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 Lawrence, Kansas, man convicted of Assaulting, Resisting, and Impeding a Federal Officer. The sentencing took place on May 8, 2023.

Preston Yankton, 36, was sentenced to time served of approximately 15 months in custody, followed by three years of supervised release, and ordered to pay $100 special assessment to the Federal Crime Victims Fund.

Yankton was indicted for Assaulting, Resisting, and Impeding a Federal Officer by a federal grand jury in December of 2021. He pleaded guilty on February 6, 2023.

In the early morning hours of November 7, 2021, Yankton was booked into the Rosebud Sioux Tribe Adult Corrections Facility and engaged in destructive, unsanitary behavior while in a cell. Corrections staff determined Yankton should be placed in a restraint chair. Yankton was non-compliant with initial commands that were given through the door and corrections staff entered Yankton’s cell. Yankton remained non-compliant with the commands and became combative. During the struggle, Yankton swung a closed fist and struck one of the corrections officers in the nose. Yankton swung again and struck another corrections officer in the jaw area. Neither corrections officer sustained serious injuries from the assault.

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

Yankton was released to begin his term of supervised release in Kansas.

PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a St. Francis, South Dakota, man convicted of Failure to Register as a Sex Offender. The sentencing took place on May 8, 2023.

Brady Makes Room For Them, 38, was sentenced to two 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.

Makes Room For Them was indicted for Failure to Register as a Sex Offender by a federal grand jury in June of 2022. He pleaded guilty on February 2, 2023.

Makes Room For Them was convicted of Abusive Sexual Contact on September 20, 2005. As a result of this conviction, he is required to register as a sex offender and update his registration within three business days of relocation or changing employment or student status. Makes Room For Them last registered in November of 2021, providing an address in Rapid City, South Dakota. Investigation revealed that Makes Room For Them never resided at his registered address in Rapid City. His whereabouts were unknown until he was located by the Rosebud Sioux Tribe Law Enforcement Services in Rosebud, South Dakota, on January 27, 2022.

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, the Rapid City Police Department, and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Abby Roesler prosecuted the case.

Makes Room For Them 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 Sapulpa, Oklahoma, man convicted of Failure to Register as a Sex Offender and Possession of Contraband by Inmate. The sentencing took place on May 8, 2023.

Charles Nathaniel Graves, age 37, was sentenced to 3.5 years in federal prison, followed by five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $200.

Graves was indicted by a federal grand jury in July of 2021 for Failure to Register as a Sex Offender. Graves was also indicted in August of 2022 for Possession of Contraband by Inmate. He pleaded guilty on July 8, 2022, for the first charge and he pleaded guilty on March 31, 2023, on the second charge.

The conviction for the Failure to Register as a Sex Offender charge stems from Graves failing to register as a sex offender as required by federal law between September 1, 2019, and July 7, 2021. Graves had previously been convicted of a sex offense in State court which requires him to register for 25 years upon his release.

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.

The second conviction stems from an incident on March 25, 2022, when Graves, who was in federal custody at the Yankton County Jail in Yankton, South Dakota, was granted a furlough to attend a funeral. Upon his return, Graves was told he would be submitted to a full-body scan. Before the scan could occur, Graves removed a small package that he had inserted into his rectum that contained methamphetamine. He left the package in the room, but it was found by correctional officers and seized as evidence. The package was field-tested and was positive for approximately 5.26 grams of methamphetamine.

This case was investigated by the U.S. Marshals Service and the Yankton County Sheriff’s Office. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.

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

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced that a jury has convicted Salvador Madrigal Jr. (age 41) and Anahi Plascencia Cardona (age 33), both of Sioux Falls, South Dakota, following a four-day long jury trial in federal district court in Sioux Falls. Both defendants were convicted of one count of Conspiracy to Distribute a Controlled Substance and one count of Conspiracy to Launder Monetary Instruments. The verdicts were returned on May 5, 2023.

The charge of Conspiracy to Distribute a Controlled Substance carries a mandatory minimum sentence of 10 years in prison and a maximum penalty of life in custody and/or a $10,000,000 fine, five years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.  The charge of Conspiracy to Launder Monetary Instruments carries a maximum penalty of twenty years in custody and/or a $500,000 fine, three years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. 

Madrigal Jr. and Plascencia Cardona were indicted by a federal grand jury in July of 2021. 

Salvador Madrigal Jr., and his wife Anahi Plascencia Cardona, were leaders of a South Dakota drug cell that was responsible for trafficking hundreds of pounds of methamphetamine into South Dakota from California and Mexico. The husband-and-wife team worked with other members of the conspiracy, including some of their family members, who have previously been charged and convicted, to aid in the transportation and distribution of well over one hundred pounds of methamphetamine and hundreds of thousands of dollars.

Madrigal Jr. recruited his aunt, Maria Magana Zavala, and her husband William Hartwick, to make multiple trips to and from California to transport methamphetamine, marijuana, and money, promising them that this endeavor would be prosperous. Magana Zavala and Hartwick were instead sentenced to 70 months in custody for their involvement in the conspiracy. Madrigal Jr. also recruited his younger brother, Oscar Madrigal, to aid in the organization’s activities. Oscar Madrigal was sentenced to 120 months in custody for Conspiracy to Distribute a Controlled Substance in July of 2022. Madrigal Jr. also involved his mother, Rosa Madrigal, in the money laundering conspiracy by arranging to have her make multiple deposits of cash into multiple institutions, to launder the proceeds of his drug trafficking organization. Rosa Madrigal was sentenced to 60 months in custody for Conspiracy to Launder Monetary Instruments in August of 2022. Multiple other co-conspirators who were responsible for the sub-distribution of these drugs have also been charged and sentenced in federal court.  

This case was investigated by the Drug Enforcement Administration, Internal Revenue Service Criminal Investigations, and the Sioux Falls Area Drug Task Force. Assistant U.S. Attorney Mark Hodges prosecuted the case alongside Special Assistant U.S. Attorney Elizabeth Ebert, who also serves as a prosecutor with the South Dakota Attorney General’s Office.

Presentence investigations were ordered, and sentencing dates for each defendant will be set in the future. The defendants were both remanded to the custody of the U.S. Marshals Service.

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced that today, May 9, is National Fentanyl Awareness Day.

One year ago, on the first National Fentanyl Awareness Day, the Drug Enforcement Administration (DEA) opened the Faces of Fentanyl exhibit at DEA Headquarters—a wall that displays the photos of those who have lost their lives to fentanyl poisoning. The memorial started with 100 photos; over the past year, Americans from across the country have sent DEA more than 5,000 photos. It reflects the reality that fentanyl is killing Americans from all walks of life, in every state and community in this country. The youngest person on the wall is 17-months old. The oldest is 70 years old. 

