District of South Dakota

PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a Gregory County, South Dakota, man convicted of two counts of Assault Resulting in Serious Bodily Injury. The sentencing took place on May 6, 2024.

Dillon Yellow Hawk, age 27, was sentenced to seven years in federal prison, followed by three years of supervised release, and ordered to pay a $200 special assessment to the Federal Crime Victims Fund.

Yellow Hawk was indicted by a federal grand jury in June of 2023. He pleaded guilty on February 5, 2024.

In April of 2023, Yellow Hawk was living at his grandmother’s residence in rural Gregory County, South Dakota on property that is part of the Rosebud Sioux Indian Reservation. Yellow Hawk’s aunt and adult cousin, as well as Yellow Hawk’s three young children, also lived at the residence. On the evening of April 24, 2023, into the early morning hours of April 25, 2023, Yellow Hawk, his cousin, his aunt, and others were consuming alcohol. As the night progressed, an argument began between Yellow Hawk and his cousin, which included physical contact by both parties. The fight between the two escalated, culminating with Yellow Hawk grabbing his shotgun. Yellow Hawk fired the gun at his cousin, striking his cousin in the abdomen. Yellow Hawk maintained possession of the firearm and entered his grandmother’s bedroom where his aunt was also. To prevent another shot, Yellow Hawk’s aunt attempted to grab the gun. Her arm was near the muzzle when Yellow Hawk fired a second shot. Both victims were transported to Sioux Falls for medical treatment and required surgery for their injuries.

This matter was prosecuted by the U.S. Attorney’s Office because the Major Crimes Act, a federal statute, mandates that certain violent crimes alleged to have occurred in Indian Country be prosecuted in Federal court as opposed to State court.

This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services, the Gregory County Sheriff’s Office, the Burke Police Department, and the South Dakota Highway Patrol. Assistant U.S. Attorney Abby Roesler prosecuted the case.

Yellow Hawk was immediately remanded to the custody of the U.S. Marshals Service.

 

 

SIOUX FALLS – The U.S. Attorney's Office for the District of South Dakota joined its partners across the federal government, as well as people throughout American Indian and Alaska Native communities, in recognizing May 5 as National Missing or Murdered Indigenous Persons (MMIP) Awareness Day. The District of South Dakota U.S. Attorney Alison J. Ramsdell and other District staff will also be hosting and attending events throughout the month of May. 

In recognition of MMIP Awareness Day, Attorney General Merrick B. Garland highlighted ongoing efforts to tackle the MMIP and human trafficking crises in American Indian and Alaska Native communities, and other pressing public safety challenges, like the fentanyl crisis, in Tribal communities.

“There is still so much more to do in the face of persistently high levels of violence that Tribal communities have endured for generations, and that women and girls, particularly, have endured,” said Attorney General Merrick B. Garland. “In carrying out our work, we seek to honor those who are still missing, those who were stolen from their communities, and their loved ones who are left with unimaginable pain. Tribal communities deserve safety, and they deserve justice. This day challenges all of us at the Justice Department to double down on our efforts, and to be true partners with Tribal communities as we seek to end this crisis.”

To raise awareness of MMIP issues, U.S. Attorneys and MMIP personnel have been engaging in events with Tribal and law enforcement partners, communities, and stakeholders across the United States, and will continue to do so in the month ahead. On April 17-18, 2024, U.S. Attorney Alison Ramsdell, First Assistant U.S. Attorney Gregg Peterman, MMIP Regional AUSA Troy Morley, and National Native American Outreach Services Liaison Marlys Big Eagle participated in an MMIP Conference hosted by the Oglala and Rosebud Sioux Tribes; on April 30, 2024, Ramsdell, Morley, and Big Eagle joined a panel discussion at the Yankton Community Library; on May 5, 2024, Morley participated in an MMIP Awareness Walk in Porcupine, SD; on May 6, 2024, Morley, Big Eagle, and AUSA Heather Knox presented at South Dakota’s MMIP Awareness and Training Program; and on May 14, 2024, the U.S. Attorney’s Office for the District of South Dakota, in conjunction with the Department of Justice’s MMIP Regional Outreach Program, will host an MMIP Summit, where leaders from South Dakota’s nine federally recognized tribes will learn about law enforcement resources and Tribal Community Response Plans.

Justice Department Prioritization of MMIP Cases

Last July, the Justice Department announced the creation of the Missing or Murdered Indigenous Persons (MMIP) Regional Outreach Program, which permanently places five MMIP Assistant U.S. Attorneys and five MMIP coordinators throughout the country to provide specialized support to U.S. Attorneys’ offices as those offices address and combat MMIP issues. This support includes assisting in the investigation of unresolved MMIP cases and related crimes, as well as promoting communication, coordination, and collaboration among federal, Tribal, local, and state law enforcement, and non-governmental partners on MMIP issues. The MMIP Regional Outreach Program has divided its resources into five regions—the Northwest, Southwest, Great Plains, Great Lakes, and Southeast Regions. The District of South Dakota falls within the Great Plains Region and serves as a host district for one of the five MMIP Regional AUSAs. As previously indicated, Troy Morley has been selected to serve the Great Plains Region as the MMIP Regional AUSA.

In November of 2023, Troy Morley, MMIP Assistant U.S. Attorney (AUSA) for the District of South Dakota, bought to closure a cold case that was 31 years old. In 1992, in Roberts County, Jay Adams Jr. of Sisseton, South Dakota, killed a minor victim, in the heat of passion, by inflicting fatal blunt force trauma to her head. Adams signed documents admitting he used violent force to inflict the injury upon the victim in the early morning hours of September 4, 1992. Adams did not seek medical attention for the victim and later the same day discovered she had died. Adams feigned ignorance as to the cause of the victim’s injury. Earlier in 2023, new evidence came to light which implicated Adams in the death of the victim. Sentencing is scheduled for June 3, 2024.

“Cold cases are not closed cases in the U.S. Attorney’s Office,” said Alison J. Ramsdell, U.S. Attorney for the District of South Dakota. “As this tragic case demonstrates, no matter how long it takes, we remain committed to working alongside our law enforcement partners to bring the perpetrators of these heinous crimes to justice. It is our hope that the cases prosecuted by the U.S. Attorney’s office offers some measure of closure to victims’ families and helps honor the sacred memory of missing and murdered Indigenous persons.”

The MMIP regional program prioritizes MMIP cases consistent with the Deputy Attorney General’s July 2022 directive to U.S. Attorneys’ Offices promoting public safety in Indian country. The program fulfills the Justice Department’s promise to dedicate new personnel to MMIP consistent with Executive Order 14053, Improving Public Safety and Criminal Justice for Native Americans and Addressing the Crisis of Missing or Murdered Indigenous People, and the Department’s Federal Law Enforcement Strategy to Prevent and respond to Violence Against American Indians and Alaska Natives, Including to Address Missing or Murdered Indigenous Persons issued in July 2022.

Not Invisible Act Commission Response

The Department’s work to respond to the MMIP crisis is a whole-of-Department effort. In March, the Departments of Justice and the Interior released their joint response to the Not Invisible Act Commission (NIAC)’s recommendations on how to combat the missing or murdered Indigenous peoples (MMIP) and human trafficking crises. The NIAC response, announced by Attorney General Garland during a visit to the Crow Nation, recognizes that more must be done across the federal government to resolve this longstanding crisis and support healing from the generational traumas that Indigenous peoples have endured throughout the history of the United States. 

The Department is in the process of implementing its response now, addressing several areas in the near term, including:

• Improving coordination, funding, and operations of efforts to combat MMIP and human trafficking;
• Enhancing research to better trace the underlying causes of MMIP and human trafficking, to reduce barriers to accessing resources, and to identify data sharing opportunities with healthcare systems;
• Improving access to funding aligned with Tribes’ needs;
• Developing guidance on the effective use of the media and social media to engage the public when someone is reported missing;
• Improving communications with families of victims or missing people; and
• Working with a multi-jurisdictional working group to address factors that lead people, particularly young people, to voluntarily go missing.

Addressing Violent Crime and the Fentanyl Crisis in Indian Country

As noted in the joint response to the NIAC, research suggests that certain public safety challenges faced by many American Indian and Alaska Native communities — including disproportionate violence against women, families, and children; substance use; drug trafficking; and labor and sex trafficking — can influence the rates of missing American Indian and Alaska Native people.

Further, fentanyl poisoning and overdose deaths are the leading cause of opioid deaths throughout the United States, including Indian county, where drug-related overdose death rates for Native Americans exceeds the national rate.

Therefore, federal law enforcement components are ramping up efforts to forge stronger partnerships with federal and Tribal law enforcement partners to address violent crime and the fentanyl crisis, which exposes already vulnerable communities to greater harm. For instance:

• Last year, the Justice Department increased funding to the FBI Safe Trails Task Forces to build on the success they have had in bringing together agencies, including Tribal police departments, to combat public safety threats, violent crime, and drug trafficking. The FBI has increased its investigative resources in some of the Indian Country field offices that were in most need of personnel.
• Last year, the FBI undertook Operation Not Forgotten, which surged more than 40 personnel, including agents, intelligence analysts, tactical specialists, and victim specialists, to 10 field offices, where they were able to supplement more than 200 pending investigations related to violence against indigenous women and children, with a focus on homicide, serious bodily injury, and physical and sexual child abuse. To date, there have been seven successful indictments. Special Agents identified four previously unidentified child victims and recovered one child victim. Numerous other cases were referred for federal or Tribal prosecutions based on these efforts.
• This year, the DEA has established liaisons with each of the FBI-led Safe Trails Task Forces. In addition, DEA is expanding Operation Overdrive to include partnering with Tribal law enforcement and community outreach specialists to reduce the harm caused by drugs and drug-related violence. Operation Overdrive utilizes a data-driven approach to identify hot spots of drug-related violence and drug-poisoning deaths across the country, in order to concentrate resources where criminal drug networks are causing the most harm. DEA’s Operation Engage has facilitated programs for Tribal youth, focusing on increasing drug prevention and awareness.
• The U.S. Marshals Service has developed a legislative proposal to formalize its role in enforcing Tribal violent felony arrest warrants that would expand a pilot launched last year where the Marshals served Tribal warrants at the request of, and in close coordination with, Tribal law enforcement and the Department’s Office of Tribal Justice. This effort has successfully targeted extremely dangerous offenders.
• The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) recently assigned a Special Agent/Certified Fire Investigator to the MMIP Initiative to conduct case reviews for each of the five regions. ATF’s National Integrated Ballistic Identification Network (NIBIN) and Crime Gun Intelligence Centers (CGIC) are used as an investigative resource for MMIP cases involving the criminal use of a firearm.
• In addition to coordinating our enforcement efforts, the Justice Department is also focused on supporting education and awareness efforts, as well as prevention, treatment, and recovery. The Bureau of Justice Assistance has provided training sessions for Tribal law enforcement, judges, and public safety personnel on our shared work to address fentanyl poisoning, including on the use of Narcan for fentanyl overdoses.

