District of South Dakota

United States Attorney Brendan V. Johnson announced that a Pine Ridge, South Dakota man convicted of Domestic Assault by a Habitual Offender was sentenced on January 14, 2013 by Chief U.S. District Judge Jeffrey L. Viken. Daryl Lee Goings, age 46, was sentenced to 10 years of imprisonment, 3 years of supervised release and ordered to pay $100 to the Victim Assistance Fund.

Goings was indicted for Kidnapping and Domestic Assault by a Habitual Offender on February 22, 2012. The charges related to Goings causing substantial injury to a female during a domestic assault at Pine Ridge on September 3 or 4, 2011. He has been convicted on at least two separate prior occasions for Aggravated Assault and Assault Resulting in Serious Bodily Injury. Goings pled guilty to Domestic Assault by a Habitual Offender on September 27, 2012.

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

Goings 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 Domestic Assault by a Habitual Offender was sentenced on January 14, 2013 by Chief U.S. District Judge Jeffrey L. Viken. Daryl Lee Goings, age 46, was sentenced to 10 years of imprisonment, 3 years of supervised release and ordered to pay $100 to the Victim Assistance Fund.

Goings was indicted for Kidnapping and Domestic Assault by a Habitual Offender on February 22, 2012. The charges related to Goings causing substantial injury to a female during a domestic assault at Pine Ridge on September 3 or 4, 2011. He has been convicted on at least two separate prior occasions for Aggravated Assault and Assault Resulting in Serious Bodily Injury. Goings pled guilty to Domestic Assault by a Habitual Offender on September 27, 2012.

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

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

United States Attorney Brendan V. Johnson announced that Daniel Tobacco, age 19, of Pine Ridge, South Dakota was convicted of sexual abuse following a federal jury trial in Rapid City, South Dakota. This charge carries a maximum penalty of life imprisonment and a $250,000 fine. Tobacco was indicted by a federal grand jury for sexual abuse on June 19, 2012.

The charges stem from Tobacco unlawfully engaging in a sexual act with a female at Pine Ridge on February 23, 2012. This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety.

The defendant will be sentenced following a presentence investigation. A sentencing date of June 10, 2013 has been ordered. The defendant was remanded to the custody of the U.S. Marshal.

United States Attorney Brendan V. Johnson announced that Gary Joe Emery, age 27, of Mission, South Dakota appeared before U.S. District Judge Roberto A. Lange on February 6, 2013 and pled guilty to Felon 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.

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 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 May 6, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.

United States Attorney Brendan V. Johnson has completed his term as Chairman of the Department of Justice’s Native American Issues Subcommittee (NAIS), but will continue to advise the Attorney General in his role as a member of the Attorney General’s Advisory Committee of U.S. Attorneys (AGAC). Johnson has served as chairman of the NAIS since 2009, shortly after his confirmation as U.S. Attorney for the District of South Dakota.

Attorney General Holder thanked U.S. Attorney Johnson for serving as chair of the NAIS for the past three years, 2009-2012. “Brendan Johnson’s dedication and commitment to improving public safety in Indian Country will continue to positively impact tribal communities for years to come. His leadership has brought the U.S. Attorney community together to address a myriad of important issues in Indian Country, and his guidance has been an invaluable asset to this department. I look forward to my ongoing work with U.S. Attorney Johnson as a member of the AGAC.”

As NAIS chair, Johnson was instrumental in bringing South Dakota Indian country issues to the forefront. In July 2011, Attorney General Holder, Associate Attorney General Thomas J. Perrelli, and approximately 30 United States Attorneys from across the country visited South Dakota to meet with tribal leaders in Rapid City and Pine Ridge. The Department of Justice has worked closely with tribal communities to empower tribal courts, increase law enforcement cooperation, and improve public safety in Indian Country. In South Dakota, this new spirit of cooperation has produced a significant increase in prosecutions as well as the development of new programs designed to empower tribal court systems.

Johnson’s service will continue on the AGAC. The AGAC is a select committee of United States Attorneys that was created in 1973 to serve as the voice of the U.S. Attorneys and to advise the Attorney General on policy, management, and operational issues impacting the offices of the U.S. Attorneys.

Attorney General Holder also announced the appointment of U.S. Attorney for the District of North Dakota Timothy Q. Purdon to replace Johnson as chair of NAIS, and U.S. Attorney for the Western District of Oklahoma Sanford C. Coats to serve as vice chair.

“I’m honored that I had the opportunity to serve as NAIS chair for the past three years, and sincerely appreciate Attorney General Holder’s confidence in me,” said Johnson. “I’m proud of our accomplishments, and am confident these efforts will continue under the able guidance of U.S. Attorney Purdon.”

