District of South Dakota

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

Jason L. Hackett, age 36, was indicted by a federal grand jury on July 10, 2012. He appeared before U.S. Magistrate Judge Moreno on April 18, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 2 years' imprisonment, a $250,000 fine, 1 year of supervised release, $100 special assessment and possible restitution.

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

The investigation is being conducted by the U.S. Department of Health and Human Services. Assistant U.S. Attorney Troy Morley is prosecuting the case.

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

United States Attorney Brendan V. Johnson announced that Kaleb Earl Hollow Horn, age 25, of Cherry Creek, South Dakota appeared before U.S. District Judge Roberto A. Lange on April 16, 2013 and pled guilty to the Superseding Information that charged him with Assaulting, Resisting or Impeding a Federal Officer. The maximum penalty upon conviction is 8 years of custody, a $250,000 fine, or both; a $100 assessment; and restitution.

The conviction is the result of an incident that occurred in February 2012 when Hollow Horn assaulted, resisted or impeded a Cheyenne River Sioux Tribe police officer.

The investigation was conducted by the Cheyenne River Sioux Tribal Law Enforcement Services. The case is being prosecuted by Assistant U.S. Attorney Mikal Hanson.

A presentence investigation was ordered, and a sentencing date was set for July 8, 2013. Hollow Horn will report to the U.S. Marshals Service on June 3, 2013.

United States Attorney Brendan V. Johnson announced that a Pennsylvania man, convicted of the Unlawful Taking of Migratory Waterfowl, was sentenced on April 15, 2013 by U.S. Magistrate Judge John E. Simko.

Mike Evangelista, age 43, was sentenced to 3 years of probation; $4,500 in restitution (joint and several with co-defendants) to the U.S. Fish and Wildlife Service for the cost of their undercover hunt; $200 in restitution to South Dakota State Game, Fish and Parks Department for the illegally taken waterfowl; a $500 fine; and a $25 special assessment.

Evangelista was indicted in April of 2012 by a federal grand jury for Conspiracy to Violate the Lacey Act, Failure to Lawfully Tag Migratory Birds, and aiding and abetting the Illegal Sale and Possession of Wildlife in Violation of Migratory Bird Act. He pled guilty to a Superseding Information charging him with Aiding and Abetting the Unlawful Taking of Waterfowl Without a Proper License on April 15, 2013.

The conviction stems from an incident that occurred in the fall of 2009 in Marshall County, South Dakota when Evangelista, while employed as a waterfowl guide for Windy Hill Outfitters, aided and abetted the unlawful taking of ducks by three female hunters who did not have valid hunting licenses.

The investigation was conducted by the U.S. Fish & Wildlife Service. Assistant U.S. Attorney Mikal Hanson prosecuted the case.

United States Attorney Brendan V. Johnson announced that 3 men from South Dakota convicted of Possession of a Controlled Substance were sentenced on April 16, 2013 by U.S. Magistrate Judge Mark A. Moreno.

Dennis Red Elk, age 32, of Rapid City, was sentenced to 5 months of imprisonment, $1,000 fine and $25 special assessment to the Victim Assistance Fund. Maurice Johnson, age 33, of Rapid City, was sentenced to time served, $1,000 fine and $25 special assessment to the Victim Assistance Fund, and Daniel Gangone, age 35, of Mission, was sentenced to 12 months of probation, a $1,000 fine, and $25 special assessment to the Victim Assistance Fund.

Red Elk, Johnson, and Gangone were indicted by a federal grand jury on August 22, 2012 and pled guilty to a Superseding Information on January 17, 2013. The charges stem from incidents on March 27, 2010 wherein Red Elk and Johnson came into contact with law enforcement officers, who discovered marijuana in the defendants’ possession. Gangone was implicated during the investigation as having possessed marijuana.

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

Red Elk was immediately turned over to the custody of the U.S. Marshal Service. Johnson is to be turned over to the state authorities for a parole violation.

United States Attorney Brendan V. Johnson announced that Patrick Black Spotted Horse, age 23, of St. Francis, South Dakota appeared before U.S. District Judge Roberto A. Lange on April 16, 2013 and pled guilty to Failure to Register as a Sex Offender. The maximum penalty upon conviction is 10 years in custody, a $250,000 fine, or both; life of supervised release; and a $100 special assessment.

The Defendant was convicted of Sexual Abuse of a Minor on December 7, 2009. The Court sentenced Black Spotted Horse to 40 months’ imprisonment, 5 years of supervised release and also ordered that he must register as a sex offender. On October 12, 2012, Black Spotted Horse began his term of supervised release but eventually absconded from a treatment facility and did not properly register as a sex offender. On December 22, 2012 Black Spotted Horse was arrested on the Rosebud Sioux Indian Reservation.