“The FBI remains unwavering in our pledge to work with our law enforcement partners to address the violence that has disproportionately harmed Tribal communities and families,” said FBI Director Christopher Wray. “We will continue to prioritize our support of victims and will steadfastly pursue investigations into the crime impacting American Indian and Alaska Native communities.”

“DEA’s top priority is protecting all communities from deadly drugs, like fentanyl, and drug related violent crime,” said Administrator Anne Milgram of the Drug Enforcement Administration (DEA). “We know that no community has been spared from these deadly threats and we are committed to keeping Tribal communities safe.”

Accessing Justice Department Resources

Over the past year, the Department awarded $268 million in grants to help enhance Tribal justice systems and strengthen law enforcement responses. These awards have also gone toward improving the handling of child abuse cases, combating domestic and sexual violence, supporting Tribal youth programs, and strengthening victim services in Tribal communities.

For additional information about the Justice Department’s efforts to address the MMIP crisis, please visit the MMIP section of the Tribal Safety and Justice website.

Click here for more information about reporting or identifying missing persons.

 

RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. Chief Judge Roberto A. Lange has sentenced a Wanblee, South Dakota, man convicted of Failure to Register as a Sex Offender and Assault Resulting in Serious Bodily Injury. The sentencing took place on April 25, 2024.

Richard Lorn Brown, 28, was sentenced to a total of four years in federal prison, followed by five years of supervised release, and ordered to pay a $200 special assessment to the Federal Crime Victims Fund. Judge Lange imposed an 18-month sentence on the Failure to Register charge and a 30-month sentence on the Assault charge, and ordered the sentences to run consecutively. 

Brown was indicted for Failure to Register as a Sex Offender, Committing a Crime of Violence While Failing to Register, Assault Resulting in Serious Bodily Injury, and Assault with a Dangerous Weapon by a federal grand jury in July of 2023. He pleaded guilty on January 26, 2024.

The conviction stems from Brown failing to update his sex offender registration in July of 2022 and then stabbing a man with a knife in July of 2023.

This matter was prosecuted by the U.S. Attorney’s Office because the Major Crimes Act, a federal statute, mandates that certain violent crimes alleged to have occurred in Indian Country be prosecuted in Federal court as opposed to State court.

This case was investigated by the U.S. Marshals Service, FBI, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Anna Lindrooth prosecuted the case.

Brown was immediately remanded to the custody of the U.S. Marshals Service.

RAPID CITY - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange has sentenced a Wall, South Dakota, man convicted of Enticement of a Minor Using the Internet and Receipt of Child Pornography. The sentencing took place on April 26, 2024.

Miguel Antonio Alvarez, 50, was sentenced to 30 years in federal prison for the Enticement charge and 20 years in federal prison for the Receipt charge, all to run concurrently. Additionally, Alvarez was sentenced to eight years of supervised released, and order to pay a $200 special assessment to the Federal Crime Victims Fund and $27,500 in restitution. Alvarez will also be required to register as a sex offender under the Sex Offender Registration and Notification Act.

Alvarez was indicted for Sexual Exploitation of a Minor, Enticement of a Minor, Distribution of Child Pornography, Receipt of Child Pornography, and Possession of Child Pornography by a federal grand jury in January of 2023. He pleaded guilty on January 24, 2024.

The convictions stem from Alvarez enticing a 14-year-old girl between April of 2022 and May of 2022 in Wall, South Dakota. Additionally, Alvarez was in receipt of hundreds of images and videos of child pornography.    

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

This case was investigated by the South Dakota Division of Criminal Investigation, the Internet Crimes Against Children Taskforce, the FBI, the Pennington County’s Office, and the Lynnwood Police Department in Snohomish County, Washington. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

Alvarez was immediately remanded to the custody of the U.S. Marshals Service.

 

RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. Chief District Judge Roberto A. Lange has sentenced a Rapid City, South Dakota, man convicted of Possession of a Firearm and Ammunition by a Prohibited Person. The sentencing took place on April 26, 2024.

Tristan Alvie Habben, 22, was sentenced to three years and two months in federal prison, followed by three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Habben was indicted for Possession of a Firearm and Ammunition by a Prohibited Person by a federal grand jury in October of 2023. He pleaded guilty on January 31, 2024.

The charge relates to Habben, a previously convicted felon who is prohibited from possessing firearms and ammunition, knowingly being in possession of a Taurus model PT740, .40 Smith & Wesson caliber, semi-automatic pistol and rounds of Winchester .40 Smith & Wesson caliber ammunition in Rapid City in August of 2023.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Rapid City Police Department. Assistant U.S. Attorney Anna Lindrooth prosecuted the case.

Habben was immediately remanded to the custody of the U.S. Marshals Service.

RAPID CITY - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange has sentenced a Custer, South Dakota, man for receiving child pornography. The sentencing took place on April 25, 2024.

Nathan Frisch, a 43-year-old former teacher in both Custer and Rapid City, was sentenced to five  years in federal prison, followed by five years of supervised release. Frisch was also ordered to pay $1,000 in restitution, a $5,000 special assessment to the Victims of Trafficking Fund, a $5,000 special assessment to the Amy, Vicky and Andy Child Pornography Assistance Fund, and a $100 special assessment to the Federal Crime Victims Fund.

Frisch was indicted for Receipt of Child Pornography and Possession of Child Pornography by a federal grand jury in March of 2023. On January 17, 2024, he pleaded guilty to receiving child pornography.

Frisch admitted that he knowingly downloaded child pornography from the internet, using his cell phone and laptop between September 4, 2022, and December 30, 2022. Frisch also admitted that he used the “Reface” application to transpose the faces of female minors onto sexually explicit depictions of adult women.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

This case was investigated by Homeland Security Investigations and the South Dakota Internet Crimes Against Children Task Force. Assistant U.S. Attorney Heather Knox prosecuted the case.

Frisch was immediately remanded to the custody of the U.S. Marshals Service.

 

 

RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Box Elder, South Dakota, man convicted of Sexual Exploitation of a Minor, Attempted Sexual Exploitation of a Minor, Enticement of a Minor Using the Internet, Attempted Enticement of a Minor Using the Internet, Receipt of Child Pornography, and Attempted Receipt of Child Pornography. The sentencing took place on April 26, 2024.

Vincent Alberto Barrios, 43, was sentenced to life in federal prison, followed by five years of supervised release, and ordered to pay a $600 special assessment to the Federal Crime Victims Fund. Judge Schreier imposed a 30-year sentence on each Sexual Exploitation charge, a life sentence on each Enticement charge, and a 20-year sentence on each Receipt charge. Judge Schreier further ordered the sentences to run concurrently. 

Barrios was indicted by a federal grand jury in August of 2023. He was found guilty of all charges following a three-day jury trial in December of 2023. 

Barrios was arrested and federally indicted following the undercover sex trafficking operation conducted during the 2023 Sturgis Motorcycle Rally, targeting internet predators. Following multiple chats and sexually explicit text messages with a person Barrios believed to be a 13-year-old girl, but who was in fact an undercover agent, Barrios proceeded to negotiate a time and place he would meet the minor to engage in unlawful sex acts. When Barrios went to the pre-determined location to meet the minor, he was instead met by law enforcement agents and placed under arrest. During this time Barrios was also chatting with two other undercover agents Barrios believed to be 14-year-old girls. After a review of Barrios’ phone, law enforcement located a text message conversation with a local 14-year-old girl and child pornography.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

This case was investigated by the South Dakota Division of Criminal Investigation, South Dakota Internet Crimes Against Children Task Force, HSI, and the Rapid City Police Department. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

Barrios was immediately remanded to the custody of the U.S. Marshals Service.

 

 

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Sioux Falls, South Dakota, woman, convicted of Possession of a Firearm by a Prohibited Person. The sentencing took place on April 22, 2024, in Sioux Falls, South Dakota.

Christina Gonzalez, age 34, was sentenced to one year and eight months in federal prison, followed by three years of supervised release. She was ordered to pay $100 as a statutorily required special assessment to the Federal Crime Victims Fund.

Gonzalez was indicted for Possession of a Firearm by a Prohibited Person by a federal grand jury in December of 2023. She pleaded guilty on February 6, 2024.

On October 20, 2023, law enforcement responded to a call of a suspicious person trespassing on private property. The reporting party advised the trespasser was a female and that she had a handgun in her possession. When law enforcement arrived, they located Gonzalez next to her vehicle parked near the property. When Gonzalez was placed under arrest, a search of her vehicle was conducted, and law enforcement located the handgun the witness previously saw in her possession.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Sioux Falls Police Department. Assistant U.S. Attorney Paige Petersen prosecuted the case.

Gonzalez was remanded to the custody of the U.S. Marshals Service to continue serving her sentence. 

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Sioux Falls, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance. The sentencing took place on April 22, 2024.

Edward Ward, 52, was sentenced to 16 years and eight months in federal prison, followed by five years of supervised release. He was also ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Ward was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury in March of 2023. He pleaded guilty on January 23, 2024.

Ward obtained methamphetamine through the mail from a co-conspirator in California and re-distributed it in South Dakota. On May 3, 2022, Ward sold approximately four ounces of methamphetamine to a confidential informant who was working with law enforcement. Also on May 17, 2022, he sold another 5.5 ounces of methamphetamine to the informant during a controlled purchase orchestrated by law enforcement. Then again on May 26, 2022, Ward sold another eleven ounces of methamphetamine to the same informant. He was personally involved in the handling and distribution of approximately 100 pounds of methamphetamine during his involvement in the conspiracy.

This case was investigated by the Drug Enforcement Administration and the Sioux Falls Police Department. Assistant U.S. Attorney Mark Hodges prosecuted the case.

Ward was immediately remanded to the custody of the U.S. Marshals Service.

PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a Mission, South Dakota, man convicted of Failure to Register as a Sex Offender; Assaulting, Resisting, and Impeding a Federal Officer with a Dangerous Weapon; and Commission of a Crime of Violence while Failing to Register as a Sex Offender. The sentencing took place on April 24, 2024.

Louis Andrew Rabbitt, Jr., age 42, was sentenced to six years and five months in federal prison, followed by five years of supervised release, and ordered to pay a $300 special assessment to the Federal Crime Victims Fund.