United States Attorney Brendan V. Johnson announced that Rita Runs Above, age 35, of St. Francis, South Dakota appeared before U.S. District Judge Roberto A. Lange on February 5, 2013 and pled guilty to Abusive Sexual Contact. The maximum penalty upon conviction is 3 years in custody, a $250,000 fine, or both; life of supervised release; and a $100 special assessment.

The conviction stems from an incident that took place on August 22, 2012 when Runs Above had sexual contact with the victim who was incapable of consenting.

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 May 1, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.

United States Attorney Brendan V. Johnson announced that Royce Loudner, age 46, of Sioux Falls, South Dakota appeared before U.S. District Judge Roberto A. Lange and pled guilty to the Indictment that charged him with Failure to Register as a Sex Offender. Following his plea of guilty, and with the consent of all the parties, Loudner agreed to be sentenced immediately following his guilty plea. Loudner was sentenced to 18 months of imprisonment to be served concurrently to the sentence imposed in a prior matter. He was also sentenced to 5 years of supervised release and $100 to the Victim Assistance Fund.

Loudner was previously convicted of sexual abuse and is required to register as a sex offender. Loudner was discharged from Glory House on April 8, 2011. On April 18, 2011 he returned to Glory House. During this period, Loudner failed to update his sex offender registration status or register a new address as required by conditions of his supervised release and federal law.

The investigation was conducted by the U.S. Marshal’s Office and Assistant U.S. Attorney Meghan N. Dilges prosecuted the case. Loudner was immediately turned over to the custody of the U.S. Marshal.

United States Attorney Brendan V. Johnson announced that a Lower Brule, South Dakota man convicted of Assaulting, Resisting and Impeding a Federal Officer was sentenced on February 4, 2013 by U.S. Magistrate Judge Mark A. Moreno. James Ewing, Jr., age 30, was sentenced to 12 months custody and $25 to the Victim Assistance Fund.

Ewing was indicted for the above offense by a federal grand jury on September 19, 2012. The charges stem from an incident on April 3, 2012 at Lower Brule, wherein Ewing assaulted, resisted, opposed, impeded, intimidated and interfered with an officer from the Bureau of Indian Affairs. Ewing pled guilty to an Amended Superseding Information on November 29, 2012.

The investigation was conducted by the Bureau of Indian Affairs and Assistant U.S. Attorney Meghan N. Dilges prosecuted the case. Ewing was immediately turned over to the custody of the U.S. Marshal.

United States Attorney Brendan V. Johnson announced that Leonard Edwards, age 22, of Lower Brule, South Dakota appeared before U.S. District Judge Roberto A. Lange on February 5, 2013 and pled guilty to Count II of the Indictment that charged him with Assault Resulting in Serious Bodily Injury. The maximum penalty upon conviction is 10 years of imprisonment, a $250,000 fine, or both; 3 years of supervised release and 2 additional years of supervised release upon revocation.

The charge stems from an incident on August 25, 2012 where Edwards, the victim, and others were at a house party in Lower Brule. The victim had brought some alcohol to the party and took one of his bottles of alcohol with him when he left. Edwards followed the victim outside and struck him in the face with a closed fist, knocking the victim unconscious. As a result of the assault, the victim suffered multiple fractures to the jaw that required surgery to repair.

The investigation was conducted by the Federal Bureau of Investigation and Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case. Edwards was remanded to the custody of the U.S. Marshal pending sentencing. A sentencing date has been set for April 29, 2013.

United States Attorney Brendan V. Johnson announced that Barry Allman, age 22, of Hermosa, South Dakota appeared before U.S. District Judge Roberto A. Lange on February 5, 2013 and pled guilty to Escape. 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 an incident that took place on November 26, 2012 when Allman was released on a furlough from federal custody to attend a funeral. Allman failed to return as ordered and was on the run until he was apprehended on December 18, 2012.

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

A presentence investigation was ordered and a sentencing date was set for April 1, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.

United States Attorney Brendan V. Johnson announced that Isiah Mesteth, age 22, of Eagle Butte, South Dakota appeared before U.S. District Judge Roberto A. Lange on February 5, 2013 and pled guilty to Count III of the Indictment that charged him with Assault Resulting in Serious Bodily Injury. 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.

The charge stems from an incident on October 4, 2011 where Mesteth and his significant other argued. Mesteth hit his significant other in the face and head several times, causing her nose and lips to bleed, as well as bruising and swelling to her face and arms resulting in extreme physical pain and serious bodily injury.

The investigation was conducted by the Bureau of Indian Affairs and Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case. Mesteth was remanded to the custody of the U.S. Marshal pending sentencing. A sentencing date has been set for April 29, 2013.

United States Attorney Brendan V. Johnson announced that a Winner, South Dakota man has been indicted by a federal grand jury for Prohibited Person in Possession of a Firearm and Possession of Firearm with Obliterated Serial Number.

Joshua Felix, age 38, was indicted by a federal grand jury on January 16, 2013. He appeared before US Magistrate Judge Mark A. Moreno on January 31, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 5 years of custody; a $250,000 fine, or both; 3 years of supervised release; a $100 special assessment; and restitution.