The investigation was conducted by the U.S. Marshal Service. The case is being prosecuted by Assistant U.S. Attorney Timothy M. Maher.

A presentence investigation was ordered and a sentencing date was set for May 29, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.

United States Attorney Brendan V. Johnson announced that Jody Brave, age 42, of Mission, South Dakota appeared before U.S. District Judge Roberto A. Lange on April 16, 2013 and pled guilty to Assaulting, Resisting, Opposing, and Impeding a Federal Officer. The maximum penalty upon conviction is 20 years in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 special assessment.

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

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

A presentence investigation was ordered and a sentencing date was set for July 8, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.

United States Attorney Brendan V. Johnson announced that Larry T. Davis, age 38, of Marshall, Minnesota appeared before U.S. Magistrate John E. Simko on April 12, 2013 and pled guilty to Information that charged him with Failure to Pay Legal Child Support. The maximum penalty upon conviction is six months' imprisonment; a $5,000.00 fine; a $10.00 assessment fee; and child support restitution amount owing at the time of sentencing.

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.

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

A presentence investigation was ordered and a sentencing date was set for May 3, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.

United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota man convicted of Abusive Sexual Contact was sentenced on April 15, 2013 by Chief Judge Jeffrey L. Viken, U.S. District Court.

Jason One Feather, age 39, was sentenced to 120 months’ imprisonment and 10 years of supervised release and ordered to pay $200 to the Victim Assistance Fund.

In October 2011, One Feather engaged in sexual contact with a girl under the age of 12. He pled guilty on December 11, 2012.

This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Eric Kelderman prosecuted the case.

United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota man who was convicted of Possession of a Stolen Firearm was sentenced on April 15, 2013 by U.S. District Judge Roberto A. Lange.

Judson His Law, a/k/a Judson Two Dogs, age 18, was sentenced to 15 months in custody, 2 years of supervised release, and a $100 special assessment to the Victim Assistance Fund.

His Law was indicted by a federal grand jury on November 15, 2012 and pled guilty to Count I of the Indictment—Possession of a Stolen Firearm—on January 23, 2013.

The conviction arose from an October 2012 incident when His Law stole a Remington model 870 shotgun from a vehicle parked outside a store in Eagle Butte.

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

His Law was remanded to the custody of the U.S. Marshal to begin serving his sentence.

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

Gerald Lloyd Larson, age 69, was indicted by a federal grand jury on April 2, 2013 for bank fraud, embezzlement in connection with health care, and two counts of money laundering.

Larson appeared before U.S. Magistrate Judge John E. Simko on April 15, 2013 and pled not guilty to the indictment. The charges carry maximum possible sentences as follows: bank fraud – 30 years in prison and/or $1 million fine; embezzlement – 10 years in prison and/or $250,000 fine; and money laundering – 20 years in prison and/or a $500,000 fine on each count. Restitution may also be ordered.

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

Larson is accused of embezzling funds from his former employer, a health care provider located in Sioux Falls, by depositing items meant for his employer’s account into his personal bank account.

The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Connie Larson is prosecuting the case. Larson was released on his own recognizance pending trial.

United States Attorney Brendan V. Johnson announced that a Mission, South Dakota woman convicted of Theft in Connection with Healthcare and Larceny was sentenced on April 12, 2013 by U.S. Magistrate Judge Mark A. Moreno.

Tisha Leader Charge, age 33, was sentenced to 1 year probation on each count, to be served concurrently, a $100 special assessment to the Victim Assistance Fund and restitution in the amount of $357.93.

Leader Charge was indicted by a federal grand jury on November 14, 2012 and pled guilty to the above charges on February 8, 2013.

The charges stem from incidents wherein Leader Charge, between January 1, 2012 and September 30, 2012, stole the personal property of the employees and interns at Indian Health Hospital in Rosebud. During that time period, Leader Charge was working at the Bureau of Indian Affairs Indian Health Service Hospital as a pharmacy technician. She admitted to stealing money out of co-employees’ belongings in the breakroom. The total amount of money stolen was under $1,000. Leader Charge also fraudulently obtained prescription medications from the pharmacy in various ways. She would “short” prescriptions by taking a few of the prescribed pills out of the bottle before dispensing it to the patients. She also took prescribed medications not picked up by a patient and then entered the medications in the computer system as being restocked. Leader Charge admitted to giving some of the stolen medications to other people.

The investigation was conducted by the Office of the Inspector General. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.

