pose a danger to our community.”

The charges contained in the indictments are merely accusations, and all of the individuals named are presumed innocent unless and until they are proven guilty. The case is being prosecuted by Assistant U.S. Attorney John E. Haak.

Pena, Block, Haight, and Romanjenko were detained. All other defendants were released on conditions.

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

Frank Swalley, age 29, was indicted by a federal grand jury on July 18, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 8, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is up to 10 years in custody, a $250,000 fine, or both; 3 years of supervised release; and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

The charge is merely an accusation and Swalley 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 Timothy M. Maher is prosecuting the case.

Swalley was remanded to the custody of the U.S. Marshal pending trial. A trial date is set for July 9, 2013.

United States Attorney Brendan V. Johnson announced that a Marshall, Minnesota man charged with Failure to Pay Legal Child Support was sentenced on May 3, 2013 by U.S. Magistrate Court Judge John E. Simko.

Larry T. Davis, age 38, was sentenced to 2 years of probation, a $10 special assessment to the Federal Crime Victims Fund, and child support restitution in the amount of $12,974.00.

Davis was indicted for failing to pay over $11,774.00 by a federal grand jury on December 4, 2012. On or about January 1, 2010, a past due child support obligation was imposed on Davis by the Third Judicial Circuit Court, Brookings County, South Dakota for the benefit of his minor child. The obligation went unpaid for more than one year and was in an amount greater than $5,000. At that time, the defendant was residing in Minnesota while his minor child resided in South Dakota. From that date and continuing to the present, Davis has willfully and unlawfully failed to pay this past due child support obligation. He pled guilty to the charge on April 12, 2013.

This case was investigated by 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 Lena Flying By, age 46, of Eagle Butte, South Dakota appeared before U.S. District Judge Roberto A. Lange on May 7, 2013 and pled guilty to Count II of the Indictment that charged her 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 period of 2 years of supervised release and an additional year 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 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 aiding and abetting the selling of marijuana in her 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 July 22, 2013.

United States Attorney Brendan V. Johnson announced that Earl Grindstone, age 28, of Eagle Butte, South Dakota appeared before U.S. District Judge Roberto A. Lange on May 7, 2013 and pled guilty to Count I of the Indictment that charged him with Distribution of a Controlled Substance.

The maximum penalty upon conviction is not more than 5 years of imprisonment, a $250,000 fine, or both; a mandatory period of 2 years of supervised release and an additional year 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 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. Grindstone admitted to selling marijuana.

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.

Grindstone was released on bond pending sentencing which has been set for July 22, 2013.

United States Attorney Brendan V. Johnson announced that Lyle Sutton, age 26, of Wounded Knee, appeared before U.S. Magistrate Judge Veronica L. Duffy on May 3, 2013, and pleaded guilty to Assault with a Dangerous Weapon.  The Magistrate Judge is expected to recommend Sutton’s plea be accepted by the District Court.  The maximum penalty upon conviction is 10 years' imprisonment and/or a $250,000 fine.

On December 28, 2012, Sutton struck a woman with a wooden bat, causing nasal and cheek fractures and severe bruising on her back.  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. Attorneys Wayne A. Venhuizen and Sarah B. Collins.

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

United States Attorney Brendan V. Johnson announced that a Sturgis woman convicted of Larceny was sentenced on May 6, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court.  Melody Wouden, a/k/a Melody Delong, age 49, was sentenced to 6 months of unsupervised probation and ordered to pay $25 to the Federal Crime Victims Fund.

Wouden was indicted for False Statement and Larceny by a federal grand jury on October 23, 2012.  The charges related to Wouden stealing less than $1,000 from the American Federation of Government Employees (AFGE) Local 2342 while she was serving as the labor union’s president between 2008 and 2011.  Wouden pleaded guilty to the Larceny charge on January 15, 2013.

This case was investigated by the Department of Labor.  Assistant U.S. Attorney Wayne Venhuizen prosecuted the case.

United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota, man convicted of Assaulting, Resisting, Opposing and Impeding a Federal Officer was sentenced on May 7, 2013, by U.S. District Judge Roberto A. Lange.  Jeffrey Lynn Curry, age 29, was sentenced to 20 months in custody, 2 years of supervised release, and $100 to the Federal Crime Victims Fund.