“Fentanyl is the greatest threat to Americans today. It kills more Americans between the ages of 18 to 45 than terrorism, than car accidents, than cancer, than COVID. It kills nearly 200 Americans every day. And the number of children under 14 dying from fentanyl poisoning has increased at an alarming rate,” said DEA Administrator Anne Milgram. “The two drug cartels responsible for bringing fentanyl into the United States—the Sinaloa and Jalisco cartels—are intentionally driving addiction by selling fake pills and hiding fentanyl in other drugs, and they are reaching our kids through using social media platforms. I encourage you to use this day to talk to your families about the dangers of fentanyl and have an important conversation with your kids about who they are communicating with on social media.”

DEA urges the public to be vigilant about fentanyl and the deadly threat it poses:

• Fentanyl is a synthetic opioid that is approximately 50 times more potent than heroin and 100 times more potent than morphine. Just two milligrams—the equivalent of a few grains of salt—can kill a person.
• Fentanyl comes in two forms: pills and powder. The Sinaloa and Jalisco cartels are hiding fentanyl in fake pills that look like oxycodone, Xanax, and Percocet. The cartels are also mixing fentanyl powder in with cocaine, heroin, and methamphetamine. This is why many of the people poisoned by fentanyl had no idea they were even taking it.
• The cartels and their members and associates are using social media applications—including Facebook, Instagram, TikTok, and Snapchat—and encrypted platforms—including WhatsApp, Telegram, Signal, Wire, and Wickr—to sell pills and powders that are advertised as something else but actually have fentanyl inside.

The U.S. Attorney’s Office for the District of South Dakota works in conjunction with its state, local, tribal, and federal law enforcement partners to investigate and prosecute drug offenses, including distribution resulting in overdose or serious bodily injury. We are committed to identifying the sources of these life-threatening drugs and aggressively pursuing charges that carry a mandatory minimum sentence of twenty years in federal prison.

For additional facts about fentanyl, visit One Pill Can Kill.

SIOUX FALLS – The United States Attorney’s Office for the District of South Dakota joins its partners across the federal government, as well as people throughout American Indian and Alaska Native communities, in recognizing May 5, 2023, as National Missing or Murdered Indigenous Persons Awareness Day.

The department’s work to respond to the MMIP crisis is a whole-of-department effort that takes many forms. One year ago today, Deputy Attorney General Lisa Monaco joined Secretary of the Interior Deb Haaland to launch the Not Invisible Act Commission, a joint Commission established by the Not Invisible Act with an essential mission — to reduce violence against American Indians and Alaska Natives. In February, they welcomed the first in-person plenary meeting of the Not Invisible Act Commission. Since then, the department’s representatives on the commission — who are department leaders and subject matter experts — have participated in the Commission’s field hearings, which will continue through the summer. Later this year, the Commission will deliver recommendations for addressing the MMIP crisis to the Attorney General and the Secretary.

In July 2022, Deputy Attorney General Monaco issued a memorandum reiterating that it is a priority of the Department of Justice to address the disproportionately high rates of violence experienced by American Indians and Alaska Natives, and relatedly, the high rates of indigenous persons reported missing.  The memorandum directed each United States Attorney with Indian country jurisdiction—along with their law enforcement partners at DOJ—to update and develop new plans for addressing public safety in Indian country. 

In October 2022, Attorney General Merrick B. Garland issued revised Attorney General Guidelines for Victim and Witness Assistance. The revised guidelines, which were updated for the first time in a decade, address when and how department employees work with victims and witnesses of crime to ensure that their voices are heard and that they are protected during criminal justice proceedings. For the first time the guidelines include cultural and linguistic considerations for victims from American Indian and Alaska Native communities.

Today and every day, we recognize, support, and stand with the disproportionate number of Native women in South Dakota who suffer violence in their communities and elsewhere in our state. Federal, Tribal, and State authorities are committed to ending this unacceptable scourge of violence and bringing to justice its perpetrators. 

If you are aware of a person being victimized in any way, we urge you to call 911 and report it so that authorities can respond appropriately. 

PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a Ring Thunder, South Dakota, man convicted of Sexual Abuse of a Minor. The sentencing took place on May 2, 2023.

Marshall Knife, 39, was sentenced to five years and eleven 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.

Knife was indicted for Sexual Abuse of a Minor by a federal grand jury in April of 2022. He pleaded guilty on January 23, 2023.

In September of 2020, Knife and other individuals were consuming alcohol at Knife’s residence in the Ring Thunder Community in Todd County, South Dakota. The victim, who was approximately 14-years old at the time, was also present. As the night progressed, Knife made a comment about wanting to take the victim’s virginity and proceeded to engage in sexual acts with the victim.

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

Knife 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 Jeffrey L. Viken has sentenced a Kyle, South Dakota, man convicted of two counts of Receipt of Child Pornography. The sentencing took place on April 28, 2023.

Shayne Justin Begay, 45, was sentenced to two eight-year terms in federal prison, to run consecutively, followed by five years of supervised release. Begay was also ordered to pay a $200 special assessment to the Federal Crime Victims Fund and will be required to register as a sex offender under the Sex Offender Registration and Notification Act.

Begay was indicted for Sexual Exploitation of Minors and Possession of Child Pornography by a federal grand jury in December of 2021. He pleaded guilty on February 2, 2023.

The conviction stems from Begay filming two minor females while they showered at the Juvenile Detention Center in Kyle, South Dakota, where he was employed as a corrections officer.

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 FBI and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

Begay 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 Jeffrey L. Viken has sentenced an Allen, South Dakota, man convicted of Attempted Receipt of Child Pornography. The sentencing took place on April 28, 2023.

Kordelle Running Hawk, 24, was sentenced to five 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. Running Hawk will also be required to register as a sex offender under the Sex Offender Registration and Notification Act.

Running Hawk was indicted for Attempted Enticement of a Minor Using the Internet by a federal grand jury in August of 2022. He pleaded guilty on January 6, 2023.

Running Hawk was arrested and federally indicted as a result of an undercover sex trafficking operation conducted during the 2022 Sturgis Motorcycle Rally, targeting internet predators.  Following multiple sexually explicit chats and text messages with a person Running Hawk believed to be a 14-year-old girl, but who was in fact an undercover agent, Running Hawk proceeded to negotiate a time and place he would meet the minor to engage in unlawful sex acts.  When Running Hawk went to the pre-determined location to meet the minor, he was instead met by law enforcement agents and placed under arrest.