United States Attorney Brendan V. Johnson announced that a Lake Andes, South Dakota man charged with sexual abuse was sentenced on April 15, 2013 by U.S. District Judge Karen E. Schreier. Ray Flying Hawk, age 43, was sentenced to 48 months in custody.

Flying Hawk was indicted for sexual abuse by a federal grand jury on August 14, 2012, and pled guilty on January 15, 2013.

In April of 2012, Flying Hawk engaged in a sexual act with a person who was incapable of appraising the nature of the conduct and physically incapable of communicating an unwillingness to engage in such act.

This case was investigated by the Bureau of Indian Affairs Law Enforcement Services - Yankton Agency, and the Federal Bureau of Investigation. Assistant U.S. Attorney Thomas J. Wright prosecuted the case.

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

United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota man convicted of Assault of a Minor was sentenced on April 12, 2013 by U.S. Magistrate Judge Mark A. Moreno.

Raymond Uses The Knife III, a/k/a Yamni Uses The Knife, age 22, was sentenced to 10 months of custody, 6 months of supervised release, and a $25 Special Assessment to the Victim Assistance Fund.

Uses The Knife was indicted for Sexual Contact with a Minor on June 12, 2012. He pled guilty to a Superseding Information on January 23, 2013 that charged him with Assault of a Minor.

The conviction was the result of an incident that occurred at Eagle Butte in August 2012, when Uses The Knife assaulted a victim under the age of 16.

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

Uses The Knife was remanded to the custody of the U.S. Marshal to begin serving his sentence.

United States Attorney Brendan V. Johnson announced that a Wanblee, South Dakota man convicted of Distribution of a Controlled Substance was sentenced on April 2, 2013 by Chief Judge Jeffrey L. Viken, U.S. District Court.

Jordan Long Solider, age 41, was sentenced to 1 year probation, a $250.00 fine, and a $100 special assessment to the Victim Assistance Fund.

On December 14, 2011, Long Solider did knowingly and intentionally distribute marijuana at Wanblee. Long Solider pled guilty to the charge on November 21, 2012.

This case was investigated by 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 Pine Ridge, South Dakota man convicted of Sexual Abuse of a Minor was sentenced on April 8, 2013 by Chief Judge Jeffrey L. Viken, U.S. District Court.

Benjamin Samuel Leonard, age 57, was sentenced to 30 months’ imprisonment, 5 years’ supervised release and ordered to pay $100 to the Victim Assistance Fund.

In August 2010 at Pine Ridge, Leonard engaged in a sexual act with a child under the age of 16. He pled guilty on December 26, 2012.

This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

United States Attorney Brendan V. Johnson announced that Alexis Salgado, age 40, and James Menard, age 30, both of Sioux Falls, South Dakota appeared before U.S. District Judge Roberto A. Lange on April 9, 2013 and pled guilty to the Indictment that charged them with Possession with Intent to Distribute a Controlled Substance. The charge carries a maximum sentence of 20 years of imprisonment, a $1,000,000 fine, or both; 3 years of supervised release and an additional 2 years of supervised release upon revocation. Restitution and a $100 special assessment may also be ordered.

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

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

Both Salgado and Menard were remanded to the custody of the U.S. Marshal Service pending sentencing. Salgado sentencing has been set for June 25, 2013. Menard sentencing has not been set.

United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota man was sentenced on April 8, 2013 by U.S. District Court Judge Karen E. Schreier.

Casey Dean Hoefert, age 33, was sentenced to 120 months in prison, to be followed by 5 years of supervised release, for conspiracy to distribute 500 grams or more of a mixture containing methamphetamine. Hoefert was indicted by a federal grand jury on November 6, 2012, and pled guilty to the offense on January 15, 2013.

Hoefert acted as a middle man between two co-conspirators, accepting delivery of methamphetamine from one and delivering it to another, who gave Hoefert payment for the drugs. Hoefert then gave the money to his supplier.

This case was investigated by the SD Division of Criminal Investigation, the Minnesota Bureau of Criminal Apprehension, and the U.S. Drug Enforcement Administration. Assistant U.S. Attorney John E. Haak prosecuted the case.

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

United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota man convicted of Assault Resulting in Serious Bodily Injury was sentenced on April 9, 2013 by U.S. District Judge Roberto A. Lange.

Kelly Crow Dog, age 27, was sentenced to 30 months in custody, 2 years of supervised release, and a $100 special assessment to the Victim Assistance Fund. Crow Dog was indicted by a federal grand jury on August 29, 2012 and pled guilty to the charge on January 10, 2013.