Curry was indicted by a federal grand jury on August 22, 2013, and pled guilty to the charge on February 12, 2013.

The conviction stems from an incident that took place on July 22, 2012, when Curry’s vehicle was being pursued by officers.  Curry drove his vehicle at an officer’s vehicle, which caused the officer’s vehicle to leave the roadway to avoid being hit.  Curry used similar driving behaviors to force other officers and at least one citizen to take evasive action to avoid Curry’s vehicle.

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

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

United States Attorney Brendan V. Johnson announced that Kelcey Andrews, age 21, of Rosebud, South Dakota, appeared before U.S. Magistrate Judge Mark A. Moreno on May 7, 2013, and pled guilty to Assault by Striking, Beating and Wounding, and Simple Assault.  The maximum penalty upon conviction on each count is 6 months in custody, a $5,000 fine, or both; and $10 to the Federal Crime Victims Fund.

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

The investigation was conducted by 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 July 8, 2013.  Andrews was released on bond pending sentencing.

United States Attorney Brendan V. Johnson announced that Gary Scott Whiting, age 49, of Rapid City, appeared before U.S. Magistrate Judge Veronica L. Duffy on May 3, 2013, and pleaded guilty to Distribution of Child Pornography.  The Magistrate Judge is expected to recommend Whiting’s plea be accepted by the District Court.  The penalty upon conviction is 5 years mandatory minimum up to 20 years of imprisonment and/or a $250,000 fine.

Between May and July 2012, at Rapid City, Whiting knowingly distributed material that contained images of child pornography. 

The investigation was conducted by the South Dakota Division of Criminal Investigation.  The case is being prosecuted by Assistant U.S. Attorney Sarah B. Collins.

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

United States Attorney Brendan V. Johnson announced that Terace Castaway, age 30, of Mitchell, South Dakota, appeared before U.S. District Judge Roberto A. Lange on May 6, 2013, and pled guilty to the Superseding Information that charged him with Sexual Abuse.  The maximum penalty upon conviction is life in prison, a $250,000 fine, or both; a mandatory minimum term of 5 years up to life of supervised release.  If Castaway is found by a preponderance of the evidence to have violated a condition of supervised release, he may be incarcerated for an additional term of up to 5 years on any such revocation with one exception. If Castaway commits a new felony violation of chapter 109A (sexual abuse), chapter 110 (sexual exploitation and other abuse of children), chapter 117 (transportation for illegal sexual activity and related crimes), section 1201 (kidnaping), or section 1591 (sex trafficking of children or by force, fraud, or coercion), while on supervised release, he may be incarcerated for a mandatory minimum term of 5 years up to life for such a violation.  Restitution and a $100 special assessment to the Federal Crime Victims Fund may also be ordered. 

The charge stems from an incident that took place between August 1, 2008, and May 31, 2009, when Castaway knowingly engaged in a sexual act with a child by the use of fear.  As part of the plea agreement, Castaway also admitted to sexually abusing three other young girls.

The investigation was being conducted by the Federal Bureau of Investigation, and Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.  A Presentence Investigation Report has been ordered. 

Castaway was remanded to the custody of the U.S. Marshal pending sentencing which has been set for August 5, 2013.

United States Attorney Brendan V. Johnson announced that Edward J.S. Picardi, age 56, a former Rapid City surgeon who resides in Sturgis, South Dakota was sentenced by Chief Judge Jeffrey L. Viken, U.S. District Court, on May 7, 2013.

Picardi was previously convicted of 13 separate counts, including five counts of tax evasion for years 1999 through 2003; five counts of making false statements on each of his tax returns for years 2004 through 2008; and three counts of failing to file required reports with the United States Treasury Department in 2007 through 2009 disclosing his interest in foreign accounts.

Picardi received the statutory maximum sentence of 60 months in custody for Counts 1-5 of tax evasion; 36 months for Counts 6-10 of making false statements; and 60 months for Counts 11-13 of failing to file required reports. The sentences will run concurrently for a total of 60 months in custody. He also received 1 year of supervised release and was ordered to pay a $1,300 special assessment fee.

“Dr. Picardi’s attempt to hide his assets wasn’t tax planning, it was criminal activity. This prosecution serves notice that individuals who seek to cheat their fellow American taxpayers will be fully investigated, prosecuted and subjected to the full punishment of the law for their actions,” said U.S. Attorney Johnson.