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, and Homeland Security Investigations. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

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

RAPID CITY - United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted a Summerset, South Dakota, man for Possession of a Firearm and Ammunition by a Prohibited Person and Possession of an Unregistered Firearm.

Jason Johnston, age 36, was indicted in April of 2023. He appeared before U.S. Magistrate Judge Daneta L. Wollmann on April 28, 2023, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is 15 years in custody and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

The charges relate to Johnston, a previously convicted felon who is prohibited from possessing firearms and ammunition, knowingly being in possession of a Mossberg rifle and ammunition in Summerset in January of 2023. Johnston was also in possession of a privately made silencer.

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

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.

The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Summerset Police Department, and the Rapid City Police Department. Assistant U.S. Attorney Kelsey Blair is prosecuting the case. 

Johnston was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for June 27, 2023.

RAPID CITY - United States Attorney Alison J. Ramsdell announced that U.S. District Judge Jeffrey L. Viken has sentenced a Rapid City, South Dakota, man convicted of Possession with Intent to Distribute a Controlled Substance. The sentencing took place on April 17, 2023.

Michael Wilson, 46, was sentenced to 14 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.

Wilson was indicted for Possession with Intent to Distribute a Controlled Substance by a federal grand jury in June of 2022. He pleaded guilty on January 20, 2023.

On January 30, 2022, a South Dakota Highway Patrol Trooper observed Wilson traveling eastbound on Interstate 90, close to Spearfish, South Dakota. Wilson’s vehicle then slowed down, entered a median crossing and started traveling westbound toward Spearfish. When the trooper attempted to initiate a traffic stop, the vehicle fled and a pursuit ensued. The pursuit ended when Wilson crashed his car in a housing development and fled on foot. A search of the vehicle revealed over 1300 grams of methamphetamine, other illegal substances, and $11,400 in cash. The investigation showed that Wilson was the driver of the vehicle and he was later arrested.

This case was investigated by the South Dakota Division of Criminal Investigation, South Dakota Highway Patrol, Spearfish Police Department, Lawrence County Sheriff’s Office, Deadwood Police Department, and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Gina S. Nelson prosecuted the case.

Wilson 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 Parmelee, South Dakota, man convicted of being a Prohibited Person in Possession of a Firearm. The sentencing took place on May 2, 2023.

Alun James Guerue, age 27, was sentenced to time served from May 2, 2023, through August 14, 2023, equaling approximately three and half months of custody, followed by three years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100. He was also ordered to forfeit the Glock 19 pistol and ammunition involved in the matter.

Guerue was indicted by a federal grand jury in November of 2021. He pleaded guilty on January 19, 2023.

The conviction stemmed from an incident near Soldier Creek, South Dakota, on February 26, 2021, when a law enforcement officer conducted a traffic stop on a vehicle traveling 83-mph in a 65-mph zone. The driver was identified as Guerue. A search of the vehicle uncovered a Glock 19 pistol, marijuana, and cocaine. The pistol belonged to Guerue, who was an unlawful user of a controlled substance, thus prohibited from possessing any firearms. The pistol had been shipped and transported in interstate commerce and foreign commerce

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 Meghan N. Dilges 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.

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

RAPID CITY - United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted a New Underwood, South Dakota, man for Receipt of Child Pornography with a Prior Child Pornography Conviction and Possession of Child Pornography with a Prior Child Pornography Conviction.

Kent Joy, age 47, was indicted in March of 2023. He appeared before U.S. Magistrate Judge Daneta L. Wollmann on April 28, 2023, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is a mandatory minimum of 10 years in federal prison, up to 20 years and/or a $250,000 fine, a mandatory minimum of five years of supervised release, and $100 to the Federal Crime Victims Fund for each count. Restitution may also be ordered.

The charges relate to Joy, a person previously convicted for a child pornography offense, knowingly receiving and possessing child pornography between April 18, 2018, and September 19, 2022.

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

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.

The investigation is being conducted by the South Dakota Division of Criminal Investigation, South Dakota Internet Crimes Against Children Task Force, and Homeland Security Investigations. Assistant U.S. Attorney Kelsey Blair is prosecuting the case. 

Joy was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for June 27, 2023.

PIERRE - United States Attorney Alison J. Ramsdell announced today that Chief Judge Roberto A. Lange, U.S. District Court, has sentenced a Fort Thompson, South Dakota, man convicted of Abusive Sexual Contact of a Child. The sentencing took place on May 1, 2023.

Carl Estes, age 22, was sentenced to 13 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.

Estes was indicted by a federal grand jury in September of 2021. He pleaded guilty on January 19, 2023.

In the spring/summer of 2021, Estes was living with his girlfriend in Fort Thompson, on the Crow Creek Indian Reservation. Estes was observed touching the genitalia of his girlfriend’s child, who was five years old at the time of the offense. Estes admitted to investigators that he had sexually abused the victim and drew a diagram indicating which part of his hand he used in the sexual assault.

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 FBI. Assistant U.S. Attorney Troy R. Morley prosecuted the case.

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

RAPID CITY - United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted a Fort Thompson, South Dakota, man for Sexual Abuse of a Minor and Abusive Sexual Contact.

Loren Goodlow, age 33, was indicted in April of 2023. He appeared before U.S. Magistrate Judge Daneta L. Wollmann on April 24, 2023, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is 15 years in custody and/or a $250,000 fine, five years up to lifetime supervised release, and $100 to the Federal Crime Victims Fund for each count. Restitution may also be ordered.

The charges relate to Goodlow engaging in sexual acts with two minors who had attained the age of 12 years old but not attained the age of 16.

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

The investigation is being conducted by the FBI. Assistant U.S. Attorney Kelsey Blair is prosecuting the case. 

Goodlow was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for June 27, 2023.

RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Jeffrey L. Viken 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 28, 2023.

Marcel Boyd, 37, 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.

Boyd was indicted for Possession of a Firearm and Ammunition by a Prohibited Person by a federal grand jury in October of 2022. He pleaded guilty on February 2, 2023.

In August of 2022 in Rapid City, Boyd, a previously convicted felon who is prohibited from possessing firearms, was found in possession of a Taurus, 9x19 mm Luger caliber, semi-automatic pistol, as well as 9mm caliber ammunition, which was found when Boyd came into contact with law enforcement after officers responded to a domestic violence call for service.

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 Benjamin Patterson prosecuted the case.

Boyd 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 Jeffrey L. Viken has sentenced a Summerset, South Dakota, man convicted of Receipt of Child Pornography and Assault on a Federal Officer. The sentencings took place on April 21, 2023.

As to the charge of Receipt of Child Pornography, Caleb Wayne Cook, 24, was sentenced to five 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.