The conviction stems from an incident on August 7, 2012, wherein Crow Dog argued with the victim, grabbed her hair and shirt, threw her on the ground, placed a knife on her throat, and stabbed her left hand.

The investigation was conducted by the Federal Bureau of Investigation. The case was prosecuted by Assistant U.S. Attorney Marie H. Ruettgers.

Crow Dog 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 April 9, 2013 by U.S. District Judge Roberto A. Lange.

Benjamin George Murphy, age 65, was sentenced to 36 months in custody, 2 years of supervised release, and a $100 special assessment to the Victim Assistance Fund. Murphy was indicted by a federal grand jury on August 22, 2012 and pled guilty to the charge on January 9, 2013.

The conviction stems from an incident that took place between December 1, 1999 and December 15, 1999, when Murphy had sexual contact with a student that he helped teach at the Rosebud Elementary School.

The investigation was conducted by the Federal Bureau of Investigation and Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Timothy M. Maher.

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

United States Attorney Brendan V. Johnson announced that Myron Dubray, age 26, of Rosebud, South Dakota appeared before U.S. District Judge Roberto A. Lange on April 9, 2013 and pled guilty to Count I of the Indictment that charged him with Possession with Intent to Distribute a Controlled Substance.

There is a mandatory minimum of 5 years of imprisonment, a $5,000,000 fine, or both; at least 4 years of supervised release and an additional 3 years of supervised release upon revocation. Restitution and a $100 special assessment may also be ordered.

The charge stems from an incident on March 21, 2012, wherein a Todd County residence was searched by law enforcement, and officers found over 50 grams of methamphetamine, a Scheduled II controlled substance, on Dubray.

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.

Dubray was remanded to the custody of the U.S. Marshal Service pending sentencing which has been set for June 25, 2013.

United States Attorney Brendan V. Johnson announced that Mitchell Stoneman, age 22, of Rosebud, South Dakota appeared before U.S. District Judge Roberto A. Lange on April 8, 2013 and pled guilty to Assault with a Dangerous Weapon. The maximum penalty upon conviction is 10 years in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 special assessment.

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

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

A presentence investigation was ordered and a sentencing date was set for June 24, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.

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

Sonny Gray Grass, age 57, was indicted by a federal grand jury on August 22, 2012. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 9, 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 a $100 Special Assessment. Restitution may also be ordered.

The charge is merely an accusation and Gray Grass is presumed innocent until and unless proven guilty. The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Marie H. Ruettgers is prosecuting the case.

Gray Grass 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 Mission, South Dakota woman convicted of Assault with a Dangerous Weapon and Aiding and Abetting was sentenced on April 9, 2013 by U.S. District Judge Roberto A. Lange.

Misty Fawn Swalley, age 22, was sentenced to 15 months in custody, 18 months of supervised release, and a $100 special assessment to the Victim Assistance Fund.

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

The conviction stems from an incident that took place on October 1, 2011, when Swalley and others assaulted and beat the victim, which ended when Swalley stabbed the victim with a broken bottle.

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

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

United States Attorney Brendan V. Johnson announced that Harvey LaPointe, age 62, of Mission, South Dakota appeared before U.S. District Judge Roberto A. Lange on April 8, 2013 and pled guilty to Larceny. The maximum penalty upon conviction is 5 years in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 special assessment.

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

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

A presentence investigation was ordered and a sentencing date was set for June 24, 2013. The defendant was released pending sentencing.

United States Attorney Brendan V. Johnson announced that a Key West, Florida man has been indicted by a federal grand jury.

Michael Pearlingi, age 44, was indicted by a federal grand jury on April 2, 2013 for Conspiracy and Possession with Intent to Distribute a Controlled Substance. Pearlingi appeared before U.S. Magistrate Judge Mark A. Moreno on April 5, 2013 and pled not guilty to the Indictment.

The maximum penalty upon conviction is not more than 20 years of imprisonment, a $1,000,000 fine, or both; at least 3 years of supervised release and an additional 2 years of supervised release upon revocation. Restitution and a $100 special assessment may also be ordered.

The charges are merely accusations, and Pearlingi 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.

Pearlingi was remanded to the custody of the U.S. Marshal Service. A trial date has been set for May 14, 2013.

United States Attorney Brendan V. Johnson announced that a Wanblee, South Dakota woman has been indicted by a federal grand jury for conspiring with others to distribute methamphetamine in South Dakota and elsewhere from August 2009 to February 2013.