Rabbitt was indicted by a federal grand jury in October and December of 2023. He was convicted of all counts on January 25, 2024, following a three-day jury trial in federal district court in Pierre, South Dakota.   

According to evidence presented at trial, Rabbitt failed to update his sex offender registration after moving from his registered address in July of 2023. Rabbitt had continued to fail to update his sex offender registration when the U.S. Marshals Service arrived to arrest Rabbitt pursuant to an arrest warrant on September 20, 2023. In an effort to avoid arrest, Rabbitt threatened Deputy U.S. Marshals with a baseball bat before being apprehended.

This case was investigated by the U.S. Marshals Service with the assistance of the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorneys Wayne Venhuizen and Meghan Dilges prosecuted the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

Rabbitt was immediately remanded to the custody of the U.S. Marshals Service.

 

PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced an Ideal, South Dakota, man convicted of Larceny and Prohibited Person in Possession of a Firearm. The sentencing took place on April 24, 2024.

Tredell Long Crow, age 27, was sentenced to five years in federal prison, followed by three years of supervised release, and ordered to a pay $200 special assessment to the Federal Crime Victims Fund. Long Crow was furthered ordered to pay restitution in the amount of $1,786.66.

Long Crow was indicted by a federal grand jury in September of 2023. He pleaded guilty on February 1, 2024.

The convictions stem from conduct that occurred in July of 2023. On July 15, 2023, Long Crow stole a vehicle from a residence in Sioux Falls, South Dakota, which he drove to a residence in Ideal, on property that is part of the Rosebud Sioux Indian Reservation. In the early morning hours of July 16, 2023, Long Crow was involved in an argument with two individuals in Ideal, during which he brandished and discharged a firearm.

In 2022, Long Crow was convicted of Possession of a Controlled Drug or Substance in Minnehaha, County, South Dakota. As a result of this conviction, it is illegal for Long Crow to possess firearms or ammunition.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

This matter was prosecuted by the U.S. Attorney’s Office because the Major Crimes Act, a federal statute, mandates that certain violent crimes alleged to have occurred in Indian Country be prosecuted in federal court as opposed to State court.

This case was investigated by the Sioux Falls Police Department, the Rosebud Sioux Tribe Law Enforcement Services, the Tripp County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Kirk Albertson prosecuted the case.   

Long Crow was immediately remanded to the custody of the U.S. Marshals Service.

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced an El Salvadoran man, a Guatemalan man, and a Kersey, Colorado, woman convicted of the following offenses: Kidnapping; Carjacking; Brandishing a Firearm During and in Relation to a Crime of Violence; Unlawful Possession of a Firearm by a Prohibited Person; and Unlawful Reentry after Deportation. The sentencings took place on April 12 and April 26, 2024, in Rapid City, South Dakota.

Deyvin Morales, age 29, of Guatemala, was sentenced on April 26, 2024, to 47 years in federal prison, followed by five years of supervised release.

Juan Francisco Alvarez-Sorto, age 25, of El Salvador, was sentenced on April 12, 2024, to 35 years in federal prison, followed by five years of supervised release.  

Karla Lopez-Gutierrez, age 29, was sentenced on April 26, 2024, to 26 ½ years in federal prison, followed by five years of supervised release.

Alvarez, Morales, and Lopez were indicted by a federal grand jury in August of 2022. Lopez-Gutierrez pleaded guilty to Kidnapping and Brandishing a Firearm During and in Relation to a Crime of Violence on August 17, 2023. Alvarez and Morales were indicted again in December of 2023. On January 23, 2024, following a federal trial, Alvarez and Morales were found guilty of Kidnapping; Carjacking; Brandishing a Firearm During and in Relation to a Crime of Violence; Unlawful Possession of a Firearm by a Prohibited Person; and Unlawful Reentry after Deportation.

“The victim in this case was faithfully performing his duties when he found himself at the center of an absolute nightmare — fighting for survival in the back of his own car after these callous defendants carjacked, kidnapped, and held the victim at gunpoint for more than thirty minutes,” said U.S. Attorney Alison Ramsdell. “That men and women in law enforcement must face such profound risks to their lives while working to secure community safety is unacceptable and will not be tolerated. These lengthy sentences reflect those principles. Once again, we are grateful to the FBI and numerous other federal, state, local, and tribal law enforcement partners for their unwavering commitment to both this investigation and to the righteous mission we all serve in this community.”

“These sentences reaffirm the FBI’s steadfast commitment to protecting our personnel from acts of violence and intimidation,” said Special Agent in Charge Alvin M. Winston Sr. of FBI Minneapolis. “We extend our gratitude to the USAO-SD and law enforcement partners for their unwavering dedication. Justice has been served, and we continue to stand united against any attempt to endanger our workforce.”

In her sentencing comments, Judge Schreier declared the defendants’ actions among the most horrendous crimes she had seen as a judge.

According to evidence admitted at trial, on May 5, 2022, Alvarez, Morales, and Lopez traveled from Greeley, Colorado, into southwestern South Dakota for the purpose of trafficking and distributing controlled substances, including methamphetamine, fentanyl, and heroin. During their trip, the defendants encountered a South Dakota Highway Patrol Officer and engaged in a high-speed chase. The defendants eluded law enforcement at that time and hid in a remote area near Red Shirt, South Dakota. 

Alvarez, Morales, and Lopez then decided to carjack the next vehicle to come along the area at which the defendants stopped on BIA Highway 41. At approximately 2:00 a.m. on May 6, 2022, a Federal Bureau of Investigation (FBI) Victim Specialist left an unrelated crime scene investigation near Oglala, South Dakota, and began traveling back towards his duty station in Rapid City. The FBI employee was driving his assigned FBI vehicle.

As the employee was heading North on BIA 41 near the Badlands overlook on Cuny Table, he passed a vehicle that was parked in the approach near the overlook. As he passed the parked vehicle, the parked vehicle’s lights turned on and the vehicle pulled out behind the employee. The employee, believing he was being pulled over by law enforcement, pulled his vehicle to the side of the road. After the employee pulled his vehicle over, he next realized there was a male at his window pointing a rifle at him and ordering him to get out of the vehicle. The employee realized that the male, identified as Alvarez, was not a law enforcement officer and also that the vehicle had blocked his own vehicle, preventing him from driving away. 

Morales and Alvarez ordered the FBI employee out of his vehicle at gun point. The employee was ordered to get on the ground behind his vehicle while Alvarez was holding the rifle at the back of his head. The employee was ordered to keep his head down while on the ground. The group then robbed him of his wallet, money, credit cards, car keys, watch, and personal and work mobile phones. 

The FBI employee was then ordered to get up and placed in the middle-rear seat of his government-issued vehicle, as the passenger side seat was blocked with items. While holding the rifle, Alvarez was seated in the front passenger seat of the employee’s vehicle and Morales, while armed with two handguns in his waistband, was seated in the rear driver’s side seat next to the employee. Lopez got into the driver’s seat of the employee’s vehicle. At this point, the defendants took control of the vehicle and took the employee hostage. As the group traveled North on BIA 41, they told the employee to cooperate and he would be safe, but if he did not, the group would come after his family and that they knew where he lived. 

The group traveled to Hermosa, South Dakota, stopping at a gas station at the intersection of State Highway 40 and Highway 79. Once the group arrived at the gas station, Lopez went inside to purchase gas. As she got out of the vehicle to go inside the gas station, Alvarez locked the doors to the employee’s vehicle, and the doors remained locked while Lopez was out of the vehicle. Lopez then came back to the vehicle holding a gas can and zip ties. She entered the vehicle and conducted a U-turn and then went to a gas pump. The FBI employee noticed that after Lopez came back to the vehicle, Alvarez, who was brandishing the firearm, had the zip ties in his possession and was getting them out. As Lopez got out to pump gas, the doors to the vehicle were momentarily unlocked. Seizing the opportunity, the employee opened the rear driver’s side door, fought his way out of the vehicle, slipping out of his jacket to escape Morales' attempts to detain him, and sprinted inside the front doors of the gas station to escape.

The three defendants then fled from the gas station and drove to Rapid City, where they abandoned the FBI vehicle and switched to another vehicle. Alvarez and Morales were able to make it back to Greeley, Colorado, where they were ultimately arrested for their roles in the kidnapping and carjacking. During a search of the residence where Alvarez and Morales were arrested, law enforcement located firearms, including the rifle used during the kidnapping and carjacking, and controlled substances. Lopez was arrested soon afterward.

This case was investigated by the FBI, Department of Homeland Security’s Homeland Security Investigations and Immigration and Customs Enforcement, South Dakota Division of Criminal Investigation, South Dakota Highway Patrol, Oglala Sioux Tribe Department of Public Safety, Rapid City Police Department, Greeley, Colorado Police Department, and the Custer and Pennington County Sheriffs’ Offices. Assistant U.S. Attorneys Jeremy R. Jehangiri and Paige Petersen prosecuted the case.

Alvarez, Morales, and Lopez were remanded to the custody of the U.S. Marshals Service to begin serving their sentences.

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced that a jury has convicted Shane Mousseaux, age 37, of Rosebud, South Dakota, of three counts of Sexual Abuse of a Minor and two counts of Abusive Sexual Contact following a three-day jury trial in federal district court in Sioux Falls, South Dakota. The verdict was returned on April 18, 2024.

The charges for Sexual Abuse of a Minor each carry a maximum penalty of 15 years in federal prison and/or a $250,000 fine, up to life of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. The charges for Abusive Sexual Contact each carry a maximum penalty of two years in federal prison and/or a $250,000 fine, up to life of life of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Mousseaux was indicted by a federal grand jury in November of 2022.

Between August 6, 2020, and June 21, 2022, Mousseaux lived on the Yankton Sioux Reservation with his then-girlfriend and her children. During that time period, Mousseaux engaged in multiple sexual acts with one of his then-girlfriend’s daughter, who was 14-15 years old at the time. Between May 1, 2022, and June 21, 2022, Mousseaux engaged in sexual contact with another one of his then-girlfriend’s daughter, who was 14 years old at the time.

This case was investigated by the FBI and Yankton Sioux Law Enforcement. Assistant U.S. Attorneys Ann M. Hoffman and Paige Petersen prosecuted the case.

A presentence investigation was ordered and a sentencing date has been set for July 19, 2024. The defendant was remanded to the custody of the U.S. Marshals Service.

PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a Winner, South Dakota, man convicted of Third Degree Burglary. The sentencing took place on April 15, 2024.

Anthony Arellano, age 21, was sentenced to time served from his arrest on June 15, 2023, through June 14, 2024, equal to approximately one year in custody, followed by three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. Arellano was further ordered to pay restitution in the amount of $1,665.00.