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

The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Division. Assistant U.S. Attorney Tim Maher is prosecuting the case. Felix was released on bond pending trial. No trial date has been set.

United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota man has been indicted by a federal grand jury for allegedly making a false report to law enforcement authorities that an attempt was being made to hijack an aircraft in Pennington County on January 3, 2013.

Curtis Belile, age 24, was indicted by a federal grand jury on January 23, 2013 for False Information Concerning Aircraft Piracy. Belile appeared before United States Magistrate Judge Veronica L. Duffy on January 29, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 5 years of imprisonment and a $250,000 fine. The charge is merely an accusation and Belile is presumed innocent until and unless proven guilty.

The investigation is being conducted by the Rapid City Police Department, Box Elder Police Department, Pennington County Sheriff's Office, SD Highway Patrol, and the Federal Bureau of Investigation. Assistant U.S. Attorney Wayne Venhuizen is prosecuting the case. Belile was released on bond pending trial. A trial date has been set for April 9, 2013.

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

Allison R. Konstanz, age 35, was indicted by a federal grand jury on January 8, 2013 for failing to pay over $39,428.00 in past due child support. She appeared before U.S. Magistrate Judge John E. Simko on February 4, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is two years imprisonment; a $250,000.00 fine; one year supervised release; one additional year upon revocation; a $100.00 assessment fee; and child support restitution amount owing at the time of sentencing.

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

The investigation is being conducted by the Department of Health and Human Services, Office of Inspector General. Assistant U.S. Attorney Thomas J. Wright is prosecuting the case. Konstanz was released on bond pending trial. A trial date has not been set.

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

Larry T. Davis, age 37, was indicted by a federal grand jury on December 4, 2012 for failing to pay over $11,774.00 in past due child support. He appeared before U.S. Magistrate Judge John E. Simko on February 4, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is two years imprisonment; a $250,000.00 fine; one year supervised release; one additional year upon revocation; a $100.00 assessment fee; and child support restitution amount owing at the time of sentencing.

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

The investigation is being conducted by the Department of Health and Human Services, Office of Inspector General. Assistant U.S. Attorney Thomas J. Wright is prosecuting the case. Davis 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 Little Eagle, South Dakota man has been indicted by a federal grand jury for Aggravated Sexual Abuse by Force and Attempted Aggravated Sexual Abuse by Force.

Ronnie Fire Cloud, age 37, was indicted by a federal grand jury on December 11, 2012. He appeared before U.S. Magistrate Judge William D. Gerdes on January 31, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction on each count is any term of years or life imprisonment, a $250,000 fine or both, and a mandatory minimum term of 5 years up to life of supervised release. The charge is merely an accusation and Fire Cloud is presumed innocent until and unless proven guilty.

The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy Morley is prosecuting the case. Fire Cloud was released on bond pending trial. A trial date has not yet been set.

United States Attorney Brendan V. Johnson announced that Jeffrey Walsh, age 35, of Hot Springs, South Dakota appeared before Chief U.S. District Judge Jeffrey L. Viken on January 28, 2013 and pled guilty to an indictment that charged him with Uttering Counterfeit Obligations of the United States. The maximum penalty upon conviction is 20 years of imprisonment and a $250,000 fine.

The charge relates to Walsh passing counterfeit twenty dollar bills at Rapid City stores Best Buy, Bed Bath & Beyond, Scheels All Sports, and Blockbuster in August 2012. The investigation was conducted by the United States Secret Service, Pennington County Sheriff's Office, Rapid City Police Department, South Dakota Division of Criminal Investigation, and the Chadron Police Department in Nebraska. 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 7, 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 has been indicted by a federal grand jury for Felon in Possession of a Firearm, Possession with Intent to Distribute a Controlled Substance and Firearm Offense.

Samuel Redwater, age 22, was indicted on January 16, 2013. Redwater appeared before U.S. Magistrate Judge Mark A. Moreno on January 25, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 10 years of imprisonment, $250,000 fine, or both; 5 years of supervised release and an additional 3 years of supervised release upon revocation. Restitution and a $100 special assessment may also be ordered. The charges are merely accusations, and Redwater is presumed innocent until and unless proven guilty.

The investigation is being conducted by the Federal Bureau of Investigation and Assistant United States Attorney Kathryn N. Rich is prosecuting the case. Redwater was remanded to the custody of the U.S. Marshals. A trial date has not been set.

United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota man has been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance.

Jason Garreau, age 26, was indicted by a federal grand jury on January 16, 2013. Garreau appeared before US Magistrate Judge Mark A. Moreno on January 25, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 20 years of imprisonment, $1,000,000 fine, or both; a mandatory period of supervised release of at least 3 years up to life 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 Garreau is presumed innocent until and unless proven guilty.