Shy Bettelyoun, age 29, was indicted by a federal grand jury on February 20, 2013 for Conspiracy to Distribute a Controlled Substance. She appeared before U.S. Magistrate Judge Veronica L. Duffy on April 2, 2013 and pled not guilty to the indictment. The penalty upon conviction is a minimum of 5 up to 40 years’ imprisonment and/or a $5,000,000 fine.

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

The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force, Federal Bureau of Investigation, and Rapid City Police Department. Assistant U.S. Attorney Ted L. McBride is prosecuting the case.

Bettelyoun was released on bond pending trial. A trial date has been set for June 11, 2013.

United States Attorney Brendan V. Johnson announced that a Wakpala, South Dakota man convicted of two counts of Possession of a Controlled Substance was sentenced on April 4, 2013 by U.S. Magistrate Judge William D. Gerdes.

Dustin Swimmer, age 27, was sentenced to time served, a $2,000 fine, and a $50 special assessment to the Victim Assistance Fund.

Swimmer was indicted for Possession with Intent to Distribute a Controlled Substance by a federal grand jury on June 12, 2012 and pled guilty to an Information in December, 2012. The charge stems from an incident occurring between December 23, 2011 and December 28, 2011 in which Swimmer knowingly and intentionally possessed cocaine and methamphetamine, both controlled substances.

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 a Rapid City, South Dakota man convicted of Failure to Register or Update as a Sex Offender was sentenced on April 2, 2013 by Chief Judge Jeffrey L. Viken, U.S. District Court.

Shaun Jason Meyer, age 36, was sentenced to 24 months of imprisonment, 5 years of supervised release, and ordered to pay $100 to the Victim Assistance Fund.

Meyer was indicted for Failure to Register or Update as a Sex Offender by a federal grand jury on June 19, 2012. Between November 2011 and June 2012, Meyer, who is required to register as a sex offender, failed to update his registration with the State of South Dakota. Meyer pled guilty on August 29, 2012.

This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Wayne Venhuizen prosecuted the case. Meyer was immediately turned over to the custody of the U.S. Marshal.

United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota man convicted of Assault Resulting in Serious Bodily Injury was sentenced on April 2, 2013 by Chief Judge Jeffrey L. Viken, U.S. District Court.

Alphonso Belt, age 50, was sentenced to 46 months' imprisonment, 3 years of supervised release, and ordered to pay $100 to the Victim Assistance Fund.

Belt was indicted for Assault Resulting in Serious Bodily Injury and Assault with a Dangerous Weapon by a federal grand jury on November 15, 2011. The charges relate to Belt stabbing his friend in the neck with a knife while the two were drinking on November 2, 2011 at Pine Ridge. The assault resulted in paralysis to the victim and limited mobility below the chest. Belt pled guilty on December 18, 2012.

This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.

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

United States Attorney Brendan V. Johnson announced that Dakota Lee Dillon, age 24, of Pierre, South Dakota appeared before U.S. Magistrate Judge Veronica L. Duffy on April 2, 2013 and pled guilty to Escape from Custody. The maximum penalty upon conviction is 5 years imprisonment and/or a $250,000 fine.

On July 20, 2012, Dillon escaped from the custody of the Bureau of Prisons while at Community Alternatives of the Black Hills.

The investigation was conducted by the U.S. Marshal Service. The case is being prosecuted by Special Assistant U.S. Attorney Laura A. Shattuck.

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

United States Attorney Brendan V. Johnson announced that a Newton Square, Pennsylvania man has been indicted by a federal grand jury.

David Wallace, age 52, was indicted by a federal grand jury on April 2, 2013 for Conspiracy and Possession with Intent to Distribute a Controlled Substance. Wallace appeared before U.S. Magistrate Judge Mark A. Moreno on April 8, 2013 and pled not guilty to the Indictment.

The maximum penalty upon conviction is not more than 20 years of imprisonment, a $1,000,000 fine, or both; at least 3 years of supervised release and an additional 2 years of supervised release upon revocation. Restitution and a $100 special assessment may also be ordered.

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

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

Wallace was remanded to the custody of the U.S. Marshal Service. A trial date has been set for May 14, 2013.

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

Ryan Soft, age 22, was indicted by a federal grand jury on March 13, 2013. He appeared before U.S. Magistrate Judge William D. Gerdes on April 4, 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 a $100 Special Assessment. Restitution may also be ordered.

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

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

Soft was remanded to the custody of the U.S. Marshal pending trial on June 11, 2013.

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

Randall Murray, age 49, was indicted by a federal grand jury on March 13, 2013 for Distribution of a Controlled Substance. Murray appeared before U.S. Magistrate Judge William D. Gerdes on April 4, 2013 and pled not guilty to the Indictment.