Arellano was indicted by a federal grand jury in August of 2023. He pleaded guilty on January 8, 2024.

In the early morning hours of June 1, 2023, Arellano broke into a store in Rosebud, South Dakota, and stole several hundred dollars’ worth of merchandise. Arellano was identified on surveillance video from the scene and was arrested at a residence in St. Francis, South Dakota, on June 15, 2023.

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

This matter was prosecuted by the U.S. Attorney’s Office because the Major Crimes Act, a federal statute, mandates that certain violent crimes alleged to have occurred in Indian Country be prosecuted in federal court as opposed to State court.

Arellano was immediately remanded to the custody of the U.S. Marshals Service.

PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a Todd County, South Dakota, man convicted of Sexual Abuse of a Minor and Abusive Sexual Contact. The sentencing took place on April 15, 2024.

Derek Sharpfish, age 33, was sentenced to 20 years in federal prison, followed by five years of supervised release, and ordered to pay a $300 special assessment to the Federal Crime Victims Fund.

Sharpfish was indicted by a federal grand jury in April of 2023. He pleaded guilty on January 2, 2024.

The convictions stem from conduct involving two different victims that occurred between October of 2020 and January of 2023 within the Rosebud Indian Reservation. On multiple instances during that period, Sharpfish engaged in sexual intercourse with a minor female who was between the ages of 13 and 15-years-old. On one occasion during that period, Sharpfish groped an adult female while she was sleeping.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

This matter was prosecuted by the U.S. Attorney’s Office because the Major Crimes Act, a federal statute, mandates that certain violent crimes alleged to have occurred in Indian Country be prosecuted in federal court as opposed to State court.

This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the FBI.  Assistant U.S. Attorney Kirk Albertson prosecuted the case.   

Sharpfish was immediately remanded to the custody of the U.S. Marshals Service.

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Sioux Falls, South Dakota, man, convicted of Illegal Receipt of a Firearm by a Person Under Indictment. The sentencing took place on April 16, 2024, in Sioux Falls, South Dakota.

Lucas Ewald Ahrendt, age 32, was sentenced to two years and three months federal prison, followed by three years of supervised release. He was ordered to pay $100 as a statutorily required special assessment to the Federal Crime Victims Fund.

Ahrendt was indicted for Possession of a Firearm by a Prohibited Person and Illegal Receipt of a Firearm by a Person Under Indictment by a federal grand jury in August of 2023. He pleaded guilty to Illegal Receipt of a Firearm by a Person Under Indictment on January 26, 2024.

In the evening December 26, 2022, in the West 57th area of Sioux Falls, a passerby observed Ahrendt in the front passenger seat of a truck, smoking a marijuana joint while waving a handgun around. That passerby made a report of the concerning behavior to law enforcement who made contact with Ahrendt and located a Glock handgun, loaded with a full magazine and a bullet in the chamber. Marijuana and fentanyl were also located in the vehicle. Ahrendt was prohibited from possessing firearms because he was under indictment for a felony, Possession of a Controlled Substance in Moody County, South Dakota, when he received the firearm.

This case was investigated by Homeland Security Investigations and the Sioux Falls Police Department. Assistant U.S. Attorney Elizabeth Ebert prosecuted the case.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

Ahrendt was remanded to the custody of the U.S. Marshals Service to continue serving his sentence.

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Sioux Falls, South Dakota, man convicted of False Statement to a Financial Institution. The sentencing took place on April 15, 2024.

James Bunker, d/b/a Genuine Builders, Inc., age 53, was sentenced to 21 months in federal prison, followed by three years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100. Bunker has also agreed to repay loans to First State Bank that he received under the Main Street Lending program and to the U.S. Small Business Administration for loans he received under the Economic Injury Disaster Loan program. Bunker has also agreed to forfeit $20,000 in U.S. currency and properties located in Sioux Falls.

Bunker was indicted by a federal grand jury in April of 2021. He pleaded guilty on November 8, 2023.

The conviction stemmed from an incident on January 8, 2021, when Bunker knowingly made a false statement and report for the purpose of influencing the action of American Bank and Trust in connection with an application and loan under the Paycheck Protection Program. Bunker knew that to be eligible for a second draw loan under the Paycheck Protection Program, a 25% revenue reduction must exist in at least one quarter of 2020 as compared to that same quarter of 2019. In order to meet that reduction for Genuine Builders, Inc., Bunker worked with an employee to move certain invoices that had previously been classified as accruing in quarter four of 2020 into quarter three of 2020 in a profit and loss statement. By doing so, Bunker intended to falsely reduce Genuine Builders, Inc.’s reported revenue for quarter four of 2020, which then allowed Genuine Builders, Inc. to illustrate a more than 25% reduction in quarter four of 2020 as compared to quarter four of 2019. Bunker then utilized this information to submit an application to American Bank and Trust on or about January 8, 2021, seeking to obtain a second draw loan under the Paycheck Protection Program for Genuine Builders, Inc. in the amount of $1,318,023.00.

“This sentence sends a strong message that if you lie and cheat to gain access to government funds you will be held accountable, and as in Mr. Bunker’s case, you can go to jail,” said IRS Criminal Investigation (CI) Special Agent in Charge Thomas F. Murdock, St. Louis Field Office. “Along with our law enforcement partners, CI is committed to investigating as many pandemic fraud cases as possible to bring those who misused the programs to justice.”

This case was investigated by the FBI, the IRS, and the U.S. Attorney’s Office. Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.

Bunker was allowed to self-report at a future date.

 

 

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Mount Angel, Oregon, man convicted of Conspiracy to Distribute a Controlled Substance. The sentencing took place on April 15, 2024.

Anthony Romeo Osuna, a/k/a “Romeo”, 25, was sentenced to 10 years in federal prison, followed by five years of supervised release. He was also ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Osuna was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury in December of 2022. He pleaded guilty on January 26, 2024.

Osuna loaded multiple pounds of methamphetamine into hidden compartments in a Nissan Armada in Oregon and had his co-conspirators drive that Armada to Minnesota with the intention of distributing that methamphetamine in Minnesota and South Dakota. During this trip, Osuna remained in Oregon to further sell narcotics. On November 7, 2019, a co-conspirator was arrested after a Worthington, MN, police officer stopped the Nissan Armada and conducted a search of the vehicle, which resulted in the seizure of approximately eleven pounds of methamphetamine in a hidden compartment and two firearms.

This case was investigated by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Worthington Police Department, and the Sioux Falls Police Department. Assistant U.S. Attorney Mark Hodges prosecuted the case.

Osuna was immediately remanded to the custody of the U.S. Marshals Service.

PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a Mission, South Dakota, man convicted of Prohibited Person in Possession of a Firearm. The sentencing took place on April 15, 2024.

Vernon Robert Schmidt, a/k/a Sonny Bob Schmidt, age 38, was sentenced to two years and 11 months in federal prison, followed by three years of supervised release, and ordered to a pay $100 special assessment to the Federal Crime Victims Fund.

Schmidt was indicted by a federal grand jury in August of 2022.  He pleaded guilty on January 16, 2024.

The conviction stems from an incident that occurred on May 18, 2022, near Mission. On that date, law enforcement was looking for Schmidt based on an alleged domestic dispute that occurred earlier in the day at a residence near Mission. Schmidt was subsequently located at a different residence. A loaded 9 mm pistol was found in his possession.

Schmidt has three prior felony convictions in U.S. District Court, District of South Dakota. In 2005, he was convicted of Assaulting, Resisting, and Impeding a Federal Officer; in 2006, he was convicted of Escape; and in 2015, he was convicted of Assault Resulting in Serious Bodily Injury. As a result of these convictions, it is illegal for Schmidt to possess firearms or ammunition.  Schmidt will forfeit ownership of the firearm to the United States.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Kirk Albertson prosecuted the case.   

Schmidt was immediately remanded to the custody of the U.S. Marshals Service.

PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a Mission, South Dakota, man convicted of Failure to Register as a Sex Offender. The sentencing took place on April 15, 2024.

Gary Drum, age 37, was sentenced to 13 months in federal prison, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Drum was indicted for Failure to Register as a Sex Offender by a federal grand jury in December of 2023. He pleaded guilty on February 29, 2024.

On June 22, 2015, Drum was convicted of Abusive Sexual Contact in U.S. District Court, District of Montana. As a result of this conviction, Drum is required to comply with the Sex Offender Registration and Notification Act. In 2022, Drum was ordered to serve a jail sentence after a conviction in Fort Peck Tribal Court. Pursuant to a contract between the Fort Peck Sioux and Asiniboine Tribe and the Rosebud Sioux Tribe, Drum served his sentence at the Rosebud Sioux Tribe Adult Corrections Facility. Drum remained in the area after his release, initially residing at a residence in the North Antelope Community. On at least two separate occasions, Drum was arrested for tribal charges and served additional time in custody. Drum was last released from custody on October 31, 2023, and failed to update his address with the Rosebud Sioux Tribe Sex Offender Registration Office within three business days.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

This case was investigated by the U.S. Marshals Service and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Abby Roesler prosecuted the case.

Drum was immediately remanded to the custody of the U.S. Marshals Service.

 

PIERRE - United States Attorney Alison J. Ramsdell announced that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a Lower Brule, South Dakota, man convicted of two counts of Domestic Assault by an Habitual Offender. The sentencing took place on April 15, 2024.

Isaac Goodface, age 32, was sentenced to four years in federal prison, followed by three years of supervised release, and ordered to pay a $200 special assessment to the Federal Crime Victims Fund. 

Goodface was indicted by a federal grand jury in September of 2023. The defendant changed his plea to guilty on November 30, 2023.

The defendant was convicted of physically assaulting the same victim on two separate occasions in Lyman County, within the Lower Brule Sioux Indian Reservation. In September of 2022, Goodface threw the victim on the ground, strangled her, struck her about the head and face, and prevented her from leaving the residence. In June of 2023, Goodface struck the victim on the face and pointed a gun at her during an argument.

This matter was prosecuted by the U.S. Attorney’s Office because the Major Crimes Act, a federal statute, mandates that certain violent crimes alleged to have occurred in Indian Country be prosecuted in Federal court as opposed to State court.

This case was investigated by the Bureau of Indian Affairs – Office of Justice Services, Lower Brule Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.

Goodface was immediately remanded to the custody of the U.S. Marshals Service.

PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a Dupree, South Dakota man convicted of Failure to Register as a Sex Offender. The sentencing took place on April 15, 2024.

Jayme Lee Rivers, also known as Jayme Lee Two Crow, age 44, was sentenced to eight months in federal prison, four months in a residential re-entry center, five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Rivers was indicted by a federal grand jury in December of 2023. He pleaded guilty on February 29, 2024.