The investigation is being conducted by the Federal Bureau of Investigation and Assistant U.S. Attorney Kathryn N. Rich is prosecuting the case. Garreau was remanded to the custody of the U.S. Marshals. A trial date has not yet been set.

United States Attorney Brendan V. Johnson announced that Gary Hassell, age 48, of Colorado Springs, Colorado appeared before U.S. Magistrate Judge Mark A. Moreno and pled guilty to a Superseding Information that charged him with Failure to Pay Child Support Obligations. Hassell was convicted of that offense and sentenced on February 1, 2013 to probation. He is also to repay the outstanding child support in the amount of $18,452.63.

Hassell was indicted for Failure to Pay Legal Child Support by a federal grand jury on January 10, 2012. The charges stem from an incident occurring from on or about April 1, 1999, and continuing to the present. Hassell, while residing in a different state than his minor child, willfully and unlawfully failed to pay a past due child support obligation, as ordered by the Sixth Judicial Circuit, Lyman County, South Dakota. As of August 31, 2011, Hassell had an outstanding child support obligation in the amount of $18, 452.63.

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

United States Attorney Brendan V. Johnson announced that an Arizona man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on January 29, 2013 by Chief U.S. District Judge Jeffrey L. Viken. Ronald Eugene Stocker, age 73, was sentenced to time served, 2 years' supervised release and a $100 special assessment to the Victim Assistance Fund.

The charge relates to Stocker conspiring with another person to distribute 50 grams or more of methamphetamine in the District of South Dakota and elsewhere in 2011 and 2012. Stocker pleaded guilty to the charge on September 6, 2012.

This case was investigated by the Drug Enforcement Administration and the Unified Narcotics Enforcement Team. Assistant U.S. Attorney Ted L. McBride prosecuted the case.

United States Attorney Brendan V. Johnson announced that a Texas man was indicted by a federal grand jury for Mailing Threatening Communications.

Carlos Kidd, age 33, was indicted in the United States District Court for the District of North Dakota on November 6, 2012, for mailing threatening letters to a federal judge in North Dakota. He appeared before U.S. Magistrate Judge Karen Klein in Bismarck, North Dakota on January 24, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 10 years' imprisonment and/or a $250,000 fine. The charge is merely an accusation and Kidd is presumed innocent until and unless proven guilty.

The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Eric Kelderman is prosecuting the case. Kidd 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 two Rapid City women have been indicted by a federal grand jury for harboring a fugitive and lying to a federal law enforcement agent.

Tina LaDeaux, age 40, and Lori Brave, age 37, were indicted on January 23, 2013, for Concealing Person From Arrest and False Statement. LaDeaux and Brave appeared before U.S. Magistrate Judge Veronica L. Duffy on January 28, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 5 years' imprisonment and/or a $250,000 fine. The charges are merely an accusation and LaDeaux and Brave are presumed innocent until and unless proven guilty.

The investigation is being conducted by the United States Marshals Service. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case. LaDeaux and Brave were released on bond pending trial. A trial date has not been set.

United States Attorney Brendan V. Johnson announced that Camille Touche, age 27, of Mobridge, South Dakota appeared before Chief U.S. District Judge Jeffrey L. Viken on January 28, 2013, and pled guilty to a charge of Escape from Custody. The maximum penalty upon conviction is 5 years' imprisonment and/or $250,000 fine.

In December 2012, Touche left Community Alternatives of the Black Hills without permission, where she was serving the remainder of a federal sentence. The investigation was conducted by the United States Marshals Service. The case is being prosecuted by Assistant U.S. Attorney Eric Kelderman.

A presentence investigation was ordered and a sentencing date was set for June 7, 2013. The defendant was remanded to the custody of the U.S. Marshal pending sentencing.

United States Attorney Brendan V. Johnson announced that Ashley Cottier, age 36, of Martin, South Dakota appeared before Chief U.S. District Judge Jeffrey L. Viken on January 28, 2013 and pled guilty to distribution of a controlled substance. The maximum penalty upon conviction is 20 years' imprisonment and/or a $1,000,000 fine.

On or about June 6, 2012, Cottier illegally distributed Fentanyl. This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, the Northern Plains Safe Trails Drug Enforcement Task Force, the Martin Police Department, and the South Dakota Division of Criminal Investigation. The case is being prosecuted by Special Assistant U.S. Attorney Laura A. Shattuck.

A presentence investigation was ordered and a sentencing date was set for May 7, 2013. The defendant was released on bond pending sentencing.

United States Attorney Brendan V. Johnson announced that Ashley Cottier, age 36, of Martin, South Dakota appeared before Chief U.S. District Judge Jeffrey L. Viken on January 28, 2013 and pled guilty to distribution of a controlled substance. The maximum penalty upon conviction is 20 years' imprisonment and/or a $1,000,000 fine.