On October 5, 2012 following a multi-week trial, Picardi was convicted by a federal jury after hearing evidence that he sent his earnings through a complicated offshore network. His earnings passed through a web of entities organized under the laws of Ireland, Hungary, Cyprus, Isle of Man, Jersey, and Guernsey. The money was ultimately deposited into various foreign accounts that Picardi controlled through a New Zealand trust, in the name of a corporation set up for him in Nevis, a Caribbean island. Through these offshore transactions, Picardi attempted to hide his income and evade over $1 million in taxes.

The case was investigated by the Criminal Investigation Division of the Internal Revenue Service and prosecuted by Assistant U.S. Attorney Kevin Koliner.

Picardi is to report to the U.S. Marshal on May 14, 2013 to begin serving his sentence.

U.S. Attorney Brendan V. Johnson announced that a Wanblee man convicted of Assault Resulting in Serious Bodily Injury was sentenced on May 6, 2013, by U.S. District Judge Roberto A. Lange.  Jeffrey M. Chips, a/k/a Jeffrey M. Chipps, age 23, was sentenced to 36 months of imprisonment, 2 years of supervised release, and a $100 special assessment.

Chipps was indicted by a federal grand jury in October 2012.  He pled guilty to Count II of the Indictment on February 12, 2013.  The conviction stems from an incident on May 4, 2012, when Chipps was riding in a car in Mission, South Dakota, and came upon two women walking along the road.  The car came to a stop, and two occupants of the vehicle exited and confronted the victim.  A fight ensued, and Chipps then exited the vehicle and joined in the assault.  Chipps struck the victim and fractured her jaw, among other injuries.   

This case was investigated by Rosebud Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Troy Morley prosecuted the case.

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

United States Attorney Brendan V. Johnson announced that a Mission, South Dakota, man convicted of Felon in Possession of a Firearm was sentenced on May 6, 2013, by U.S. District Judge Roberto A. Lange.  Gary Joe Emery, age 27, was sentenced to 5 months in custody, 5 months of supervised release, and $100 to the Federal Crime Victims Fund.

Emery was indicted by a federal grand jury on September 19, 2012, and pled guilty to the charge on February 6, 2013.

On April 13, 2009, Emery was convicted of a felony in United States District Court – District of South Dakota.  On June 10, 2012, Emery possessed a firearm at his residence in Todd County, South Dakota.

The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and Rosebud Sioux Tribe Law Enforcement Services.  The case was prosecuted by Assistant U.S. Attorney Marie H. Ruettgers.

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

United States Attorney Brendan V. Johnson announced that a Martin woman convicted of Distribution of a Controlled Substance was sentenced on April 29, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court.  Tillie Dawn Dubray, age 43, was sentenced to 1 year of probation, a $250 fine, and a $100 special assessment to the Federal Crime Victims Fund.

On January 31, 2012, Dubray illegally distributed morphine in Martin, South DakotaDubray pleaded guilty to the charge on November 29, 2012.

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 Federal Bureau of Investigation.  Assistant U.S. Attorney Ted L. McBride prosecuted the case.

United States Attorney Brendan V. Johnson announced that a Martin man convicted of conspiracy to distribute a controlled substance was sentenced on April 16, 2013, by Chief U.S. District Judge Jeffrey L. Viken.  Grover Lee Horned Antelope, age 40, was sentenced to 60 months’ imprisonment, 4 years' supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

In October 2008, Horned Antelope conspired to distribute one pound of marijuana on the Pine Ridge Indian Reservation.  Horned Antelope pleaded guilty to the charge on December 3, 2012.

This case was investigated by the Federal Bureau of Investigation and the Northern Plains Safe Trails Drug Enforcement Task Force.  Assistant U.S. Attorney Ted L. McBride prosecuted the case.

Horned Antelope remains in the custody of the U.S. Marshal.

United States Attorney Brendan V. Johnson announced that Stephanie Standing Soldier, age 37, of Kyle, South Dakota, appeared before U.S. Magistrate Judge Veronica L. Duffy on April 30, 2013, and pleaded guilty to conspiracy to distribute a controlled substance.  The Magistrate Judge is expected to recommend Standing Soldier’s plea be accepted by the District Court.  The penalty upon conviction is a minimum of 5 years up to 40 years’ imprisonment and/or a $5,000,000 fine.