Rivers is required to register as a sex offender under federal law. Rivers had registered a homeless shelter in Rapid City as his primary address. He was kicked out of the shelter in April of 2023. Rivers chose not to update his registration until he moved from Rapid City to Dupree in late August of 2023.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities and measuring the results.

This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Carl Thunem prosecuted the case.

Rivers was immediately remanded to the custody of the U.S. Marshals Service.

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that over the course of 2023, federal, state, tribal, and local law enforcement agencies seized 368 firearms that were possessed in violation of federal law. In the same year, the U.S. Attorney’s Office for the District of South Dakota charged approximately 93 defendants with illegally owning, possessing, using, or obtaining one or more such firearms. 

“Through these firearm seizures, we are confident law enforcement agencies prevented countless violent and drug-related crimes from occurring in communities across South Dakota,” said U.S. Attorney Alison Ramsdell. “The U.S. Attorney’s Office is grateful for the strong law enforcement partnerships in South Dakota, which allow us to combine federal, state, and tribal resources to target some of the most dangerous individuals in our state and remove illegal firearms from our streets.”

Efforts to seize illegal firearms are the result of close cooperation between the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Homeland Security Investigations (HSI), the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the South Dakota Division of Criminal Investigation (DCI), South Dakota State Highway Patrol, and numerous sheriff’s offices and police departments across the state, including Sioux Falls and Rapid City. 

“Illegal firearms trafficking simply cannot be tolerated as it directly fuels violent crime within our communities,” said Special Agent in Charge Travis Riddle, of the St. Paul Field Division. “We at ATF will continue to work closely with our law enforcement partners across South Dakota to pursue these perpetrators of violence. We are grateful for the strong partnerships forged over the years that have led to these impactful investigations. We are also grateful for the U.S. Attorney’s Office here in South Dakota, which has been the essential catalyst in bringing these violent perpetrators to justice.”

“Maintaining strong partnerships within our law enforcement community is incredibly important to ensure successful firearm investigations like these,” said Jamie Holt, Homeland Security Investigations (HSI) St. Paul Special Agent in Charge. “Investigating and prosecuting organizations and individuals involved in these types of crimes results in safer communities with less gun violence.”  

Some of the major firearms-related cases prosecuted by the U.S. Attorney’s Office in 2023 include:

United States v. Sam Boyd—In the fall of 2020, Defendant began obtaining methamphetamine from a co-conspirator in Colorado Springs, Colorado. The Defendant then distributed the methamphetamine to others for distribution. Throughout the conspiracy, Boyd routinely possessed multiple firearms and ammunition, despite being prohibited from doing so due to a prior felony conviction. Boyd proceeded to trial and a jury found him guilty of Conspiracy to Distribute Methamphetamine and Possession of a Firearm and Ammunition by a Prohibited Person. Boyd was sentenced to 23 1/3 years in federal prison. The case was investigated by the DEA, ATF, and Unified Narcotics Enforcement Team.

United States v. Weston Clausen, Jaylen Ducheneaux, and Ford Traversie—Three Defendants burglarized Reloaders Corner, a licensed federal firearm retailer in Isabel in August of 2022. The three Defendants broke into the firearms business after hours and stole 105 firearms, ammunition, and other items. Some of the firearms were then illegally trafficked to other individuals. Several of the stolen firearms have been recovered in various communities in South Dakota, Colorado, and throughout the Midwest. Tragically, one gun was recovered at the scene of a suicide by a 17-year-old teenager. All three Defendants pleaded guilty to Theft of Firearms from a Federal Firearm Licensee and Third-degree Burglary. Traversie was sentenced to 40 months in federal prison; Clausen was sentenced to 10 years in federal prison; and Ducheneaux was sentenced to 12 years in federal prison. All three Defendants were ordered to pay restitution in the amount of $20,188 to the victim for the unrecovered firearms. The case was investigated by the Dewey County Sheriff’s office and the Cheyenne River Sioux Tribe law enforcement, as well as the ATF, BIA, and FBI.

United States v. Travene Tyrone Myers—Defendant was arrested on July 10, 2023, after having been reported of using a firearm to threaten his then girlfriend. When officers searched Myers’ vehicle, they located a fully loaded, semi-automatic pistol under the driver’s seat, which Myers, a previously convicted felon, admitted to possessing. Myers was sentenced to seven years and eight months in federal prison. The case was investigated by HSI, the Sioux Falls Police Department, and ATF.

United States v. Harold Salway, Jr.—Over a 13-month period, Defendant purchased at least 43 firearms, acting as a straw purchaser for many of the transactions. More than a dozen of these firearms later showed up in crimes committed in Rapid City and on the Pine Ridge Reservation, including two homicides, two suicides, and other shots-fired calls. Law enforcement also located several juveniles involved in criminal activity who were found to be in possession of firearms purchased by Salway. He was sentenced to 10 years in federal prison after pleading guilty to unlawful user in possession of a firearm, use of a firearm in relation to a drug trafficking crime, and false statement during the purchase of a firearm. The case was investigated by the ATF and the Rapid City Police Department.

United States v. Antoine Thomas—Defendant was arrested on February 10, 2022, in possession of nearly 550 grams of methamphetamine, 31 grams of M-30 pills containing fentanyl, multiple firearms, and ammunition. Thomas was previously convicted of robbery twice and also illegal possession of a firearm. He pleaded guilty to multiple drug and firearms charges and was sentenced to 20 years in federal prison. The case was investigated by the FBI, ATF, Minnehaha County Sheriff’s Office, and the Sioux Falls Police Department.

This District of South Dakota’s prosecution of illegal firearms is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

 

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Karen E. Schreier has sentenced a Harrison, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance. The sentencing took place on April 15, 2024.

Anita M. Kenyon, 41, was sentenced to 10 years in federal prison, followed by five years of supervised release. She was also ordered to pay a $100 special assessment to the Federal Crime Victims Fund. Her co-conspirator, Deena Lee Rodriguez, 43, of Sacramento, California, was sentenced on May 25, 2023, to eight years and one month in federal prison, followed by five years of supervised release. She was also ordered to pay a $100 special assessment to the Federal Crime Victims Fund. 

Kenyon and Rodriguez were indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury in August of 2022. Rodriguez pleaded guilty on March 14, 2023, and Kenyon pleaded guilty on July 19, 2023.

This conspiracy consisted of Rodriguez obtaining methamphetamine in California, then sending packages containing that methamphetamine in the mail to Kenyon in South Dakota. One of the suspicious drug-laden packages was seized by the U.S. Postal Inspection Service and subsequently searched. Investigators learned that Kenyon and Rodriguez were involved in distributing approximately three quarters of a pound of methamphetamine in this manner.

This case was investigated by the U.S. Postal Inspection Service and the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Mark Hodges prosecuted the case.

Kenyon and Rodriguez were immediately remanded to the custody of the U.S. Marshals Service after their respective sentencings.

PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender. The sentencing took place on April 5, 2024.

Jason Kimmel, age 42, was sentenced to two years and three months in federal prison, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Kimmel was indicted for Failure to Register as a Sex Offender by a federal grand jury in November of 2023. He pleaded guilty on January 11, 2024.

Kimmel was convicted of Sexual Abuse of a Minor on December 12, 2005. As a result of this conviction, Kimmel is required to register pursuant to the Sex Offender Registration and Notification Act. On August 10, 2023, Kimmel registered with the Rapid City Police Department, providing an address in Rapid City as his residence. Kimmel left his registered address on August 28, 2023, and did not update his residence as required. Kimmel remained unregistered until he was arrested in Sioux Falls on September 16, 2023.

This case was investigated by the U.S. Marshals Service and the Sioux Falls Police Department. Assistant U.S. Attorney Abby Roesler prosecuted the case.

Kimmel was immediately remanded to the custody of the U.S. Marshals Service.

PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a Stapleton, Nebraska, man convicted of Involuntary Manslaughter. The sentencing took place on April 5, 2024.

Coenrad Jones, age 22, was sentenced to 18 days custody, followed by supervised release until the time he leaves the United States, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund and $2,100 in restitution.

Jones was indicted for Involuntary Manslaughter by a federal grand jury in October of 2022. He pleaded guilty on January 26, 2024.

Jones, a citizen of South Africa, had obtained a work visa and was employed with a farm in Nebraska. On February 1, 2022, shortly after 7:00 pm, Jones was driving westbound on Highway 18, east of Mission, South Dakota, returning to Nebraska after hauling a load of silage. Jones was operating a Freightliner semi, pulling an empty trailer. A Toyota Sienna was traveling in front of Jones. The Sienna was intending a left-hand turn towards the Sinte Gleska University apartments and was stopped in the roadway, waiting for eastbound traffic to clear. Jones was traveling above the posted speed limit of 45 mph and failed to respond in time to the Sienna in the road. Jones collided with the Sienna and a passenger in the van died as a result of the impact.

This matter was prosecuted by the U.S. Attorney’s Office because the Major Crimes Act, a federal statute, mandates that certain violent crimes alleged to have occurred in Indian Country be prosecuted in Federal court as opposed to State court.

This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the South Dakota Highway Patrol. Assistant U.S. Attorney Abby Roesler prosecuted the case.

 

 

SIOUX FALLS - The United States Attorney’s Office for the District of South Dakota, under the leadership of U.S. Attorney Alison J. Ramsdell, has reported the collection of $1,937,264.31 in criminal fines, restitution, loan defaults, bankruptcy, forfeiture, and affirmative civil enforcement efforts in FY 2023. Of the total collections, $1.5 million was derived from criminal cases. A significant portion of this, precisely $1,100,870.12, was returned to victims of crime, underscoring the Office’s commitment to ensuring justice and support for those victimized by crime. The remainder has been deposited into the Crime Victims Fund, a crucial federal resource that provides financial assistance to crime victims across the United States. This fund aids victims in covering various costs such as medical expenses, lost wages, mental health counseling, and funeral expenses.

“Our mission extends beyond the mere prosecution of criminal offenders,” said U.S. Attorney Ramsdell. “It’s about healing wounds and restoring dignity to those wronged through our dedication to facilitating the financial recovery for victims to the fullest extent possible. Seeing the tangible benefits of these collections for the victims is not just satisfying—it’s a profound reminder of the impact our office can have on the lives of victims seeking justice.”

Additionally, the fiscal year saw substantial collections from civil actions related to delinquent government loans, including those related to education, small businesses, agricultural services, and housing. The enforcement of healthcare fraud and False Claims Act litigation also contributed to these achievements. Notably, in a case of wool subsidy fraud, defendant Howard Aleff was mandated to sell Iowa farmland to satisfy a $1.3 million debt. Meanwhile, the discovery of valuable religious artifacts in a storage unit belonging to former priest Marcin Garbacz led to a unique online auction, recovering over $18,000 for the church he victimized.