On or about June 6, 2012, Cottier illegally distributed Fentanyl. This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, the Northern Plains Safe Trails Drug Enforcement Task Force, the Martin Police Department, and the South Dakota Division of Criminal Investigation. The case is being prosecuted by Special Assistant U.S. Attorney Laura A. Shattuck.

A presentence investigation was ordered and a sentencing date was set for May 7, 2013. The defendant was released on bond pending sentencing.

United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota woman has been indicted by a federal grand jury for two counts of Assault with a Dangerous Weapon.

Rae Jean Araujo Cota, a/k/a Rae Jean Slides Off, age 36, was indicted by a federal grand jury on January 16, 2013. She appeared before US Magistrate Judge Mark A. Moreno on January 30, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 10 years of custody; a $250,000 fine, or both; 3 years of supervised release; a $100 special assessment; and restitution.

The charges relate to two alleged assaults of the same victim that occurred in Eagle Butte in November and December of 2012. One assault involved a knife, and the other a frying pan. The charges are merely accusations, and Araujo Cota 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. Araujo Cota was remanded to the custody of the US Marshal. A trial date has been set for April 2, 2013.

United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota man has been indicted by a federal grand jury for Assault with Intent to Commit Murder, Assault Resulting in Serious Bodily Injury, Assault with a Dangerous Weapon, Assault by Habitual Offender and Child Abuse.

Michael O’Rourke, age 27, was indicted by a federal grand jury on January 16, 2013. He appeared before United States Magistrate Judge Mark A. Moreno on January 25, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is up to 20 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 charges are merely accusations and O’Rourke is presumed innocent until and unless proven guilty.

The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant United States Attorney Marie H. Ruettgers is prosecuting the case.

O’Rourke was released to a third party custodian pending trial. A trial date has not been set.

United States Attorney Brendan V. Johnson announced that a Presho, South Dakota man has been indicted by a federal grand jury. Jeffery Jessop, age 50, was indicted by a federal grand jury on January 16, 2013 for Unlawful Taking of Bald and Golden Eagles and Migratory Birds and Lacey Act Violations.

Jessop appeared before US Magistrate Judge Mark A. Moreno on January 29, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 2 years of imprisonment, $250,000 fine, or both; 1 year of supervised release and 1 additional year of supervised release upon revocation. Restitution and a $100 special assessment may also be ordered. The charges are merely accusations, and Jessop is presumed innocent until and unless proven guilty.

The investigation is being conducted by the Fish and Wildlife Service and Assistant United States Attorney Meghan N. Dilges is prosecuting the case. Jessop was released on bond pending trial. A trial date has not yet been set.

United States Attorney Brendan V. Johnson announced that Albert Fischer, age 22, of Lake Andes, South Dakota appeared before United States District Judge Karen E. Schreier on January 28, 2013 and pled guilty to assault resulting in serious bodily injury. The maximum penalty upon conviction is 10 years' imprisonment and a $250,000 fine.

Fischer assaulted a man in July of 2012 wherein the victim's jaw was broken. The investigation was conducted by the Bureau of Indian Affairs Law Enforcement Services - Yankton Reservation, and the FBI. The case is being prosecuted by Assistant US Attorney Thomas J. Wright.

A presentence investigation was ordered and a sentencing date was set for April 22, 2013. The defendant was remanded to the custody of the US Marshal pending sentencing.

United States Attorney Brendan V. Johnson announced that an Eagle Butte, South Dakota man has been indicted by a federal grand jury. Philip LaBatte, age 24, was indicted by a federal grand jury on October 16, 2012 for Distribution of a Controlled Substance to a Person Under the Age of 21 and Possession with Intent to Distribute a Controlled Substance.

LaBatte appeared before US Magistrate Judge Mark A. Moreno on January 29, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is 10 years of imprisonment, $250,000 fine, or both; 4 years of supervised release and 2 additional years of supervised release upon revocation. Restitution and a $100 special assessment may also be ordered. The charges are merely accusations, and LaBatte is presumed innocent until and unless proven guilty.

The investigation is being conducted by the Cheyenne River Sioux Tribe and the Drug Enforcement Task Force. Assistant United States Attorney Kathryn N. Rich is prosecuting the case. LaBatte was remanded to the custody of the US Marshal. A trial date has not yet been set.

United States Attorney Brendan V. Johnson announced that a Scottsdale, Arizona man was sentenced on January 28, 2013 by United States District Judge Karen E. Schreier.

David Scott Wright, age 49, was indicted by a federal grand jury on May 1, 2012 for conspiracy to distribute 50 grams or more of a mixture containing methamphetamine. He pled guilty to the offense on November 6, 2012. He was sentenced to 37 months in custody to be followed by 4 years of supervised release.

Wright was part of a group of people who agreed to distribute methamphetamine in South Dakota and elsewhere. Between August 2011 and January 2012, Wright distributed methamphetamine to co-conspirators who had traveled to Arizona and then returned to South Dakota to distribute the drug.