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

The charges are merely accusations, and Murray 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.

Murray was remanded to the custody of the U.S. Marshal Service until his warrant is satisfied. A trial date has been set for June 4, 2013.

United States Attorney Brendan V. Johnson announced that eight individuals have been indicted by a federal grand jury for Conspiracy to Distribute Controlled Substances in South Dakota between 1993 and 2013. The individuals charged include the following:

• Marlena Jo Pond, age 27, Pine Ridge

• Harry John Steele, age 26, Pine Ridge

• Karen Faith Boltz, age 48, Wounded Knee

• Edward Joseph White Dress, Jr., age 45, Wounded Knee

•Brian O. Little Bear, age 26, Pine Ridge

• Tonya Lynn Provost, age 38, Pine Ridge

• James Albert Colhoff, age 43, Pine Ridge

• Gabriel Carl White Plume, age 28, Manderson

All defendants were indicted on March 19, 2013 for conspiracy to distribute cocaine and marihuana. The defendants listed above appeared before U.S. Magistrate Judge Veronica L. Duffy, on March 28, 2013 and pled not guilty to the indictment. The penalty upon conviction is not less than 5 years of imprisonment and up to 40 years of imprisonment and/or $5,000,000 fine. The charges are merely accusations and each individual is presumed innocent until and unless proven guilty.

The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force which is comprised of the following agencies: Federal Bureau of Investigation, Division of Criminal Investigation, Bureau of Indian Affairs Office of Justice Services, Oglala Sioux Tribe Department of Public Safety, Fall River County Sheriff’s Office, and Fall River State’s Attorney’s Office. Homeland Security Investigations also assisted with the investigation. Special Assistant U.S. Attorney Laura Shattuck is prosecuting the case.

Boltz and White Dress, Jr. were released on bond pending trial. Pond, Steele, Provost, Little Bear, Colhoff, and White Plume were remanded to the custody of the U.S. Marshal. A trial date has not been set.

United States Attorney Brendan V. Johnson announced that Scott Stewart, age 19, of Colorado Springs, Colorado, appeared before U.S. Magistrate Judge Veronica L. Duffy on March 28, 2013 and pled guilty to Larceny. The maximum penalty upon conviction is 1 year imprisonment and a $100,000 fine.

The charge relates to Stewart stealing the credit card of another person at Ellsworth Air Force Base and making withdrawals on September 9, 2012. The investigation was conducted by the United States Air Force. The case is being prosecuted by Assistant U.S. Attorney Wayne Venhuizen.

A presentence investigation was ordered and a sentencing date was set for June 6, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.

United States Attorney Brendan V. Johnson announced that a Bonesteel, South Dakota man convicted of one count of Sexual Abuse of a Minor and one count of Sexual Contact with a Minor was sentenced on April 8, 2013 by U.S. District Judge Roberto A. Lange.

Robert Prue, age 34, was sentenced to 17 years in custody, 5 years of supervised release, and a $100 special assessment to the Victim Assistance Fund.

Prue was indicted by a federal grand jury on January 18, 2012, and pled guilty to the charge on February 6, 2013.

The convictions stem from incidents that took place between June 22, 2011, and September 22, 2011 when Prue had sexual contact with a minor victim.

The investigation was conducted by the Federal Bureau of Investigation and Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorney Timothy M. Maher.

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

United States Attorney Brendan V. Johnson announced that two 23-year-old men have been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance.

Kenneth Morales-Scott, Jr., and Cayleb Louis Young from Rapid City, South Dakota were indicted by a federal grand jury on March 13, 2013. They appeared before U.S. Magistrate Judge Veronica L. Duffy on April 1, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 5 years of custody, a $250,000 fine, or both; 2 years of supervised release; and a $100 Special Assessment. Restitution may also be ordered.

The charge is merely an accusation and Morales-Scott, Jr., and Young are 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 Jay Miller is prosecuting the case.

Morales-Scott, Jr., and Young were released on bond pending trial. A trial date has not been set.

United States Attorney Brendan V. Johnson announced that Carlos Jimenez-Burgos, age 28, of Sturgis, South Dakota appeared before U.S. Magistrate Judge Veronica L. Duffy on April 2, 2013 and pled guilty to Illegal Reentry After Deportation. The maximum penalty upon conviction is 2 years' imprisonment and/or a $250,000 fine.

In February 2013, after being arrested in Sturgis on a traffic offense, Jimenez-Burgos was found to be illegally living in the United States, having previously been deported. The investigation was conducted by the Bureau of Immigration and Customs Enforcement. 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 remanded to the custody of the U.S Marshal pending sentencing.