These results were achieved through the concerted efforts of the entire team at the U.S. Attorney’s Office, from attorneys who secure criminal restitution and civil judgments to the financial litigation unit responsible for enforcing payment. The use of various enforcement mechanisms, including voluntary payment plans, garnishments, and the sale of seized assets, has been instrumental in these achievements.

The U.S. Attorney’s Office for the District of South Dakota remains committed to upholding the principles of justice and integrity, as demonstrated by the FY 2023 collections. These efforts not only highlight the dedication of the office to its prosecutorial and enforcement responsibilities, but also its unwavering support for the victims whose lives are impacted by violent and financial crimes.

 

RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Rapid City, South Dakota, man convicted of Sex Trafficking by Force, Fraud, or Coercion and Enticement of a Minor Using the Internet. The sentencing took place on April 8, 2024.

Johnny Ray Heath, 52, was sentenced to 40 years in federal prison on each charge, lifetime supervised release, and ordered to pay a $200 special assessment to the Federal Crime Victims Fund and restitution of $3,000 to each of the two victims. The prison sentences are to be served concurrently.

Heath was indicted for the charges by a federal grand jury in March of 2023. He pleaded guilty on December 15, 2023.

Heath was apprehended in January of 2023, when he traveled to a Rapid City parking lot to have sex with who he believed was a 14-year-old girl, when, in reality, the girl was an undercover Homeland Security Investigations Special Agent. Forensic analysis of Heath’s cell phone and other devices also revealed that he coerced his victims into engaging in sex with him by offering and providing them with alcohol, vapes, marijuana, money, and other things of value or to which they were addicted. Heath recorded himself sexually abusing his victims while they were unconscious or highly intoxicated.

“This case demonstrates the impact of undercover sex sting operations conducted by law enforcement in South Dakota,” said U.S. Attorney for the District of South Dakota Alison J. Ramsdell. “The publicity generated by the arrest of Johnny Heath led a local victim to come forward after she learned of his arrest through the media. A second victim disclosed Heath’s abuse of her shortly thereafter. Perpetrators like Heath pose a grave threat to young children in our community, and he has earned every single day of his 40-year sentence.”

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

This case was investigated by the Internet Crimes Against Children Task Force, South Dakota Division of Criminal Investigation, Homeland Security Investigations, Pennington County Sheriff’s Office, and the Rapid City Police Department. Assistant U.S. Attorney Heather Knox prosecuted the case.

Heath was immediately remanded to the custody of the U.S. Marshals Service.

 

RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Rapid City, South Dakota, man convicted of Possession of Child Pornography. The sentencing took place on April 8, 2024.

Titus Amiotte, 23, was sentenced to five years and three months in federal prison, followed by 10 years of supervised release, and ordered to pay $60,694.12 in restitution and a $100 special assessment to the Federal Crime Victims Fund. Amiotte will also be required to register as a sex offender under the Sex Offender Registration and Notification Act.

Amiotte was indicted for Receipt of Child Pornography and Possession of Child Pornography by a federal grand jury in February of 2022. He pleaded guilty on January 8, 2024.

Amiotte was federally indicted following law enforcement authority’s receipt of two Cybertips from the National Center of Missing and Exploited Children reporting suspected child pornography uploads to Google. The South Dakota Internet Crimes Against Children Taskforce executed a search warrant on Amiotte’s residence and later forensically examined a laptop and cell phone that were identified as belonging to Amiotte. The forensic examination of those devices located 86 images and 27 videos of child pornography.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

This case was investigated by Homeland Security Investigations, South Dakota Division of Criminal Investigation, Pennington County Sheriff’s Office, and the Rapid City Police Department. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

Amiotte was immediately remanded to the custody of the U.S. Marshals Service.

PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a Rapid City, South Dakota, man convicted of Failure to Register as a Sex Offender. The sentencing took place on April 5, 2024.

Roy Brushbreaker, III, age 29, was sentenced to 22 months in federal prison, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Brushbreaker was indicted by a federal grand jury in November of 2023.  He pleaded guilty on January 11, 2024.

Brushbreaker was convicted of Abusive Sexual Contact in 2019. As a result of this conviction, he is required to register as a sex offender and to update his registration within three business days of relocation or changing employment. In August of 2023, Brushbreaker began a period of supervised release residing in Rapid City and appropriately registered as a sex offender. In October of 2023, Brushbreaker relocated to Sioux Falls, South Dakota, and did not thereafter update his registration. He was arrested in Sioux Falls on November 14, 2023. 

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

This case was investigated by the U.S. Marshals Service.  Assistant U.S. Attorney Kirk Albertson prosecuted the case.

Brushbreaker was immediately remanded to the custody of the U.S. Marshals Service.  

RAPID CITY - United States Attorney Alison J. Ramsdell announced that a jury has convicted Janine Faye Good Lance, age 44, of Pine Ridge, South Dakota of two counts of Involuntary Manslaughter following a three-day jury trial in federal district court in Rapid City, South Dakota. The verdict was returned on April 11, 2024.

The charges carry a maximum penalty of eight years in custody and/or a $250,000 fine, three years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.

Good Lance was indicted by a federal grand jury in March of 2023.

Evidence at trial established that Good Lance operated a motor vehicle on November 18, 2022, while under the influence of alcohol. She drove off the road and rolled multiple times killing the two passengers in her vehicle. Good Lance’s BAC was between .105 and .125 at the time of the crash.

This case was investigated by the Oglala Sioux Tribe Department of Public Safety and the FBI. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

A presentence investigation was ordered and a sentencing date will be scheduled.

RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Pine Ridge, South Dakota, man convicted of Attempted Enticement of a Minor Using the Internet. The sentencing took place on April 8, 2024.

Bert Roy Cottier, 58, was sentenced to 10 years in federal prison, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. Cottier will also be required to register as a sex offender under the Sex Offender Registration and Notification Act.

Cottier was indicted for Attempted Sexual Exploitation of a Minor, Attempted Enticement of a Minor Using the Internet, Attempted Receipt of Child Pornography and Attempted Transfer of Obscene Material to a Minor by a federal grand jury in November of 2023. He pleaded guilty on January 10, 2024.

Cottier was arrested and federally indicted after attempting to entice two undercover law enforcement agents posing as 13- and 14-year-old females. Cottier sent the undercover agents multiple sexually explicit messages and obscene matter between March of 2023 and October of 2023.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

This case was investigated by Homeland Security Investigations, South Dakota Division of Criminal Investigation, Pennington County Sheriff’s Office, and the Rapid City Police Department. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

Cottier was immediately remanded to the custody of the U.S. Marshals Service.

RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Manderson, South Dakota, man convicted of Assault Resulting in Substantial Bodily Injury to an Intimate Partner and Tampering with a Witness. The sentencing took place on April 8, 2024.

Cruz Gibbons, 28, was sentenced to seven years in federal prison for the Tampering conviction, and five years in federal prison—the statutory maximum—for the Assault conviction, followed by three years of supervised release. The sentences were ordered to run concurrently. Gibbons was also ordered to pay a $200 special assessment to the Federal Crime Victims Fund.

Gibbons was indicted for Assault Resulting in Substantial Bodily Injury to an Intimate Partner, Distribution of a Controlled Substance to an Individual Under 21 and Tampering with a Witness by a federal grand jury in October of 2023. He pleaded guilty on January 12, 2024.

The convictions stem from Gibbons beating his former girlfriend in August of 2023, which caused her substantial bodily injury. After being arrested, Gibbons contacted the victim hundreds of times from the jail and persuaded her to refuse to testify. Notwithstanding Gibbons’ efforts to thwart the investigation and case, investigators successfully assembled a case against Gibbons, leading to his guilty pleas and sentencing. 

This matter was prosecuted by the U.S. Attorney’s Office because the Major Crimes Act, a federal statute, mandates that certain violent crimes alleged to have occurred in Indian Country be prosecuted in Federal court as opposed to State court.

This case was investigated by the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Anna Lindrooth prosecuted the case.

Gibbons was immediately remanded to the custody of the U.S. Marshals Service.

RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Ft. Thompson, South Dakota, man convicted of eight counts of Sexual Abuse of a Minor, two counts of Abusive Sexual Contact, two counts of Sexual Exploitation of a Minor, Attempted Receipt of Child Pornography, and Tampering with a Witness. The sentencing took place on April 8, 2024.

Loren Goodlow, 34, was sentenced to 40 years in federal prison, followed by eight years of supervised release, and was ordered to pay a $1,400 special assessment to the Federal Crime Victims Fund.

Goodlow was indicted by a federal grand jury in April of 2023. He was found guilty following a three-day jury trial in December of 2023. 

The conviction stems from Goodlow engaging in sexual acts with two minor females on the Pine Ridge Reservation on March 18, 2023. Goodlow also enticed one of the minors in December of 2022 and engaged in sexual acts with the minor between December 26, 2022, and January 16, 2023. After the minor disclosed Goodlow’s behavior in March of 2023, Goodlow attempted to tamper with one of the witnesses. The investigation also revealed that on December 8, 2021, Goodlow enticed another minor female and attempted to receive child pornography.

This matter was prosecuted by the U.S. Attorney’s Office because the Major Crimes Act, a federal statute, mandates that certain violent crimes alleged to have occurred in Indian Country be prosecuted in Federal court as opposed to State court.

This case was investigated by the FBI. Assistant U.S. Attorney Anna Lindrooth prosecuted the case.

Goodlow was immediately remanded to the custody of the U.S. Marshals Service.

RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Corpus Christi, Texas, man convicted of Conspiracy to Distribute a Controlled Substance. The sentencing took place on March 29, 2024.

Darius Neal, 24, was sentenced to 18 months in federal prison, followed by three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Neal was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury in September of 2022. He pleaded guilty on March 29, 2024.

Beginning in September of 2020 and continuing until his arrest in October of 2022, Neal and five other co-conspirators knowingly conspired and agreed with each other to intentionally distribute cocaine. The conspiracy reached from Corpus Christi, Texas, to Spearfish, South Dakota. Cocaine was shipped through the U.S. Postal Service to South Dakota for the purposes of sale and distribution in South Dakota. 

The Spearfish Police Department and the Unified Narcotics Enforcement Team conducted the investigation of the conspiracy. Assistant U.S. Attorney Brian J. Murphy prosecuted the case.

Neal was immediately remanded to the custody of the U.S. Marshals Service.