This case was investigated by the SD Division of Criminal Investigation and the US Drug Enforcement Administration. Assistant US Attorney John E. Haak prosecuted the case.

Wright was immediately turned over to the custody of the US Marshal.

United States Attorney Brendan V. Johnson announced that a Sioux Falls man has been indicted by a federal grand jury for Wire Fraud.

Terry Stimpert, age 37, was indicted by a federal grand jury on December 4, 2012 for Wire Fraud. He appeared before US Magistrate Judge John E. Simko on January 24, 2013, and pled not guilty to the indictment. The maximum penalty upon conviction is 20 years imprisonment and/or a $250,000 fine. The charge is merely an accusation and Stimpert is presumed innocent until and unless proven guilty.

The investigation is being conducted by the FBI. Assistant United States Attorney Jeffrey C. Clapper is prosecuting the case. Stimpert was released on bond pending trial.

United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota man convicted of Failure to Register as a Sex Offender was sentenced on January 23, 2013 by United States District Judge Roberto A. Lange. Darrell Bear Robe, age 23, was sentenced to 15 months in custody, 5 years of supervised release, and a $100 special assessment to the Victim Assistance Fund.

Bear Robe was indicted by a federal grand jury on July 18, 2012 and pled guilty to the charge on October 29, 2012.

On April 13, 2009 Darrell Bear Robe was convicted of Abusive Sexual Contact. The Court sentenced Bear Robe to 24 months in custody and five years of supervised release and also ordered that he register as a sex offender. Bear Robe began his term of supervised release on July 12, 2010 and absconded from supervised release on June 15, 2011. During the time he absconded from supervised release until he was apprehended in Oregon on May 9, 2012, Bear Robe failed to complete his bi-annual sex offender registration requirement.

The investigation was conducted by the United States Marshal Service. The case was prosecuted by Assistant United States Attorney Marie H. Ruettgers.

Bear Robe was remanded to the custody of the United States Marshal.

United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota woman has been indicted by a federal grand jury for Concealing Person From Arrest. Megan Crazy Thunder, age 24, was indicted on January 16, 2013.

She appeared before United States Magistrate Judge Mark A. Moreno on January 23, 2013 and pled not guilty to the indictment. 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. Restitution may also be ordered.

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

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

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

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

Kamelia Ione No Moccasin, age 28, was indicted by a federal grand jury on January 16, 2013. She appeared before United States Magistrate Judge Mark A. Moreno on January 24, 2013 and pled not guilty to the indictment. The maximum penalty upon conviction is up to 8 years’ in custody, a $250,000 fine, or both; 3 years of supervised release; and a $100 Special Assessment. Restitution may also be ordered.

The charge is merely an accusation and No Moccasin 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 United States Attorney Marie H. Ruettgers is prosecuting the case.

No Moccasin was released on bond pending trial. A trial date has not been set.

United States Attorney Brendan V. Johnson announced that Dwight Rank, age 25, of Fort Thompson, South Dakota appeared before US Magistrate Mark A. Moreno on January 24, 2013 and pled guilty to the Superseding Information that charged him with Assaulting a Federal Officer. The maximum penalty upon conviction is 1 year of imprisonment, $100,000 fine, or both; 1 year of supervised release and 1 additional year of supervised release upon revocation; $25.00 to the Victim Assistance Fund. Restitution may also be imposed.

On January 7, 2012 Rank was driving erratically and was observed by a BIA officer 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 stopped his vehicle in the middle of BIA Road 5 and then accelerated and began to drive away. Rank made a U-turn and struck the officer's vehicle before fleeing the scene.

The investigation was conducted by the Federal Bureau of Investigation and Assistant United States Attorney Meghan N. Dilges is prosecuting the case. Rank was released on bond pending sentencing on April 3, 2013.

United States Attorney Brendan V. Johnson announced that Ryan Scott, age 26, of Fort Thompson, South Dakota appeared before United States District Judge Roberto A. Lange on January 25, 2013 and pled guilty to the Indictment that charged him with Possession with Intent to Distribute a Controlled Substance.

The maximum penalty upon conviction is 5 years of imprisonment, $250,000 fine, or both; a period of supervised release of at least 2 years up to life and 2 additional years of supervised release upon revocation; $100 to the Victims' Assistance Fund. Restitution may also be imposed.

The charge stems from an incident on February 25, 2011 where a vehicle with Ryan Scott, along with another person, had gone into the ditch. When deputies arrived at the scene and spoke with the individuals, they detected a strong odor of marihuana and searched the vehicle discovering a bag containing over one pound of marihuana.

The investigation was conducted by the Federal Bureau of Investigation and the Rosebud Police Department. Assistant US Attorney Kathryn N. Rich is prosecuting the case. Scott was remanded to the custody of the US Marshal pending sentencing on March 27, 2013.