For the Assault on a Federal Officer, Cook was sentenced to 18 months in federal prison, to be served consecutively to the other five-year sentence, followed by three years of supervised release, and ordered to pay another $100 special assessment to the Federal Crime Victims Fund.

Cook was indicted for Receipt of Child Pornography and Possession of Child Pornography by a federal grand jury in March of 2022. He was indicted for Assault on a Federal Officer in May of 2022. He pleaded guilty on January 18, 2023.

Between September 2016 and December 2021, Cook used the Internet to download images of child pornography and videos depicting child pornography into his Dropbox account and other devices. This conduct was brought to the attention of law enforcement through a Cybertip sent by Dropbox to the National Center for Missing and Exploited Children. When the Dakota Territory Fugitive Taskforce executed the arrest warrant on Cook at his workplace, Deputy U.S. Marshals attempted to place Cook into custody. Cook pulled a handgun out of his waistband, racked the slide, and barricaded himself in a restroom. The Rapid City Special Response Team and their negotiators were called in and were able to talk Cook out of the restroom. Cook was placed under arrest for the child pornography charges and an additional charge for the assault on the Deputy U.S. Marshals.

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 Internet Crimes Against Children Task Force, Pennington County Sheriff’s Office, Rapid City Police Department, and the U.S. Marshals Service. Assistant U.S. Attorney Heather Knox Sazama prosecuted the case.

Cook 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 Jeffrey L. Viken has sentenced a Rapid City, South Dakota, man convicted of Receipt of Child Pornography and Possession of Child Pornography. The sentencing took place on April 24, 2023.

Matthew Shawn Buchko, 40, was sentenced to two 10-year terms in federal prison, to run concurrently, followed by five years of supervised release, to run concurrently. Buchko was also ordered to pay a $200 special assessment to the Federal Crime Victims Fund and will be required to register as a sex offender under the Sex Offender Registration and Notification Act.

Buchko was indicted by a federal grand jury in February of 2021. He was found guilty at trial on January 20, 2023.

Buchko was federally indicted following a Cybertip from the National Center of Missing and Exploited Children in relation to an upload of child pornography using the application Discord. The Internet Crimes Against Children Taskforce executed a search warrant on Buchko’s home and located multiple devices. A forensic examination of those devices found hundreds of images and videos of child pornography, as well as images and videos of child erotica and computer-generated child pornography.

This case was investigated by the Internet Crimes Against Children Taskforce, South Dakota Division of Criminal Investigation, Homeland Security Investigations, Pennington County Sheriff’s Office, and the Rapid City Police Department. Assistant U.S. Attorneys Sarah B. Collins and Heather Sazama prosecuted the case.

Buchko 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 Jeffrey L. Viken has sentenced a Rapid City, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person. The sentencing took place on April 24, 2023.

Kyle Mackay, 33, was sentenced to four 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.

Kyle Mackay was indicted for Possession of a Firearm by a Prohibited Person by a federal grand jury in May of 2021. He pleaded guilty on January 20, 2023.

On January 28, 2021, law enforcement had contact with Mackay after he was reported as an unwanted subject at the gas station on East Highway 44 in Rapid City. Once he was identified, law enforcement discovered Mackay had an active arrest warrant. When he was searched, Mackay had a firearm on his person, as well as approximately a half ounce of methamphetamine. A check of the firearm showed it had been reported as stolen. Because of a previous felony conviction, Mackay is prohibited from being in possession of firearms.

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, Rapid City Police Department, Dakota Territory Fugitive Task Force, and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.

Mackay 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 Conspiracy to Distribute a Controlled Substance. The sentencing took place on April 24, 2023.

Isaac Mathews, 41, was sentenced to five years in federal prison, followed by four years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Isaac Mathews was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury in October of 2022. He pleaded guilty on January 25, 2023.

On May 10, 2022, law enforcement had contact with Mathews and recovered a firearm, along with a distributable amount of methamphetamine. Between 50 grams and 200 grams of methamphetamine were distributed during the course of the conspiracy.

This case was investigated by the Badlands Safe Trails Drug Enforcement Task Force, which is comprised of agents from the FBI, South Dakota Division of Criminal Investigation, Bureau of Indian Affairs Division of Drug Enforcement, Martin Police Department, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.

Mathews 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 21, 2023.

Frank White Thunder, age 35, was sentenced to 20 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.

White Thunder was indicted by a federal grand jury in September of 2022.  He pleaded guilty on January 11, 2023.

White Thunder was convicted of Abusive Sexual Contact in 2008. 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 February of 2022, White Thunder was released from prison and began a period of supervised release. White Thunder initially registered and resided at an address in Mission, but he subsequently moved from his registered address and did not update his registration. His whereabouts were unknown until his arrest in Mission on August 13, 2022. 

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

White Thunder 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 Jeffrey L. Viken has sentenced a Hot Springs, South Dakota, man convicted of Attempted Receipt of Child Pornography. The sentencing took place on April 20, 2023.

Brian Lynn Spitzer, 59, was sentenced to five 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 and a $5,000 special assessment to the Victims of Trafficking Fund. Spitzer will also be required to register as a sex offender under the Sex Offender Registration and Notification Act.

Spitzer was indicted for Attempted Sexual Exploitation of a Minor, Attempted Enticement of a Minor Using the Internet, and Attempted Receipt of Child Pornography by a federal grand jury in January of 2021. He pleaded guilty on December 7, 2022.

Spitzer was arrested and federally indicted after attempting to exploit an undercover law enforcement agent posing as a 14-year-old female. Spitzer sent the undercover agent multiple sexually explicit messages between August of 2020 and September of 2020.

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. Attorneys Kelsey Blair and Heather Sazama prosecuted the case.

Spitzer 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 Jeffrey L. Viken has sentenced a Lead, South Dakota, man convicted of Receipt of Child Pornography. The sentencing took place on April 14, 2023.

William Jacob Stone, 73, was sentenced to five years in federal prison, followed by 10 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Stone was indicted for Receipt of Child Pornography and Possession of Child Pornography by a federal grand jury in September of 2021. He pleaded guilty on December 16, 2022.

Between March 2020 and June 2021, Stone used the internet to download visual depictions of minors engaged in sexually explicit conduct. He then used Adobe PhotoShop software and his Apple iPad to superimpose naked images of himself sexually abusing the child pornography images he had downloaded, as well as clothed photos of local children known to Stone through his decades-long career as a school bus driver. This conduct was brought to the attention of law enforcement through a Cybertip sent by Adobe to the National Center for Missing and Exploited Children.