United States Attorney Brendan V. Johnson announced that a Sioux Falls, South Dakota man has been found guilty on two counts of Sex Trafficking of a Child. Emmanuel William Nyuon, age 34, was convicted by a federal jury for Sex Trafficking of a Child by Force, Fraud, or Coercion and Conspiracy to Engage in Sex Trafficking of a Child.

Following a four-day trial, the jury returned the guilty verdict after a short deliberation. These charges carry a mandatory minimum of 15 years in prison up to a maximum of life and/or a $250,000 fine. Nyuon was indicted by a federal grand jury in February 2012 on these sex trafficking charges.

“Many South Dakotans are shocked to learn that human trafficking and child prostitution exists within our borders, but the victims are here, often hiding in plain sight. We will continue working with victim advocates and law enforcement agencies to aggressively pursue these criminals who prey upon vulnerable children,” said U.S. Attorney Johnson.

In the spring of 2011, the Sioux Falls Police Department (SFPD) Street Crimes Unit began investigating a criminal organization operating in and around Sioux Falls. Witnesses identified several individuals they claimed had been selling narcotics and prostitutes, which included Emmanuel Nyuon. In January of 2012, the SFPD requested federal assistance, and a team consisting of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Federal Bureau of Investigation, the SFPD, and the South Dakota Division of Criminal Investigation began investigating the case.

Assistant U.S. Attorneys Kevin Koliner and Jeff Clapper prosecuted the case. A presentence investigation was ordered, and a sentencing date has not been set. The defendant was remanded to the custody of the U.S. Marshal.

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

Laun Leroy McCloskey, age 19, was indicted by a federal grand jury on April 2, 2013. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 4, 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 a $100 Special Assessment. Restitution may also be ordered.

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

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

McCloskey was remanded to the custody of the U.S. Marshal pending trial on May 14, 2013.

United States Attorney Brendan V. Johnson announced that Grover Brave, age 33, of Mission, South Dakota appeared before U.S. Magistrate Judge Mark A. Moreno on April 2, 2013 and pled guilty to Assaulting a Federal Officer. The maximum penalty upon conviction is 1 year in custody, a $100,000 fine, or both; 1 year of supervised release; and a $25 special assessment.

The conviction stems from an incident that took place on January 15, 2013, when Brave struggled with officers while being escorted to a holding cell and attempted to head butt the officer.

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

A presentence investigation was ordered and a sentencing date was set for June 21, 2013. The defendant was released from custody pending sentencing.

United States Attorney Brendan V. Johnson announced that Joshua Felix, age 39, of Winner, South Dakota appeared before U.S. District Judge Roberto A. Lange on April 2, 2013 and pled guilty to Prohibited Person in Possession of a Firearm. 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.

Felix was convicted of domestic violence simple assault on June 15, 2004 in Tripp County. Having been convicted of a crime of domestic violence, Felix was prohibited from possessing firearms by operation of federal law. On March 15, 2012, law enforcement found Felix to be in possession of a rifle.

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

A presentence investigation was ordered and a sentencing date was set for June 24, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.

United States Attorney Brendan V. Johnson announced that a St. Francis, South Dakota man convicted of Simple Possession of a Controlled Substance and for Failure to Appear, charged in two separate criminal cases, was sentenced on April 2, 2013 by U.S. District Judge Roberto A. Lange.

Antoine Kills In Water, age 30, was sentenced to 6 months in custody, a $1,000 fine, and a $25 special assessment to the Victim Assistance Fund for the Simple Possession of a Controlled Substance conviction. He was also sentenced to 6 months and 1 day in custody, 1 year supervised release, and a $100 special assessment to the Victim Assistance Fund for the Failure to Appear conviction.

For the Controlled Substance charge, Kills In Water was indicted by a federal grand jury on July 18, 2012 and pled guilty to the charge on January 10, 2013. For the Failure to Appear charge, he was indicted on December 11, 2012 and pled guilty on January 10, 2013.

The Controlled Substance conviction stems from an incident that took place between April 29, 2011 and May 11, 2011, when Kills In Water used and possessed methamphetamine and marijuana. The Failure to Appear conviction is the result of his not appearing at his jury trial for the drug case.

The Controlled Substance investigation was conducted by the Northern Plains Safe Trails Drug Enforcement Task Force and the Rosebud Sioux Tribe Law Enforcement Services. The Failure to Appear investigation was conducted by the U.S. Marshal’s Service.Both cases were prosecuted by Assistant U.S. Attorney Timothy M. Maher.

Kills In Water was remanded to the custody of the U.S. Marshal.