The charge relates to Standing Soldier conspiring with others to distribute at least 100 kilograms or more of marijuana in South Dakota between 2008 and 2012.  The investigation was 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.  The case is being prosecuted by Assistant United States Attorney Ted L. McBride.

The defendant was released on bond pending acceptance of this plea and sentencing.

United States Attorney Brendan V. Johnson announced that Jason Garreau, age 26, of Eagle Butte, South Dakota, appeared before U.S. Magistrate Judge Mark A. Moreno on May 3, 2013, and pled guilty to a Superseding Information that charged him with Possession of a Controlled Substance.  Garreau was sentenced to time served with no supervised release to follow, a $1,000 fine, and a $25 special assessment to the Federal Crime Victims Fund. 

Garreau was indicted by a federal grand jury on January 15, 2013, for Possession of a Controlled Substance with Intent to Distribute.  The charge stems from an incident on September 13, 2012, when Garreau was stopped in his vehicle by Cheyenne River Sioux Tribe law enforcement officers for speeding.  During the stop, while Garreau was out of his vehicle, he dropped a clear bag from his pocket that held smaller bags containing a crystal-like substance.  The substance was taken to the lab for analysis and tested positive for methamphetamine, with a total weight of 1.8 grams. 

The investigation was conducted by Cheyenne River Sioux Tribe Law Enforcement and 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 a Selby man convicted of Fraudulent Acceptance of Payments was sentenced on April 30, 2013, by U.S. Magistrate Veronica L. Duffy.  Michael Kuehl, age 56, was sentenced to 2 years’ probation and ordered to pay $25 to the Federal Crime Victims Fund and $3,635.20 in restitution.
 

Between December 2011 and August 2012, Kuehl knowingly submitted applications for travel expenses he did not incur, resulting in payments to him for which he was not entitled.  He pleaded guilty on May 1, 2013.

This case was investigated by the Department of Veterans’ Affairs, Office of Inspector General.  Assistant U.S. Sarah B. Collins prosecuted the case.

United States Attorney Brendan V. Johnson announced that a Wessington Springs, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on May 1, 2013, by U.S. District Judge Roberto A. Lange.  Jonathan Tyrrell, age 54, was sentenced to 12 months and one day of imprisonment to be followed by 18 months of supervised release, a $2,000 fine, and a $100 special assessment to the Federal Crime Victims Fund. 

Tyrrell was indicted for the above offense by a federal grand jury on October 10, 2012, and pled guilty to the charge on February 12, 2013.  The charge stems from an incident that took place on December 15, 2011, when Tyrrell was stopped by the Jerauld County Sheriff.  Methamphetamine, marijuana, and four firearms were found in his vehicle.  Tyrrell tested positive for use of controlled substances.

The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case. 

Tyrrell was immediately turned over to the custody of the U.S. Marshal's Service. 

United States Attorney Brendan V. Johnson announced the release of the 2012 Annual Report for the District of South Dakota.  The report highlights the work and accomplishments of the U.S. Attorney’s Office for calendar year 2012.

An area of increased emphasis in 2012 was human trafficking.  There has been a concerted effort with law enforcement partners to identify these crimes and to aggressively prosecute the offenders engaged in both the supply and demand side of commercial sex trafficking.  The annual report outlines the successful work on some key cases.

Additionally, the report highlights the work in other high priority areas, such as ongoing efforts to make tribal communities safer.  Over the past four years, these efforts have led to a 131% increase in prosecutions on the Rosebud Sioux Indian reservation and an increase of 82% on Pine Ridge.

“I’m proud to work with a staff of dedicated professionals who are committed to delivering justice, prosecuting criminals, and making our state a safer place to live,” said Johnson.  “The accomplishments summarized in this report are the result of the hard work of my staff and the federal, state and local agencies that are vital to our joint success.”

The report also highlights the enhanced community outreach efforts, progress in the areas of victim’s rights and advocacy, and a description of the work performed by the Civil and Appellate Divisions.

 

United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota, woman convicted of Simple Assault and Child Abuse has pled guilty to the charges and was sentenced on April 29, 2013, by U.S. District Judge Roberto A. Lange.  Rita Runs Above, age 35, was sentenced to 132 days in custody, with credit for time served; 6 months of supervised release; and $110 to the Federal Crime Victims Fund.