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 Internet Crimes Against Children Task Force, Pennington County Sheriff’s Office, and the Rapid City Police Department. Assistant U.S. Attorney Heather Knox Sazama prosecuted the case.

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

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced that a jury has convicted Sky Thomas Roubideaux, age 23, of Sioux Falls, South Dakota, of Attempted Enticement of a Minor Using the Internet following a three-day jury trial in federal district court in Sioux Falls, South Dakota. The verdict was returned on April 20, 2023.

The charges carry a maximum penalty of life in federal prison and/or a $250,000 fine, life of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.

Roubideaux was indicted by a federal grand jury in April of 2022.

Roubideaux, using his cellular phone, attempted to knowingly entice a minor individual, namely an undercover officer posing as a 15-year-old male, to engage in sexual activity.

This case was investigated by the FBI and  Homeland Security Investigations, with the assistance of the Internet Crimes Against Children Task Force, South Dakota Division of Criminal Investigation, Sioux Falls Police Department, Minnehaha County Sheriff’s Office, South Dakota Highway Patrol, and Air Force Office of Special Investigations. Assistant U.S. Attorney Jeffrey C. Clapper 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.

A presentence investigation was ordered and a sentencing date has been set for July 10, 2023. Roubideaux was remanded to the custody of the U.S. Marshals Service.

RAPID CITY - United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted a Custer, South Dakota, man for Receipt of Child Pornography and Possession of Child Pornography.

Nathan Frisch, age 42, was indicted in March of 2023. He appeared before U.S. Magistrate Judge Daneta L. Wollmann on April 3, 2023, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is a mandatory minimum of five years in custody and/or a $250,000 fine, a mandatory minimum of five years of supervised release, and $100 to the Federal Crime Victims Fund for each count of conviction. Restitution may also be ordered.

The charges relate to Frisch downloading child pornography images from the Internet and transferring them from his laptop to the Google Drive account installed on his cellular phone.

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

The investigation is being conducted by Homeland Security Investigations and the South Dakota Internet Crimes Against Children Task Force. Assistant U.S. Attorney Heather Sazama is prosecuting 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.

Frisch was released on bond pending trial. A trial date has been set for June 6, 2023.

PIERRE - United States Attorney Alison J. Ramsdell announced that James Drapeau, age 35, of Crow Creek, South Dakota, was found guilty of Assault with a Dangerous Weapon and Child Abuse as a result of a two-day federal jury trial in Pierre, South Dakota. The verdict was returned on April 20, 2023.

The charges carry a maximum penalty of up to twenty years in federal prison and/or a $500,000 fine, three years of supervised release, and a $200 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.

Drapeau was indicted by a federal grand jury in June of 2022. 

The evidence at trial showed that on May 24, 2022, at a residence on the Crow Creek Sioux Indian Reservation, Drapeau became upset with a 14-year-old boy who was in his care. Drapeau threw the boy on the ground, kicked him repeatedly, and beat him with a broom stick and extension cord. As a result of the beating, the young boy sustained considerable bruising, welts, and abrasions on his head, back, arms, torso, buttocks, and legs.   

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

A presentence investigation report was ordered, and sentencing has been set for July 24, 2023.  Drapeau was remanded to the custody of the U.S. Marshals Service pending sentencing.

ABERDEEN - United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted a Sisseton, South Dakota, man for First Degree Murder.

Jay Adams, Jr., age 57, was indicted in April of 2023. He appeared before U.S. Magistrate Judge Daneta L. Wollmann on April 17, 2023, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is mandatory life in custody and/or a $250,000 fine, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that on or about September 4, 1992, in Roberts County, Adams killed a minor victim by inflicting fatal blunt force trauma.

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

The investigation is being conducted by the Sisseton-Wahpeton Tribal Police Department and the FBI. Assistant U.S. Attorney Troy R. Morley is prosecuting the case. 

Adams was released on conditions pending trial. A trial date has not been set.

RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Jeffrey L. Viken has sentenced a Sturgis, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person. The sentencing took place on April 14, 2023.

Dallas Ford, 29, was sentenced to three 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.

Ford was indicted for Possession of a Firearm by a Prohibited Person by a federal grand jury in March of 2022. He pleaded guilty on January 6, 2023.

The charge stems from Ford illegal possessing a .22 caliber, semi-automatic pistol in December of 2021 in Sturgis.

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, Firearms, Tobacco and Explosives, and the Sturgis Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.

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

SIOUX FALLS – Today, United States Attorney Alison J. Ramsdell of the District of South Dakota issued the following statement on the death of former U.S. Attorney Randy Seiler:

“With profound sadness, our office mourns the untimely passing of our friend and former colleague Randy Seiler. Randy served South Dakota for over two decades as a federal prosecutor and, ultimately, as United States Attorney. He led with unparalleled dedication to the cause of justice and equality under the law. Randy was an inspiring and tenacious leader, and we will miss him dearly. Our thoughts are with Randy’s wife, Wanda, and their family during this difficult time.”  

RAPID CITY - United States Attorney Alison J. Ramsdell announced that a Pine Ridge, South Dakota, man convicted of Brandishing a Firearm During the Commission of a Crime of Violence and Assault on a Federal Officer was sentenced on April 10, 2023, by U.S. District Judge Jeffrey L. Viken.

As to the charge of Brandishing a Firearm During the Commission of a Crime of Violence, Daniel Tobacco, age 29, was sentenced to seven years in federal prison, followed by five years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund. As to the Assault on a Federal Officer charge, Tobacco was sentenced to four years and nine months in federal prison to be served consecutively with the other sentence, followed by five years of supervised release, and ordered to pay another $100 special assessment. 

Tobacco was indicted for the charges by a federal grand jury in September of 2021, and pleaded guilty in December of 2022. The conviction stems from Tobacco engaging in a standoff with tribal and federal law enforcement at a residence north of Pine Ridge on September 2, 2021. Tobacco fired a semiautomatic pistol several times during the standoff. Tobacco pointed the gun toward an approaching Tribal law enforcement officer and squeezed the trigger as he was tased by the officer.

This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. 

The case was investigated by the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Heather Sazama prosecuted the case.

Tobacco 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 James Dean Hanapel, age 22, of Jacksonville, Florida, of Attempted Enticement of a Minor Using the Internet following a 3-day jury trial in federal district court in Rapid City, South Dakota. The verdict was returned on April 13, 2023.

The charges carry a mandatory minimum sentence of 10 years imprisonment and a maximum penalty of life imprisonment and/or a $250,000 fine, five years up to lifetime of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. 

Hanapel was indicted by a federal grand jury in August of 2021. 