 

 

RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Corpus Christi, Texas, man convicted of Conspiracy to Distribute a Controlled Substance. The sentencing took place on March 29, 2024.

Kevin Jarero, 23, was sentenced to 10 years in federal prison, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Jarero was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury in September of 2022. He pleaded guilty on March 29, 2024.

Beginning in September of 2020 and continuing until his arrest in October of 2022, Jarero and five other co-conspirators knowingly conspired and agreed with each other to intentionally distribute cocaine. The conspiracy reached from Corpus Christi, Texas, to Spearfish, South Dakota. Cocaine was shipped through the U.S. Postal Service to South Dakota for the purposes of sale and distribution in South Dakota. 

The Spearfish Police Department and the Unified Narcotics Enforcement Team conducted the investigation of the conspiracy. Assistant U.S. Attorney Brian J. Murphy prosecuted the case.

Jarero was immediately remanded to the custody of the U.S. Marshals Service.

RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Spearfish, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance. The sentencing took place on March 29, 2024.

Erasmo Briseno, 32, was sentenced to 18 months in federal prison, followed by three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Briseno was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury in September of 2022. He pleaded guilty on March 29, 2024.

Beginning in September of 2020 and continuing until his arrest in October of 2022, Briseno and five other co-conspirators knowingly conspired and agreed with each other to intentionally distribute cocaine. The conspiracy reached from Corpus Christi, Texas, to Spearfish, South Dakota. Cocaine was shipped through the U.S. Postal Service to South Dakota for the purposes of sale and distribution in South Dakota. 

The Spearfish Police Department and the Unified Narcotics Enforcement Team conducted the investigation of the conspiracy. Assistant U.S. Attorney Brian J. Murphy prosecuted the case.

Briseno was immediately remanded to the custody of the U.S. Marshals Service.

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Sioux Falls, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person. The sentencing took place on April 1, 2024, in Sioux Falls, South Dakota.

Timothy Joseph Cervantez, age 23, was sentenced to two years and nine months in federal prison, followed by three years of supervised release. He was ordered to pay $100 as a statutorily required special assessment to the Federal Crime Victims Fund.

Cervantez was indicted for Possession of a Firearm by a Prohibited Person by a federal grand jury in August of 2023. He pleaded guilty on January 11, 2024.

The conviction stems from an incident on June 10, 2023, when law enforcement received a report that an individual had discharged a firearm from the passenger window of a moving vehicle while traveling through a Sioux Falls neighborhood. When officers located the subject vehicle, a pursuit ensued, first by vehicle and later by foot. Officers eventually apprehended Cervantez and located a firearm he discarded while fleeing on foot. Cervantez admitted to possessing the firearm despite being prohibited due to a prior felony conviction.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. 

This case was investigated by the Bureau of Alcohol, Tobacco, and Firearms and the Sioux Falls Police Department. U.S. Attorney Alison J. Ramsdell prosecuted the case.

Cervantez was remanded to the custody of the U.S. Marshals Service to continue serving his sentence. 

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Sioux Falls, South Dakota, man convicted of Wire Fraud. The sentencing took place on April 1, 2024.

Joshua Booth, age 27, was sentenced to 18 months in federal prison, followed by three years of supervised release, and ordered to pay a special assessment to the Federal Crime Victims Fund in the amount of $100.

Booth was indicted by a federal grand jury in August of 2023. He pleaded guilty on January 10, 2024.

The conviction stemmed from an incident in May of 2021, when Booth fraudulently submitted an application for a Paycheck Protection Program (“PPP”) loan on behalf of his purported business through Fountainhead, a third-party participating lender in the PPP. In support of his application, Booth submitted a fraudulent Schedule C, an Internal Revenue Service form for profit or loss from a business, for “Booth cleaning service,” located in Sioux Falls, South Dakota. The business did not exist and the form contained false statements, which Booth knew were false, including the gross income of the purported business. As a result of Booth’s false and fraudulent application and supporting documentation, Booth received a PPP loan in the amount of $20,833 and then used the funds for his own purposes.

This case was investigated by the Department of Homeland Security – Homeland Security Investigations. Assistant U.S. Attorney Ann M. Hoffman prosecuted the case.

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

Booth was immediately remanded to the custody of the U.S. Marshals Service.

 

 

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced two Sioux Falls, South Dakota, men convicted of Making a False Statement in the Acquisition of a Firearm and Possession of a Firearm by a Prohibited Person.

Andrew Robert Gordon, age 38, and Deandre Arnell Burnett, age 23, were indicted for Making a False Statement in the Acquisition of a Firearm and Possession of a Firearm by a Prohibited Person by a federal grand jury in December of 2022. Each defendant pleaded guilty in 2023.

Burnett was sentenced on August 14, 2023, in Sioux Falls, for Possession of a Firearm by a Prohibited Person and ordered to serve three years and one month in federal prison, followed by three years of supervised release. He was ordered to pay $100 as a statutorily required special assessment to the Federal Crime Victims Fund.

Gordon was sentenced on March 25, 2024, in Sioux Falls, for Making a False Statement in the Acquisition of a Firearm and ordered to serve three years of probation. He was ordered to pay $100 as a statutorily required special assessment to the Federal Crime Victims Fund.

In September of 2022, Burnett, a convicted felon, sought to purchase a firearm. Gordon agreed to purchase a firearm for Burnett at a premium. The entire transaction was captured on surveillance video of Burnett and Gordon at a licensed federal firearms business in Sioux Falls. Burnett picked out a gun, counted out and handed Gordon the cash, Gordon made the purchase of the firearm, then Gordon handed Burnett the firearm once they both exited the store. This transaction is commonly referred to as a “straw purchase.”

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

This case was investigated by Bureau of Alcohol, Tobacco, Firearms and Explosives, the Minnehaha County Sheriff’s Department, and the Sioux Falls Police Department. Assistant U.S. Attorney Elizabeth Ebert prosecuted the case.

Burnett was remanded to the custody of the U.S. Marshals Service to continue serving his sentence.

RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. Magistrate Judge Daneta L. Wollmann has sentenced a Rapid City, South Dakota, man convicted of Assault on a Federal Officer, a misdemeanor crime. The sentencing took place on April 3, 2024.

Shadrach Franklin Howie, 40, was sentenced to three years of probation, 100 hours of community service, a $2,500 fine, and ordered to pay a $25 special assessment to the Federal Crime Victims Fund.

Howie was indicted for Assault on a Federal Officer by a federal grand jury in July of 2023. He pleaded guilty on January 5, 2024.

The conviction stems from Howie resisting and impeding a park ranger on February 2, 2021. At the time, the ranger was trying to take Howie into custody after a high-speed pursuit through Wind Cave National Park.

This case was investigated by the National Park Service. Assistant U.S. Attorney Anna Lindrooth prosecuted the case.

RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Porcupine, South Dakota, man convicted of Involuntary Manslaughter and Assault Resulting in Serious Bodily Injury. The sentencing took place on March 29, 2024.

Robert Cottier, 65, was sentenced to two eight-year terms in federal prison, to run concurrently, followed by three years of supervised release, and ordered to pay a $200 special assessment to the Federal Crime Victims Fund and restitution. Eight years is the statutory maximum for involuntary manslaughter.

Cottier was indicted for Involuntary Manslaughter and four counts of Assault Resulting in Serious Bodily Injury by a federal grand jury in May of 2023. He pleaded guilty on January 3, 2024.

The convictions stem from Cottier operating a motor vehicle on February 18, 2023, while under the influence of alcohol, causing a head-on collision with another vehicle. The collision killed one man and injured four others, three of which were minors. Cottier’s BAC was approximately between .128% and .198% at the time of the collision.

This matter was prosecuted by the U.S. Attorney’s Office because the Major Crimes Act, a federal statute, mandates that certain violent crimes alleged to have occurred in Indian Country be prosecuted in Federal court as opposed to State court.

This case was investigated by the FBI and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Anna Lindrooth prosecuted the case.

Cottier was immediately remanded to the custody of the U.S. Marshals Service.

RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Pine Ridge, South Dakota, man convicted of Assault on a Federal Officer. The sentencing took place on March 29, 2024.

Gregory Wayne Brewer, Jr., 25, was sentenced to two years and eleven months in federal prison, followed by three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Brewer was indicted for Assault on a Federal Officer by a federal grand jury in October of 2023. He pleaded guilty on January 5, 2024.

The conviction stems from Brewer assaulting an Oglala Sioux Tribe Department of Public Safety officer after the officer had arrested him for an unrelated matter.

This case was investigated by the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Anna Lindrooth prosecuted the case.

Brewer was immediately remanded to the custody of the U.S. Marshals Service.

 

 

PIERRE - United States Attorney Alison J. Ramsdell announced that a jury has convicted Dawn Eagle Feather Floyd, age 45, of Sparks, Nevada, of Conspiracy to Distribute a Controlled Substance and Possession with Intent to Distribute a Controlled Substance following a four-day jury trial in federal district court in Pierre, South Dakota. The verdict was returned on March 29, 2024.

The charges carry a mandatory minimum term of five years in federal prison and a maximum penalty of 40 years in federal prison and/or a $5,000,000 fine, at least four years up to life of supervised release, and a $200 special assessment to the Federal Crime Victims Fund.

Floyd was indicted by a federal grand jury in August of 2020. A superseding indictment was filed in May of 2023.

Between January 1, 2019, and January 1, 2020, Floyd, knowingly and intentionally, agreed with others to distribute and possess with intent to distribute 50 grams or more of methamphetamine on the Rosebud Sioux Indian Reservation. Floyd conspired with others to travel to Colorado where she obtained methamphetamine and brought it back to her home in Valentine, Nebraska, and then onto the Rosebud Reservation for distribution.  Law enforcement recovered over 120 grams from Floyd’s residence, vehicle, and person during the investigation.

This case was investigated by the FBI, the Rosebud Sioux Tribe Law Enforcement Services, the Northern Plains Safe Trails Drug Enforcement Task Force, and the Valentine Police Department. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.

A presentence investigation was ordered and a sentencing date was set for June 24, 2024. The defendant was remanded to the custody of the U.S. Marshals Service.

PIERRE - United States Attorney Alison J. Ramsdell announced today that Tyson Quigley, a/k/a Tyson Stands, age 35, of St. Francis, South Dakota, was found guilty of Prohibited Person in Possession of a Firearm following a federal jury trial in Pierre, South Dakota. The verdict was returned on April 4, 2024.

The charge carries a maximum sentence of 10 years in federal prison, and/or a $250,000 fine, three years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Quigley was indicted by a federal grand jury in February of 2023. The conviction stems from an incident that occurred on January 1, 2023, in Todd County, South Dakota. On that date, law enforcement was searching for Quigley based on an alleged home invasion that occurred that morning in St. Francis. Quigley was subsequently located in a parked vehicle at a residence near St. Francis. A .40 caliber pistol was found in the vehicle where he was sitting.