United States Attorney Brendan V. Johnson announced that an Eagle Butte woman convicted of Assaulting a Federal Officer was sentenced on January 24, 2013 by U.S. District Judge Roberto A. Lange. Charmagne Means, age 27, was sentenced to 6 months probation, a $150 fine, a $25 special assessment, and a letter of apology to the Cheyenne River Sioux Tribal Police officers.

Means was indicted for Assaulting a Federal Officer by a federal grand jury on August 22, 2012. She pled guilty to the charge on October 29, 2012.

The conviction stems from an incident on June 3, 2011 when the Defendant did not obey repeated orders by law enforcement officers to stop as she and her co-defendant ran toward officers who were arresting another individual. She was intercepted by an officer and physically resisted arrest.

This case was investigated by the Cheyenne River Law Enforcement Services. First Assistant U.S. Attorney Randolph J. Seiler prosecuted the case.

U.S. Attorney Brendan V. Johnson announced that an Eagle Butte woman convicted of Assaulting a Federal Officer was sentenced on January 24, 2013 by U.S. District Judge Roberto A. Lange. Delanita LaClair, age 49, was sentenced to 3 years probation, a $300 fine, a $25 special assessment, 40 hours of community service, and a letter of apology to the Cheyenne River Sioux Tribal Police officers.

LaClair was indicted for Assaulting a Federal Officer by a federal grand jury on August 22, 2012. She pled guilty to the charge on January 24, 2013.

The conviction stems from an incident on June 3, 2011 when the Defendant did not obey repeated orders by law enforcement officers to stop as she and her co-defendant ran toward officers who were arresting another individual. She was intercepted by an officer and physically resisted arrest.

This case was investigated by the Cheyenne River Law Enforcement Services. First Assistant U.S. Attorney Randolph J. Seiler prosecuted the case.

United States Attorney Brendan V. Johnson announced that Raymond Uses The Knife, a/k/a Yamni Uses The Knife, age 21, of Eagle Butte, South Dakota appeared before US District Judge Roberto A. Lange on January 23, 2013 and pled guilty to a Superseding Information that charged him with Simple Assault of a Minor.

The maximum penalty upon conviction is 1 year of custody, a $100,000 fine, restitution, and a $25 Special Assessment to the Victim Assistance Fund. The conviction arose from an incident in Eagle Butte in August of 2011 when Uses The Knife assaulted a minor under the age of 16.

The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Division. The case is being prosecuted by Assistant United States Attorney Mikal Hanson.

A presentence investigation was ordered, and a sentencing date was set for April 12, 2013. The defendant was remanded to the custody of the US Marshal pending sentencing.

U.S. Attorney Brendan V. Johnson announced that a Dupree man convicted of Simple Assault was sentenced on January 25, 2013 by U.S. Magistrate Judge Mark A. Moreno. Elton Lone Eagle, Sr., age 31, was sentenced to time served and a $10 special assessment.

Lone Eagle was indicted by a federal grand jury on November 15, 2012. He pled guilty to a Superseding Information charging Simple Assault on January 25, 2013.

The charge stems from an incident in June of 2012 when the Defendant and another assaulted the victim causing minor bruises and swelling to the victim's face and eyes.

This case was investigated by the Cheyenne River Law Enforcement Services. Assistant U.S. Attorney Troy Morley prosecuted the case.

United States Attorney Brendan V. Johnson announced that Scott Ray Marrowbone, age 36, of Cherry Creek, South Dakota appeared before US District Judge Roberto A. Lange on January 25, 2013 and pled guilty to Count II of the Indictment that charged him with Sexual Contact with a Minor. The maximum penalty upon conviction is 2 years of custody, a $250,000 fine, or both, and at least 5 years of supervised release up to life; and a $100 special assessment to the Victim Assistance Fund. Restitution may also be ordered.

The conviction arose from an incident that occurred between May 2005 and October 2007 when Marrowbone sexually assaulted a female minor near Eagle Butte, South Dakota.

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

A presentence investigation was ordered, and a sentencing date was set for April 15, 2013. The defendant was remanded to the custody of the US Marshal pending sentencing.

US Attorney Brendan V. Johnson announced that a suspect has been charged by complaint in U.S. District Court for robbing the First Bank and Trust in Toronto, South Dakota on January 2, 2013.

Nathan Michael Reisetter, age 38, of White, South Dakota made his first court appearance before US Magistrate Judge William D. Gerdes on January 23, 2013. The maximum penalty upon conviction for bank robbery is 20 years in prison and/or a $250,000 fine, plus restitution. The charge is merely an accusation and Reisetter is presumed innocent until and unless proven guilty.

Investigation indicates that a man entered the First Bank and Trust at about 3:45 p.m. on January 2, 2013, carrying a large handgun and two garbage bags and wearing a black snowmobile helmet liner or mask over his head and face. The man gave a garbage bag to a teller and told her to fill it up with money from the vault. The man forced two tellers to a back room of the bank and told them to stay there until they counted to one hundred.