Evidence at trial established that Hanapel was arrested as a result of an undercover sex trafficking operation conducted during the 2021 Sturgis Motorcycle Rally, targeting internet predators. Following his sending of multiple chats and sexually explicit text messages to a person Hanapel believed to be a 14-year-old girl, but who was in fact an undercover agent, Hanapel negotiated a time and place he would meet the minor to engage in unlawful sex acts. When Hanapel arrived at the pre-determined location to meet the person he believed was the minor, he was instead met by law enforcement agents and placed under arrest.

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 Taskforce, Homeland Security Investigations, Rapid City Police Department, and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

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

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced today that District Court Judge Karen E. Schreier has sentenced Sean Gross, of Phoenix Arizona, and Brandie Rinnet, of Bullhead City, Arizona, on charges of Conspiracy to Distribute a Controlled Substance and Conspiracy to Commit Money Laundering. The sentencings took place on April 10, 2023.

Sean Richard Gross, age 40, was sentenced to 26 years and eight months in federal prison, followed by five years of supervised release on Count 1, Conspiracy to Distribute a Controlled Substance.   Additionally, he was sentenced to 20 years in federal prison, followed by three years of supervised release on Count 2, Conspiracy to Commit Money Laundering.  These sentences to run concurrently to one another. He was also ordered to pay a $200 special assessment to the Federal Crime Victims Fund. 

Brandie Rinnet, age 41, was sentenced to 21 months in federal prison, followed by three years of supervised release, on the charge of Conspiracy to Commit Money Laundering. She was also ordered to pay a $100 special assessment to the Federal Crime Victims Fund.

Gross and Rinnet were indicted together, along with three others, by a federal grand jury in December of 2021. Gross pleaded guilty on January 17, 2023, and Rinnet pleaded guilty on January 18, 2023.

Gross, along with others, came to an understanding to distribute 500 grams or more of methamphetamine in the District of South Dakota, and elsewhere. During Gross’ involvement, he reached an agreement to provide methamphetamine to Christopher Daniels in South Dakota. Daniels was previously sentenced to 30 years in federal prison for his involvement in this conspiracy. Gross sent Daniels methamphetamine to South Dakota through the mail and also delivered it to him in person, so that Daniels could further distribute the methamphetamine throughout South Dakota.

Daniels would then send the proceeds of his meth sales in South Dakota to Brandie Rinnet in Arizona, who accepted and attempted to conceal these transactions on behalf of Sean Gross. Gross instructed Daniels, and others, on the manner in which they should wire the money for the purpose of concealing the fact that the money sent was acquired from the sale of methamphetamine and to avoid implicating Gross’ involvement. Gross had multiple conversations with Daniels and Rinnet regarding the movement of funds derived from the sale of methamphetamine on behalf of the conspiracy.

This case was investigated by the Drug Enforcement Administration, U.S. Postal Inspection Service, IRS Criminal Investigation team, Sioux Falls Police Department, Minnehaha County Sheriff’s Office, Moody County Sheriff’s Office, and the South Dakota Highway Patrol. Assistant U.S. Attorney Mark Hodges prosecuted the case.

Gross and Rinnet were immediately remanded to the custody of the U.S. Marshals Service.

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted a Sioux Falls, South Dakota, man for two counts of Transportation of Child Pornography.

Matthew Richard Hainje, age 44, was indicted in March of 2023. He appeared before U.S. Magistrate Judge Veronica L. Duffy on April 11, 2023, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is up to 40 years in federal prison per count and/or a $250,000 fine, life of supervised release, and up to $200 to the Federal Crime Victims Fund.  Restitution may also be ordered.

The Indictment alleges that on December 20, 2022, and again between December 22, 2022, and January 13, 2023, Hainje knowingly transported child pornography. It is alleged that Hainje uploaded graphic images and video files depicting one or more minors engaged in sexually explicit conduct into his Dropbox and Google accounts.

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

The investigation is being conducted by the Sioux Falls Police Department and Homeland Security Investigations. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting 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.

Hainje was remanded to the custody of the State pending trial. A trial date has not been set.

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 Failure to Register as a Sex Offender. The sentencing took place on April 10, 2023.

Steven Flood, age 38, was sentenced to two years in federal prison, followed by five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.

Flood was indicted by a federal grand jury in November of 2022. He pleaded guilty on January 17, 2023.

The conviction stems from Flood failing to register as a sex offender as required by federal law between June 15, 2022, and August 4, 2022. Flood had previously been convicted of a sex offense in federal court which requires him to register for the rest of his life.

This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Jeffrey C. Clapper 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.

Flood 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 7, 2023.

Sonny Ray Escarsega, a/k/a Sonny Ray Ruiz, age 40, was sentenced to two 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.

Escarsega was indicted by a federal grand jury in November of 2022. He pleaded guilty on January 9, 2023.

Escarsega was convicted of Aggravated Sexual Abuse in 2003. 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 2022, Escarsega was released from prison and began a period of supervised release. Escarsega initially registered and resided at an address in Rapid City, but he subsequently moved from his registered address and did not update his registration.  His whereabouts were unknown until his arrest near Mission, South Dakota, on October 25, 2022.

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

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

RAPID CITY - United States Attorney Alison J. Ramsdell announced that a Pine Ridge, South Dakota, man has been charged with Second Degree Murder.

Trent Brewer, age 20, was recently charged, and appeared before U.S. Magistrate Judge Daneta Wollman on April 7, 2023, and pleaded not guilty to the charge.

The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, five years supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

In April of 2023, at Pine Ridge, Brewer shot and killed another man during an argument. The charge is merely an accusation and Brewer is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the FBI and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Benjamin Patterson is prosecuting the case. 

Brewer was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been scheduled for June 13, 2023.

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, woman convicted of Larceny. The sentencing took place on April 6, 2023.

Sophie Little Wounded, a/k/a Sophie Dupris, age 35, was sentenced to time served from her arrest on October 18, 2022, through May  1, 2023, equal to approximately six months of incarceration, followed by two years of supervised release, and ordered to pay $700 in restitution and a $100 special assessment to the Federal Crime Victims Fund.

Little Wounded was indicted for Larceny by a federal grand jury in November of 2022. She pleaded guilty on January 4, 2023.

Little Wounded took a 2013 Ford Mustang from the driveway of a residence in Sioux Falls on the evening of October 18, 2022, or the early morning hours of October 19, 2022, without the owner’s consent. Little Wounded had been visiting at the owner’s residence prior to the theft. Little Wounded also took $700 in cash belonging to the victim. The vehicle was reported stolen on the morning of October 19, 2022, to the Sioux Falls Police Department. The victim also contacted the Cheyenne River Sioux Tribe Law Enforcement Services, assuming that Little Wounded was headed towards Dupree.  At approximately 9:30 a.m. on the morning of October 19, 2022, the Cheyenne River Sioux Tribe Law Enforcement Services recovered the vehicle by performing a traffic stop on Little Wounded a short distance outside of Eagle Butte. The $700 in missing money was not recovered. 