United States Attorney Brendan V. Johnson announced that Patricia Pacheco, age 23, of Rosebud, South Dakota appeared before U.S. District Judge Roberto A. Lange on April 2, 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 5 years of imprisonment, a $250,000 fine, or both; at least 2 years of supervised release and an additional 2 years of supervised release upon revocation. Restitution and a $100 special assessment may also be ordered.

The charge stems from an incident on March 21, 2012 wherein Pacheco’s vehicle and residence were searched. Controlled substances and drug paraphernalia were found.

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

Pacheco was remanded to the custody of the U.S. Marshal Service pending sentencing, which has been set for June 24, 2013.

United States Attorney Brendan V. Johnson announced that Alec Arapahoe, age 20, of Rosebud, South Dakota appeared before U.S. District Judge Roberto A. Lange on April 2, 2013 and pled guilty to Interstate Transportation of a Stolen Motor Vehicle. 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.

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

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

A presentence investigation was ordered and a sentencing date was set for June 24, 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 Thompson, South Dakota man convicted of Assaulting a Federal Officer was sentenced on April 3, 2013 by U.S. Magistrate Judge Mark A. Moreno.

Dwight Rank, age 25, was sentenced to 18 months of probation, with six months of home confinement; a $3,000 fine; and a $25 special assessment to the Victim Assistance Fund.

Rank was indicted by a federal grand jury on July 13, 2012 and pled guilty to a Superseding Information on January 22, 2013.

The charge stems from an incident occurring on January 7, 2012 wherein Rank was driving erratically and a Bureau of Indian Affairs officer observed him crossing the center line twice and the right fog line twice. The officer activated his emergency lights and siren and attempted to make a traffic stop. Rank went on a high-speed chase. Eventually Rank stopped his vehicle in the middle of BIA Road 5 and then accelerated and began to drive away. Rank made a U-turn and stuck the officer’s vehicle before fleeing the scene.

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

United States Attorney Brendan V. Johnson announced that Samuel Redwater, age 22, of Fort Thompson, South Dakota appeared before U.S. District Judge Roberto A. Lange on April 2, 2013 and pled guilty to Count I of the Indictment that charged him with Felon in Possession of a Firearm. The maximum penalty upon conviction is 10 years of imprisonment, a $250,000 fine, or both; 3 years of supervised release and an additional 2 years of supervised release upon revocation. Restitution and a $100 special assessment may also be ordered.

The charge stems from an incident wherein Redwater, on or about December, 19, 2012, having been previously convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly possessed a firearm which had been previously shipped and transported in interstate and foreign commerce.

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

Redwater was remanded to the custody of the U.S. Marshal Service pending sentencing which has been set for June 11, 2013.

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 April 1, 2013 by U.S. District Judge Roberto A. Lange.

Ryan Wright, age 27, was sentenced to 37 months of imprisonment; 18 months of supervised release; and a $100 special assessment to the Victim Assistance Fund.

Wright was indicted by a federal grand jury on November 19, 2012 and pled guilty to Count III of the Indictment on January 10, 2013.

The charge stems from an incident on November 14, 2012 wherein Wright, after an evening of drinking at a home near Eagle Butte, got into an argument with others at the house and left. Upon returning, the defendant pulled in the driveway and hit the victim with his car, running the victim over several times. The victim suffered fractures in his left ankle and pelvis, which required surgery.

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

Wright 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 by Striking, Beating and Wounding was sentenced to 6 months in custody on April 2, 2013 by U.S. Magistrate Judge Mark A. Moreno.

Joseph Marshall, age 34, was indicted for two counts of Assault with a Dangerous Weapon by a federal grand jury on November 15, 2012. He pled guilty on April 2, 2013 to a Superseding Information charging him with one count of Assault by Striking, Beating and Wounding.

The charges relate to Marshall's assault of an Eagle Butte woman in November 2011.

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

Marshall was immediately turned over to the custody of the U.S. Marshal to begin serving his sentence.

United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota man convicted of Assault by Striking, Beating and Wounding was sentenced to 6 months in custody on April 2, 2013 by U.S. Magistrate Judge Mark A. Moreno.

Joseph Marshall, age 34, was indicted for two counts of Assault with a Dangerous Weapon by a federal grand jury on November 15, 2012. He pled guilty on April 2, 2013 to a Superseding Information charging him with one count of Assault by Striking, Beating and Wounding.

The charges relate to Marshall's assault of an Eagle Butte woman in November 2011.

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

Marshall was immediately turned over to the custody of the U.S. Marshal to begin serving his sentence.