During the time frame of March 1, 2012, and July 15, 2012, Runs Above provided alcohol to the victim, physically assaulted the victim, and placed the victim in a situation where the victim was threatened with substantial harm by another. 

On August 22, 2012, Runs Above struck the victim several times as the victim was trying to leave a residence.

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

Runs Above was released from custody.

United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota, man convicted of Assault with a Dangerous Weapon was sentenced on May 1, 2013, by U.S. District Judge Roberto A. Lange.  Darius Two Eagle, age 21, was sentenced to 36 months in custody, 2 years of supervised release, and $100 to the Federal Crime Victims Fund.

Two Eagle was indicted by a federal grand jury on November 15, 2012, and pled guilty to the charge on February 5, 2013.

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

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

Two Eagle was remanded to the custody of the U.S. Marshal.

United States Attorney Brendan V. Johnson announced that a Rapid City man convicted of Aggravated Sexual Abuse was sentenced on April 29, 2013, by Chief Judge Jeffrey L. Viken, United States District Court.  Faron Ben Cheyenne, age 27, was sentenced to 114 months’ imprisonment and 5 years’ supervised release and ordered to pay $100 to the Federal Crime Victims fund.

In July 2011, near Wounded Knee, Cheyenne sexually abused a 16-year-old girl.  He pleaded guilty on November 29, 2012.

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

United States Attorney Brendan V. Johnson announced that a Rapid City man convicted of Failure to Register was sentenced on April 29, 2013, by Chief Judge Jeffrey L. Viken, United States District Court.  Donald Morris Kills Warrior, age 36, was sentenced to 15 months’ imprisonment and 5 years’ supervised release and ordered to pay $100 to the Federal Crime Victims Fund.

Kills Warrior failed to update his sexual offender registration as required from August 10, 2012, to October 18, 2012.  He pleaded guilty on January 15, 2013.

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

United States Attorney Brendan V. Johnson announced that a Mobridge, South Dakota, man has been indicted by a federal grand jury for allegedly escaping from the custody of the Bureau of Prisons while at the Community Alternatives of the Black Hills on April 10, 2013.

Gaylen Paul Sampson, a/k/a Thurman Paul Sampson, age 38, was indicted by a federal grand jury on April 16, 2013, for Escape from Custody.  Sampson appeared before U.S. Magistrate Judge John E. Simko on April 24, 2013, and pleaded 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 Sampson is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the U.S. Marshal’s Service.  Assistant U.S. Attorney Wayne Venhuizen is prosecuting the case.  Sampson was remanded to the custody of the U.S. Marshal.  A trial date has been set for July 2, 2013.

United States Attorney Brendan V. Johnson announced that Victoria Brown, age 19, of Mission, South Dakota, appeared before U.S. District Judge Roberto A. Lange on May 1, 2013, and pled guilty to Second Degree Burglary.  The maximum penalty upon conviction is 15 years in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 assessment to the Federal Crime Victims Fund.

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

The investigation was conducted by Rosebud Sioux Tribe Law Enforcement Services.  The case is being prosecuted by Assistant U.S. Attorney Timothy M. Maher.

A presentence investigation was ordered, and a sentencing date was set for July 24, 2013.  The defendant was released from custody until July 19, 2013, when she must self-report to the custody of the U.S. Marshal.

United States Attorney Brendan V. Johnson announced that Edwin Johnson, age 61, of Martin, South Dakota, appeared before U.S. Magistrate Judge Veronica L. Duffy on April 18, 2013, and pleaded guilty to Sexual Abuse of a Minor.  The Magistrate Judge is expected to recommend Johnson's plea be accepted by the District Court.  The maximum penalty upon conviction is 15 years of imprisonment and a $250,000 fine.

The charge relates to Johnson having sexual intercourse with a 15 year old girl who was working for him on his farm near Martin between 2010 and 2011.  The investigation was conducted by the Martin Police Department, South Dakota Division of Criminal Investigation, and the Federal Bureau of Investigation.

A presentence investigation was ordered, and a sentencing date was set for August 2, 2013.  The defendant was released on bond pending acceptance of this plea and sentencing.