This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services and the Sioux Falls Police Department. Assistant U.S. Attorney Jay Miller prosecuted the case.

Little Wounded 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 Jeffrey L. Viken has sentenced a Black Hawk, South Dakota, man convicted of Distribution of a Controlled Substance and Possession of an Unregistered Firearm. The sentencing took place on April 7, 2023.

Gregory Martin, 35, was sentenced to six years in federal prison on each charge, to be served concurrently, followed by five years of supervised release, and ordered to pay a $200 special assessment to the Federal Crime Victims Fund.

Martin was indicted for Distribution of a Controlled Substance and Possession of an Unregistered Firearm by a federal grand jury in March of 2022. He pleaded guilty on December 8, 2022.

In November of 2021, in Box Elder and Black Hawk, Martin knowingly distributed methamphetamine. Additionally, when law enforcement executed a search warrant in December of 2021 at a residence where Martin was staying, he was found in possession of several firearms, including a Mossberg 12-gauge pump-action shotgun with a barrel length of less than 18 inches.  The shotgun was not registered to Martin in the National Firearms Registration and Transfer Record as is required by law.

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, the South Dakota Division of Criminal Investigation, and the Mellette County Sheriff's Office. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.

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

RAPID CITY - United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted a Pine Ridge, South Dakota, man for Enticement of a Minor, Possession of Child Pornography, and Sexual Abuse of a Minor.

Rowland Coomes, age 35, was indicted in February of 2023. He appeared before U.S. Magistrate Judge Daneta L. Wollmann on April 5, 2023, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is a mandatory minimum of 10 years up to life in custody and/or a $250,000 fine, a mandatory minimum of five years up to life of supervised release, and $100 to the Federal Crime Victims Fund for each count of conviction. Restitution may also be ordered.

The charges relate to Coomes using his cellular phone to entice a minor female to engage in sexual activity in November of 2021. Coomes also possessed child pornography on his social media account. Between March of 2021 and November of 2022, Coomes sexually abused another minor female at Pine Ridge.

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

The investigation is being conducted by the FBI. Assistant U.S. Attorney Megan Poppen is prosecuting the case. 

Coomes was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for June 13, 2023.

PIERRE - United States Attorney Alison J. Ramsdell announced that an Eagle Butte, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury was sentenced on April 7, 2023, by Chief Judge Roberto A. Lange, U.S. District Court.

Ramon Louis Bagola, age 24, was sentenced to 40 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.

Bagola was indicted by a federal grand jury in September of 2022. He pleaded guilty on January 11, 2023.

On the evening of May 16, 2022, Bagola and another individual assaulted the victim in the stairwell of the Evergreen Apartments building in Eagle Butte, knocking the victim unconscious and causing a subdural hematoma. The assault was unprovoked. Bagola took the victim’s car keys and wallet from his person. Bagola used the car keys to steal the victim’s Trailblazer from the apartment parking lot.

This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services.  Assistant U.S. Attorney Carl Thunem prosecuted the case.

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

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced that Homeland Security Investigations, with the assistance of the Internet Crimes Against Children Task Force, South Dakota Division of Criminal Investigation, Sioux Falls Police Department, Watertown Police Department, Tea Police Department, Minnehaha County Sheriff’s Office, Lincoln County Sheriff’s Office, South Dakota Highway Patrol, and the FBI, conducted a joint online sex crimes operation that ran from March 3, 2023, through March 8, 2023.

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

Cole Bogen Bettin, age 27; Joshua David Catron, age 33; Jayden Debevec, age 28; Kody William Konechne, age 21; Michael Valleck, age 32; and Jonah Earl Severson, age 23.

The mandatory minimum penalty upon conviction is 10 years and a maximum of life in federal prison and/or a $250,000 fine, five years minimum of supervised release, up to life, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

The charges are merely accusations and all six Defendants are presumed innocent until and unless proven guilty.  

“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 federally prosecuted by Assistant U.S. Attorneys Jeffrey C. Clapper and Jeremy R. Jehangiri.   

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.

The U.S. Attorney’s Office would like to extend its appreciation to all law enforcement partners involved in the investigations for their efforts and continued cooperation.

RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Jeffrey L. Viken has sentenced a Spearfish, South Dakota, man convicted of Attempted Receipt of Child Pornography. The sentencing took place on April 3, 2023.

Anthony James Kemp, 56, was sentenced to five 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 and a $5,000 special assessment to the Victims of Trafficking Fund. Kemp will also be required to register as a sex offender under the Sex Offender Registration and Notification Act.

Kemp was indicted for Attempted Sexual Exploitation of a Minor, Attempted Enticement of a Minor Using the Internet, and Attempted Receipt of Child Pornography by a federal grand jury in August of 2021. He pleaded guilty on December 2, 2022.

Kemp was arrested and federally indicted as a result of an undercover sex trafficking operation conducted during the 2021 Sturgis Motorcycle Rally, targeting internet predators. Following multiple text messages with an undercover persona Kemp thought was a 15-year-old girl, he negotiated a time and place he would meet the girl to have sex. When Kemp went to the pre-determined location to meet the minor, he was instead met by law enforcement agents and placed under arrest. 

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

Kemp 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 Jeffrey L. Viken has sentenced a Rapid City, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance. The sentencing took place on March 24, 2023.

Brittany Vermeulen, 35, 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.

Vermeulen was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury in July of 2022. She pleaded guilty on January 6, 2023.

During her involvement in the conspiracy Vermeulen obtained distributable quantities of fentanyl, at times traveling to the Denver, Colorado, area to pick up fentanyl. Upon her return to South Dakota, she would then distribute the fentanyl, primarily in the Black Hills area.

This case was investigated by the Unified Narcotics Enforcement Team (UNET), the Drug Enforcement Agency, and the South Dakota Highway Patrol. UNET is comprised of law enforcement from the Pennington County Sheriff’s Office, Rapid City Police Department, South Dakota Division of Criminal Investigation, South Dakota Highway Patrol, and the South Dakota National Guard. Assistant U.S. Attorney Gina S. Nelson prosecuted the case.

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

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted a Sioux Falls, South Dakota, man for two counts of Production of Child Pornography and two counts of kidnapping.