As soon as they heard the bank’s door close, the tellers went to the bank’s windows and saw the robber drive away in a red SUV that one of the tellers had noticed park across the street just before the robbery. Footprints and tire tread prints in the snow found around the parking spot were photographed and a plaster cast was made of the tire tread prints.

Investigation led law enforcement to Reisetter’s vehicle, which is a red SUV and has tires that matched the tire tread prints made in the snow outside the bank.

On January 22, law enforcement interviewed Reisetter. He admitted robbing the bank and disclosed that evidence of the crime and some of the stolen money were at his home. Police searched Reisetter’s home and seized cash, guns, and the clothing worn by Reisetter the day he robbed the bank.

The investigation is being conducted by the Deuel County Sheriff’s Office, the SD Division of Criminal Investigation, and the Federal Bureau of Investigation. Assistant US Attorney John E. Haak is prosecuting the case.

Reisetter was remanded to the custody of the US Marshal. A trial date has not yet been set.

United States Attorney Brendan V. Johnson announced that Dennis Red Elk, age 32, of Rapid City, South Dakota; Maurice Johnson, age 33, of Rapid City, South Dakota; and Daniel Gangone, age 35, of Mission, South Dakota, appeared before United States Magistrate Judge Mark A. Moreno on January 17, 2013, and pled guilty to the Superseding Information that charged them with Possession of a Controlled Substance. The maximum penalty upon conviction is 1 year of custody, a $1,000 minimum fine but not more than $100,000 fine, or both; not more than 1 year of supervised release; and a $25 special assessment.

The charges stem from an incident wherein Red Elk, Johnson, and Gangone, on October 1, 2009 and April 19, 2010, came into contact with law enforcement officers, who discovered marihuana in the defendants’ possession.

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

Red Elk and Gangone were released on bond pending sentencing. Johnson was remanded to the custody of the United States Marshals pending sentencing. A sentencing date has been set for April 16, 2013.

United States Attorney Brendan V. Johnson announced that a Rosebud, South Dakota, man has been indicted by a federal grand jury for Third Degree Burglary and Larceny.

Justin Gabriel, age 21, was indicted by a federal grand jury on December 12, 2012. He appeared before United States Magistrate Judge Mark A. Moreno on January 22, 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 Gabriel is presumed innocent until and unless proven guilty.

The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant United States Attorney Tim Maher is prosecuting the case.

Gabriel was remanded to the custody of the United States Marshal pending trial. A trial has not been set.

United States Attorney Brendan V. Johnson announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for allegedly converting to his own use funds of the United States Air Force between August and December of 2011.

Derrick Scott, age 22, was indicted by a federal grand jury on November 19, 2012, for Theft of Government Property and False Statement. Scott appeared before United States Magistrate Judge Veronica L. Duffy on January 15, 2013, and pleaded not guilty to the indictment. The maximum penalty upon conviction is 10 years' imprisonment and a $250,000 fine. The charges are merely accusations and Scott is presumed innocent until and unless proven guilty.

The investigation is being conducted by the Department of the Air Force. Scott was released on bond pending trial. A trial date has been set for March 26, 2013.

United States Attorney Brendan V. Johnson announced that a Parmelee man was acquitted on two counts of Abusive Sexual Contact as a result of a federal jury trial in Pierre, South Dakota. Randy Never Misses A Shot was indicted by a federal grand jury in November of 2012.

The charges relate to the alleged abusive sexual contact with the victim in October of 2012.

The investigation was conducted by the Federal Bureau of Investigation, and the United States Attorney's Office prosecuted the case.

US Attorney Brendan V. Johnson announced that Judson His Law, a/k/a Judson Two Dogs, age 18, of Eagle Butte, South Dakota, appeared before US District Judge Roberto A. Lange on January 23, 2013, and pled guilty to Count I of the Indictment that charged him with Possession of a Stolen Firearm. The maximum penalty upon conviction is 10 years' imprisonment, a $250,000 fine or both, and a period of supervised release of 3 years.

The conviction arose from an October 2012 incident when His Law stole a Remington shotgun from a vehicle parked outside a convenience store in Eagle Butte, South Dakota.

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

A presentence investigation was ordered, and a sentencing date was set for April 15, 2013. The defendant was remanded to the custody of the US Marshal pending sentencing.

United States Attorney Brendan V. Johnson announced that Sarah Richenda Richards, age 25, of Rosebud, South Dakota, appeared before United States Magistrate Judge Mark A. Moreno on January 22, 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 a $10 special assessment.

The conviction stems from an incident that took place on November 30, 2011, when Richards stabbed the victim with a butcher knife.

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

A presentence investigation was ordered. The defendant was released to a third party custodian pending sentencing. A sentencing date has been set for March 22, 2013.