Quigley has three prior felony convictions. In 2013, he was convicted of Domestic Assault of a Pregnant Woman in Platte County, Nebraska. In 2018, he was convicted of Felon in Possession of a Firearm in U.S. District Court for the District of South Dakota. In 2019, he was convicted of Possession of Methamphetamine in Madison County, Nebraska. As a result of these convictions, it is illegal for Quigley to possess firearms or ammunition. Quigley will forfeit ownership of the firearm to the United States.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms and Explosives.  Assistant U.S. Attorney Kirk Albertson prosecuted the case.   

A presentence investigation was ordered, and a sentencing date has not been set. Quigley was remanded to the custody of the U.S. Marshals Service pending sentencing.

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced that a joint online sex crimes operation, which ran from March 7, 2024, through March 12, 2024, has concluded with the arrest of 11 individuals. The operation was conducted by Homeland Security Investigations, the Internet Crimes Against Children Task Force, South Dakota Division of Criminal Investigation, Sioux Falls Police Department, Watertown Police Department, Tea Police Department, Rapid City Police Department, Minnehaha County Sheriff’s Office, Lincoln County Sheriff’s Office, and the South Dakota Highway Patrol.

As a result, the following individuals from Sioux Falls, South Dakota, were arrested and federally charged with Attempted Enticement of a Minor Using the Internet:

• Kyle Dean Bult, age 38;
• Kalvin Michael Frankus, age 37;
• Hunter Hill, age 22;
• Stacy Shannon Hoover, age 56;
• Ryan Nigro, age 32;
• Jorge Manual Rodriguez-Marroquin, age 47;
• Dylan Ryan, age 24;
• Gerber David Santos Gonzalez, age 25;
• William Danery Sebastian, age 33;
• Southy Thepmontry, age 69; and
• Carter Lee Tyree, age 20.

The mandatory minimum penalty upon conviction is 10 years and a maximum of life in federal prison and/or a $250,000 fine. The charges are merely accusations, and all Defendants are presumed innocent until and unless proven guilty. 

“This operation demonstrates the unsettling reality that here in our own communities, there are individuals using the Internet to target young girls and boys for sex,” said U.S. Attorney Alison Ramsdell. “We are grateful to our federal, state, and local law enforcement partners, who regularly collaborate to safeguard children across South Dakota. May it serve as a stark reminder to parents, guardians, and caretakers that the Internet can be a very dangerous place for children, particularly when their activity is left unmonitored.”

“Homeland Security Investigations (HSI) agents work tirelessly to protect children from exploitation,” said Jamie Holt, HSI St. Paul Special Agent in Charge. “This successful online sex crimes operation shows the threat child predators pose in our communities and the importance of working hand-in-hand with our local, state, and federal law enforcement partners to bring individuals and networks who prey on vulnerable populations to justice.”

The cases are being prosecuted by Assistant U.S. Attorneys Jeffrey C. Clapper and Elizabeth A. Ebert.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

 

 

RAPID CITY - United States Attorney Alison J. Ramsdell announced that a jury has convicted Julian Bear Runner, age 38, of Pine Ridge, South Dakota, of six counts of Wire Fraud, one count of Larceny, and one count of Embezzlement and Theft from an Indian Tribal Organization following a three-day jury trial in federal district court in Rapid City, South Dakota. The verdict was returned on April 4, 2024.

The charges carry a maximum penalty of 20 years in custody and/or a $250,000 fine, three years of supervised release, and a $800 special assessment to the Federal Crime Victims Fund. 

Bear Runner was indicted by a federal grand jury in September of 2022. 

Between January of 2019 and January of 2020, at Pine Ridge, Bear Runner, while acting in his capacity as President of the Oglala Sioux Tribe, fraudulently submitted travel vouchers for official business travel and received payment for travel that he was not entitled to as he was not actually traveling. The evidence at trial showed that Bear Runner submitted multiple travel authorizations to different locations outside South Dakota, including New Mexico, Montana, Ohio, North Carolina, New York, and Arizona, claiming the need to travel for official business. As a result of those travel authorizations, Bear Runner received thousands of dollars in advance travel payments but did not go on the travel. Instead, Bear Runner cashed the checks at a casino, gambled, and stayed in local hotels.

“When government leaders abuse positions of power for personal financial gain, it’s the public that pays the price,” said Alison J. Ramsdell, U.S. Attorney for the District of South Dakota. “In this case, Julian Bear Runner stole more than $80,000 from the Oglala Sioux Tribe, embezzling money that could have otherwise been used to improve life for those living throughout the Pine Ridge Reservation. We are grateful to our partners at the U.S. Department of Health and Human Services, Office of Inspector General, and the FBI for conducting a fulsome investigation of Bear Runner’s fraudulent activities and helping us secure today’s swift verdict.”

“HHS-OIG, along with our law enforcement partners, is committed to holding government leaders accountable,” said Linda Hanley, Special Agent in Charge at the Department of Health and Human Services, Office of Inspector General. “This official violated the trust of his duties by exploiting tribal funds for personal pursuits. HHS-OIG is committed to ensuring that all government funds are used for their intended purposes.”  

This case was investigated by the Department of Health and Human Services, Office of Inspector General, and the FBI. Assistant U.S. Attorneys Benjamin Patterson and Megan Poppen prosecuted the case.

A presentence investigation was ordered, and a sentencing date will be scheduled. The defendant was remanded to the custody of the U.S. Marshals Service.

This case was brought pursuant to the Guardians Project, a federal law enforcement initiative to coordinate efforts between participating agencies, to promote citizen disclosure of public corruption, fraud, and embezzlement involving federal program funds, contracts, and grants, and to hold accountable those who are responsible for adversely affecting those living in South Dakota’s Indian country communities. The Guardians Project is another step of federal law enforcement’s on-going efforts to increase engagement, coordination, and positive action on behalf of tribal communities. Led by the U.S. Attorney’s Office, the participating agencies include: the FBI; the Offices of Inspector General for the Departments of Interior, Health and Human Services, Social Security Administration, Agriculture, Transportation, Education, Justice, and Housing and Urban Development; IRS Criminal Investigation; U.S. Postal Inspection Service; and the U.S. Postal Service, Office of Inspector General.

For additional information about the Guardians Project, please contact the U.S. Attorney’s Office at (605) 330-4400.  To report a suspected crime, please contact law enforcement at the federal agency’s locally listed telephone number.

 

 

 

RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Karen E. Schreier has sentenced a Kyle, South Dakota, man convicted of Possession of Ammunition by a Prohibited Person. The sentencing took place on March 27, 2024.

Evan Brown Bull, 38, was sentenced to two years and nine months in federal prison and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Brown Bull was found guilty following a two-day jury trial in federal district court in Rapid City, South Dakota, in January of 2024.

The conviction stems from Brown Bull, a previously convicted felon, being found in possession of 11 rounds of Black Hills Ammunition brand, .380 AUTO caliber ammunition, 49 rounds of Blazer brand, 9x19mm Luger ammunition, and 49 rounds of PMC brand, .38 Special caliber ammunition.  Because Brown Bull is a previously convicted felon, he is prohibited from possessing ammunition.  The ammunition was found after Brown Bull came into contact with Rapid City law enforcement during a traffic stop in March of 2022.

This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.

This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Rapid City Police Department. Assistant U.S. Attorney Anna Lindrooth prosecuted the case.

Brown Bull was immediately remanded to the custody of the U.S. Marshals Service.

PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a Wolf Point, Montana, man convicted of Assaulting, Resisting, and Impeding a Federal Officer. The sentencing took place on March 18, 2024.

Marcus Cloke, age 19, was sentenced to nine years in federal prison, followed by three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Cloke was indicted for Assaulting, Resisting, and Impeding a Federal Officer by a federal grand jury in May of 2023. He pleaded guilty on December 7, 2023.

As part of an inmate exchange agreement, Cloke was transferred to the Rosebud Sioux Tribe Adult Corrections Facility in Mission, South Dakota, from the Fort Peck Adult Correctional Facility in Poplar, Montana. The defendant was serving a sentence after being convicted in Fort Peck Tribal Court. On May 6, 2023, the defendant was housed in the disciplinary unit refusing to go to his individual cell. A correctional officer entered the unit to speak to the defendant. Rather than going back to his cell, the defendant struck the officer in the face and a struggle ensued, with the defendant continuing to throw punches at the officer. The officer wrestled the defendant to the floor to gain control. The defendant, however, was able to grab the officer’s baton and struck the officer in the head numerous times. As the two continued to wrestle, the defendant was able to gain an advantage and position himself on top of the officer. The defendant then used his fists to strike the officer in the face and body. The officer had significant swelling to his right eye, lacerations to his lip, forehead, and scalp, and bruising to his tongue, left ear, and right jaw. The officer received staples for his scalp laceration and sutures for his forehead laceration.

This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Rosebud Sioux Tribe Adult Corrections Facility. Assistant U.S. Attorney Abby Roesler prosecuted the case.

Cloke was immediately remanded to the custody of the U.S. Marshals Service.

 

 

RAPID CITY - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange has sentenced a Saskatchewan, Canada, man convicted of Possession of Child Pornography. The sentencing took place on March 15, 2024.

Benjamin Martin Moore, 52, was sentenced to four years and four months in federal prison, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. Moore will be required to register as a sex offender under the Sex Offender Registration and Notification Act.

Moore was indicted for Possession of Child Pornography and Transporting Illegal Aliens by a federal grand jury in August of 2022. He pleaded guilty on December 13, 2023.

On August 9, 2022, Moore illegally entered the United States with his significant other and her two minor children. It was believed Moore fled Canada likely to escape potential prosecution and removal of the children from their custody. Moore had entered the United States by cutting a barbed wire fence near Turner, Montana. An Amber Alert was issued, and it was reported that Moore had been working as a security guard at a campground in Meade County, South Dakota. Agents responded to the campground and were able to locate Moore attempting to flee with his significant other and her minor children. Agents were able to stop Moore and upon his arrest located a cell phone and SIM card in his possession. A forensic examination of the phone revealed he was in possession of images and videos of child pornography.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

This case was investigated by Homeland Security Investigations, South Dakota Division of Criminal Investigation, South Dakota Internet Crimes Against Children Task Force, Meade County Sheriff’s Office, Royal Canadian Mounted Police, Havre Sector Border Patrol, and the Canadian Child Protective Services. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

Moore was immediately remanded to the custody of the U.S. Marshals Service.