Derek Wayne Rondeau, age 32, was indicted in January of 2023. He appeared before U.S. Magistrate Judge Veronica L. Duffy on March 27, 2023, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is up to life in federal prison and/or a $250,000 fine, life of supervised release, and $400 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that on June 9, 2022, and again on June 15, 2023, Rondeau kidnapped two juvenile females and knowingly employed, used, persuaded, induced, enticed, and coerced them to engage in sexually explicit conduct for the purpose of producing visual depictions of such conduct.  Rondeau also knew and had reason to know that such depictions would be transported in interstate and foreign commerce, or mailed, shipped, and transported in interstate and foreign commerce, including by a computer.

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

The investigation is being conducted by Homeland Security Investigations. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting 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.

Rondeau was remanded to the custody of the U.S. Marshals Service pending trial.  A trial date has not been set.

SIOUX FALLS - United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted a Sioux Falls, South Dakota, man for Failure to Register as a Sex Offender.

Maurice Sitting Bear, age 48, was indicted in March of 2023. He appeared before U.S. Magistrate Judge Veronica L. Duffy on March 9, 2023, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

The Indictment alleges that Sitting Bear, who had previously been convicted of a sex crime and required to register under the Sex Offender Registration and Notification Act, failed to do so between April 12, 2021, and January 18, 2023.

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

The investigation is being conducted by the U.S. Marshal Service. Assistant U.S. Attorney Ann M. Hoffman is prosecuting 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.

Sitting Bear was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for May 16, 2023.

RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Jeffrey L. Viken has sentenced a Rapid City, South Dakota, man convicted of Possession of an Unregistered Firearm. The sentencing took place on March 24, 2023.

Warren Hotchkiss, 42, was sentenced to four 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.

Hotchkiss was indicted for Possession of an Unregistered Firearm by a federal grand jury in September of 2022. He pleaded guilty on November 21, 2022.

In August of 2022, at Rapid City, Hotchkiss was found in possession of a semi-automatic rifle with a barrel length less than 16 inches which was not registered to him in the National Firearms Registration and Transfer Record as required.

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 Benjamin Patterson prosecuted the case.

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

RAPID CITY - United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted a Rapid City, South Dakota, man for Attempted Enticement of a Minor Using the Internet.

John Ray Heath, age 51, was indicted in March of 2023. He appeared before U.S. Magistrate Judge Daneta L. Wollmann on March 24, 2023, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is a mandatory minimum of 10 years in custody and/or a $250,000 fine, a mandatory minimum of five years of supervised release, and $100 to the Federal Crime Victims Fund for each count of conviction. Restitution may also be ordered.

The charge relates to Heath attempting to engage an undercover law enforcement agent, posing as a 14-year-old female, in sexual activity between January and March of 2023.

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

The investigation is being conducted by Homeland Security Investigations and the South Dakota Internet Crimes Against Children Task Force. Assistant U.S. Attorney Heather Sazama is prosecuting the case. 

Heath was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.

RAPID CITY - United States Attorney Alison J. Ramsdell announced that Nathan David Hankins, age 30, of Rapid City, South Dakota, has been convicted of Receipt of Child Pornography and Possession of Child Pornography following a court trial in federal district court in Rapid City. The verdict was returned by U.S. District Judge Jeffrey L. Viken on March 23, 2023.

The charges carry a mandatory minimum penalty of five years up to of 20 years in custody and/or a $250,000 fine, five years up to lifetime supervised release, and a $100 special assessment to the Federal Crime Victims Fund for each count. Restitution may also be ordered. 

Hankins was indicted by a federal grand jury in December of 2019. 

Hankins was federally indicted following a Cybertip from the National Center of Missing and Exploited Children in relation to a download of child pornography from Hankins’ Google account. The Internet Crimes Against Children Taskforce executed a search warrant on Hankins’ residence and located several devices. A forensic examination of those devices found hundreds of images 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 Internet Crimes Against Children Taskforce, South Dakota Division of Criminal Investigation, Homeland Security Investigations, Pennington County Sheriff’s Office, and the Rapid City Police Department. Assistant U.S. Attorneys Sarah B. Collins prosecuted the case.

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

RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Jeffrey L. Viken has sentenced a Pine Ridge, South Dakota, man convicted of Theft of Firearms and Assault on a Federal Officer. The sentencing took place on March 24, 2023.

David Gibbons, a/k/a DJ Gibbons, 28, was sentenced to five years and 10 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 and $3,795 in restitution on the theft of firearms charge. Gibbons was also sentenced to five years and 10 months in federal prison on the assault of a federal officer case, of which two years were ordered to run consecutively with the theft of firearms charge, followed by three years of supervised release, and was ordered to pay a $100 special assessment.

Gibbons was indicted for Theft of Firearms by a federal grand jury February of 2021 and for Assault on a Federal Officer in January of 2022. He pleaded guilty on November 4, 2022.

In September of 2020, Gibbons stole ten firearms, including a Derya Arms, 12-gauge, semi-automatic shotgun, from the True Value Hardware Store in Martin, South Dakota. Gibbons later traded several of those firearms for methamphetamine. Gibbons was arrested on the theft of firearms charge and was then held in custody at the Pennington County Jail. In September of 2021, while being held at the Pennington County Jail, Gibbons assaulted a Pennington County Jail Sheriff’s Department Correctional Officer.

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, the Rapid City Police Department, the Pennington County Sheriff’s Office, and the U.S. Marshals Service. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.

Gibbons 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 North Sioux City, South Dakota, man convicted of one count of False Income Tax Return and three counts of Willful Failure to File Tax Returns. The sentencing took place on March 27, 2023.

James R. Winckler, age 60, was sentenced to three years of probation, a fine in the amount of $25,000, and a special assessment to the Federal Crime Victims Fund in the amount of $175.

Winckler was indicted by a federal grand jury in April of 2021. He pleaded guilty on October 3, 2022.

The conviction stemmed from Winckler’s actions while serving as the bookkeeper, daily operations manager, and president of a small cosmetics business known as Medco Lab, Inc.

In 2016, Winckler willfully made and filed his individual 2012 income tax return that understated his income by approximately $450,000. He received the funds from Medco Lab, Inc., to purchase his home in Dakota Dunes. As a result of his guilty plea, Winckler was required to pay $150,312 in taxes on his unreported income.

Winckler also willfully failed to file tax returns for the years 2015, 2016, and 2017. Winckler received income from Medco Lab, Inc., but failed to file tax returns until after he learned the Internal Revue Service (IRS) was investigating him. Winckler knew he was required by law to make and file income tax returns to the IRS specifically stating his gross income.  

This case was investigated by IRS Criminal Investigation. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.